As Introduced*                            1            

123rd General Assembly                                             4            

   Regular Session                                H. B. No. 282    5            

      1999-2000                                                    6            


                      REPRESENTATIVE THOMAS                        8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 125.05, 3301.80, 3301.801,          11           

                3313.21, 3314.02, 3314.03, 3314.06, 3314.08,       12           

                3314.09, 3314.11, 3316.05, 3316.06, 3317.02,                    

                3317.022, 3317.023, 3317.024, 3317.029,            13           

                3317.0212, 3317.0216, 3317.03, 3317.033, 3317.05,  15           

                3317.051, 3317.06, 3317.082, 3317.11, 3317.162,    16           

                3317.51, 3318.01, 3318.011, 3318.05, 3318.06,      17           

                3318.08, 3318.081, 3318.082, 3318.13, 3318.14,     19           

                3318.15, 3318.16, 3318.17, 3318.18, 3318.21,                    

                3318.25, 3318.26, 3318.29, 3318.35, 3319.235,      20           

                3332.05, 3332.07, 3333.04, 3333.12, 3333.20,       21           

                3333.27, 5747.01, and 5910.032; to enact new       22           

                section 3317.16 and sections 3317.014, 3318.032,                

                3318.083, and 3318.33; and to repeal sections      25           

                3317.0214, 3317.053, 3317.16, 3318.23, 3318.24,                 

                and 3318.27 of the Revised Code and to amend       27           

                Section 45.32 of Am. Sub. H.B. 117 of the 121st                 

                General Assembly, as subsequently amended; to      28           

                amend Section 50.52.10 of Am. Sub. H.B. 215 of     29           

                the 122nd General Assembly, as subsequently        30           

                amended; to amend Section 50.52.11 of Am. Sub.     31           

                H.B. 215 of the 122nd General Assembly; to amend   32           

                Section 18 of Am. Sub. H.B. 650 of the 122nd                    

                General Assembly, as subsequently amended; to      33           

                amend Section 39 of Am. Sub. H.B. 770 of the       34           

                122nd General Assembly; and to amend Sections 6,   35           

                26, 30.07, 30.10, and 31 of Am. Sub. H.B. 850 of                

                the 122nd General Assembly to make appropriations  37           

                                                          2      


                                                                 
                for education programs for the biennium beginning               

                July 1, 1999, and ending June 30, 2001, and to     38           

                provide authorization and conditions for the       39           

                operation of those programs.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        41           

      Section 1.  That sections 125.05, 3301.80, 3301.801,         43           

3313.21, 3314.02, 3314.03, 3314.06, 3314.08, 3314.09, 3314.11,     45           

3316.05, 3316.06, 3317.02, 3317.022, 3317.023, 3317.024,           47           

3317.029, 3317.0212, 3317.0216, 3317.03, 3317.033, 3317.05,        49           

3317.051, 3317.06, 3317.082, 3317.11, 3317.162, 3317.51, 3318.01,  50           

3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 3318.13,  53           

3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 3318.25,     54           

3318.26, 3318.29, 3318.35, 3319.235, 3332.05, 3332.07, 3333.04,    55           

3333.12, 3333.20, 3333.27, 5747.01, and 5910.032 be amended and    56           

new section 3317.16 and sections 3317.014, 3318.032, 3318.083,     58           

and 3318.33 of the Revised Code be enacted to read as follows:     59           

      Sec. 125.05.  Except as provided in division (E) of this     68           

section, no state agency shall purchase any supplies or services   70           

except as provided in divisions (A) to (C) of this section.                     

      (A)  Subject to division (D) of this section, a state        72           

agency may, without competitive selection, make any purchase of    73           

services that cost fifty thousand dollars or less or any purchase  74           

of supplies that cost twenty-five thousand dollars or less.  The   75           

agency may make the purchase directly or may make the purchase     76           

from or through the department of administrative services,                      

whichever the agency determines.  The department shall establish   79           

written procedures to assist state agencies when they make direct  81           

purchases.  If the agency makes the purchase directly, it shall    82           

make the purchase by a term contract whenever possible.                         

      (B)  Subject to division (D) of this section, a state        84           

agency wanting to purchase services that cost more than fifty      86           

thousand dollars or supplies that cost more than twenty-five       87           

                                                          3      


                                                                 
thousand dollars shall, unless otherwise authorized by law, make                

the purchase from or through the department.  The department       88           

shall make the purchase by competitive selection under section     89           

125.07 of the Revised Code.  If the director of administrative     90           

services determines that it is not possible or not advantageous    91           

to the state for the department to make the purchase, the          92           

department shall grant the agency a release and permit under                    

section 125.06 of the Revised Code to make the purchase.  Section  93           

127.16 of the Revised Code does not apply to purchases the         94           

department makes under this section.                               95           

      (C)  An agency that has been granted a release and permit    97           

to make a purchase may make the purchase without competitive       98           

selection if after making the purchase the cumulative purchase     99           

threshold as computed under division (F) of section 127.16 of the  100          

Revised Code would:                                                             

      (1)  Be exceeded and the controlling board approves the      102          

purchase;                                                                       

      (2)  Not be exceeded and the department of administrative    104          

services approves the purchase.                                    105          

      (D)  Not later than January 31, 1997, the amounts specified  108          

in divisions (A) and (B) of this section and, not later than the   109          

thirty-first day of January of each second year thereafter, any    110          

amounts computed by adjustments made under this division, shall    111          

be increased or decreased by the average percentage increase or                 

decrease in the consumer price index prepared by the United        112          

States bureau of labor statistics (U.S. City Average for Urban     114          

Wage Earners and Clerical Workers:  "All Items 1982-1984=100")     115          

for the twenty-four calendar month period prior to the                          

immediately preceding first day of January over the immediately    116          

preceding twenty-four calendar month period, as reported by the    117          

bureau.  The director of administrative services shall make this   118          

determination and adjust the appropriate amounts accordingly.      119          

      (E)  If the office of information, learning, and technology  121          

services; OHIO SCHOOLNET COMMISSION, the department of             123          

                                                          4      


                                                                 
education;, or the Ohio education computer network determines      125          

that it can purchase software services or supplies for specified   126          

school districts at a price less than the price for which the                   

districts could purchase the same software services or supplies    127          

for themselves, the office, department, or network shall certify   128          

that fact to the department of administrative services and,        129          

acting as an agent for the specified school districts, shall make  130          

that purchase without following the provisions in divisions (A)    131          

through TO (D) of this section.                                                 

      Sec. 3301.80.  (A)  There is hereby created the Ohio         140          

SchoolNet commission consisting AS AN INDEPENDENT AGENCY.  THE     144          

COMMISSION SHALL ADMINISTER PROGRAMS TO PROVIDE FINANCIAL AND      145          

OTHER ASSISTANCE TO SCHOOL DISTRICTS AND OTHER EDUCATIONAL         146          

INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION OF EDUCATIONAL    147          

TECHNOLOGY.                                                                     

      THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY    149          

OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE    150          

STATE.                                                                          

      (B)(1)  THE COMMISSION SHALL CONSIST of eleven members,      153          

seven of whom are voting members.  Of the voting members, one      155          

shall be appointed by the speaker of the house of representatives  156          

and one shall be appointed by the president of the senate.  The    157          

members appointed by the speaker of the house and the president    158          

of the senate shall not be members of the general assembly.  The                

state superintendent of public instruction or a designee of the    159          

superintendent, the director of the office of budget and           160          

management or a designee of the director, the director of          162          

administrative services or a designee of the director, the         163          

chairperson of the public utilities commission or a designee of                 

the chairperson, and the director of the Ohio educational          164          

telecommunications network commission or a designee of the         165          

director shall serve on the commission as ex officio voting        167          

members.  Of the nonvoting members, two shall be members of the    168          

house of representatives appointed by the speaker of the house of               

                                                          5      


                                                                 
representatives and two shall be members of the senate appointed   169          

by the president of the senate.  The members appointed from each   170          

house shall not be members of the same political party.            171          

      (2)  THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.  THE      173          

VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF            174          

REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE           175          

REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT            176          

GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF  177          

OFFICIAL DUTIES.                                                                

      (3)  The terms of office for the members appointed by the    179          

speaker of the house and the president of the senate shall be for  181          

two years, with each term ending on the same day of the same       182          

month as did the term that it succeeds.  The members appointed by  183          

the speaker of the house and the president of the senate may be    184          

reappointed.  Any member appointed from the house of               185          

representatives or senate who ceases to be a member of the         186          

legislative house from which the member was appointed shall cease  187          

to be a member of the committee COMMISSION.  Vacancies among       188          

appointed members shall be filled in the manner provided for       189          

original appointments.  Any member appointed to fill a vacancy     190          

occurring prior to the expiration date of the term for which a     191          

predecessor was appointed shall hold office as a member for the                 

remainder of that term.  The members appointed by the speaker of   193          

the house and the president of the senate shall continue in        194          

office subsequent to the expiration date of that member's term     195          

until a successor takes office or until a period of sixty days                  

has elapsed, whichever occurs first.                               196          

      The Ohio SchoolNet commission shall monitor and oversee the  200          

operations of, and programs administered by, the Ohio SchoolNet    202          

office established under division (B) of this section.  In         203          

addition, the commission may develop and issue policies and        204          

directives to be followed by the Ohio SchoolNet office in          206          

implementing the programs under its jurisdiction.                  207          

      (B)  The Ohio SchoolNet office is hereby established as an   210          

                                                          6      


                                                                 
independent agency. (C)(1)  The office COMMISSION shall be under   211          

the supervision of a AN EXECUTIVE director who shall be appointed  213          

by the Ohio SchoolNet commission.  The EXECUTIVE director shall    215          

serve at the pleasure of the commission and shall direct the       217          

office COMMISSION EMPLOYEES in the administration of all programs  219          

for the provision of financial and other assistance to school      220          

districts and other educational institutions for the acquisition   221          

and utilization of educational technology.  The                                 

      (2)  THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL    224          

BE PLACED IN THE UNCLASSIFIED SERVICE.  THE COMMISSION SHALL FIX   225          

THE COMPENSATION OF THE EXECUTIVE DIRECTOR.  THE EXECUTIVE         226          

DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES  227          

AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE      228          

COMMISSION.  THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE      229          

EXECUTIVE DIRECTOR.                                                             

      (3)  THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL    232          

BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE  234          

PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED      236          

CODE.                                                                           

      (D)  THE Ohio SchoolNet office COMMISSION shall do all of    239          

the following:                                                     240          

      (1)  Make grants to institutions and other organizations as  242          

prescribed by the general assembly for the provision of technical  243          

assistance, professional development, and other support services   244          

to enable school districts and other educational institutions to   245          

utilize educational technology;                                                 

      (2)  Contract with the department of education, state        247          

institutions of higher education, private nonprofit institutions   248          

of higher education holding certificates of authorization under    249          

section 1713.02 of the Revised Code, and such other public or      250          

private entities, and employ such persons as the EXECUTIVE         251          

director of the office deems necessary for the administration and  252          

implementation of the programs under the office's COMMISSION'S     254          

jurisdiction;                                                                   

                                                          7      


                                                                 
      (3)  Establish a reporting system to which school districts  256          

and other educational institutions receiving financial assistance  257          

pursuant to this section for the acquisition of educational        258          

technology report information as to the manner in which such       259          

assistance was expended, the manner in which the equipment or      260          

services purchased with the assistance is being utilized, the                   

results or outcome of this utilization, and other information as   261          

may be required by the office COMMISSION;                          262          

      (4)  Establish necessary guidelines governing purchasing     264          

and procurement by participants in programs administered by the    265          

office COMMISSION that facilitate the timely and effective         267          

implementation of such programs;.                                               

      (5)  Implement (E)(1)  THE EXECUTIVE DIRECTOR SHALL          269          

IMPLEMENT policies and directives issued by the Ohio SchoolNet     271          

commission established under division (A) of this section.         273          

      (2)  The Ohio SchoolNet office COMMISSION may establish a    276          

systems support network to facilitate the timely implementation    277          

of the programs, projects, or activities for which it provides     278          

assistance.                                                                     

      (3)  Chapters 123., 124., 125., and 153., and sections       280          

9.331, 9.332, and 9.333 of the Revised Code do not apply to        281          

contracts, programs, projects, or activities of the Ohio           283          

SchoolNet commission or Ohio SchoolNet office.                     284          

      For purposes of exercising collective bargaining rights      286          

under Chapter 4117. of the Revised Code, the employees of the      288          

Ohio SchoolNet office shall be placed in a bargaining unit         291          

separate from any other unit containing employees of the state.    292          

      Sec. 3301.801.  The office of information, learning, and     301          

technology services OHIO SCHOOLNET COMMISSION shall create and     303          

maintain a clearinghouse for classroom teachers to easily obtain   304          

lesson plans and materials and other practical resources for use   305          

in classroom teaching.  The office COMMISSION shall develop a      306          

method of obtaining submissions, from classroom teachers and       308          

others, of such plans, materials, and other resources that have    309          

                                                          8      


                                                                 
been used in the classroom and that can be readily used and        310          

implemented by classroom teachers in their regular teaching        311          

activities.  The office COMMISSION also shall develop methods of   312          

informing classroom teachers of both the availability of such      314          

plans, materials, and other resources, and of the opportunity to   315          

submit such plans, materials, and other resources and other        316          

classroom teaching ideas to the clearinghouse.                     317          

      The office COMMISSION shall periodically report to the       319          

speaker and minority leader of the house of representatives, the   321          

president and minority leader of the senate, and the chairpersons  322          

and ranking minority members of the education committees of the    323          

senate and the house of representatives regarding the                           

clearinghouse and make recommendations for changes in state law    324          

or administrative rules that may facilitate the usefulness of the  325          

clearinghouse.                                                                  

      Sec. 3313.21.  Notwithstanding division (D) of section       334          

3311.19 and division (D) of section 3311.52 of the Revised Code,   335          

this section does not apply to any joint vocational or             336          

cooperative education school district.                                          

      (A)  The board of education of each city, local, and         338          

exempted village school district shall formulate a written policy  339          

detailing procedures for the identification of gifted children as  340          

defined by rule of the state board of education.  Annually, in     341          

accordance with the policy, the school board shall identify those  342          

students enrolled in the district who are gifted children.                      

      (B)  The board of each such district shall annually report,  344          

at such time and in such manner as the state board may prescribe,  345          

the number of students identified as gifted and the number of      346          

students receiving services in units approved in accordance        347          

FINANCED with PAYMENTS RECEIVED UNDER division (F) of section      348          

3317.05 3317.022 of the Revised Code.                                           

      Sec. 3314.02.  (A)  As used in this chapter:                 357          

      (1)  "Sponsor" means a city, local, exempted village, or     359          

joint vocational board of education or the state board of          361          

                                                          9      


                                                                 
education with which the governing authority of the proposed       363          

community school enters into a contract pursuant to this section.               

      (2)  "Pilot project CHALLENGED SCHOOL district" means a ANY  366          

OF THE FOLLOWING:                                                               

      (a)  A school district included in the territory of          369          

AUTHORIZED TO ESTABLISH a community school pilot project           370          

established by Section 50.52 of Am. Sub. H.B. No. 215 of the       372          

122nd general assembly;                                                         

      (b)  A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC        374          

EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE;               375          

      (c)  A BIG EIGHT SCHOOL DISTRICT.                            377          

      (3)  "Big eight school district" means a school district     380          

that for fiscal year 1997 had both of the following:               381          

      (a)  A percentage of children residing in the district and   384          

participating in the predecessor of Ohio works first greater than  385          

thirty per cent, as reported pursuant to section 3317.10 of the    386          

Revised Code;                                                      388          

      (b)  An average daily membership greater than twelve         391          

thousand, as reported pursuant to former division (A) of section   392          

3317.03 of the Revised Code.                                       393          

      (4)  "New start-up school" means a community school other    395          

than one created by converting all or part of an existing public   396          

school, as designated in the school's contract pursuant to         397          

division (A)(17) of section 3314.03 of the Revised Code.           398          

      (B)  Any person or group of individuals may initially        401          

propose under this division the conversion of all or a portion of  402          

a public school to a community school.  The proposal shall be      403          

made to the board of education of a city, local, or exempted       405          

village school district, other than a pilot project district, in   406          

which the public school is proposed to be converted.  Upon         407          

receipt of a proposal, a board may enter into a preliminary        408          

agreement with the person or group proposing the conversion of     409          

the public school, indicating the intention of the board of        410          

education to support the conversion to a community school.  A      411          

                                                          10     


                                                                 
proposing person or group that has a preliminary agreement under   413          

this division may proceed to finalize plans for the school,                     

establish a governing authority for the school, and negotiate a    414          

contract with the board of education.  Provided the proposing      415          

person or group adheres to the preliminary agreement and all       416          

provisions of this chapter, the board of education shall           417          

negotiate in good faith to enter into a contract in accordance                  

with section 3314.03 of the Revised Code and division (C) of this  418          

section.                                                                        

      (C)(1)  Any person or group of individuals may propose       421          

under this division the establishment of a new start-up school to  422          

be located in a big eight CHALLENGED school district other than a  423          

pilot project district.  Such THE proposal may be made to any of   425          

the following public entities:                                     426          

      (a)  The board of education of the big eight school          429          

district in which the school is proposed to be located;            430          

      (b)  The board of education of any joint vocational school   433          

district with territory in the county in which IS LOCATED the      434          

majority of the territory of that big eight THE district IN WHICH  435          

THE SCHOOL is PROPOSED TO BE located;                              436          

      (c)  The board of education of any other city, local, or     439          

exempted village school district having territory in the same      440          

county in which that big eight WHERE THE district IN WHICH THE     441          

SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its      442          

territory;                                                                      

      (d)  The state board of education.                           444          

      Such big eight district board, joint vocational board,       446          

other school district board, or state board may enter into a       448          

preliminary agreement pursuant to division (C)(2) of this section  449          

with the proposing person or group.                                450          

      (2)  A preliminary agreement indicates the intention of a    453          

public entity described in division (C)(1) of this section to      455          

sponsor the community school.  A proposing person or group that    456          

has such a preliminary agreement may proceed to finalize plans     457          

                                                          11     


                                                                 
for the school, establish a governing authority for the school,    458          

and negotiate a contract with the public entity.  Provided the                  

proposing person or group adheres to the preliminary agreement     460          

and all provisions of this chapter, the public entity shall        461          

negotiate in good faith to enter into a contract in accordance     462          

with section 3314.03 of the Revised Code.                          463          

      (3)  A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL   465          

DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY   466          

UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN          467          

EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF      468          

ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN                  

THE SCHOOL AND A SPONSOR.                                          469          

      (D)  A majority vote of a sponsoring school district board   471          

and a majority vote of the members of the governing authority of   472          

a community school shall be required to adopt a contract and       473          

convert the public school to a community school or establish the   474          

new start-up school.  An unlimited number of community schools     476          

may be established in any school district provided that a          478          

contract is entered into for each community school pursuant to                  

this chapter.                                                      479          

      Sec. 3314.03.  (A)  Each contract entered into under         488          

section 3314.02 of the Revised Code between a sponsor and the      489          

governing authority of a community school shall specify the        490          

following:                                                                      

      (1)  That the school shall be established as a nonprofit     492          

corporation established under Chapter 1702. of the Revised Code;   493          

      (2)  The education program of the school, including the      495          

school's mission, the characteristics of the students the school   496          

is expected to attract, the ages and grades of students, and the   497          

focus of the curriculum;                                           498          

      (3)  The academic goals to be achieved and the method of     500          

measurement that will be used to determine progress toward those   501          

goals, which shall include the statewide proficiency tests;        502          

      (4)  Performance standards by which the success of the       504          

                                                          12     


                                                                 
school will be evaluated by the sponsor;                           505          

      (5)  The admission standards of section 3314.06 of the       507          

Revised Code;                                                      508          

      (6)  Dismissal procedures;                                   510          

      (7)  The ways by which the school will achieve racial and    512          

ethnic balance reflective of the community it serves;              513          

      (8)  Requirements and procedures for financial audits by     516          

the auditor of state.  The contract shall require financial                     

records of the school to be maintained in the same manner as are   519          

financial records of school districts, pursuant to rules of the    520          

auditor of state and the audits shall be conducted in accordance   521          

with section 117.10 of the Revised Code.                                        

      (9)  The facility to be used and its location;               523          

      (10)  Qualifications of teachers, including a requirement    525          

that the school's classroom teachers be licensed in accordance     526          

with sections 3319.22 to 3319.31 of the Revised Code, except that  527          

a community school may engage noncertificated persons to teach up  528          

to twelve hours per week pursuant to section 3319.301 of the       529          

Revised Code;                                                                   

      (11)  That the school will comply with the following         531          

requirements:                                                      532          

      (a)  The school will provide learning opportunities to a     534          

minimum of twenty-five students for a minimum of nine hundred      536          

twenty hours per school year;                                                   

      (b)  The governing authority will purchase liability         539          

insurance, or otherwise provide for the potential liability of     540          

the school;                                                                     

      (c)  The school will be nonsectarian in its programs,        543          

admission policies, employment practices, and all other            544          

operations, and will not be operated by a sectarian school or      545          

religious institution;                                                          

      (d)  The school will comply with sections 9.90, 9.91,        547          

109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710,    549          

3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,        550          

                                                          13     


                                                                 
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80,  551          

3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and         552          

4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and  553          

4167. of the Revised Code as if it were a school district;         554          

      (e)  The school shall comply with Chapter 102. of the        556          

Revised Code except that nothing in that chapter shall prohibit a  557          

member of the school's governing board from also being an          558          

employee of the school and nothing in that chapter or section      559          

2921.42 of the Revised Code shall prohibit a member of the         560          

school's governing board from having an interest in a contract     561          

into which the governing board enters;                             562          

      (f)  The school will comply with sections 3313.61 and        564          

3313.611 of the Revised Code, except that the requirement in       566          

those sections that a person must successfully complete the        567          

curriculum in any high school prior to receiving a high school     568          

diploma may be met by completing the curriculum adopted by the                  

governing authority of the community school rather than the        570          

curriculum specified in Title XXXIII of the Revised Code or any    571          

rules of the state board of education;                                          

      (g)  The school governing authority will submit an annual    573          

report of its activities and progress in meeting the goals and     574          

standards of divisions (A)(3) and (4) of this section and its      575          

financial status to the sponsor, the parents of all students       576          

enrolled in the school, and the legislative office of education    577          

oversight.                                                                      

      (12)  Arrangements for providing health and other benefits   579          

to employees;                                                      580          

      (13)  The length of the contract, which shall begin at the   582          

beginning of an academic year and shall not exceed five years;     583          

      (14)  The governing authority of the school, which shall be  585          

responsible for carrying out the provisions of the contract;       586          

      (15)  A financial plan detailing an estimated school budget  588          

for each year of the period of the contract and specifying the     589          

total estimated per pupil expenditure amount for each such year.   590          

                                                          14     


                                                                 
The plan shall specify for each year the base formula amount that  592          

will be used for purposes of funding calculations under section                 

3314.08 of the Revised Code.  This base formula amount for any     593          

year shall not exceed the formula amount defined under section     594          

3317.02 of the Revised Code.  The plan may also specify for any    596          

year a percentage figure to be used for reducing the per pupil                  

amount of disadvantaged pupil impact aid calculated pursuant to    597          

section 3317.029 of the Revised Code the school is to receive      599          

that year under section 3314.08 of the Revised Code.                            

      (16)  Requirements and procedures regarding the disposition  601          

of employees of the school in the event the contract is            602          

terminated or not renewed pursuant to section 3314.07 of the       603          

Revised Code;                                                                   

      (17)  Whether the school is to be created by converting all  606          

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   607          

any duties or responsibilities of an employer that the board of    608          

education that operated the school before conversion is            609          

delegating to the governing board of the community school with     610          

respect to all or any specified group of employees provided the                 

delegation is not prohibited by a collective bargaining agreement  611          

applicable to such employees;                                      612          

      (18)  Provisions establishing procedures for resolving       614          

disputes or differences of opinion between the sponsor and the     615          

governing authority of the community school;                       616          

      (19)  A PROVISION REQUIRING THE GOVERNING AUTHORITY TO       618          

ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE      620          

OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED.  THAT POLICY  621          

SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION   622          

3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE     623          

AUTHORITY, SHALL DO ONE OF THE FOLLOWING:                                       

      (a)  PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE  625          

THE DISTRICT IN WHICH THE SCHOOL IS LOCATED;                       626          

      (b)  PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN         628          

                                                          15     


                                                                 
DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS          629          

LOCATED;                                                                        

      (c)  PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY     631          

OTHER DISTRICT IN THE STATE.                                       632          

      (B)  The community school shall also submit to the sponsor   634          

a comprehensive plan for the school.  The plan shall specify the   636          

following:                                                                      

      (1)  The process by which the governing authority of the     638          

school will be selected in the future;                             639          

      (2)  The management and administration of the school;        641          

      (3)  If the community school is a currently existing public  644          

school, alternative arrangements for current public school         645          

students who choose not to attend the school and teachers who      646          

choose not to teach in the school after conversion;                647          

      (4)  The instructional program and educational philosophy    649          

of the school;                                                     650          

      (5)  Internal financial controls.                            652          

      (C)  A contract entered into under section 3314.02 of the    654          

Revised Code between a sponsor and the governing authority of a    656          

community school may provide for the community school governing                 

authority to make payments to the sponsor, which is hereby         657          

authorized to receive such payments as set forth in the contract   658          

between the governing authority and the sponsor.                   659          

      Sec. 3314.06.  The governing authority of each community     668          

school established under this chapter shall adopt admission        669          

procedures that specify the following:                             670          

      (A)  That except as otherwise provided in this section,      672          

admission to the school shall be open only to any individual age   673          

five to twenty-two entitled to attend school pursuant to section   675          

3313.64 or 3313.65 of the Revised Code in the A school district    676          

in which the school is located or who was enrolled in the          677          

converted school during the school year preceding the year of its  678          

conversion to a community school THE STATE.                        679          

      (B)  That admission to the school may be limited to          681          

                                                          16     


                                                                 
students who have attained a specific grade level or are within a  683          

specific age group; to students that meet a definition of                       

"at-risk," as defined in the contract; or to residents of a        684          

specific geographic area WITHIN THE DISTRICT, as defined in the    686          

contract, that is within the school district in which the school   687          

is located.                                                                     

      (C)  WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE    689          

IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO       690          

RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED    691          

PURSUANT TO THE CONTRACT.                                                       

      (D)  That there will be no discrimination in the admission   693          

of students to the school on the basis of race, creed, color,      694          

handicapping condition, or sex; and that, upon admission of any    696          

handicapped student, the community school will comply with all     697          

federal and state laws regarding the education of handicapped      698          

students.                                                                       

      (D)(E)  That the school may not limit admission to students  700          

on the basis of intellectual ability, measures of achievement or   702          

aptitude, or athletic ability.                                     703          

      (E)(F)  That the community school will admit the number of   705          

students that does not exceed the capacity of the school's         708          

programs, classes, grade levels, or facilities.                    709          

      (F)(G)  That, except as otherwise provided under division    711          

(B) of this section, if the number of applicants exceeds the       712          

capacity restrictions of division (E)(F) of this section,          713          

students shall be admitted by lot from all those submitting        714          

applications, except preference shall be given to students         715          

attending the school the previous year and TO STUDENTS WHO RESIDE  716          

IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED.  PREFERENCE may    717          

be given to siblings of such students ATTENDING THE SCHOOL THE     718          

PREVIOUS YEAR.                                                                  

      Notwithstanding divisions (A) through (F)(G) of this         720          

section, in the event the racial composition of the enrollment of  721          

the community school is violative of a federal desegregation       722          

                                                          17     


                                                                 
order, the community school shall take any and all corrective      723          

measures to comply with the desegregation order.                   724          

      Sec. 3314.08.  (A)  As used in this section:                 733          

      (1)  "Base formula amount" means the amount specified as     736          

such in a community school's financial plan for a school year      737          

pursuant to division (A)(15) of section 3314.03 of the Revised     738          

Code.                                                                           

      (2)  "Cost-of-doing-business factor" has the same meaning    740          

as in section 3317.02 of the Revised Code.                         741          

      (3)  "IEP" means an individualized education program         744          

defined by division (E) of IN section 3323.01 of the Revised       745          

Code.                                                                           

      (4)  "Average county cost" means the cost, averaged among    748          

school districts within a county, of providing special education   749          

and related services to similarly handicapped children, as         751          

calculated in a manner acceptable to the superintendent of public  753          

instruction.                                                                    

      (5)  "DPIA reduction factor" means the percentage figure,    756          

if any, specified for reducing the per pupil amount of             757          

disadvantaged pupil impact aid a community school is entitled to   758          

receive pursuant to division (D)(3) of this section in any year,   759          

as specified in the school's financial plan for the year pursuant  760          

to division (A)(15) of section 3314.03 of the Revised Code.        761          

      (B)  The state board of education shall adopt rules          763          

requiring both of the following:                                   764          

      (1)  The board of education of each city, exempted village,  766          

and local school district to annually report the number of         767          

students entitled to attend school in the district pursuant to     768          

section 3313.64 or 3313.65 of the Revised Code who are enrolled    769          

in grades one through twelve and one-half of the kindergarten      770          

students enrolled in a community school established under this     771          

chapter and for each child the community school in which the       772          

child is enrolled.  In addition, for each such child receiving     773          

special education and related services enrolled in grades                       

                                                          18     


                                                                 
kindergarten through twelve or in a preschool handicapped unit in  774          

a community school pursuant to an IEP, the board shall report the  776          

average county cost for such child.  If the district receives      778          

disadvantaged pupil impact aid pursuant to division (B) or         779          

divisions (C) and (E) of section 3317.029 of the Revised Code, it  780          

also shall report the amount received for each such child.         781          

      (2)  The governing authority of each community school        783          

established under this chapter to annually report the number of    784          

students enrolled in grades one through twelve and one-half the    785          

number of kindergarten students in the school who are not          787          

receiving special education and related services pursuant to an    788          

IEP; the number of enrolled students in grades one through twelve  790          

and one-half the number of kindergarten students who are           791          

receiving special education and related services pursuant to an    793          

IEP; the number of enrolled preschool handicapped students         794          

receiving special education services in a state-funded unit; the   795          

community school's base formula amount; and FOR EACH STUDENT the   796          

city, exempted village, or local school district in which the      797          

school STUDENT is located ENTITLED TO ATTEND UNDER SECTION         799          

3313.64 OR 3313.65 OF THE REVISED CODE.  Each governing authority  800          

shall also report any DPIA reduction factor that applies to a      802          

school year.                                                                    

      (C)  From the payments made to a city, exempted village, or  804          

local school district under Chapter 3317. of the Revised Code      805          

and, if necessary, sections 321.14 and 323.156 of the Revised      806          

Code, the department of education shall annually subtract all of   807          

the following:                                                                  

      (1)  An amount equal to the sum of the amounts obtained      809          

when, for each community school where the district's students are  810          

enrolled, the number of the district's students reported under     811          

division (B)(2) of this section who are enrolled in grades one     812          

through twelve and one-half the number of kindergarten students    813          

in that community school and are not receiving special education   814          

and related services pursuant to an IEP is multiplied by the base  816          

                                                          19     


                                                                 
formula amount of that community school as adjusted by the school  817          

district's cost-of-doing-business factor.                                       

      (2)  The sum of the average county costs for all district    819          

students reported under division (B)(2) of this section who are    821          

to be receiving special education and related services pursuant    822          

to an IEP in their respective community schools, less the sum of   824          

the prorated share for each such student of any amounts received   825          

from state preschool handicapped unit funding or from federal      826          

funds to provide special education and related services to         827          

students in the respective community schools.  This prorated                    

share of state or federal funds received for each such student     828          

shall be determined on the basis of all such funds received by a   829          

community school for students receiving similar services, as       830          

calculated in a manner acceptable to the superintendent of public  831          

instruction.                                                                    

      (3)  An amount equal to the sum of the amounts obtained      833          

when, for each community school where the district's students are  834          

enrolled, the number of the district's students enrolled in that   835          

community school and residing in the district in a family          836          

participating in Ohio works first under Chapter 5107. of the       837          

Revised Code is multiplied by the per pupil amount of                           

disadvantaged pupil impact aid the school district receives that   838          

year pursuant to division (B) or divisions (C) and (E) of section  839          

3317.029 of the Revised Code, as adjusted by any DPIA reduction    840          

factor of that community school.                                   841          

      (D)  The department shall annually pay to a community        843          

school established under this chapter all of the following:        844          

      (1)  An amount equal to the sum of the amounts obtained      846          

when the number of students enrolled in grades one through twelve  847          

plus one-half of the kindergarten students in the school as        848          

reported under division (B)(2) of this section who are not         850          

receiving special education and related services pursuant to an    851          

IEP is multiplied by the community school's base formula amount,   852          

as adjusted by the cost-of-doing-business factor of the school                  

                                                          20     


                                                                 
district in which the school STUDENT is located ENTITLED TO        854          

ATTEND UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE;       855          

      (2)  For each student enrolled in the school receiving       857          

special education and related services pursuant to an IEP, an      859          

amount equal to the average county cost for such student, less a   860          

prorated share for the student of any amount received from state   861          

preschool handicapped unit funding or federal funds to provide     863          

special education and related services to students in the                       

community school.  This prorated share shall be determined as      864          

described under division (C)(2) of this section.                   865          

      (3)  An amount equal to the SUM OF THE AMOUNTS OBTAINED      867          

WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S        868          

STUDENTS ARE ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR    869          

3313.65 OF THE REVISED CODE, THE number of THAT DISTRICT'S         870          

students enrolled in the community school and residing in the      871          

school district in a family participating in Ohio works first IS   873          

multiplied by the per pupil amount of disadvantaged pupil impact   874          

aid that school district receives that year pursuant to division   876          

(B) or divisions (C) and (E) of section 3317.029 of the Revised    877          

Code, as adjusted by any DPIA reduction factor of the community    878          

school.                                                                         

      (E)  A community school may apply to the department of       880          

education for ANY GIFTED OR preschool handicapped or gifted unit   881          

funding the school would receive if it were a school district.     882          

Upon request of its governing authority, a community school that   883          

received unit funding as a school district-operated school before  884          

it became a community school shall retain any units awarded to it  885          

as a school district-operated school provided the school           886          

continues to meet eligibility standards for the unit.              887          

      A community school shall be considered a school district     889          

and its governing authority shall be considered a board of         890          

education for the purpose of applying to any state or federal      891          

agency for grants that a school district may receive under         892          

federal or state law or any appropriations act of the general      893          

                                                          21     


                                                                 
assembly.  The governing authority of a community school may       894          

apply to any private entity for additional funds.                  895          

      (F)  A board of education sponsoring a community school may  897          

utilize local funds to make enhancement grants to the school or    898          

may agree, either as part of the contract or separately, to        899          

provide any specific services to the community school at no cost   900          

to the school.                                                                  

      (G)  A community school may not levy taxes or issue bonds    902          

secured by tax revenues.                                           903          

      (H)  No community school shall charge tuition for the        905          

enrollment of any student.                                         906          

      (I)  A community school may borrow money to pay any          908          

necessary and actual expenses of the school in anticipation of     910          

the receipt of any portion of the payments to be received by the   911          

school pursuant to division (D) of this section.  The school may   912          

issue notes to evidence such borrowing to mature no later than     913          

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      914          

which the anticipated receipts may be lawfully expended by the     915          

school.                                                                         

      (J)  For purposes of determining the number of students for  918          

which division (D)(3) of this section applies in any school year,  919          

a community school may submit to the state department of human     920          

services, no later than the first day of March, a list of the      921          

students enrolled in the school.  For each student on the list,    922          

the community school shall indicate the student's name, address,   923          

and date of birth and the school district where the student is     924          

entitled to attend school under section 3313.64 or 3313.65 of the               

Revised Code.  Upon receipt of a list under this division, the     925          

department of human services shall determine, for each school      927          

district where one or more students on the list is entitled to     928          

attend school under section 3313.64 or 3313.65 of the Revised                   

Code, the number of students residing in that school district who  930          

were included in the department's report under section 3317.10 of  932          

                                                          22     


                                                                 
the Revised Code.  The department shall make this determination    933          

on the basis of information readily available to it.  Upon making  934          

this determination and no later than ninety days after submission  935          

of the list by the community school, the department shall report   936          

to the state department of education the number of students on     937          

the list who reside in each school district who were included in   938          

the department's report under section 3317.10 of the Revised       939          

Code.  In complying with this division, the department of human    940          

services shall not report to the state department of education     941          

any personally identifiable information on any student.                         

      (K)  The department of education shall adjust the amounts    943          

subtracted and paid under divisions (C) and (D) of this section    945          

to reflect any enrollment of students in community schools for                  

less than the equivalent of a full school year.                    946          

      Sec. 3314.09.  The AS USED IN THIS SECTION, "NATIVE          955          

STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL   956          

DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.     957          

      THE board of education of the EACH city, local, or AND       960          

exempted village school district in which a community school is    961          

located shall provide transportation to AND FROM SCHOOL FOR ITS    962          

DISTRICT'S NATIVE students enrolled in the A community school,     963          

except that the board shall be required to pick up and drop off a  964          

nonhandicapped student only at a regular school bus stop           965          

designated in accordance with the board's transportation policy    966          

LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS                  

THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED   968          

IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION    969          

AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM        970          

SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY     971          

THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY    972          

OR UNREASONABLE.  A BOARD SHALL NOT BE REQUIRED TO TRANSPORT       973          

NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN  974          

ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE   975          

THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL    976          

                                                          23     


                                                                 
BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S         977          

COORDINATOR OF SCHOOL TRANSPORTATION.                                           

      WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A   980          

COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF                  

PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER     981          

PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE    982          

PARENT, GUARDIAN, OR OTHER PERSON.  THE AMOUNT PAID PER PUPIL      983          

SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER       984          

PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF       985          

CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT  986          

PRECEDING YEAR.                                                    987          

      Sec. 3314.11.  The department of education shall establish   996          

a THE state community school commission OFFICE OF SCHOOL OPTIONS   998          

TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM,  999          

ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND     1,000        

THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO     1,001        

SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE.  The                         

commission OFFICE shall provide SERVICES THAT FACILITATE THE       1,002        

MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT  1,003        

SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and  1,004        

information to persons or groups considering proposing a           1,005        

community school, to governing authorities of community schools,   1,006        

and to school district boards sponsoring or considering            1,007        

sponsoring a community school.                                                  

      Sec. 3316.05.  (A)  Pursuant to the powers of the general    1,016        

assembly and for the purposes of this chapter, upon the            1,017        

declaration of a fiscal emergency in any school district pursuant  1,019        

to division (B) of section 3316.03 of the Revised Code, there is   1,020        

established, with respect to that school district, a body both                  

corporate and politic constituting an agency and instrumentality   1,021        

of the state and performing essential governmental functions of    1,022        

the state to be known as the "financial planning and supervision   1,023        

commission for ........ (name of school district)," which, in      1,024        

that name, may exercise all authority vested in such a commission  1,025        

                                                          24     


                                                                 
by this chapter.  A separate commission is established with        1,026        

respect to each school district as to which there is a fiscal      1,027        

emergency as determined under this chapter.                        1,028        

      (B)  A commission APPOINTED AFTER JULY 1, 1999, shall        1,030        

consist of seven FIVE voting members, including women and at       1,032        

least one Hispanic or African American if Hispanic and African     1,033        

Americans together constitute at least twenty per cent of the      1,034        

student population of the district, as follows:                                 

      (1)  Four TWO ex officio members:  the director of budget    1,037        

and management, OR A DESIGNEE OF THE DIRECTOR, AND the             1,038        

superintendent of public instruction, OR A DESIGNEE OF the         1,039        

superintendent of the school district, and the mayor of the        1,040        

municipal corporation with the largest number of residents living  1,041        

within the school district, except that if more than fifty per     1,042        

cent of the residents of the district reside outside the           1,043        

municipal corporation containing the greatest number of district   1,044        

residents or if there is no municipal corporation located in the   1,045        

school district, the county auditor of the county with the                      

largest number of residents living within the school district      1,046        

shall be a member of the commission in lieu of a mayor.            1,047        

      The director of budget and management may designate an       1,049        

individual within the office of budget and management; the mayor   1,051        

may designate a responsible official within his office or the      1,052        

fiscal officer of the municipal corporation; the superintendent    1,053        

of public instruction may designate an employee within the         1,054        

department of education; and the superintendent of the school                   

district may designate an employee of the school district to       1,055        

attend the meetings of the commission when the ex officio member   1,057        

making the designation is absent or unable for any reason to       1,058        

attend.  A designee, when present, shall be counted in             1,060        

determining whether a quorum is present at any meeting of the      1,061        

commission and may vote and participate in all proceedings and     1,062        

actions of the commission.  The designations shall be in writing,  1,063        

executed by the member making the designation, and filed with the  1,064        

                                                          25     


                                                                 
secretary of the commission.  The designations may be changed      1,065        

from time to time in like manner, but due regard shall be given    1,066        

to the need for continuity.                                                     

      (2)  Three appointed members, who shall be appointed within  1,068        

fifteen days after the declaration of the fiscal emergency, one    1,070        

by the governor, one by the superintendent of public instruction,  1,071        

and one by the mayor or county auditor who is a member of the      1,072        

commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER    1,073        

OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF     1,074        

MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE   1,075        

OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER   1,076        

OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION      1,077        

LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY                

WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL      1,078        

DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR.  All of    1,079        

the appointed members shall serve at the pleasure of the           1,080        

appointing authority during the life of the commission.  In the    1,081        

event of the death, resignation, incapacity, removal, or           1,082        

ineligibility to serve of an appointed member, the appointing      1,083        

authority shall appoint a successor within fifteen days after the  1,084        

vacancy occurs.                                                                 

      (a)  The member appointed by the governor and the member     1,086        

appointed by the mayor or county auditor shall be an individual:   1,087        

      (i)  Who has knowledge and experience in financial matters,  1,089        

financial management, or business organization or operations,      1,090        

including at least five years of experience in the public or       1,091        

private sector in the management of business or financial          1,092        

enterprise, or in management consulting, public accounting, or     1,093        

other similar professional activity;                               1,094        

      (ii)  Whose residency, office, or principal place of         1,096        

professional or business activity is situated within the school    1,098        

district.                                                                       

      (b)  The member appointed by the superintendent of public    1,100        

instruction shall be a parent of a child currently enrolled in a   1,101        

                                                          26     


                                                                 
public school within the district.                                 1,102        

      (C)  Immediately after appointment of the initial appointed  1,104        

members of the commission, the superintendent of public            1,105        

instruction shall call the first meeting of the commission and     1,106        

shall cause written notice of the time, date, and place of the     1,107        

first meeting to be given to each member of the commission at      1,108        

least forty-eight hours in advance of the meeting.                 1,109        

      (D)  The superintendent of public instruction shall serve    1,111        

as the commission's chairperson and the commission shall elect     1,112        

one of its members as vice-chairperson and may appoint a           1,113        

secretary and any other officers, who need not be members of the   1,114        

commission, AS it considers necessary.                             1,115        

      (E)  The commission may adopt and alter bylaws and rules,    1,117        

which shall not be subject to section 111.15 or Chapter 119. of    1,118        

the Revised Code, for the conduct of its affairs and for the       1,119        

manner, subject to this chapter, in which its powers and           1,120        

functions shall be exercised and embodied.                                      

      (F)  Four THREE members of the commission constitute a       1,122        

quorum of the commission.  The affirmative vote of four THREE      1,123        

members of the commission is necessary for any action taken by     1,125        

vote of the commission.  No vacancy in the membership of the       1,126        

commission shall impair the rights of a quorum by such vote to     1,127        

exercise all the rights and perform all the duties of the          1,128        

commission.  Members of the commission, and their designees, are   1,129        

not disqualified from voting by reason of the functions of the     1,130        

other office they hold and are not disqualified from exercising    1,131        

the functions of the other office with respect to the school       1,132        

district, its officers, or the commission.                         1,133        

      (G)  THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL         1,135        

SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE         1,136        

COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR      1,137        

THAT SERVICE.  At the request of the commission the auditor of     1,138        

state shall designate employees of the auditor of state's office   1,139        

to assist the commission and to coordinate the work of the         1,140        

                                                          27     


                                                                 
auditor of state's office.  Upon the declaration of a fiscal       1,141        

emergency in any school district, the school district shall        1,143        

provide the commission with such reasonable office space in the    1,144        

principal building housing the administrative offices of the       1,145        

school district, where feasible, as the commission determines is                

necessary to carry out its duties under this chapter.              1,146        

      The attorney general shall serve as the legal counsel for    1,148        

the commission.                                                                 

      (H)  The members of the commission, the superintendent of    1,151        

public instruction, the auditor of state, and any person           1,152        

authorized to act on behalf of or assist them shall not be                      

personally liable or subject to any suit, judgment, or claim for   1,153        

damages resulting from the exercise of or failure to exercise the  1,154        

powers, duties, and functions granted to them in regard to their   1,155        

functioning under this chapter, but the commission, the            1,156        

superintendent of public instruction, the auditor of state, and    1,157        

such other persons shall be subject to mandamus proceedings to     1,158        

compel performance of their duties under this chapter.             1,159        

      (I)  At the request of the commission the administrative     1,161        

head of any state agency shall temporarily assign personnel        1,162        

skilled in accounting and budgeting procedures to assist the       1,163        

commission in its duties.                                          1,164        

      (J)  The appointed members of the commission are not         1,166        

subject to section 102.02 of the Revised Code, each appointed      1,167        

member of the commission shall file with the commission a signed   1,168        

written statement setting forth the general nature of sales of     1,169        

goods, property, or services or of loans to the school district    1,170        

with respect to which that commission is established, in which     1,171        

the appointed member has a pecuniary interest or in which any      1,172        

member of the appointed member's immediate family, as defined in   1,173        

section 102.01 of the Revised Code, or any corporation,            1,174        

partnership, or enterprise of which the appointed member is an                  

officer, director, or partner, or of which the appointed member    1,175        

or a member of the appointed member's immediate family, as so      1,176        

                                                          28     


                                                                 
defined, owns more than a five per cent interest, has a pecuniary  1,178        

interest, and of which sale, loan, or interest such member has     1,179        

knowledge.  The statement shall be supplemented from time to time  1,180        

to reflect changes in the general nature of any such sales or      1,181        

loans.                                                                          

      (K)  Meetings of the commission shall be subject to section  1,183        

121.22 of the Revised Code except that division (C) of such        1,184        

section requiring members to be physically present to be part of   1,185        

a quorum or vote does not apply if the commission holds a meeting  1,186        

by teleconference and if provisions are made for public            1,187        

attendance at any location involved in such teleconference.                     

      Sec. 3316.06.  (A)  Within sixty ONE HUNDRED TWENTY days     1,200        

after the first meeting of a school district financial planning    1,202        

and supervision commission, the commission shall adopt a           1,203        

financial recovery plan regarding the school district for which    1,204        

the commission was created.  During the formulation of the plan,   1,205        

the commission shall seek appropriate input from the school                     

district board and from the community.  This plan shall contain    1,206        

the following:                                                                  

      (1)  Actions to be taken to:                                 1,208        

      (a)  Eliminate all fiscal emergency conditions declared to   1,211        

exist pursuant to division (B) of section 3316.03 of the Revised                

Code;                                                                           

      (b)  Satisfy any judgments, past-due accounts payable, and   1,213        

all past-due and payable payroll and fringe benefits;              1,214        

      (c)  Eliminate the deficits in all deficit funds;            1,216        

      (d)  Restore to special funds any moneys from such funds     1,218        

that were used for purposes not within the purposes of such        1,220        

funds, or borrowed from such funds by the purchase of debt         1,221        

obligations of the school district with the moneys of such funds,  1,222        

or missing from the special funds and not accounted for, if any;   1,223        

      (e)  Balance the budget, avoid future deficits in any        1,225        

funds, and maintain on a current basis payments of payroll,        1,226        

fringe benefits, and all accounts;                                 1,227        

                                                          29     


                                                                 
      (f)  Avoid any fiscal emergency condition in the future;     1,229        

      (g)  Restore the ability of the school district to market    1,231        

long-term general obligation bonds under provisions of law         1,232        

applicable to school districts generally.                          1,233        

      (2)  The management structure that will enable the school    1,235        

district to take the actions enumerated in division (A)(1) of      1,236        

this section.  The plan shall specify the level of fiscal and      1,237        

management control that the commission will exercise within the    1,238        

school district during the period of fiscal emergency, and shall   1,239        

enumerate respectively, the powers and duties of the commission    1,240        

and the powers and duties of the school board during that period.  1,241        

The commission may elect to assume any of the powers and duties                 

of the school board it considers necessary, including all powers   1,242        

related to personnel, curriculum, and legal issues in order to     1,243        

successfully implement the actions described in division (A)(1)    1,244        

of this section.                                                                

      (3)  The target dates for the commencement, progress upon,   1,247        

and completion of the actions enumerated in division (A)(1) of     1,248        

this section and a reasonable period of time expected to be        1,249        

required to implement the plan.  The commission shall prepare a                 

reasonable time schedule for progress toward and achievement of    1,251        

the requirements for the plan, and the plan shall be consistent    1,252        

with that time schedule.                                                        

      (4)  The amount and purpose of any issue of debt             1,254        

obligations that will be issued, together with assurances that     1,255        

any such debt obligations that will be issued will not exceed      1,256        

debt limits supported by appropriate certifications by the fiscal  1,257        

officer of the school district and the county auditor.  Debt       1,258        

obligations issued pursuant to section 133.301 of the Revised      1,259        

Code shall include assurances that such debt shall be in an        1,260        

amount not to exceed the amount certified under division (B) of    1,261        

such section.  If the commission considers it necessary in order   1,264        

to maintain or improve educational opportunities of pupils in the  1,265        

school district, the plan may include a proposal to restructure                 

                                                          30     


                                                                 
or refinance outstanding debt obligations incurred by the board    1,266        

under section 3313.483 of the Revised Code contingent upon the     1,268        

approval, during the period of the fiscal emergency, by district                

voters of a tax levied under section 718.09, 718.10, 5705.194,     1,269        

5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a    1,271        

renewal or replacement levy and that will provide new operating    1,272        

revenue.  Notwithstanding any provision of Chapter 133. or         1,274        

sections 3313.483 through TO 3313.4811 of the Revised Code,                     

following the required approval of the district voters and with    1,276        

the approval of the commission, the school district may issue      1,277        

securities to evidence the restructuring or refinancing.  Those    1,278        

securities may extend the original period for repayment, not to    1,279        

exceed ten years, and may alter the frequency and amount of        1,281        

repayments, interest or other financing charges, and other terms   1,282        

of agreements under which the debt originally was contracted, at   1,283        

the discretion of the commission, provided that any loans          1,284        

received pursuant to section 3313.483 of the Revised Code shall                 

be paid from funds the district would otherwise receive under      1,285        

sections 3317.022 to 3317.025 of the Revised Code, as required     1,286        

under division (E)(3) of section 3313.483 of the Revised Code.     1,287        

The securities issued for the purpose of restructuring or          1,288        

refinancing the debt shall be repaid in equal payments and at                   

equal intervals over the term of the debt and are not eligible to  1,289        

be included in any subsequent proposal for the purpose of          1,290        

restructuring or refinancing debt under this section.              1,291        

      (B)  Any financial recovery plan may be amended subsequent   1,293        

to its adoption.  Each financial recovery plan shall be updated    1,294        

annually.                                                                       

      Sec. 3317.014.  THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL  1,296        

COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST     1,297        

PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE.   1,298        

THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL           1,299        

EDUCATION PROGRAMS ARE AS FOLLOWS:                                 1,300        

      (A)  A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL  1,302        

                                                          31     


                                                                 
EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS          1,303        

APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES   1,304        

ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE.                 1,305        

      (B)  A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL  1,307        

EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE            1,308        

DEVELOPMENT PROGRAMS.                                              1,309        

      Sec. 3317.02.  As used in this chapter:                      1,318        

      (A)  Unless otherwise specified, "school district" means     1,320        

city, local, and exempted village school districts.                1,321        

      (B)  "Formula amount" means the base cost for the fiscal     1,323        

year specified in section 3317.012 of the Revised Code, except     1,325        

that to allow for the orderly phase-in of the increased funding    1,326        

specified in that section, the formula amount for fiscal year      1,327        

1999 shall be $3,851; the formula amount for fiscal year 2000      1,328        

shall be $4,038; and the formula amount for fiscal year 2001       1,329        

shall be $4,226.  Thereafter, the formula amount shall be as       1,330        

specified in that section.                                                      

      (C)  "FTE basis" means a count of students based on          1,333        

full-time equivalency, in accordance with rules adopted by the     1,334        

department of education pursuant to section 3317.03 of the         1,335        

Revised Code.  In adopting its rules under this division, the      1,336        

department shall provide for counting any student in a district's  1,337        

category one, two, or three special education ADM OR IN CATEGORY   1,339        

ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the     1,340        

student is counted in formula ADM.                                 1,341        

      (D)(1)  "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED  1,344        

VILLAGE SCHOOL DISTRICT, the number reported pursuant to division  1,346        

(A) of section 3317.03 of the Revised Code, AND FOR A JOINT                     

VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO        1,347        

DIVISION (D) OF THAT SECTION.                                      1,348        

      (2)  "Three-year average formula ADM" means the average of   1,350        

a school district's formula ADMs for the current and preceding     1,352        

two fiscal years.  However, as applicable in fiscal years 1999     1,353        

and 2000, the three-year average shall be determined utilizing     1,354        

                                                          32     


                                                                 
the FY 1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal   1,356        

year 1997 or 1998.                                                 1,357        

      (E)  "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL         1,360        

district's average daily membership reported for the applicable    1,361        

fiscal year under the version of division (A) of section 3317.03   1,362        

of the Revised Code in effect during that fiscal year, adjusted    1,364        

as follows:                                                                     

      (1)  Minus the average daily membership of handicapped       1,367        

preschool children;                                                             

      (2)  Minus one-half of the average daily membership          1,370        

attending kindergarten;                                                         

      (3)  Minus three-fourths of the average daily membership     1,373        

attending a joint vocational school district;                      1,374        

      (4)  Plus the average daily membership entitled under        1,376        

section 3313.64 or 3313.65 of the Revised Code to attend school    1,378        

in the district but receiving educational services in approved     1,379        

units from an educational service center or another school         1,380        

district under a compact or a cooperative education agreement, as  1,381        

determined by the department;                                                   

      (5)  Minus the average daily membership receiving            1,383        

educational services from the district in approved units but       1,384        

entitled under section 3313.64 or 3313.65 of the Revised Code to   1,385        

attend school in another school district, as determined by the     1,386        

department.                                                                     

      (F)(1)  "Category one special education ADM" means the       1,390        

average daily membership of handicapped children receiving                      

special education services for those handicaps specified in        1,392        

division (A) of section 3317.013 of the Revised Code and reported  1,393        

under division (B)(5) OR (D)(2)(b) of section 3317.03 of the       1,396        

Revised Code.                                                                   

      (2)  "Category two special education ADM" means the average  1,400        

daily membership of handicapped children receiving special         1,401        

education services for those handicaps specified in division (B)   1,402        

of section 3317.013 of the Revised Code and reported under                      

                                                          33     


                                                                 
division (B)(6) OR (D)(2)(c) of section 3317.03 of the Revised     1,404        

Code.                                                              1,405        

      (3)  "Category three special education ADM" means the        1,409        

average daily membership of students receiving special education   1,410        

services for students identified as autistic, having traumatic                  

brain injuries, or as both visually and hearing disabled as these  1,411        

terms are defined pursuant to Chapter 3323. of the Revised Code,   1,412        

and reported under division (B)(7) OR (D)(2)(d) of section         1,413        

3317.03 of the Revised Code.                                       1,414        

      (4)  "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE       1,417        

AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL                       

EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014   1,418        

OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR          1,419        

(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE.                  1,420        

      (5)  "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE       1,422        

AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL          1,423        

EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014   1,424        

OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR          1,425        

(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE.                  1,426        

      (G)  "Handicapped preschool child" means a handicapped       1,429        

child, as defined in section 3323.01 of the Revised Code, who is   1,430        

at least age three but is not of compulsory school age, as         1,431        

defined in section 3321.01 of the Revised Code, and who has not    1,432        

entered kindergarten.                                                           

      (H)  "County MR/DD board" means a county board of mental     1,435        

retardation and developmental disabilities.                        1,436        

      (I)  "Recognized valuation" means the amount calculated for  1,439        

a school district pursuant to section 3317.015 of the Revised      1,440        

Code.                                                                           

      (J)  "Transportation ADM" means the number of children       1,443        

reported under division (B)(9)(10) of section 3317.03 of the       1,444        

Revised Code.                                                                   

      (K)  "Most AVERAGE efficient transportation use cost per     1,446        

transported student" for a SCHOOL district means a statistical     1,448        

                                                          34     


                                                                 
representation of transportation costs as calculated under         1,450        

division (D)(4)(3) of section 3317.022 of the Revised Code.        1,451        

      (L)  "Taxes charged and payable" means the taxes charged     1,453        

and payable against real and public utility property after making  1,454        

the reduction required by section 319.301 of the Revised Code,     1,455        

plus the taxes levied against tangible personal property.          1,456        

      (M)  "Total taxable value" means the sum of the amounts      1,459        

certified for a city, local, exempted village, or joint            1,460        

vocational school district under divisions (A)(1) and (2) of       1,461        

section 3317.021 of the Revised Code.                                           

      (N)(1)  "Cost-of-doing-business factor" means the amount     1,463        

indicated in this division for the county in which the A CITY,     1,464        

LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is    1,465        

located, adjusted in accordance with division (N)(2) of this       1,467        

section.  If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL                      

district is located in more than one county, the factor is the     1,469        

amount indicated for the county to which the district is assigned  1,470        

by the state department of education.  IF A JOINT VOCATIONAL       1,471        

SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS               

THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL  1,472        

SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS   1,473        

LOCATED.                                                           1,474        

                                  COST-OF-DOING-BUSINESS           1,476        

      COUNTY                          FACTOR AMOUNT                1,477        

      Adams                              1.0100                    1,481        

      Allen                              1.0272                    1,482        

      Ashland                            1.0362                    1,483        

      Ashtabula                          1.0540                    1,484        

      Athens                             1.0040                    1,485        

      Auglaize                           1.0300                    1,486        

      Belmont                            1.0101                    1,487        

      Brown                              1.0218                    1,488        

      Butler                             1.0662                    1,489        

      Carroll                            1.0180                    1,490        

                                                          35     


                                                                 
      Champaign                          1.0432                    1,491        

      Clark                              1.0489                    1,492        

      Clermont                           1.0498                    1,493        

      Clinton                            1.0287                    1,494        

      Columbiana                         1.0320                    1,495        

      Coshocton                          1.0224                    1,496        

      Crawford                           1.0174                    1,497        

      Cuyahoga                           1.0725                    1,498        

      Darke                              1.0360                    1,499        

      Defiance                           1.0214                    1,500        

      Delaware                           1.0512                    1,501        

      Erie                               1.0414                    1,502        

      Fairfield                          1.0383                    1,503        

      Fayette                            1.0281                    1,504        

      Franklin                           1.0548                    1,505        

      Fulton                             1.0382                    1,506        

      Gallia                             1.0000                    1,507        

      Geauga                             1.0608                    1,508        

      Greene                             1.0418                    1,509        

      Guernsey                           1.0091                    1,510        

      Hamilton                           1.0750                    1,511        

      Hancock                            1.0270                    1,512        

      Hardin                             1.0384                    1,513        

      Harrison                           1.0111                    1,514        

      Henry                              1.0389                    1,515        

      Highland                           1.0177                    1,516        

      Hocking                            1.0164                    1,517        

      Holmes                             1.0275                    1,518        

      Huron                              1.0348                    1,519        

      Jackson                            1.0176                    1,520        

      Jefferson                          1.0090                    1,521        

      Knox                               1.0276                    1,522        

      Lake                               1.0627                    1,523        

      Lawrence                           1.0154                    1,524        

                                                          36     


                                                                 
      Licking                            1.0418                    1,525        

      Logan                              1.0376                    1,526        

      Lorain                             1.0573                    1,527        

      Lucas                              1.0449                    1,528        

      Madison                            1.0475                    1,529        

      Mahoning                           1.0465                    1,530        

      Marion                             1.0289                    1,531        

      Medina                             1.0656                    1,532        

      Meigs                              1.0016                    1,533        

      Mercer                             1.0209                    1,534        

      Miami                              1.0456                    1,535        

      Monroe                             1.0152                    1,536        

      Montgomery                         1.0484                    1,537        

      Morgan                             1.0168                    1,538        

      Morrow                             1.0293                    1,539        

      Muskingum                          1.0194                    1,540        

      Noble                              1.0150                    1,541        

      Ottawa                             1.0529                    1,542        

      Paulding                           1.0216                    1,543        

      Perry                              1.0185                    1,544        

      Pickaway                           1.0350                    1,545        

      Pike                               1.0146                    1,546        

      Portage                            1.0595                    1,547        

      Preble                             1.0523                    1,548        

      Putnam                             1.0308                    1,549        

      Richland                           1.0232                    1,550        

      Ross                               1.0111                    1,551        

      Sandusky                           1.0361                    1,552        

      Scioto                             1.0082                    1,553        

      Seneca                             1.0265                    1,554        

      Shelby                             1.0274                    1,555        

      Stark                              1.0330                    1,556        

      Summit                             1.0642                    1,557        

      Trumbull                           1.0465                    1,558        

                                                          37     


                                                                 
      Tuscarawas                         1.0109                    1,559        

      Union                              1.0488                    1,560        

      Van Wert                           1.0181                    1,561        

      Vinton                             1.0065                    1,562        

      Warren                             1.0678                    1,563        

      Washington                         1.0124                    1,564        

      Wayne                              1.0446                    1,565        

      Williams                           1.0316                    1,566        

      Wood                               1.0431                    1,567        

      Wyandot                            1.0227                    1,568        

      (2)  As used in this division, "multiplier" means the        1,571        

number for the corresponding fiscal year as follows:               1,572        

      FISCAL YEAR OF THE                                           1,574        

          COMPUTATION                  MULTIPLIER                  1,575        

             1998                       9.6/7.5                    1,577        

             1999                       11.0/7.5                   1,578        

             2000                       12.4/7.5                   1,579        

             2001                       13.8/7.5                   1,580        

             2002                       15.2/7.5                   1,581        

             2003                       16.6/7.5                   1,582        

      2004 and thereafter               18.0/7.5                   1,583        

      Beginning in fiscal year 1998, the department shall          1,586        

annually adjust the cost-of-doing-business factor for each county  1,588        

in accordance with the following formula:                          1,589        

       [(The cost-of-doing-business factor specified under         1,591        

     division (N)(1) of this section - 1) X (the multiplier        1,592        

          for the fiscal year of the calculation)< + 1             1,593        

      The result of such formula shall be the adjusted             1,595        

cost-of-doing-business factor for that fiscal year.                1,596        

      (O)  "Tax exempt value" of a school district means the       1,598        

amount certified for a school district under division (A)(4) of    1,599        

section 3317.021 of the Revised Code.                              1,600        

      (P)  "Potential value" of a school district means the        1,602        

adjusted total taxable value of a school district plus the tax     1,604        

                                                          38     


                                                                 
exempt value of the district.                                      1,605        

      (Q)  "District median income" means the median Ohio          1,607        

adjusted gross income certified for a school district.  On or      1,608        

before the first day of July of each year, the tax commissioner    1,609        

shall certify to the department of education for each city,        1,610        

exempted village, and local school district the median Ohio        1,611        

adjusted gross income of the residents of the school district      1,612        

determined on the basis of tax returns filed for the second        1,613        

preceding tax year by the residents of the district.                            

      (R)  "Statewide median income" means the median district     1,615        

median income of all city, exempted village, and local school      1,617        

districts in the state.                                                         

      (S)  "Income factor" for a city, exempted village, or local  1,619        

school district means the quotient obtained by dividing that       1,620        

district's median income by the statewide median income.           1,621        

      (T)  Except as provided in division (B)(3) of section        1,624        

3317.012 of the Revised Code, "valuation per pupil" for a city,                 

exempted village, or local school district means the district's    1,626        

recognized valuation divided by the greater of the district's      1,627        

formula ADM or three-year average formula ADM.                     1,628        

      (U)  Except as provided in section 3317.0213 of the Revised  1,631        

Code, "adjusted valuation per pupil" means the amount calculated   1,632        

in accordance with the following formula:                          1,633        

            District valuation per pupil - [$60,000 X              1,635        

                  (1 - district income factor)<                    1,636        

      If the result of such formula is negative, the adjusted      1,638        

valuation per pupil shall be zero.                                 1,639        

      (V)  "Income adjusted valuation" means the product obtained  1,641        

by multiplying the SCHOOL district's adjusted valuation per pupil  1,642        

by the greater of the district's formula ADM or three-year         1,645        

average formula ADM.                                                            

      (W)  Except as provided in division (A)(2) of section        1,648        

3317.022 of the Revised Code, "adjusted total taxable value"                    

means one of the following:                                        1,649        

                                                          39     


                                                                 
      (1)  In any fiscal year that a SCHOOL district's income      1,651        

factor is less than or equal to one, the amount calculated under   1,653        

the following formula:                                                          

               (Income adjusted valuation X 1/5) +                 1,654        

                  (recognized valuation X 4/5)                     1,655        

      (2)  In fiscal year 1999, if a SCHOOL district's income      1,658        

factor is greater than one, the amount calculated under the        1,659        

following formula:                                                 1,660        

               (Income adjusted valuation X 1/15)                  1,661        

                + (recognized valuation X 14/15)                   1,662        

      Thereafter, the adjusted total taxable value of a district   1,664        

with an income factor greater than one shall be its recognized     1,666        

valuation.                                                                      

      Sec. 3317.022.  (A)(1)  The department of education shall    1,675        

compute and distribute state basic aid BASE COST FUNDING to each   1,677        

school district for the fiscal year in accordance with the                      

following formula, using adjusted total taxable value as defined   1,679        

under division (W) of IN section 3317.02 of the Revised Code or    1,680        

division (A)(2) of this section and the information obtained       1,682        

under section 3317.021 of the Revised Code in the calendar year    1,683        

in which the fiscal year begins.                                                

      Compute the following for each eligible district:            1,685        

                [cost-of-doing-business factor X                   1,686        

        the formula amount X (the greater of formula ADM           1,687        

              or three-year average formula ADM)< -                1,688        

              (.023 X adjusted total taxable value)                1,689        

      If the difference obtained is a negative number, the         1,691        

district's computation shall be zero.                              1,692        

      (2)(a)  For each school district for which the tax exempt    1,694        

value of the district equals or exceeds twenty-five per cent of    1,695        

the potential value of the district, the department of education   1,696        

shall calculate the difference between the district's tax exempt   1,697        

value and twenty-five per cent of the district's potential value.  1,698        

      (b)  For each school district to which division (A)(2)(a)    1,701        

                                                          40     


                                                                 
of this section applies, the adjusted total taxable value used in  1,702        

the calculation under division (A)(1) of this section shall be     1,703        

the adjusted total taxable value modified by subtracting the       1,704        

amount calculated under division (A)(2)(a) of this section.        1,705        

      (B)  As used in division (C) of this section:                1,707        

      (1)  The "total special education weight" for a district     1,709        

means the sum of the following amounts:                            1,710        

      (a)  The district's category one special education ADM       1,712        

multiplied by the multiple specified under division (A) of         1,715        

section 3317.013 of the Revised Code;                                           

      (b)  The sum of the district's category two and category     1,717        

three special education ADMs multiplied by the multiple specified  1,719        

under division (B) of section 3317.013 of the Revised Code.        1,720        

      (2)  "State share percentage" means the percentage           1,722        

calculated for a district as follows:                              1,723        

      (a)  Calculate the basic aid STATE BASE COST FUNDING amount  1,725        

for the district for the fiscal year under division (A) of this    1,727        

section.  If the district would not receive any state basic aid    1,728        

BASE COST FUNDING for that year under that division, the           1,730        

district's state share percentage is zero.                                      

      (b)  If the district would receive basic aid STATE BASE      1,732        

COST FUNDING under that division, divide that basic aid amount by  1,734        

an amount equal to the following:                                  1,735        

                 Cost-of-doing-business factor X                   1,737        

          the formula amount X (the greater of formula             1,738        

             ADM or three-year average formula ADM)                1,739        

      The resultant number is the district's state share           1,741        

percentage.                                                        1,742        

      (3)  "Related services" includes:                            1,744        

      (a)  Child study, special education supervisors and          1,746        

coordinators, speech and hearing services, adaptive physical       1,747        

development services, occupational or physical therapy, teacher    1,749        

assistants for handicapped children whose handicaps are described  1,750        

in division (B) of section 3317.013 or division (F)(3) of section  1,751        

                                                          41     


                                                                 
3317.02 of the Revised Code, behavioral intervention, interpreter  1,753        

services, work study, nursing services, and specialized            1,754        

integrative services as those terms are defined by the                          

department;                                                                     

      (b)  Speech and language services provided to any student    1,757        

with a handicap, including any student whose primary or only       1,758        

handicap is a speech and language handicap;                                     

      (c)  Any related service not specifically covered by other   1,761        

state funds but specified in federal law, including but not        1,762        

limited to, audiology and school psychological services;                        

      (d)  Any service included in units funded under former       1,765        

division (O)(1) of section 3317.023 of the Revised Code;           1,766        

      (e)  Any other related service needed by handicapped         1,769        

children in accordance with their individualized education plans.  1,770        

      (4)  THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT  1,772        

MEANS THE SUM OF THE FOLLOWING AMOUNTS:                            1,773        

      (a)  THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM    1,775        

MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION    1,776        

3317.014 OF THE REVISED CODE;                                      1,777        

      (b)  THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM    1,779        

MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION    1,780        

3317.014 OF THE REVISED CODE.                                      1,781        

      (C)(1)  The department shall compute and distribute state    1,783        

special education and related services additional weighted costs   1,784        

funds to each school district in accordance with the following     1,785        

formula:                                                                        

              The district's state share percentage                1,787        

                X the formula amount for the year                  1,788        

                 for which the aid is calculated                   1,789        

         X the district's total special education weight           1,790        

      (2)  In any fiscal year, a school district receiving funds   1,792        

under division (C)(1) of this section shall spend on related       1,794        

services the lesser of the following:                              1,795        

      (a)  The amount the district spent on related services in    1,798        

                                                          42     


                                                                 
the preceding fiscal year;                                                      

      (b)  1/8 X §[cost-of-doing-business factor X the formula     1,801        

amount X (the category one special education ADM + category two    1,802        

special education ADM + category three special education ADM)< +   1,804        

the amount calculated for the fiscal year under division (C)(1)    1,806        

of this section + the local share of special education and         1,807        

related services additional weighted costs                         1,808        

      (3)  The local share of special education and related        1,810        

services additional weighted costs equals:                         1,811        

          (1 - the district's state share percentage) X            1,813        

         the district's total special education weight X           1,814        

                       the formula amount                          1,815        

      (4)  The department shall compute and pay in accordance      1,818        

with this division additional state aid to school districts for    1,819        

students in category three special education ADM.  If a            1,820        

district's costs for the fiscal year for a student in its          1,821        

category three special education ADM are twenty-five thousand      1,823        

dollars or more, the district may submit to the superintendent of  1,824        

public instruction documentation, as prescribed by the             1,825        

superintendent, of all its costs for that student.  Upon           1,826        

submission of documentation for a student of the type and in the   1,827        

manner prescribed, the department shall pay to the district an     1,828        

amount equal to the district's costs for the student in excess of  1,829        

twenty-five thousand dollars multiplied by the district's state    1,830        

share percentage.                                                               

      (D)(1)  As used in this division, "log density" means the    1,832        

logarithmic calculation (base 10) of each district's               1,833        

transportation ADM per linear mile:                                1,834        

      (a)  "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS  1,836        

MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE.            1,837        

      (b)  "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS     1,839        

DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER  1,840        

OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE      1,841        

NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION     1,842        

                                                          43     


                                                                 
ADM.                                                                            

      (c)  "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION  1,844        

ADM DIVIDED BY TRANSPORTATION BASE.                                1,845        

      (2)  ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS        1,847        

RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION     1,848        

USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION    1,849        

FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF    1,850        

DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT            1,851        

PERCENTAGE.  FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE    1,852        

AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS           1,853        

EXPRESSED AS FOLLOWS:                                                           

     50.67477 + (140.94357 X DAILY BUS MILES PER STUDENT) +        1,855        

          (108.36864 X TRANSPORTED STUDENT PERCENTAGE)             1,856        

      (3)  In addition to funds paid under divisions (A) and,      1,859        

(C), (E), AND (F) of this section, each district WITH A            1,860        

TRANSPORTED STUDENT PERCENTAGE GREATER THAN ZERO shall receive a   1,861        

payment equal to sixty per cent A PERCENTAGE of THE PRODUCT OF     1,862        

the district's transportation ADM BASE times the district's most   1,863        

AVERAGE efficient transportation use cost per transported          1,864        

student.  THAT PERCENTAGE SHALL BE THE FOLLOWING PERCENTAGE        1,865        

SPECIFIED FOR                                                                   

      (3)  In fiscal years 1999 through 2002, notwithstanding the  1,867        

amount calculated for each district under division (D)(2) of this  1,868        

section, each district shall receive in the corresponding fiscal   1,869        

year the following percentage of the district's transportation     1,871        

ADM times the district's most efficient transportation use cost    1,872        

per transported student:                                                        

         FISCAL YEAR                        PERCENTAGE             1,874        

         1999                               50%                    1,875        

         2000                               52.5%                  1,876        

         2001                               55%                    1,877        

         2002                               57.5%                  1,878        

         2003 AND THEREAFTER                60%                    1,879        

      (4)  For purposes of funding the student transportation      1,883        

                                                          44     


                                                                 
portion, the THE department of education shall ANNUALLY determine  1,884        

the most AVERAGE efficient transportation use cost per             1,886        

transported student for each school district.  This cost per       1,887        

student shall be an amount equal to the number ten to a power      1,888        

calculated in accordance with the following formula:               1,889        

              (-0.413148 X log density) + 2.493129                 1,890        

      (5)  The department of education shall annually update the   1,893        

most efficient transportation use cost per transported student     1,894        

for each district in accordance with the PRINCIPLES STATED IN      1,895        

DIVISION (D)(2) OF THIS SECTION, UPDATING THE INTERCEPT AND        1,896        

REGRESSION COEFFICIENTS OF THE REGRESSION formula MODELED in THAT  1,897        

division (D)(4) of this section, including the figures and log     1,899        

density component of that formula, based on an annual statewide    1,900        

analysis of each district's transportation ADM per linear mile     1,902        

DAILY BUS MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, and   1,903        

TRANSPORTATION COST DATA.  THE DEPARTMENT shall notify the office               

of budget and management of such update by September of every      1,905        

year.                                                                           

      The department of education shall use the most recent        1,907        

available PRIOR FISCAL YEAR'S data as of the first day of July of  1,908        

each year to complete the annual update.  The department shall     1,909        

AND apply a 2.8 per cent inflation cost adjustment factor for      1,910        

each fiscal year since the fiscal year for which the data applies  1,912        

to adjust the amount calculated for each district under division   1,913        

(D)(2) or (3) of this section to the current fiscal year level.    1,914        

      (4)  NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS        1,916        

SECTION, IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE   1,918        

THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS  1,919        

OR THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER      1,920        

DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT   1,921        

FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB.    1,923        

H.B. 650 OF THE 122nd GENERAL ASSEMBLY.                            1,925        

      (5)  IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO     1,927        

(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD  1,928        

                                                          45     


                                                                 
SUBSIDY IF BOTH OF THE FOLLOWING APPLY:                            1,929        

      (a)  ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE     1,931        

STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN     1,932        

DIVISION (D)(6) OF THIS SECTION;                                   1,933        

      (b)  ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE          1,936        

STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT      1,937        

DIVISION.                                                                       

      (6)  THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING    1,939        

THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE     1,940        

CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA:               1,941        

       (PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X         1,944        

                       DENSITY MULTIPLIER                          1,945        

      WHERE:                                                       1,947        

      (a)  "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED   1,949        

IN ACCORDANCE WITH THE FOLLOWING FORMULA:                          1,950        

     0.55 - §0.55 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY       1,953        

     ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE -       1,954        

               STATEWIDE ROUGH ROAD PERCENTAGE)<                   1,955        

      (i)  "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST       1,957        

COUNTY ROUGH ROAD PERCENTAGE IN THE STATE.                         1,958        

      (ii)  "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE   1,960        

OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS     1,961        

THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B,    1,963        

C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED  1,964        

OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE        1,965        

COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS     1,966        

COST-OF-DOING-BUSINESS FACTOR.                                     1,967        

      (iii)  "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE           1,969        

PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL,     1,970        

COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR   1,971        

F BY THE DEPARTMENT OF TRANSPORTATION.                             1,972        

      (b)  "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S      1,974        

TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD   1,975        

PERCENTAGE.                                                                     

                                                          46     


                                                                 
      (c)  "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN       1,977        

ACCORDANCE WITH THE FOLLOWING FORMULA:                             1,978        

        1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT           1,980        

               DENSITY)/(MINIMUM STUDENT DENSITY -                 1,981        

                   STATEWIDE STUDENT DENSITY)<                     1,982        

      (i)  "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT     1,984        

STUDENT DENSITY IN THE STATE.                                      1,985        

      (ii)  "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S   1,987        

TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE   1,988        

DISTRICT.                                                          1,989        

      (iii)  "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE      1,991        

TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM   1,992        

OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS.                       1,993        

      (7)  In addition to funds paid under division DIVISIONS      1,995        

(D)(2) or (3) TO (6) of this section, each district shall receive  1,997        

in accordance with rules adopted by the state board of education                

a payment for students transported by means other than             1,999        

board-owned or contractor-operated buses and whose transportation  2,000        

is not funded under division (J) of section 3317.024 of the        2,001        

Revised Code.  The rules shall include provisions for school       2,002        

district reporting of such students.                                            

      (E)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE       2,004        

VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH       2,005        

SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA:          2,006        

                    STATE SHARE PERCENTAGE X                       2,007        

                      THE FORMULA AMOUNT X                         2,008        

                TOTAL VOCATIONAL EDUCATION WEIGHT                  2,009        

      (F)(1)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE    2,011        

GIFTED EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH SCHOOL    2,012        

DISTRICT THAT COMPLIES WITH DIVISION (F)(3) OF THIS SECTION, IN    2,013        

ACCORDANCE WITH THE FOLLOWING FORMULA:                             2,014        

                    STATE SHARE PERCENTAGE X                       2,015        

               [(.1 X THE FORMULA AMOUNT) X (.1 X                  2,016        

        THE GREATER OF FORMULA ADM OR THREE-YEAR AVERAGE           2,017        

                                                          47     


                                                                 
                          FORMULA ADM)<                            2,018        

      (2)  IN FISCAL YEARS 2000 AND 2001, NOTWITHSTANDING THE      2,020        

AMOUNT CALCULATED UNDER DIVISION (F)(1) OF THIS SECTION, THE       2,021        

DEPARTMENT SHALL PAY EACH SCHOOL DISTRICT THAT COMPLIES WITH       2,022        

DIVISION (F)(3) OF THIS SECTION THE GREATER OF THE AMOUNT          2,023        

CALCULATED FOR IT UNDER DIVISION (F)(1) OF THIS SECTION OR THE     2,024        

FOLLOWING PERCENTAGE OF THE AMOUNT IT RECEIVED IN FISCAL YEAR      2,025        

1999 FOR GIFTED EDUCATION UNITS UNDER DIVISION (P) OF SECTION      2,026        

3317.024 AND SECTION 3317.162 OF THE REVISED CODE, AS THOSE        2,027        

SECTIONS EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT:    2,028        

                FISCAL YEAR            PERCENTAGE                  2,030        

                   2000                   75%                      2,031        

                   2001                   65%                      2,032        

      (3)  TO RECEIVE FUNDS UNDER DIVISIONS (F)(1) AND (2) OF      2,035        

THIS SECTION, A SCHOOL DISTRICT SHALL FILE WITH THE DEPARTMENT OF  2,036        

EDUCATION, NO LATER THAN THE FIRST DAY OF OCTOBER OF THE FISCAL    2,037        

YEAR, A DISTRICT PLAN SPECIFYING THE MANNER IN WHICH IT WILL USE   2,038        

THE FUNDS TO SERVE GIFTED STUDENTS AND THE METHOD FOR SELECTING    2,040        

GIFTED STUDENTS TO PARTICIPATE IN GIFTED PROGRAMS AND ACTIVITIES.  2,041        

      Sec. 3317.023.  (A)  Notwithstanding section 3317.022 of     2,050        

the Revised Code, the amounts required to be paid to a district    2,051        

under this chapter shall be adjusted by the amount of the          2,053        

computations made under divisions (B) to (K) of this section.      2,054        

      As used in this section:                                     2,056        

      (1)  "Classroom teacher" means a licensed employee who       2,058        

provides direct instruction to pupils, excluding teachers funded   2,059        

from money paid to the district from federal sources; educational  2,060        

service personnel; and vocational and special education teachers.  2,061        

      (2)  "Educational service personnel" shall not include such  2,063        

specialists funded from money paid to the district from federal    2,064        

sources or assigned full-time to vocational or special education   2,065        

students and classes and may only include those persons employed   2,066        

in the eight specialist areas in a pattern approved by the         2,067        

department of education under guidelines established by the state  2,068        

                                                          48     


                                                                 
board of education.                                                2,069        

      (3)  "Annual salary" means the annual base salary stated in  2,071        

the state minimum salary schedule for the performance of the       2,072        

teacher's regular teaching duties that the teacher earns for       2,073        

services rendered for the first full week of October of the        2,074        

fiscal year for which the adjustment is made under division (C)    2,076        

of this section.  It shall not include any salary payments for                  

supplemental teachers contracts.                                   2,077        

      (4)  "Regular student population" means the formula ADM      2,079        

plus the number of students reported as enrolled in the district   2,080        

pursuant to division (A)(1) of section 3313.981 of the Revised     2,081        

Code; minus the number of students reported under disvision        2,083        

DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the  2,084        

FTE of students reported under division (B)(5), (6), (7), or (8),  2,085        

OR (9) of that section who are enrolled in a vocational education  2,087        

class or receiving special education; and minus one-fourth of the  2,088        

students enrolled concurrently in a joint vocational school        2,089        

district.                                                                       

      (B)  If the district employs less than one full-time         2,091        

equivalent classroom teacher for each twenty-five pupils in the    2,093        

regular student population in any school district, deduct the sum               

of the amounts obtained from the following computations:           2,095        

      (1)  Divide the number of the district's full-time           2,097        

equivalent classroom teachers employed by one twenty-fifth;        2,098        

      (2)  Subtract the quotient in (1) from the district's        2,100        

regular student population;                                        2,101        

      (3)  Multiply the difference in (2) by seven hundred         2,103        

fifty-two dollars.                                                 2,104        

      (C)  If a positive amount, add one-half of the amount        2,106        

obtained by multiplying the number of full-time equivalent         2,107        

classroom teachers by:                                             2,108        

      (1)  The mean annual salary of all full-time equivalent      2,110        

classroom teachers employed by the district at their respective    2,111        

training and experience levels minus;                              2,112        

                                                          49     


                                                                 
      (2)  The mean annual salary of all such teachers at their    2,114        

respective levels in all school districts receiving payments       2,115        

under this section.                                                2,116        

      The number of full-time equivalent classroom teachers used   2,118        

in this computation shall not exceed one twenty-fifth of the       2,119        

district's regular student population.  In calculating the         2,121        

district's mean salary under this division, those full-time        2,122        

equivalent classroom teachers with the highest training level      2,123        

shall be counted first, those with the next highest training       2,124        

level second, and so on, in descending order.  Within the          2,125        

respective training levels, teachers with the highest years of     2,126        

service shall be counted first, the next highest years of service  2,127        

second, and so on, in descending order.                                         

      (D)  This division does not apply to a school district that  2,129        

has entered into an agreement under division (A) of section        2,130        

3313.42 of the Revised Code.  Deduct the amount obtained from the  2,131        

following computations if the district employs fewer than five     2,132        

full-time equivalent educational service personnel, including      2,133        

elementary school art, music, and physical education teachers,     2,134        

counselors, librarians, visiting teachers, school social workers,  2,135        

and school nurses for each one thousand pupils in the regular      2,137        

student population:                                                2,138        

      (1)  Divide the number of full-time equivalent educational   2,140        

service personnel employed by the district by five                 2,141        

one-thousandths;                                                   2,142        

      (2)  Subtract the quotient in (1) from the district's        2,144        

regular student population;                                        2,145        

      (3)  Multiply the difference in (2) by ninety-four dollars.  2,147        

      (E)  If a local school district, or a city or exempted       2,149        

village school district to which a governing board of an           2,151        

educational service center provides services pursuant to section   2,152        

3313.843 of the Revised Code, deduct the amount of the payment     2,153        

required for the reimbursement of the governing board under        2,154        

section 3317.11 of the Revised Code.                               2,155        

                                                          50     


                                                                 
      (F)(1)  If the district is required to pay to or entitled    2,157        

to receive tuition from another school district under division     2,158        

(C)(2) or (3) of section 3313.64 or section 3313.65 of the         2,159        

Revised Code, or if the superintendent of public instruction is    2,160        

required to determine the correct amount of tuition and make a     2,161        

deduction or credit under section 3317.08 of the Revised Code,     2,162        

deduct and credit such amounts as provided in division (I) of      2,163        

section 3313.64 or section 3317.08 of the Revised Code.            2,164        

      (2)  For each child for whom the district is responsible     2,166        

for tuition or payment under division (A)(1) of section 3317.082   2,167        

or section 3323.091 of the Revised Code, deduct the amount of      2,169        

tuition or payment for which the district is responsible.                       

      (G)  If the district has been certified by the               2,171        

superintendent of public instruction under section 3313.90 of the  2,172        

Revised Code as not in compliance with the requirements of that    2,173        

section, deduct an amount equal to ten per cent of the amount      2,174        

computed for the district under section 3317.022 of the Revised    2,175        

Code.                                                              2,176        

      (H)  If the district has received a loan from a commercial   2,179        

lending institution for which payments are made by the             2,180        

superintendent of public instruction pursuant to division (E)(3)   2,181        

of section 3313.483 of the Revised Code, deduct an amount equal    2,182        

to such payments.                                                  2,183        

      (I)(1)  If the district is a party to an agreement entered   2,185        

into under division (D), (E), or (F) of section 3311.06 or         2,186        

division (B) of section 3311.24 of the Revised Code and is         2,187        

obligated to make payments to another district under such an       2,188        

agreement, deduct an amount equal to such payments if the          2,189        

district school board notifies the department in writing that it   2,190        

wishes to have such payments deducted.                             2,191        

      (2)  If the district is entitled to receive payments from    2,193        

another district that has notified the department to deduct such   2,194        

payments under division (I)(1) of this section, add the amount of  2,196        

such payments.                                                     2,197        

                                                          51     


                                                                 
      (J)  If the district is required to pay an amount of funds   2,199        

to a cooperative education district pursuant to a provision        2,200        

described by division (B)(4) of section 3311.52 or division        2,201        

(B)(8) of section 3311.521 of the Revised Code, deduct such        2,202        

amounts as provided under that provision and credit those amounts  2,203        

to the cooperative education district for payment to the district  2,204        

under division (B)(1) of section 3317.19 of the Revised Code.      2,205        

      (K)(1)  If a district is educating a student entitled to     2,207        

attend school in another district pursuant to a shared education   2,208        

contract, compact, or cooperative education agreement other than   2,209        

an agreement entered into pursuant to section 3313.842 of the      2,210        

Revised Code, credit to that educating district on an FTE basis    2,211        

both of the following:                                                          

      (a)  An amount equal to the formula amount times the cost    2,213        

of doing business factor of the school district where the student  2,214        

is entitled to attend school pursuant to section 3313.64 or        2,215        

3313.65 of the Revised Code;                                       2,216        

      (b)  An amount equal to the formula amount times the state   2,218        

share percentage times any multiple applicable to the student      2,219        

pursuant to section 3317.013 of the Revised Code.                  2,220        

      (2)  Deduct any amount credited pursuant to division (K)(1)  2,222        

of this section from amounts paid to the school district in which  2,223        

the student is entitled to attend school pursuant to section       2,224        

3313.64 or 3313.65 of the Revised Code.                            2,225        

      (3)  If the district is required by a shared education       2,227        

contract, compact, or cooperative education agreement to make      2,228        

payments to an educational service center, deduct the amounts      2,229        

from payments to the district and add them to the amounts paid to  2,230        

the service center pursuant to section 3317.11 of the Revised                   

Code.                                                              2,231        

      Sec. 3317.024.  In addition to the moneys paid to eligible   2,240        

school districts pursuant to section 3317.022 of the Revised       2,242        

Code, moneys appropriated for the education programs in divisions  2,243        

(A) to (L), AND (O), and (P) of this section shall be distributed  2,245        

                                                          52     


                                                                 
to school districts meeting the requirements of section 3317.01    2,246        

of the Revised Code; in the case of divisions (I) and (J) and, in  2,247        

fiscal year 1999 only, division (P)(1) of this section, to         2,249        

educational service centers as provided in section 3317.11 of the  2,250        

Revised Code; in the case of divisions (E), (M), and (N) of this   2,251        

section, to county MR/DD boards; in the case of division (I) of    2,252        

this section, to joint vocational and cooperative education        2,253        

school districts; in the case of division (K) of this section, to  2,254        

cooperative education school districts; and in the case of         2,257        

division (Q)(P) of this section, to the institutions defined       2,258        

under section 3317.082 of the Revised Code providing elementary    2,259        

or secondary education programs to children other than children    2,260        

receiving special education under section 3323.091 of the Revised  2,261        

Code.  The following shall be distributed monthly, quarterly, or   2,262        

annually as may be determined by the state board of education:     2,263        

      (A)  A per pupil amount to each school district that         2,265        

establishes a summer school remediation program that complies      2,266        

with rules of the state board of education.                        2,267        

      (B)  An amount for each island school district and each      2,269        

joint state school district for the operation of each high school  2,270        

and each elementary school maintained within such district and     2,271        

for capital improvements for such schools.  Such amounts shall be  2,272        

determined on the basis of standards adopted by the state board    2,273        

of education.                                                      2,274        

      (C)  An amount for each school district operating classes    2,276        

for children of migrant workers who are unable to be in            2,277        

attendance in an Ohio school during the entire regular school      2,278        

year.  The amounts shall be determined on the basis of standards   2,279        

adopted by the state board of education, except that payment       2,280        

shall be made only for subjects regularly offered by the school    2,281        

district providing the classes.                                    2,282        

      (D)  An amount for each school district with guidance,       2,284        

testing, and counseling programs approved by the state board of    2,285        

education.  The amount shall be determined on the basis of         2,286        

                                                          53     


                                                                 
standards adopted by the state board of education.                 2,287        

      (E)  An amount for the emergency purchase of school buses    2,289        

as provided for in section 3317.07 of the Revised Code;            2,290        

      (F)  An amount for each school district required to pay      2,292        

tuition for a child in an institution maintained by the            2,293        

department of youth services pursuant to section 3317.082 of the   2,294        

Revised Code, provided the child was not included in the           2,296        

calculation of the district's average daily membership for the     2,297        

preceding school year.                                                          

      (G)  An amount to each school district for supplemental      2,299        

salary allowances for each licensed employee except those          2,301        

licensees serving as superintendents, assistant superintendents,   2,302        

principals, or assistant principals, whose term of service in any  2,303        

year is extended beyond the term of service of regular classroom   2,304        

teachers, as described in section 3301.0725 of the Revised Code;   2,305        

      (H)  An amount for adult basic literacy education for each   2,307        

district participating in programs approved by the state board of  2,308        

education.  The amount shall be determined on the basis of         2,309        

standards adopted by the state board of education.                 2,310        

      (I)  Notwithstanding section 3317.01 of the Revised Code,    2,312        

to each city, local, and exempted village school district, an      2,313        

amount pursuant to section 3301.17 of the Revised Code for         2,314        

conducting driver education courses at high schools for which the  2,315        

state board of education prescribes minimum standards and to       2,316        

joint vocational and cooperative education school districts and    2,318        

educational service centers, an amount pursuant to such section    2,319        

for conducting driver education courses to pupils enrolled in a    2,320        

high school for which the state board prescribes minimum           2,321        

standards;                                                                      

      (J)  An amount for the approved cost of transporting         2,323        

developmentally handicapped pupils whom it is impossible or        2,324        

impractical to transport by regular school bus in the course of    2,325        

regular route transportation provided by the district or service   2,326        

center.  No district or service center is eligible to receive a    2,327        

                                                          54     


                                                                 
payment under this division for the cost of transporting any       2,329        

pupil whom it transports by regular school bus and who is          2,330        

included in the district's transportation ADM.  The state board    2,331        

of education shall establish standards and guidelines for use by   2,332        

the department of education in determining the approved cost of    2,333        

such transportation for each district or service center.           2,334        

      (K)  An amount to each school district, including each       2,336        

cooperative education school district, pursuant to section         2,337        

3313.81 of the Revised Code to assist in providing free lunches    2,338        

to needy children and an amount to assist needy school districts   2,339        

in purchasing necessary equipment for food preparation.  The       2,340        

amounts shall be determined on the basis of rules adopted by the   2,341        

state board of education.                                          2,342        

      (L)  An amount to each school district, for each pupil       2,344        

attending a chartered nonpublic elementary or high school within   2,345        

the district.  The amount shall equal the amount appropriated for  2,346        

the implementation of section 3317.06 of the Revised Code divided  2,347        

by the average daily membership in grades kindergarten through     2,348        

twelve in nonpublic elementary and high schools within the state   2,349        

as determined during the first full week in October of each        2,350        

school year.                                                       2,351        

      (M)  An amount for each county MR/DD board, distributed on   2,354        

the basis of standards adopted by the state board of education,    2,355        

for the approved cost of transportation required for children      2,356        

attending special education programs operated by the county MR/DD  2,357        

board under section 3323.09 of the Revised Code;                   2,358        

      (N)  An amount for each county MR/DD board, distributed on   2,361        

the basis of standards adopted by the state board of education,    2,362        

for supportive home services for preschool children;               2,363        

      (O)  An amount for each school district that establishes a   2,365        

mentor teacher program that complies with rules of the state       2,366        

board of education.  No school district shall be required to       2,367        

establish or maintain such a program in any year unless            2,368        

sufficient funds are appropriated to cover the district's total    2,369        

                                                          55     


                                                                 
costs for the program.                                                          

      (P)(1)  For fiscal year 1999 only, an amount to each school  2,372        

district or educational service center for the total number of     2,373        

gifted units approved pursuant to section 3317.05 of the Revised   2,374        

Code.  The amount for each such unit shall be the sum of the       2,375        

minimum salary for the teacher of the unit, calculated on the      2,376        

basis of the teacher's training level and years of experience      2,377        

pursuant to section 3317.13 of the Revised Code, plus fifteen per  2,378        

cent of that minimum salary amount, plus two thousand six hundred  2,379        

seventy-eight dollars.                                             2,380        

      (2)  The general assembly intends to begin a review and      2,382        

revision of the funding formula for gifted education services in   2,384        

1999.  The analysis and any resulting calculations shall be based  2,386        

upon a rational methodology for calculating the cost of adequate                

gifted education services.  The analysis shall use data generated  2,387        

by a study funded through the department of education.             2,388        

      (Q)  An amount to each institution defined under section     2,391        

3317.082 of the Revised Code providing elementary or secondary     2,393        

education to children other than children receiving special        2,394        

education under section 3323.091 of the Revised Code.  This        2,395        

amount for any institution in any fiscal year shall equal the      2,396        

total of all tuition amounts required to be paid to the            2,397        

institution under division (A)(1) of section 3317.082 of the       2,399        

Revised Code.                                                                   

      The state board of education or any other board of           2,401        

education or governing board may provide for any resident of a     2,402        

district or educational service center territory any educational   2,404        

service for which funds are made available to the board by the     2,405        

United States under the authority of public law, whether such      2,406        

funds come directly or indirectly from the United States or any    2,407        

agency or department thereof or through the state or any agency,   2,408        

department, or political subdivision thereof.                                   

      Sec. 3317.029.  (A)  As used in this section:                2,417        

      (1)  "DPIA percentage" means the quotient obtained by        2,420        

                                                          56     


                                                                 
dividing the five-year average number of children ages five to     2,421        

seventeen residing in the school district and living in a family   2,422        

receiving family assistance, as certified or adjusted under        2,423        

section 3317.10 of the Revised Code, by the district's three-year  2,424        

average formula ADM.                                                            

      (2)  "Family assistance" means assistance received under     2,426        

the Ohio works first program or, for the purpose of determining    2,428        

the five-year average number of recipients of family assistance    2,429        

in fiscal years 1999 through 2002, assistance received under an    2,430        

antecedent program known as TANF or ADC.                           2,431        

      (3)  "Statewide DPIA percentage" means the five-year         2,434        

average of the total number of children ages five to seventeen     2,435        

years residing in the state and receiving family assistance,       2,436        

divided by the sum of the three-year average formula ADMs for all  2,438        

school districts in the state.                                                  

      (4)  "DPIA index" means the quotient obtained by dividing    2,441        

the school district's DPIA percentage by the statewide DPIA        2,443        

percentage.                                                                     

      (5)  "Kindergarten ADM" means the number of students         2,446        

reported under section 3317.03 of the Revised Code as enrolled in  2,447        

kindergarten.                                                      2,448        

      (6)  "Kindergarten through third grade ADM" means the        2,451        

amount calculated as follows:                                                   

      (a)  Multiply the kindergarten ADM by the sum of one plus    2,454        

the all-day kindergarten percentage;                               2,455        

      (b)  Add the number of students in grades one through        2,457        

three;                                                                          

      (d)(c)  Subtract from the sum calculated under division      2,459        

(A)(6)(c)(b) of this section the number of special education       2,461        

students in grades kindergarten through three.                     2,462        

      (7)  "Statewide average teacher salary" means thirty-nine    2,464        

thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN        2,465        

DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED  2,466        

TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for   2,467        

                                                          57     


                                                                 
the value of fringe benefits.                                      2,468        

      (8)  "All-day kindergarten" means a kindergarten class that  2,471        

is in session five days per week for not less than the same        2,472        

number of clock hours each day as for pupils in grades one         2,473        

through six.                                                                    

      (9)  "All-day kindergarten percentage" means the percentage  2,475        

of a district's actual total number of students enrolled in        2,476        

kindergarten who are enrolled in all-day kindergarten.             2,477        

      (10)  "Buildings with the highest concentration of need"     2,479        

means the school buildings in a district with percentages of       2,481        

students receiving family assistance in grades kindergarten        2,482        

through three at least as high as the district-wide percentage of  2,483        

students receiving family assistance.  If, however, the            2,484        

information provided by the department of human services under     2,485        

section 3317.10 of the Revised Code is insufficient to determine   2,488        

the family assistance percentage in each building, "buildings      2,489        

with the highest concentration of need" has the meaning given in   2,490        

rules that the department of education shall adopt.  The rules     2,491        

shall base the definition of "buildings with the highest           2,492        

concentration of need" on family income of students in grades      2,493        

kindergarten through three in a manner that, to the extent                      

possible with available data, approximates the intent of this      2,494        

division and division (G) of this section to designate buildings   2,496        

where the family assistance percentage in those grades equals or   2,497        

exceeds the district-wide family assistance percentage.            2,498        

      (B)  In addition to the amounts required to be paid to a     2,501        

school district under section 3317.022 of the Revised Code, a      2,502        

school district shall receive the greater of the amount the        2,503        

district received in fiscal year 1998 pursuant to division (B) of  2,504        

section 3317.023 of the Revised Code as it existed at that time    2,506        

or the sum of the computations made under divisions (C) to (E) of  2,507        

this section.                                                                   

      (C)  A supplemental payment that may be utilized for         2,509        

measures related to safety and security and for remediation or     2,510        

                                                          58     


                                                                 
similar programs, calculated as follows:                           2,511        

      (1)  If the DPIA index of the school district is greater     2,514        

than or equal to thirty-five-hundredths, but less than one, an     2,515        

amount obtained by multiplying the five-year average number of     2,516        

pupils in a district receiving family assistance by two hundred    2,517        

thirty dollars;                                                    2,518        

      (2)  If the DPIA index of the school district is greater     2,521        

than or equal to one, an amount obtained by multiplying the DPIA   2,523        

index by two hundred thirty dollars and multiplying that product   2,524        

by the five-year average number of pupils in a district receiving  2,525        

family assistance.                                                 2,526        

      (D)  A payment for all-day kindergarten if the DPIA index    2,529        

of the school district is greater than or equal to one or if the   2,530        

district's three-year average formula ADM exceeded seventeen       2,531        

thousand five hundred, calculated by multiplying the all-day       2,532        

kindergarten percentage by the kindergarten ADM and multiplying    2,533        

that product by the formula amount.                                2,534        

      (E)  A class-size reduction payment based on calculating     2,537        

the number of new teachers necessary to achieve a lower            2,538        

student-teacher ratio, as follows:                                 2,539        

      (1)  Determine or calculate a formula number of teachers     2,541        

per one thousand students based on the DPIA index of the school    2,543        

district as follows:                                               2,544        

      (a)  If the DPIA index of the school district is less than   2,547        

six-tenths, the formula number of teachers is 43.478, which is     2,548        

the number of teachers per one thousand students at a              2,549        

student-teacher ratio of twenty-three to one;                      2,550        

      (b)  If the DPIA index of the school district is greater     2,553        

than or equal to six-tenths, but less than two and one-half, the   2,554        

formula number of teachers is calculated as follows:               2,555        

           43.478 + §[(DPIA index-0.6)/1.9< X 23.188               2,557        

      Where 43.478 is the number of teachers per one thousand      2,559        

students at a student-teacher ratio of twenty-three to one; 1.9    2,560        

is the interval from a DPIA index of six-tenths to a DPIA index    2,563        

                                                          59     


                                                                 
of two and one-half; and 23.188 is the difference in the number    2,564        

of teachers per one thousand students at a student-teacher ratio   2,565        

of fifteen to one and the number of teachers per one thousand      2,566        

students at a student-teacher ratio of twenty-three to one.        2,568        

      (c)  If the DPIA index of the school district is greater     2,571        

than or equal to two and one-half, the formula number of teachers  2,572        

is 66.667, which is the number of teachers per one thousand        2,573        

students at a student-teacher ratio of fifteen to one.             2,574        

      (2)  Multiply the formula number of teachers determined or   2,576        

calculated in division (E)(1) of this section by the kindergarten  2,578        

through third grade ADM for the district and divide that product   2,579        

by one thousand;                                                                

      (3)  Calculate the number of new teachers as follows:        2,581        

      (a)  Multiply the kindergarten through third grade ADM by    2,584        

43.478, which is the number of teachers per one thousand students  2,585        

at a student-teacher ratio of twenty-three to one, and divide      2,586        

that product by one thousand;                                                   

      (b)  Subtract the quotient obtained in division (E)(3)(a)    2,589        

of this section from the product in division (E)(2) of this        2,590        

section.                                                                        

      (4)  Multiply the greater of the difference obtained under   2,592        

division (E)(3) of this section or zero by the statewide average   2,594        

teachers salary.                                                                

      (F)  This division applies only to school districts whose    2,596        

DPIA index is one or greater.                                      2,597        

      (1)  Each school district subject to this division shall     2,599        

first utilize funds received under this section so that, when      2,600        

combined with other funds of the district, sufficient funds exist  2,601        

to provide all-day kindergarten to at least the number of          2,602        

children in the district's all-day kindergarten percentage.        2,603        

      (2)  Up to an amount equal to the district's DPIA index      2,605        

multiplied by the five-year average number of pupils in a          2,606        

district receiving family assistance multiplied by two hundred     2,607        

thirty dollars of the money distributed under this section may be  2,609        

                                                          60     


                                                                 
utilized for one or both of the following:                         2,610        

      (a)  Programs designed to ensure that schools are free of    2,613        

drugs and violence and have a disciplined environment conducive    2,614        

to learning;                                                                    

      (b)  Remediation for students who have failed or are in      2,617        

danger of failing any of the proficiency tests administered        2,618        

pursuant to section 3301.0710 of the Revised Code.                              

      (3)  Except as otherwise required by division (G) of this    2,620        

section, all other funds distributed under this section to         2,621        

districts subject to this division shall be utilized for the       2,622        

purpose of the third grade guarantee.  The third grade guarantee   2,623        

consists of increasing the amount of instructional attention       2,625        

received per pupil in kindergarten through third grade, either by  2,626        

reducing the ratio of students to instructional personnel or by    2,627        

increasing the amount of instruction and curriculum-related        2,628        

activities by extending the length of the school day or the        2,629        

school year.                                                                    

      School districts may implement a reduction of the ratio of   2,631        

students to instructional personnel through any or all of the      2,632        

following methods:                                                 2,633        

      (a)  Reducing the number of students in a classroom taught   2,636        

by a single teacher;                                                            

      (b)  Employing full-time educational aides or educational    2,639        

paraprofessionals issued a permit or license under section         2,640        

3319.088 of the Revised Code;                                                   

      (c)  Instituting a team-teaching method that will result in  2,643        

a lower student-teacher ratio in a classroom.                                   

      Districts may extend the school day either by increasing     2,645        

the amount of time allocated for each class, increasing the        2,646        

number of classes provided per day, offering optional              2,647        

academic-related after-school programs, providing                  2,648        

curriculum-related extra curricular activities, or establishing    2,649        

tutoring or remedial services for students who have demonstrated   2,650        

an educational need.  In accordance with section 3319.089 of the   2,651        

                                                          61     


                                                                 
Revised Code, a district extending the school day pursuant to      2,653        

this division may utilize a participant of the work experience     2,654        

program who has a child enrolled in a public school in that        2,655        

district and who is fulfilling the work requirements of that                    

program by volunteering or working in that public school.  If the  2,656        

work experience program participant is compensated, the school     2,657        

district may use the funds distributed under this section for all  2,658        

or part of the compensation.                                                    

      Districts may extend the school year either through adding   2,660        

regular days of instruction to the school calendar or by           2,661        

providing summer programs.                                         2,662        

      (G)  Each district subject to division (F) of this section   2,665        

shall not expend any funds received under division (E) of this     2,666        

section in any school buildings that are not buildings with the    2,667        

highest concentration of need, unless there is a ratio of          2,668        

instructional personnel to students of no more than fifteen to     2,669        

one in each kindergarten and first grade class in all buildings    2,670        

with the highest concentration of need.  This division does not    2,672        

require that the funds used in buildings with the highest          2,673        

concentration of need be spent solely to reduce the ratio of       2,674        

instructional personnel to students in kindergarten and first      2,675        

grade.  A school district may spend the funds in those buildings   2,676        

in any manner permitted by division (F)(3) of this section, but    2,677        

may not spend the money in other buildings unless the              2,678        

fifteen-to-one ratio required by this division is attained.        2,679        

      (H)(1)  By the first day of August of each fiscal year,      2,681        

each school district wishing to receive any funds under division   2,682        

(D) of this section shall submit to the department of education    2,684        

an estimate of its all-day kindergarten percentage.  Each          2,686        

district shall update its estimate throughout the fiscal year in   2,687        

the form and manner required by the department, and the            2,688        

department shall adjust payments under this section to reflect     2,689        

the updates.                                                                    

      (2)  Annually by the end of December, the department of      2,691        

                                                          62     


                                                                 
education, utilizing data from the information system established  2,693        

under section 3301.0714 of the Revised Code and after              2,694        

consultation with the legislative office of education oversight,   2,695        

shall determine for each school district subject to division (F)   2,696        

of this section whether in the preceding fiscal year the           2,697        

district's ratio of instructional personnel to students; and its   2,698        

number of kindergarten students receiving all-day kindergarten     2,699        

appear reasonable, given the amounts of money the district         2,700        

received for that fiscal year pursuant to divisions (D) and (E)    2,701        

of this section.  If the department is unable to verify from the   2,702        

data available that students are receiving reasonable amounts of   2,703        

instructional attention and all-day kindergarten, given the funds  2,704        

the district has received under this section and that class-size   2,706        

reduction funds are being used in school buildings with the        2,707        

highest concentration of need as required by division (G) of this  2,708        

section, the department shall conduct a more intensive             2,709        

investigation to ensure that funds have been expended as required  2,710        

by this section.  The department shall file an annual report of    2,711        

its findings under this division with the chairpersons of the      2,712        

committees in each house of the general assembly dealing with      2,713        

finance and education.                                                          

      (I)  Any school district with a DPIA index less than one     2,715        

and a three-year average formula ADM exceeding seventeen thousand  2,718        

five hundred shall first utilize funds received under this         2,719        

section so that, when combined with other funds of the district,                

sufficient funds exist to provide all-day kindergarten to at       2,720        

least the number of children in the district's all-day             2,721        

kindergarten percentage.  Such a district shall expend at least    2,722        

seventy per cent of the remaining funds received under this        2,723        

section, and any other district with a DPIA index less than one    2,725        

shall expend at least seventy per cent of all funds received       2,726        

under this section, for any of the following purposes:             2,727        

      (1)  The purchase of technology for instructional purposes;  2,730        

      (2)  All-day kindergarten;                                   2,732        

                                                          63     


                                                                 
      (3)  Reduction of class sizes;                               2,734        

      (4)  Summer school remediation;                              2,736        

      (5)  Dropout prevention programs;                            2,738        

      (6)  Guaranteeing that all third graders are ready to        2,741        

progress to more advanced work;                                                 

      (7)  Summer education and work programs;                     2,743        

      (8)  Adolescent pregnancy programs;                          2,745        

      (9)  Head start or preschool programs;                       2,747        

      (10)  Reading improvement programs described by the          2,750        

department of education;                                                        

      (11)  Programs designed to ensure that schools are free of   2,753        

drugs and violence and have a disciplined environment conducive    2,754        

to learning;                                                                    

      (12)  Furnishing, free of charge, materials used in courses  2,757        

of instruction, except for the necessary textbooks required to be  2,758        

furnished without charge pursuant to section 3329.06 of the        2,759        

Revised Code, to pupils living in families participating in Ohio   2,760        

works first in accordance with section 3313.642 of the Revised     2,761        

Code;                                                                           

      (13)  School breakfasts provided pursuant to section         2,763        

3313.813 of the Revised Code.                                      2,764        

      Each district shall submit to the department, in such        2,766        

format and at such time as the department shall specify, a report  2,767        

on the programs for which it expended funds under this division.   2,768        

      (J)  If at any time the superintendent of public             2,770        

instruction determines that a school district receiving funds      2,771        

under division (D) of this section has enrolled less than the      2,772        

all-day kindergarten percentage reported for that fiscal year,     2,774        

the superintendent shall withhold from the funds otherwise due     2,775        

the district under this section a proportional amount as           2,776        

determined by the difference in the certified all-day              2,777        

kindergarten percentage and the percentage actually enrolled in    2,778        

all-day kindergarten.                                              2,779        

      The superintendent shall also withhold an appropriate        2,781        

                                                          64     


                                                                 
amount of funds otherwise due a district for any other misuse of   2,782        

funds not in accordance with this section.                         2,783        

      Sec. 3317.0212.  Divisions (B) and (C) of this section do    2,792        

not apply to a school district with a formula ADM of one hundred   2,794        

fifty or less.                                                                  

      (A)  As used in this section:                                2,796        

      (1)  "Fundamental FY 1997 state aid" or "fundamental FY      2,799        

1998 state aid" for a district means the total amount of state     2,800        

money received by the district for the applicable fiscal year as   2,802        

reported on the department of education's form "SF-12," adjusted   2,803        

as follows:                                                        2,804        

      (a)  Minus the amount for transportation;                    2,806        

      (b)  Minus any amounts for approved preschool handicapped    2,809        

units;                                                                          

      (c)  Minus any additional amount attributable to the         2,812        

reappraisal guarantee of division (C) of section 3317.04 of the    2,813        

Revised Code;                                                      2,814        

      (d)  Plus the amount deducted for payments to an             2,816        

educational service center;                                        2,817        

      (e)  Plus an estimated portion of the state money            2,819        

distributed in the applicable fiscal year to other school          2,820        

districts or educational service centers for approved units,       2,821        

other than preschool handicapped or gifted education units,        2,822        

attributable to the costs of providing services in those units to  2,824        

students entitled to attend school in the district;                             

      (f)  Minus an estimated portion of the state money           2,826        

distributed to the school district in the applicable fiscal year   2,827        

for approved units, other than preschool handicapped units or      2,828        

gifted education units, attributable to the costs of providing     2,829        

services in those units to students entitled to attend school in   2,830        

another school district;                                           2,831        

      (g)  Plus any additional amount paid in the applicable       2,834        

fiscal year pursuant to the vocational education recomputation     2,835        

required by Section 45.12 of Amended Substitute House Bill No.                  

                                                          65     


                                                                 
117 of the 121st general assembly or former Section 50.22 of       2,836        

Amended Substitute House Bill No. 215 of the 122nd general         2,837        

assembly;                                                                       

      (h)  Plus any additional amount paid in the applicable       2,840        

fiscal year pursuant to the special education recomputation        2,841        

required by former division (I) of section 3317.023 of the                      

Revised Code;                                                      2,842        

      (i)  Plus any amount paid for equity aid in the applicable   2,845        

fiscal year under section 3317.0213 of the Revised Code;           2,847        

      (j)  Plus any amount received for the applicable fiscal      2,849        

year pursuant to section 3317.027 of the Revised Code;             2,851        

      (k)  Plus any amount received for the applicable fiscal      2,853        

year resulting from a recomputation made under division (B) of     2,854        

section 3317.022 of the Revised Code.                              2,855        

      (2)  "Enhanced FY 1998 state aid" for a district means its   2,858        

fundamental FY 1998 state aid, AS DEFINED IN THE VERSION OF THIS   2,859        

SECTION IN EFFECT IN FISCAL YEAR 1999, plus any amounts for which  2,860        

the district was eligible pursuant to division (K) of section      2,863        

3317.024 of the Revised Code, as that division existed in fiscal   2,864        

year 1998.                                                         2,865        

      (3)  "State basic aid" for a district for any fiscal year    2,867        

after fiscal year 1998 1999 means the sum of the following:        2,869        

      (a)  The amount computed for the district for basic formula  2,871        

aid and BASE COST FUNDING, special education funding, VOCATIONAL   2,873        

EDUCATION FUNDING, AND GIFTED EDUCATION FUNDING under divisions    2,874        

(A), (B), and (C)(1), (E), AND (F) of section 3317.022 and         2,876        

sections 3317.025 and 3317.027 of the Revised Code and DPIA aid    2,877        

under section 3317.029 of the Revised Code in the current fiscal   2,878        

year before any deduction or credit required by division (B),      2,881        

(D), (E), (F), (G), (H), (I), (J), or (K) of section 3317.023 or   2,882        

division (J) of section 3317.029 of the Revised Code;              2,883        

      (b)  Any amounts for which the district is eligible          2,885        

pursuant to division (C) of section 3317.023, divisions AND        2,887        

DIVISION (G) and (P) of section 3317.024, and division (B) of      2,888        

                                                          66     


                                                                 
section 3317.162 of the Revised Code;                              2,889        

      (c)  Any equity aid for which the district is eligible       2,892        

under section 3317.0213 of the Revised Code.                                    

      (B)  Upon request of the department of education, the        2,894        

treasurer of any school district or educational service center     2,895        

shall furnish data needed to calculate the amounts specified in    2,896        

divisions (A)(1)(e) and (f) of this section.  The department       2,897        

shall compute the state basic aid guarantee for each school        2,898        

district for the fiscal year as follows:                           2,899        

      (1)  Subtract the amount of state basic aid from the amount  2,902        

of fundamental FY 1998 state aid.  If a negative number, this      2,903        

computation shall be deemed to be zero.                            2,904        

      (2)  Compute the following amounts:                          2,906        

      (a)  Formula ADM X (state basic aid/formula ADM);            2,908        

      (b)  The greater of formula ADM or three-year average        2,911        

formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM).         2,912        

      (3)  If the amount computed under division (B)(2)(b) of      2,915        

this section is greater than the amount computed under division                 

(B)(2)(a) of this section, determine the amount by which it is     2,917        

greater.  If the amount computed under division (B)(2)(b) of this  2,918        

section is not greater than the amount computed under division     2,919        

(B)(2)(a) of this section, this computation shall be deemed to be  2,920        

zero.                                                                           

      (4)  Except as provided in division (C) of this section,     2,923        

the department shall determine for each district the lesser of     2,924        

the amounts computed in divisions (B)(1) and (3) of this section   2,926        

and, if greater than zero, pay the district that amount.           2,928        

      (C)  In fiscal year 1999, the department shall calculate     2,931        

for each district the sum of the district's "state basic aid" for  2,933        

fiscal year 1999, AS THAT TERM WAS DEFINED IN THE VERSION OF THIS  2,935        

SECTION IN EFFECT IN THAT FISCAL YEAR, plus the transportation     2,936        

portion of state aid computed FOR THE DISTRICT FOR THAT FISCAL     2,938        

YEAR under division (D) of THE VERSION OF section 3317.022 of the  2,940        

Revised Code for the district for IN EFFECT THAT fiscal year       2,942        

                                                          67     


                                                                 
1999.  If a district's enhanced FY 1998 state aid is greater than  2,943        

that sum, then the department shall pay the district in fiscal     2,945        

year 1999 one hundred per cent of the difference or the amount     2,946        

required by division (B)(4) of this section, whichever is          2,947        

greater.                                                                        

      (D)(1)  The state basic aid guarantee in any fiscal year     2,949        

for a school district with a formula ADM of one hundred fifty or   2,950        

less shall be the greatest of the following amounts:               2,951        

      (a)  The district's state basic aid for the fiscal year, AS  2,953        

DEFINED IN THE VERSION OF THIS SECTION IN EFFECT THAT FISCAL       2,954        

YEAR;                                                                           

      (b)  The district's fundamental FY 1998 state aid, AS        2,956        

DEFINED IN THE VERSION OF THIS SECTION IN EFFECT THAT FISCAL       2,957        

YEAR;                                                                           

      (c)  The district's fundamental FY 1997 state aid, AS        2,959        

DEFINED IN THE VERSION OF THIS SECTION IN EFFECT THAT FISCAL       2,960        

YEAR.                                                                           

      (2)  If in any fiscal year the state basic aid for a school  2,962        

district with a formula ADM of one hundred fifty or less is less   2,963        

than the guarantee amount determined for the district under        2,964        

division (D)(1) of this section, the department of education       2,965        

shall pay the district the amount of the difference.               2,966        

      Sec. 3317.0216.  (A)  As used in this section:               2,975        

      (1)  "Total taxes charged and payable for current expenses"  2,978        

means the sum of the taxes charged and payable as certified under  2,979        

division (A)(3) of section 3317.021 of the Revised Code, and the   2,981        

tax liability for the preceding year under any school district     2,982        

income tax levied by the district pursuant to Chapter 5748. of     2,983        

the Revised Code to the extent the revenue from the income tax is  2,984        

allocated or apportioned to current expenses.                      2,985        

      (2)  "State equalization enhancement payments" means any     2,987        

payment made to a school district pursuant to section 3317.0215    2,988        

of the Revised Code for the preceding fiscal year.                 2,989        

      (3)  "Charge-off amount" means the product obtained by       2,991        

                                                          68     


                                                                 
multiplying two and three-tenths per cent by adjusted total        2,992        

taxable value.                                                     2,993        

      (4)  "Total receipts available for current expenses" of a    2,996        

school district means the sum of total taxes charged and payable   2,997        

for current expenses and the district's state equalization                      

enhancement payments.                                              2,998        

      (5)  "Local share of special education and related services  3,000        

additional weighted costs" has the same meaning as in division     3,003        

(C)(3) of section 3317.022 of the Revised Code.                                 

      (6)  "LOCAL SHARE OF VOCATIONAL EDUCATION ADDITIONAL         3,005        

WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT MEANS THE AMOUNT          3,006        

DETERMINED AS FOLLOWS:                                                          

        (1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION          3,007        

        3317.022 OF THE REVISED CODE) X TOTAL VOCATIONAL           3,008        

          EDUCATION WEIGHT AS DEFINED IN THAT SECTION X            3,010        

                       THE FORMULA AMOUNT                          3,011        

      (B)  Upon receiving the certifications under section         3,013        

3317.021 of the Revised Code, the department of education shall    3,014        

determine for each city, local, and exempted village school        3,016        

district whether the district's charge-off amount is greater than  3,017        

the district's total receipts available for current expenses, and  3,018        

if it is, shall pay the district the amount of the difference.  A  3,019        

payment shall not be made to any school district for which the     3,020        

computation under division (A) of section 3317.022 of the Revised  3,021        

Code equals zero.                                                  3,022        

      (C)(1)  If a district's charge-off amount is equal to or     3,024        

greater than its total receipts available for current expenses,    3,025        

the department shall, in addition to the payment required under    3,026        

division (B) of this section, pay the district the amount of the   3,027        

local share of special education expenses AND RELATED SERVICES     3,028        

ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF     3,029        

VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS.                    3,030        

      (2)  If a district's charge-off amount is less than its      3,032        

total receipts available for current expenses, the department      3,033        

                                                          69     


                                                                 
shall pay the district any amount by which THE SUM OF its local    3,036        

share of special education and related services additional         3,037        

weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION        3,038        

ADDITIONAL WEIGHTED COSTS exceeds its total receipts available     3,039        

for current expenses minus its charge-off amount.                               

      Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1),     3,049        

and (C) of this section, any student enrolled in kindergarten      3,050        

more than half time shall be reported as one-half student under    3,051        

this section.                                                                   

      (A)  The superintendent of each city and exempted village    3,054        

school district and of each educational service center shall, for  3,055        

the schools under the superintendent's supervision, certify to     3,056        

the state board of education on or before the fifteenth day of     3,057        

October in each year for the first full school week in October     3,058        

the formula ADM, which shall consist of the average daily          3,059        

membership during such week of the sum of the following:           3,060        

      (1)  On an FTE basis, the number of students in grades       3,063        

kindergarten through twelve receiving any educational services     3,064        

from the district, except that the following categories of         3,065        

students shall not be included in the determination:               3,066        

      (a)  Students enrolled in adult education classes;           3,068        

      (b)  Adjacent or other district students enrolled in the     3,070        

district under an open enrollment policy pursuant to section       3,071        

3313.98 of the Revised Code;                                       3,072        

      (c)  Students receiving services in the district pursuant    3,074        

to a compact, cooperative education agreement, or a contract, but  3,075        

who are entitled to attend school in another district pursuant to  3,076        

section 3313.64 or 3313.65 of the Revised Code;                    3,077        

      (d)  Students for whom tuition is payable pursuant to        3,080        

sections 3317.081 and 3323.141 of the Revised Code.                3,081        

      (2)  On an FTE basis, the number of students entitled to     3,084        

attend school in the district pursuant to section 3313.64 or       3,085        

3313.65 of the Revised Code, but receiving educational services    3,087        

in grades kindergarten through twelve from one or more of the                   

                                                          70     


                                                                 
following entities:                                                3,088        

      (a)  A community school pursuant to Chapter 3314. of the     3,091        

Revised Code or Section 50.52 of Amended Substitute House Bill     3,092        

No. 215 of the 122nd general assembly;                                          

      (b)  An alternative school pursuant to sections 3313.974 to  3,094        

3313.979 of the Revised Code as described in division (I)(2)(a)    3,096        

or (b) of this section;                                                         

      (c)  A college pursuant to Chapter 3365. of the Revised      3,098        

Code;                                                                           

      (d)  An adjacent or other school district under an open      3,101        

enrollment policy adopted pursuant to section 3313.98 of the       3,102        

Revised Code;                                                      3,103        

      (e)  An educational service center or cooperative education  3,106        

district;                                                                       

      (f)  Another school district under a cooperative education   3,109        

agreement, compact, or contract.                                                

      (3)  One-fourth of the number of students enrolled in a      3,111        

joint vocational school district or under a vocational education   3,112        

compact;                                                                        

      (4)  The number of handicapped children, other than          3,114        

handicapped preschool children, entitled to attend school in the   3,115        

district pursuant to section 3313.64 or 3313.65 of the Revised     3,117        

Code who are placed with a county MR/DD board, minus the number    3,120        

of such children placed with a county MR/DD board in fiscal year   3,121        

1998.  If this calculation produces a negative number, the number  3,123        

reported under division (A)(4) of this section shall be zero.      3,125        

      (B)  To enable the department of education to obtain the     3,128        

data needed to complete the calculation of payments pursuant to    3,129        

this chapter, in addition to the formula ADM, each superintendent  3,131        

shall report separately the following student counts:              3,132        

      (1)  The total average daily membership in regular day       3,134        

classes included in the report under division (A)(1) or (2) of     3,135        

this section for kindergarten, and each of grades one through      3,136        

twelve in schools under the superintendent's supervision;          3,138        

                                                          71     


                                                                 
      (2)  The average daily membership of all handicapped         3,140        

preschool children included in a unit approved for the district    3,141        

under section 3317.05 of the Revised Code, in accordance with      3,142        

rules adopted under that section;                                  3,143        

      (3)  The number of children entitled to attend school in     3,145        

the district pursuant to section 3313.64 or 3313.65 of the         3,146        

Revised Code who are participating in a pilot project scholarship  3,148        

program established under sections 3313.974 to 3313.979 of the     3,149        

Revised Code as described in division (I)(2)(a) or (b) of this     3,151        

section, are enrolled in a college under Chapter 3365. of the      3,152        

Revised Code, are enrolled in an adjacent or other school          3,153        

district under section 3313.98 of the Revised Code, are enrolled   3,154        

in a community school established under Chapter 3314. of the       3,156        

Revised Code or Section 50.52 of Amended Substitute House Bill     3,157        

No. 215 of the 122nd general assembly, or are participating in a   3,158        

program operated by a county MR/DD board or a state institution;   3,160        

      (4)  The number of pupils enrolled in joint vocational       3,162        

schools;                                                           3,163        

      (5)  The average daily membership of handicapped children    3,166        

reported under division (A)(1) or (2) of this section receiving    3,167        

category one special education services, described in division     3,168        

(A) of section 3317.013 of the Revised Code;                       3,169        

      (6)  The average daily membership of handicapped children    3,171        

reported under division (A)(1) or (2) of this section receiving    3,172        

category two special education services, described in division     3,173        

(B) of section 3317.013 of the Revised Code;                       3,174        

      (7)  The average daily membership of handicapped children    3,176        

reported under division (A)(1) or (2) of this section identified   3,178        

as having any of the handicaps specified in division (F)(3) of     3,179        

section 3317.02 of the Revised Code;                                            

      (8)  The average daily membership of pupils reported under   3,181        

division (A)(1) or (2) of this section enrolled in CATEGORY ONE    3,182        

vocational education programs or classes, DESCRIBED IN DIVISION    3,184        

(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the                    

                                                          72     


                                                                 
school district or by another district, other than a joint         3,185        

vocational school district, or by an educational service center;   3,186        

      (9)  THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER   3,188        

DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO    3,189        

VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION   3,190        

(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE       3,191        

SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT     3,192        

VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER;   3,193        

      (10)  The average number of children transported by the      3,196        

school district on board-owned or contractor-owned and -operated   3,197        

buses, reported in accordance with rules adopted by the            3,199        

department of education;                                                        

      (10)(11)(a)  The number of children, other than handicapped  3,202        

preschool children, the district placed with a county MR/DD board  3,203        

in fiscal year 1998;                                               3,204        

      (b)  The number of handicapped children, other than          3,206        

handicapped preschool children, placed with a county MR/DD board   3,208        

in the current fiscal year to receive category one special         3,209        

education services, described in division (A) of section 3317.013  3,211        

of the Revised Code;                                               3,212        

      (c)  The number of handicapped children, other than          3,214        

handicapped preschool children, placed with a county MR/DD board   3,216        

in the current fiscal year to receive category two special         3,217        

education services, described in division (B) of section 3317.013  3,219        

of the Revised Code;                                               3,220        

      (d)  The number of handicapped children, other than          3,222        

handicapped preschool children, placed with a county MR/DD board   3,224        

in the current fiscal year to receive category three special       3,225        

education services, described in division (F)(3) of section        3,227        

3317.02 of the Revised Code.                                       3,229        

      (C)  Except as otherwise provided in this section for        3,231        

kindergarten students, the average daily membership in divisions   3,232        

(B)(1) to (8)(9) of this section shall be based upon the number    3,234        

of full-time equivalent students.  The state board of education    3,235        

                                                          73     


                                                                 
shall adopt rules defining full-time equivalent students and for   3,236        

determining the average daily membership therefrom for the         3,238        

purposes of divisions (A) and, (B), AND (D) of this section.  No   3,239        

child shall be counted as more than a total of one child in the    3,240        

sum of the average daily memberships of a school district under    3,242        

division (A) or under, divisions (B)(1) to (8)(9), OR DIVISION     3,243        

(D) of this section.  Based on the information reported under      3,245        

this section, the department of education shall determine the                   

total student count, as defined in section 3301.011 of the         3,246        

Revised Code, for each school district.                            3,247        

      (D)(1)  The superintendent of each joint vocational and      3,249        

cooperative education school district shall certify to the         3,251        

superintendent of public instruction, in a manner prescribed by                 

the state board of education, the applicable ON OR BEFORE THE      3,252        

FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL    3,253        

WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE        3,255        

average daily memberships for all students in the joint            3,256        

vocational or cooperative education school district, MEMBERSHIP    3,258        

DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS       3,260        

RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT  3,261        

THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE  3,262        

DETERMINATION:                                                                  

      (a)  STUDENTS ENROLLED IN ADULT EDUCATION CLASSES;           3,264        

      (b)  ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS    3,266        

ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT  3,268        

TO SECTION 3313.98 OF THE REVISED CODE;                            3,269        

      (c)  STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT    3,271        

TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT  3,272        

WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED    3,274        

VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE         3,275        

TERRITORY OF THE JOINT VOCATIONAL DISTRICT;                                     

      (d)  STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO        3,277        

SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE.                3,278        

      (2)  TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE     3,280        

                                                          74     


                                                                 
DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO    3,281        

THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT  3,282        

SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN   3,283        

THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE   3,284        

FOLLOWING CATEGORIES OF STUDENTS:                                  3,285        

      (a)  STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT   3,287        

VOCATIONAL DISTRICT SCHOOLS;                                       3,288        

      (b)  HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL     3,290        

EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013  3,292        

OF THE REVISED CODE;                                                            

      (c)  HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL     3,294        

EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013  3,296        

OF THE REVISED CODE;                                                            

      (d)  HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE    3,298        

HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE   3,300        

REVISED CODE;                                                                   

      (e)  STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION    3,302        

SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE     3,303        

REVISED CODE;                                                                   

      (f)  STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION    3,305        

SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE     3,306        

REVISED CODE.                                                                   

      THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT  3,308        

SHALL also indicating INDICATE the city, local, or exempted        3,310        

village school district of residence for IN WHICH each JOINT       3,311        

VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT    3,312        

TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.                              

      (E)  In each school of each city, local, exempted village,   3,314        

joint vocational, and cooperative education school district there  3,315        

shall be maintained a record of school membership, which record    3,316        

shall accurately show, for each day the school is in session, the  3,317        

actual membership enrolled in regular day classes.  For the        3,318        

purpose of determining average daily membership, the membership    3,319        

figure of any school shall not include any pupils except those     3,320        

                                                          75     


                                                                 
pupils described by division (A) of this section.  The record of   3,322        

membership for each school shall be maintained in such manner      3,323        

that no pupil shall be counted as in membership prior to the       3,324        

actual date of entry in the school and also in such manner that    3,325        

where for any cause a pupil permanently withdraws from the school  3,326        

that pupil shall not be counted as in membership from and after    3,328        

the date of such withdrawal.  There shall not be included in the   3,329        

membership of any school any of the following:                                  

      (1)  Any pupil who has graduated from the twelfth grade of   3,332        

a public high school;                                                           

      (2)  Any pupil who is not a resident of the state;           3,334        

      (3)  Any pupil who was enrolled in the schools of the        3,337        

district during the previous school year when tests were                        

administered under section 3301.0711 of the Revised Code but did   3,338        

not take one or more of the tests required by that section and     3,339        

was not excused pursuant to division (C)(1) of that section;       3,340        

      (4)  Any pupil who has attained the age of twenty-two        3,342        

years, except for the following:                                   3,343        

      (a)  Persons suffering from tuberculosis and receiving       3,345        

treatment in any approved state, county, district, or municipal    3,346        

tuberculosis hospital who have not graduated from the twelfth      3,347        

grade of a public high school;                                     3,348        

      (b)  Veterans of the armed services whose attendance was     3,350        

interrupted before completing the recognized twelve-year course    3,351        

of the public schools by reason of induction or enlistment in the  3,352        

armed forces and who apply for reenrollment in the public school   3,353        

system of their residence not later than four years after          3,354        

termination of war or their honorable discharge.                   3,355        

      If, however, any veteran described by division (E)(4)(b) of  3,358        

this section elects to enroll in special courses organized for     3,359        

veterans for whom tuition is paid under the provisions of federal  3,360        

laws, or otherwise, that veteran shall not be included in average  3,362        

daily membership.                                                               

      Notwithstanding division (E)(3) of this section, the         3,364        

                                                          76     


                                                                 
membership of any school may include a pupil who did not take a    3,365        

test required by section 3301.0711 of the Revised Code if the      3,366        

superintendent of public instruction grants a waiver from the      3,367        

requirement to take the test to the specific pupil.  The           3,368        

superintendent may grant such a waiver only for good cause in      3,369        

accordance with rules adopted by the state board of education.     3,370        

      The average daily membership figure of any local, city, or   3,372        

exempted village, OR JOINT VOCATIONAL school district shall be     3,373        

determined by dividing the figure representing the sum of the      3,375        

number of pupils enrolled during each day the school of            3,376        

attendance is actually open for instruction during the first full  3,377        

school week in October by the total number of days the school was  3,378        

actually open for instruction during that week.  For purposes of   3,379        

state funding, "enrolled" persons are only those pupils who are    3,380        

attending school, those who have attended school during the        3,381        

current school year and are absent for authorized reasons, and     3,382        

those handicapped children currently receiving home instruction.   3,383        

      The average daily membership figure of any joint vocational  3,385        

or cooperative education school district shall be determined in    3,386        

accordance with rules adopted by the state board of education.     3,387        

      (F)(1)  If the formula ADM for the first full school week    3,390        

in February is at least three per cent greater than that           3,391        

certified for the first full school week in the preceding          3,392        

October, the superintendent of schools of any city or, exempted    3,393        

village, OR JOINT VOCATIONAL school district or educational        3,395        

service center shall certify such increase to the superintendent   3,396        

of public instruction.  Such certification shall be submitted no   3,397        

later than the fifteenth day of February.  For the balance of the  3,398        

fiscal year, beginning with the February payments, the             3,399        

superintendent of public instruction shall use the increased       3,400        

formula ADM in calculating or recalculating the amounts to be      3,401        

allocated in accordance with section 3317.022 OR 3317.16 of the    3,403        

Revised Code.  In no event shall the superintendent use an         3,404        

increased membership certified to the superintendent after the     3,405        

                                                          77     


                                                                 
fifteenth day of February.                                         3,406        

      (2)  If during the first full school week in February the    3,408        

total number of units for handicapped preschool children that are  3,411        

eligible for approval under division (B) of section 3317.05 of     3,412        

the Revised Code exceeds the number of such units that have been   3,413        

approved for the year under such division, the superintendent of   3,414        

schools of any city, exempted village, or cooperative education    3,415        

school district or educational service center shall make the       3,416        

certifications required by this section for such week.  If the     3,417        

state board of education determines additional units can be        3,418        

approved for the fiscal year within any limitations set forth in   3,419        

the acts appropriating moneys for the funding of such units, the   3,421        

board shall approve additional units for the fiscal year on the    3,422        

basis of such average daily membership.  For each unit so                       

approved, the department of education shall pay an amount          3,423        

computed in the manner prescribed in section 3317.161 or 3317.19   3,425        

and section 3317.162 of the Revised Code.                                       

      (3)  If during the first full school week in February the    3,427        

total number of special education units that are eligible for      3,428        

approval under division (D)(1) of section 3317.05 of the Revised   3,429        

Code for a joint vocational school district exceeds the number of  3,430        

those units that have been approved for the year under that        3,431        

division, the superintendent of the district shall make the                     

certifications required by this section for that week.  If the     3,432        

state board of education determines additional units can be        3,433        

approved for the fiscal year within any limitations set forth in   3,434        

the acts appropriating moneys for the funding of such units, the   3,435        

state board shall approve additional units for the fiscal year on  3,436        

the basis of the average daily membership certified.  For each                  

unit approved, the department of education shall pay an amount     3,437        

computed in the manner prescribed by section 3317.16 of the        3,438        

Revised Code.                                                                   

      (G)(1)(a)  The superintendent of an institution operating a  3,440        

special education program pursuant to section 3323.091 of the      3,441        

                                                          78     


                                                                 
Revised Code shall, for the programs under such superintendent's   3,443        

supervision, certify to the state board of education the average   3,444        

daily membership of all handicapped children in classes or         3,445        

programs approved annually by the state board of education, in     3,446        

the manner prescribed by the superintendent of public              3,447        

instruction.                                                                    

      (b)  The superintendent of an institution with vocational    3,450        

education units approved under division (A) of section 3317.05 of  3,451        

the Revised Code shall, for the units under the superintendent's   3,453        

supervision, certify to the state board of education the average   3,454        

daily membership in those units, in the manner prescribed by the   3,455        

superintendent of public instruction.                              3,456        

      (2)  The superintendent of each county MR/DD board that      3,458        

maintains special education classes or units approved by the       3,459        

state board of education pursuant to section 3317.05 of the        3,461        

Revised Code shall do both of the following:                       3,462        

      (a)  Certify to the state board, in the manner prescribed    3,465        

by the board, the average daily membership in classes and units    3,466        

approved under division (D)(1) of section 3317.05 of the Revised   3,467        

Code for each school district that has placed children in the      3,468        

classes or units;                                                               

      (b)  Certify to the state board, in the manner prescribed    3,470        

by the board, the average daily membership in preschool            3,472        

handicapped units approved under division (B) of section 3317.05   3,474        

of the Revised Code.                                                            

      (3)  If during the first full school week in February the    3,476        

average daily membership of the classes or units maintained by     3,477        

the county MR/DD board that are eligible for approval under        3,478        

division (D)(1) of section 3317.05 of the Revised Code is greater  3,480        

than the average daily membership for the preceding October, the   3,481        

superintendent of the board shall make the certifications          3,482        

required by this section for such week and, if during the first    3,484        

full school week in February the average daily membership of the   3,485        

units maintained by the county MR/DD board that are eligible for   3,486        

                                                          79     


                                                                 
approval under division (B) of section 3317.05 of the Revised      3,487        

Code is greater than the average daily membership for the          3,488        

preceding October, the superintendent shall certify the average    3,489        

daily membership for the first full school week in February for    3,490        

such units to the state board of education.  If the state board    3,491        

determines that additional classes or units can be approved for    3,492        

the fiscal year within any limitations set forth in the acts       3,493        

appropriating moneys for the funding of such classes and units,    3,494        

the board shall approve and fund additional units for the fiscal   3,495        

year on the basis of such average daily membership.  For each                   

unit so approved, the department of education shall pay an amount  3,496        

computed in the manner prescribed in sections 3317.161 and         3,498        

3317.162 of the Revised Code.                                                   

      (H)  Except as provided in division (I) of this section,     3,501        

when any city, local, or exempted village school district          3,502        

provides instruction for a nonresident pupil whose attendance is   3,503        

unauthorized attendance as defined in section 3327.06 of the       3,504        

Revised Code, that pupil's membership shall not be included in     3,505        

that district's membership figure used in the calculation of that  3,506        

district's formula ADM or included in the determination of any     3,507        

unit approved for the district under section 3317.05 of the        3,508        

Revised Code.  The reporting official shall report separately the  3,509        

average daily membership of all pupils whose attendance in the     3,510        

district is unauthorized attendance, and the membership of each    3,511        

such pupil shall be credited to the school district in which the   3,512        

pupil is entitled to attend school under division (B) of section   3,513        

3313.64 or section 3313.65 of the Revised Code as determined by    3,514        

the department of education.                                       3,515        

      (I)(1)  A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT            3,517        

VOCATIONAL school district admitting a scholarship student of a    3,520        

pilot project district pursuant to division (C) of section                      

3313.976 of the Revised Code may count such student in its         3,521        

average daily membership.                                                       

      (2)  In any year for which funds are appropriated for pilot  3,523        

                                                          80     


                                                                 
project scholarship programs, a school district implementing a     3,524        

state-sponsored pilot project scholarship program that year        3,525        

pursuant to sections 3313.974 through 3313.979 of the Revised      3,527        

Code may count in average daily membership:                                     

      (a)  All children residing in the district and utilizing a   3,529        

scholarship to attend kindergarten in any alternative school, as   3,530        

defined in division (A)(9) of section 3313.974 of the Revised      3,531        

Code;                                                                           

      (b)  All children who were enrolled in the district in the   3,533        

preceding year who are utilizing a scholarship to attend any such  3,534        

alternative school.                                                3,535        

      (J)  THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION        3,537        

SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC      3,538        

INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF          3,539        

EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL        3,540        

STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING    3,541        

THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS               

ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE  3,542        

REVISED CODE.                                                                   

      Sec. 3317.033.  In accordance with rules which the state     3,551        

board of education shall adopt, each joint vocational school       3,553        

district shall do both of the following:                                        

      (A)  Maintain a record of district membership of any         3,556        

persons who are not eligible to be included in the average daily   3,557        

membership determined under division (D) of section 3317.03 of     3,559        

the Revised Code and who are participating in a program funded     3,561        

with a secondary vocational education job-training unit approved   3,562        

under division (A) of section 3317.05 of the Revised Code;                      

      (B)  Annually certify to the state board of education the    3,564        

number of persons for whom a record is maintained under division   3,565        

(A) of this section.  These numbers shall be reported for each     3,566        

unit and on a full-time equivalent basis.                          3,567        

      Sec. 3317.05.  (A)  For the purpose of calculating payments  3,577        

under sections 3317.16, 3317.161, and 3317.162 of the Revised      3,579        

                                                          81     


                                                                 
Code, the state board of education shall determine for each joint  3,580        

vocational school district and institution, by the last day of     3,581        

January of each year and based on information certified under      3,582        

section 3317.03 of the Revised Code, the number of vocational      3,584        

education units or fractions of units approved by the state board  3,585        

on the basis of standards and rules adopted by the state board.    3,586        

As used in this division, "institution" means an institution       3,587        

operated by a department specified in section 3323.091 of the      3,588        

Revised Code and that provides vocational education programs       3,589        

under the supervision of the division of vocational education of   3,590        

the department of education that meet the standards and rules for  3,591        

these programs, including licensure of professional staff          3,592        

involved in the programs, as established by the state board of     3,593        

education.                                                                      

      (B)  For the purpose of calculating payments under sections  3,596        

3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the  3,597        

state board shall determine, based on information certified under  3,599        

section 3317.03 of the Revised Code, the following by the last     3,600        

day of January of each year for each educational service center,   3,602        

for each school district, including each cooperative education     3,603        

school district, for each institution eligible for payment under   3,604        

section 3323.091 of the Revised Code, and for each county MR/DD    3,605        

board:  the number of classes operated by the school district,     3,606        

service center, institution, or county MR/DD board for             3,607        

handicapped preschool children, or fraction thereof, including in  3,609        

the case of a district or service center that is a funding agent,  3,610        

classes taught by a licensed teacher employed by that district or  3,611        

service center under section 3313.841 of the Revised Code,         3,612        

approved annually by the state board on the basis of standards     3,613        

and rules adopted by the state board.                              3,614        

      (C)  For the purpose of calculating payments under sections  3,616        

3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the  3,619        

state board shall determine, based on information certified under  3,620        

section 3317.03 of the Revised Code, the following by the last     3,621        

                                                          82     


                                                                 
day of January of each year for each school district, including    3,623        

each cooperative education school district, for each institution   3,624        

eligible for payment under section 3323.091 of the Revised Code,   3,625        

and for each county MR/DD board:  the number of preschool          3,627        

handicapped related services units for child study, occupational,  3,628        

physical, or speech and hearing therapy, special education         3,629        

supervisors, and special education coordinators approved annually  3,630        

by the state board on the basis of standards and rules adopted by  3,631        

the state board.                                                                

      (D)  For the purpose of calculating payments under sections  3,634        

3317.16, 3317.161, and 3317.162 of the Revised Code, the state     3,636        

board shall determine, based on information certified under        3,637        

section 3317.03 of the Revised Code, the following by the last     3,638        

day of January of each year for each joint vocational school       3,639        

district, for each institution eligible for payment under section  3,640        

3323.091 of the Revised Code, and for each county MR/DD board:     3,641        

      (1)  The number of classes operated by a joint vocational    3,643        

school district, AN institution, or county MR/DD board for         3,645        

handicapped children other than handicapped preschool children,    3,646        

or fraction thereof, approved annually by the state board on the   3,648        

basis of standards and rules adopted by the state board;                        

      (2)  The number of related services units for children       3,650        

other than handicapped preschool children for child study,         3,651        

occupational, physical, or speech and hearing therapy, special     3,652        

education supervisors, and special education coordinators          3,653        

approved annually by the state board on the basis of standards     3,655        

and rules adopted by the state board.                                           

      (E)  All of the arithmetical calculations made under this    3,657        

section shall be carried to the second decimal place.  The total   3,658        

number of units for school districts, service centers, and         3,660        

institutions approved annually by the state board under this       3,661        

section shall not exceed the number of units included in the       3,662        

state board's estimate of cost for these units and appropriations  3,664        

made for them by the general assembly.                             3,665        

                                                          83     


                                                                 
      In the case of units described in division (D)(1) of this    3,668        

section operated by county MR/DD boards and institutions eligible  3,670        

for payment under section 3323.091 of the Revised Code, the state  3,671        

board shall approve only units for persons who are under age       3,672        

twenty-two on the first day of the academic year, but not less     3,673        

than six years of age on the thirtieth day of September of that    3,674        

year, except that such a unit may include one or more children     3,675        

who are under six years of age on the thirtieth day of September   3,676        

if such children have been admitted to the unit pursuant to rules  3,677        

of the state board.  In the case of handicapped preschool units    3,678        

described in division (B) of this section operated by county       3,680        

MR/DD boards and institutions eligible for payment under section   3,681        

3323.091 of the Revised Code, the state board shall approve only   3,682        

preschool units for children who are under age six but not less    3,683        

than age three on the thirtieth day of September of the academic   3,684        

year, except that such a unit may include one or more children     3,685        

who are under age three or are age six or over on the thirtieth    3,686        

day of September if such children have been admitted to the unit   3,687        

pursuant to rules of the state board of education.  The number of  3,688        

units for county MR/DD boards and institutions eligible for        3,690        

payment under section 3323.091 of the Revised Code approved by     3,691        

the state board under this section shall not exceed the number                  

that can be funded with appropriations made for such purposes by   3,692        

the general assembly.                                              3,693        

      No unit shall be approved under divisions (B) to (D) of      3,696        

this section unless a plan has been submitted and approved under   3,697        

Chapter 3323. of the Revised Code.                                              

      (F)  For fiscal year 1999 only, the department shall         3,699        

approve units or fractions thereof for gifted children on the      3,700        

basis of standards and rules adopted by the board.                 3,701        

      Sec. 3317.051.  (A)(1)  Notwithstanding sections 3317.05     3,710        

and 3317.11 of the Revised Code, a unit funded pursuant to         3,711        

division (P)(1) of section 3317.024 or division (A)(2) of section  3,713        

3317.161 of the Revised Code shall not be approved for state       3,714        

                                                          84     


                                                                 
funding in one school district, including any joint vocational or  3,715        

cooperative education school district or any educational service   3,716        

center, to the extent that such unit provides programs in or       3,717        

services to another district which receives payment pursuant to    3,718        

section 3317.04 of the Revised Code.                               3,719        

      (2)  Any city, local, exempted village, or cooperative       3,722        

education school district or any educational service center may    3,723        

combine partial unit eligibility for handicapped preschool         3,724        

programs pursuant to section 3317.05 of the Revised Code, and      3,725        

such combined partial units may be approved for state funding in   3,727        

one school district or service center.                             3,728        

      (B)  After units have been initially approved for any        3,730        

fiscal year under section 3317.05 of the Revised Code, no unit     3,732        

shall be subsequently transferred from a school district or        3,734        

educational service center to another city, exempted village,      3,735        

local, joint vocational, or cooperative education school district  3,736        

or educational service center or to an institution or county       3,739        

MR/DD board solely for the purpose of reducing the financial                    

obligations of the school district in a fiscal year it receives    3,740        

payment pursuant to section 3317.04 of the Revised Code.           3,741        

      Sec. 3317.06.  Moneys paid to school districts under         3,750        

division (L) of section 3317.024 of the Revised Code shall be      3,752        

used for the following independent and fully severable purposes:                

      (A)  To purchase such secular textbooks OR ELECTRONIC        3,754        

TEXTBOOKS as have been approved by the superintendent of public    3,756        

instruction for use in public schools in the state and to loan     3,757        

such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending         3,759        

nonpublic schools within the district or to their parents and to   3,760        

hire clerical personnel to administer such lending program.  Such  3,761        

loans shall be based upon individual requests submitted by such    3,762        

nonpublic school pupils or parents.  Such requests shall be        3,763        

submitted to the school district in which the nonpublic school is  3,764        

located.  Such individual requests for the loan of textbooks OR    3,765        

ELECTRONIC TEXTBOOKS shall, for administrative convenience, be     3,766        

                                                          85     


                                                                 
submitted by the nonpublic school pupil or the pupil's parent to   3,768        

the nonpublic school, which shall prepare and submit collective    3,769        

summaries of the individual requests to the school district.  As   3,770        

used in this section, "textbook:                                   3,771        

      (1)  "TEXTBOOK" means any book or book substitute which      3,774        

THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text   3,775        

substitute, OR TEXT SUPPLEMENT in a particular class or program    3,777        

in the school the pupil regularly attends.                         3,778        

      (2)  "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE,          3,780        

INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER            3,781        

COURSEWARE, LOCAL AND REMOTE COMPUTER-ASSISTED INSTRUCTION,        3,782        

ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING    3,783        

INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE        3,784        

LEARNING PROCESS THROUGH ELECTRONIC MEANS.                                      

      (B)  To provide speech and hearing diagnostic services to    3,786        

pupils attending nonpublic schools within the district.  Such      3,787        

service shall be provided in the nonpublic school attended by the  3,788        

pupil receiving the service.                                       3,789        

      (C)  To provide physician, nursing, dental, and optometric   3,791        

services to pupils attending nonpublic schools within the          3,792        

district.  Such services shall be provided in the school attended  3,793        

by the nonpublic school pupil receiving the service.               3,794        

      (D)  To provide diagnostic psychological services to pupils  3,796        

attending nonpublic schools within the district.  Such services    3,797        

shall be provided in the school attended by the pupil receiving    3,798        

the service.                                                       3,799        

      (E)  To provide therapeutic psychological and speech and     3,801        

hearing services to pupils attending nonpublic schools within the  3,802        

district.  Such services shall be provided in the public school,   3,803        

in nonpublic schools, in public centers, or in mobile units        3,804        

located on or off of the nonpublic premises.  If such services     3,805        

are provided in the public school or in public centers,            3,806        

transportation to and from such facilities shall be provided by    3,807        

the school district in which the nonpublic school is located.      3,808        

                                                          86     


                                                                 
      (F)  To provide guidance and counseling services to pupils   3,810        

attending nonpublic schools within the district.  Such services    3,811        

shall be provided in the public school, in nonpublic schools, in   3,812        

public centers, or in mobile units located on or off of the        3,814        

nonpublic premises.  If such services are provided in the public   3,815        

school or in public centers, transportation to and from such       3,816        

facilities shall be provided by the school district in which the   3,817        

nonpublic school is located.                                                    

      (G)  To provide remedial services to pupils attending        3,819        

nonpublic schools within the district.  Such services shall be     3,820        

provided in the public school, in nonpublic schools, in public     3,821        

centers, or in mobile units located on or off of the nonpublic     3,822        

premises.  If such services are provided in the public school or   3,824        

in public centers, transportation to and from such facilities      3,825        

shall be provided by the school district in which the nonpublic    3,826        

school is located.                                                              

      (H)  To supply for use by pupils attending nonpublic         3,828        

schools within the district such standardized tests and scoring    3,829        

services as are in use in the public schools of the state;         3,830        

      (I)  To provide programs for children who attend nonpublic   3,832        

schools within the district and are handicapped children as        3,833        

defined in division (A) of section 3323.01 of the Revised Code or  3,834        

gifted children.  Such programs shall be provided in the public    3,835        

school, in nonpublic schools, in public centers, or in mobile      3,836        

units located on or off of the nonpublic premises.  If such        3,839        

programs are provided in the public school or in public centers,   3,840        

transportation to and from such facilities shall be provided by    3,841        

the school district in which the nonpublic school is located.      3,842        

      (J)  To hire clerical personnel to assist in the             3,844        

administration of programs pursuant to divisions (B), (C), (D),    3,845        

(E), (F), (G), and (I) of this section and to hire supervisory     3,846        

personnel to supervise the providing of services and textbooks     3,847        

pursuant to this section.;                                         3,848        

      (K)  To purchase any secular, neutral, and nonideological    3,850        

                                                          87     


                                                                 
computer software (INCLUDING SITE-LICENSING), prerecorded video    3,852        

laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and      3,853        

video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED  3,855        

TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or                     

science equipment and materials, INSTRUCTIONAL MATERIALS, AND      3,858        

SCHOOL LIBRARY MATERIALS that are in general use in the public     3,859        

schools of the state and loan such computer software, prerecorded  3,860        

video laserdiscs, compact discs, and video cassette cartridges,    3,862        

equipment, and materials ITEMS to pupils attending nonpublic       3,864        

schools within the district or to their parents, and to hire       3,865        

clerical personnel to administer the lending program.  Only        3,866        

computer software, prerecorded video laserdiscs, compact discs,    3,868        

and video cassette cartridges, equipment, and materials SUCH       3,870        

ITEMS that are incapable of diversion to religious use and that    3,872        

are susceptible of loan to individual pupils and are furnished     3,873        

for the use of individual pupils shall be purchased and loaned     3,874        

under this division.  AS USED IN THIS SECTION, "INSTRUCTIONAL                   

MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR,     3,875        

NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO     3,876        

THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL    3,877        

RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET             3,878        

COMMISSION.                                                                     

      (L)  To purchase instructional equipment, including          3,880        

computer hardware, for use by pupils attending nonpublic schools   3,882        

within the district, if such usage only occurs when these pupils   3,884        

are being provided the secular remedial, diagnostic, or            3,885        

therapeutic services pursuant to division (B), (D), (E), (F),      3,887        

(G), or (I) of this section.;                                                   

      (M)  To purchase mobile units to be used for the provision   3,890        

of services pursuant to divisions (E), (F), (G), and (I) of this   3,893        

section and to pay for necessary repairs and operating costs       3,894        

associated with these units.                                       3,895        

      Clerical and supervisory personnel hired pursuant to         3,897        

division (J) of this section shall perform their services in the   3,898        

                                                          88     


                                                                 
public schools, in nonpublic schools, public centers, or mobile    3,899        

units where the services are provided to the nonpublic school      3,901        

pupil, except that such personnel may accompany pupils to and      3,902        

from the service sites when necessary to ensure the safety of the  3,903        

children receiving the services.                                   3,904        

      Health services provided pursuant to divisions (B), (C),     3,906        

(D), and (E) of this section may be provided under contract with   3,907        

the department of health, city or general health districts, or     3,908        

private agencies whose personnel are properly licensed by an       3,909        

appropriate state board or agency.                                 3,910        

      Transportation of pupils provided pursuant to divisions      3,912        

(E), (F), (G), and (I) of this section shall be provided by the    3,913        

school district from its general funds and not from moneys paid    3,914        

to it under division (L) of section 3317.024 of the Revised Code   3,916        

unless a special transportation request is submitted by the                     

parent of the child receiving service pursuant to such divisions.  3,917        

If such an application is presented to the school district, it     3,918        

may pay for the transportation from moneys paid to it under        3,919        

division (L) of section 3317.024 of the Revised Code.              3,920        

      No school district shall provide health or remedial          3,922        

services to nonpublic school pupils as authorized by this section  3,923        

unless such services are available to pupils attending the public  3,924        

schools within the district.                                       3,925        

      Materials, equipment, computer software, textbooks,          3,927        

ELECTRONIC TEXTBOOKS, and health and remedial services provided    3,929        

for the benefit of nonpublic school pupils pursuant to this        3,930        

section and the admission of pupils to such nonpublic schools      3,931        

shall be provided without distinction as to race, creed, color,    3,932        

or national origin of such pupils or of their teachers.            3,933        

      No school district shall provide services for use in         3,935        

religious courses, devotional exercises, religious training, or    3,936        

any other religious activity.                                      3,937        

      As used in this section, "parent" includes a person          3,939        

standing in loco parentis to a child.                              3,940        

                                                          89     


                                                                 
      Notwithstanding section 3317.01 of the Revised Code,         3,942        

payments shall be made under this section to any city, local, or   3,943        

exempted village school district within which is located one or    3,944        

more nonpublic elementary or high schools.                         3,945        

      The allocation of payments for materials, equipment,         3,947        

textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial     3,948        

services to city, local, and exempted village school districts     3,950        

shall be on the basis of the state board of education's estimated  3,951        

annual average daily membership in nonpublic elementary and high   3,952        

schools located in the district.                                   3,953        

      Payments made to city, local, and exempted village school    3,955        

districts under this section shall be equal to specific            3,956        

appropriations made for the purpose.  All interest earned by a     3,957        

school district on such payments shall be used by the district     3,958        

for the same purposes and in the same manner as the payments may   3,959        

be used.                                                           3,960        

      The department of education shall adopt guidelines and       3,962        

procedures under which such programs and services shall be         3,963        

provided, under which districts shall be reimbursed for            3,964        

administrative costs incurred in providing such programs and       3,965        

services, and under which any unexpended balance of the amounts    3,966        

appropriated by the general assembly to implement this section     3,967        

may be transferred to the auxiliary services personnel             3,968        

unemployment compensation fund established pursuant to section     3,969        

4141.47 of the Revised Code.  The department shall also adopt      3,970        

guidelines and procedures limiting the purchase and loan of        3,971        

computer software, equipment, and materials under THE ITEMS        3,972        

DESCRIBED IN division (K) of this section to items that are in     3,974        

general use in the public schools of the state, that are           3,975        

incapable of diversion to religious use, and that are susceptible  3,976        

to individual use rather than classroom use.  Within thirty days   3,977        

after the end of each biennium, each board of education shall      3,978        

remit to the department all moneys paid to it under division (L)   3,979        

of section 3317.024 of the Revised Code and any interest earned    3,980        

                                                          90     


                                                                 
on those moneys that are not required to pay expenses incurred     3,981        

under this section during the biennium for which the money was     3,982        

appropriated and during which the interest was earned.  If a       3,983        

board of education subsequently determines that the remittal of    3,984        

moneys leaves the board with insufficient money to pay all valid   3,985        

expenses incurred under this section during the biennium for       3,986        

which the remitted money was appropriated, the board may apply to  3,987        

the department of education for a refund of money, not to exceed   3,988        

the amount of the insufficiency.  If the department determines     3,989        

the expenses were lawfully incurred and would have been lawful     3,990        

expenditures of the refunded money, it shall certify its           3,991        

determination and the amount of the refund to be made to the       3,992        

administrator of the bureau of employment services who shall make  3,993        

a refund as provided in section 4141.47 of the Revised Code.       3,994        

      Sec. 3317.082.  As used in this section, "institution"       4,003        

means a residential facility that receives and cares for children  4,004        

maintained by the department of youth services and that operates   4,005        

a school chartered by the state board of education under section   4,006        

3301.16 of the Revised Code.                                       4,007        

      (A)  On or before the thirty-first day of each January and   4,009        

July, the superintendent of each institution that during the       4,010        

six-month period immediately preceding each January or July        4,011        

provided an elementary or secondary education for any child,       4,012        

other than a child receiving special education under section       4,013        

3323.091 of the Revised Code, shall prepare and submit to the      4,014        

department of education, a statement for each such child           4,015        

indicating the child's name, any school district responsible to    4,016        

pay tuition for the child as determined by the superintendent in   4,017        

accordance with division (C)(2) or (3) of section 3313.64 of the   4,018        

Revised Code, and the period of time during that six-month period  4,019        

that the child received an elementary or secondary education.  If  4,020        

any school district is responsible to pay tuition for any such     4,021        

child, the department of education, no later than the immediately  4,022        

succeeding last day of February or August, as applicable, shall    4,023        

                                                          91     


                                                                 
calculate the amount of the tuition of the district under section  4,024        

3317.08 of the Revised Code for the period of time indicated on    4,025        

the statement and do one of the following:                         4,026        

      (1)  If the tuition amount is equal to or less than the      4,028        

amount of state basic aid funds payable to the district under      4,029        

sections 3317.022 and 3317.023 of the Revised Code, pay to the     4,030        

institution submitting the statement an amount equal to the        4,031        

tuition amount, as provided under division (Q)(P) of section       4,032        

3317.024 of the Revised Code, and deduct the tuition amount from   4,033        

the state basic aid funds payable to the district, as provided     4,034        

under division (F)(2) of section 3317.023 of the Revised Code;     4,036        

      (2)  If the tuition amount is greater than the amount of     4,038        

state basic aid funds payable to the district under sections       4,039        

3317.022 and 3317.023 of the Revised Code, require the district    4,040        

to pay to the institution submitting the statement an amount       4,041        

equal to the tuition amount.                                       4,042        

      (B)  In the case of any disagreement about the school        4,044        

district responsible to pay tuition for a child pursuant to this   4,045        

section, the superintendent of public instruction shall make the   4,046        

determination in any such case in accordance with division (C)(2)  4,047        

or (3) of section 3313.64 of the Revised Code.                     4,048        

      Sec. 3317.11.  (A)  Annually, on or before a date            4,057        

designated by the state board of education, each educational       4,058        

service center governing board shall prepare a budget of           4,060        

operating expenses for the ensuing year for the service center on  4,061        

forms prepared and furnished by the state board of education and   4,062        

shall certify the budget to the state board of education,          4,063        

together with such other information as the board may require.     4,064        

Such budget shall consist of two parts.  Part (A) shall include    4,065        

the cost of the salaries, employers retirement contributions, and  4,066        

travel expenses of supervisory teachers approved by the state      4,067        

board of education.  The amount derived from the calculation for   4,068        

such units in part (A) of the governing board budget shall be the  4,069        

sum of:                                                                         

                                                          92     


                                                                 
      (1)  The sum of the minimum salaries calculated, pursuant    4,071        

to section 3317.13 of the Revised Code, for each approved          4,072        

licensed employee of the governing board;                          4,073        

      (2)  An additional salary allowance proportional to the      4,075        

length of the extended term of service not to exceed three months  4,076        

for each supervisory and child study teacher whose term of         4,077        

service in any year is extended beyond the terms of service of     4,078        

regular classroom teachers;                                        4,079        

      (3)  An allowance equal to fifteen per cent of the amount    4,081        

computed under division (A)(1) of this section;                    4,082        

      (4)  An allowance for necessary travel expenses, for each    4,084        

of the personnel approved in part (A) of the budget, limited to    4,085        

two hundred twenty-three dollars and sixteen cents per month, or   4,086        

two thousand six hundred seventy-eight dollars per year per        4,087        

person employed, whichever is the lesser.                          4,088        

      Part (B) shall include the cost of all other lawful          4,091        

expenditures of the governing board.  The state board of           4,092        

education shall review such budget and may approve, increase, or                

decrease such budget.                                              4,093        

      The governing board shall be reimbursed by the state board   4,096        

of education from state funds for the cost of part (A) of the      4,097        

budget.  The governing board shall be reimbursed by the state                   

board of education, from state funds for the cost of part (B) of   4,099        

the approved budget that is in excess of six dollars and fifty     4,100        

cents times the service center ADM.  If the governing board        4,101        

provides services to city or exempted village school districts     4,102        

pursuant to section 3313.843 of the Revised Code, the governing    4,103        

board shall be reimbursed from state funds for the cost of part    4,104        

(B) of the budget that is in excess of six dollars and fifty       4,105        

cents times the sum of the service center ADM and the client ADMs  4,107        

of the city or exempted village districts to which such services   4,108        

are provided.  The cost of part (B) not in excess of six dollars   4,109        

and fifty cents times the number of such ADM shall be apportioned  4,110        

by the state board of education among the local school districts   4,111        

                                                          93     


                                                                 
in the territory of the service center, or among all districts to  4,112        

which the governing board provides services, on the basis of the   4,114        

total number of pupils in each school district.                    4,115        

      If part (B) of the budget is in excess of that approved by   4,117        

the state board of education, the excess cost shall be             4,118        

apportioned by the state board of education among the local        4,119        

school districts in the territory of the service center on the     4,121        

basis of the total number of such pupils in each such school       4,122        

district, provided that a majority of the boards of education of   4,123        

such local school districts approve such apportionment.  The       4,124        

state board of education shall initiate and supervise the          4,125        

procedure by which the local boards shall approve or disapprove    4,126        

such apportionment.                                                             

      The amounts so apportioned shall be certified to the         4,128        

treasurers of the various school districts.  In the case of each   4,129        

district such amount shall be deducted by the state board of       4,130        

education from funds allocated to the district pursuant to         4,131        

division (E) of section 3317.023 of the Revised Code.              4,132        

      The state board of education shall certify to the director   4,134        

of budget and management for payment the total of the deductions,  4,135        

whereupon the amount shall be paid to the governing board of each  4,137        

service center, to be deposited to the credit of a separate fund,  4,139        

hereby created, to be known as the educational service center      4,140        

governing board fund.                                                           

      An educational service center may provide special education  4,143        

to students in its local districts or in client districts.  A      4,144        

service center is eligible for funding under division (J) of       4,146        

section 3317.024 of the Revised Code and eligible for state        4,147        

subsidies for the purchase of school buses under section 3317.07   4,148        

of the Revised Code.  Special education units PROGRAMS for gifted  4,150        

children may be operated by a governing board.  Vocational         4,151        

education may be provided by a governing board.  A governing       4,153        

board may conduct driver education for pupils enrolled in a high   4,154        

school for which the state board of education prescribes minimum   4,155        

                                                          94     


                                                                 
standards and which is eligible for funding under division (I) of  4,156        

section 3317.024 of the Revised Code.                                           

      Every local school district shall be provided supervisory    4,158        

services by its governing board as approved by the state board of  4,160        

education.  A city or exempted village school district shall be    4,161        

considered to be provided supervisory services by a governing      4,162        

board if it has entered into an agreement for the governing board  4,163        

to provide any services under section 3313.843 of the Revised      4,164        

Code.  Supervisory services shall not exceed one supervisory       4,166        

teacher for the first fifty classroom teachers employed in all     4,167        

districts that are provided supervisory services calculated under  4,168        

section 3317.023 of the Revised Code and one supervisory teacher   4,169        

for every additional one hundred such classroom teachers so        4,170        

calculated.  Reimbursement for such supervisory services shall be  4,171        

a deduction by the state board of education from the payment to    4,172        

the school district pursuant to division (E) of section 3317.023   4,173        

of the Revised Code.  Deductions for all supervisory services and  4,174        

extended services for supervisory and child study shall be         4,175        

apportioned among local school districts within the territory of   4,176        

the service center and any city or exempted village districts      4,177        

that have entered into agreements with a service center pursuant   4,178        

to section 3313.843 of the Revised Code by the state board of      4,179        

education on the basis of the total number of pupils in each       4,180        

school district, except that where such services are provided to   4,181        

districts other than local school districts within the service     4,183        

center territory and city or exempted village districts having                  

agreements with the service center, such charges shall be          4,184        

apportioned among all participating districts on the basis of the  4,186        

total number of pupils in each school district.  All deductions    4,187        

from state funding to school districts required for reimbursement  4,188        

of governing boards by division (E) of section 3317.023 of the     4,189        

Revised Code shall be made from the total of the payment computed  4,190        

for the district under this chapter, after making any other        4,194        

adjustments in that payment required by law.                                    

                                                          95     


                                                                 
      (B)(1)  In addition to the payments made under division (A)  4,196        

of this section, except as otherwise provided in division (C) of   4,197        

this section, the department of education shall pay each           4,198        

governing board, each fiscal year, an amount equal to thirty-four  4,199        

dollars times the sum of the service center ADM and thirty-four    4,200        

dollars times the sum of the client ADMs of all its client         4,201        

districts.                                                                      

      (2)  In addition to other payments under this section, the   4,203        

department shall pay each educational service center the amounts   4,204        

due to it from school districts pursuant to contracts, compacts,   4,205        

or agreements under which the service center furnishes services    4,206        

to the districts or their students.  In order to receive payment   4,207        

under this division, an educational service center shall furnish   4,208        

either a copy of the applicable contract, compact, or agreement    4,209        

clearly indicating the amounts of the payments, or a written       4,210        

statement of the payments owed signed by the superintendent or                  

treasurer of the responsible school district.                      4,211        

      The amounts paid to service centers under division (B)(2)    4,213        

of this section shall be deducted from payments to school          4,214        

districts pursuant to division (K)(2) of section 3317.023 of the   4,215        

Revised Code.                                                                   

      (C)  Beginning with the fiscal year that starts July 1,      4,217        

1997, in lieu of the payment specified under division (B)(1) of    4,219        

this section, each multicounty service center shall receive a                   

payment each fiscal year equal to one per cent times the formula   4,220        

amount times the sum of the service center ADM and the client      4,222        

ADMs of all its client districts.                                               

      (D)  Each city, exempted village, local, joint vocational,   4,224        

or cooperative education school district shall pay to the          4,226        

governing board of an educational service center any amounts                    

agreed to for each child enrolled in the district who receives     4,227        

special education and related services or vocational education     4,228        

from the educational service center.                                            

      (E)  As used in this section:                                4,230        

                                                          96     


                                                                 
      (1)  "Service center ADM" means the total of each of the     4,233        

following for all local school districts within the limits of an   4,234        

educational service center's territory:                                         

      (a)  The formula ADM;                                        4,236        

      (b)  The kindergarten average daily membership included in   4,239        

the formula ADM;                                                                

      (c)  Three-quarters of the number of students reported       4,241        

under division (B)(4) of section 3317.03 of the Revised Code;      4,242        

      (d)  The average daily membership of handicapped preschool   4,245        

children reported under division (B)(2) of section 3317.03 of the  4,246        

Revised Code;                                                                   

      (e)  The number of preschool students certified under        4,248        

division (B) of section 3317.032 of the Revised Code.              4,249        

      (2)  "Client ADM" means the total of each number described   4,252        

under divisions (E)(1)(a) to (e) of this section for a client      4,253        

district.                                                                       

      (3)  "Client district" means a city or exempted village      4,255        

school district that has entered into an agreement to receive      4,256        

services from a service center pursuant to section 3313.843 of     4,257        

the Revised Code.                                                               

      (4)  "Multicounty service center" means a service center     4,259        

that includes territory that formerly was included in the          4,260        

territory of at least three former service centers or county       4,261        

school districts, which former centers or districts engaged in     4,262        

one or more mergers pursuant to section 3311.053 of the Revised    4,263        

Code to form the present center.                                                

      Sec. 3317.16.  (A)  AS USED IN THIS SECTION:                 4,265        

      (1)  "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE           4,267        

CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS:      4,268        

      (a)  CALCULATE THE BASIC AID AMOUNT FOR THE DISTRICT UNDER   4,270        

DIVISION (B) OF THIS SECTION.  IF THE DISTRICT WOULD NOT RECEIVE   4,271        

ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT DIVISION, THE       4,272        

DISTRICT'S STATE SHARE PERCENTAGE IS ZERO.                         4,273        

      (b)  IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER   4,275        

                                                          97     


                                                                 
THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO  4,277        

THE FOLLOWING:                                                                  

                 COST-OF-DOING-BUSINESS FACTOR X                   4,279        

                      THE FORMULA AMOUNT X                         4,280        

                         THE FORMULA ADM                           4,281        

      THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE           4,283        

PERCENTAGE.                                                                     

      (2)  THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT        4,285        

VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER  4,286        

AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE        4,287        

REVISED CODE.                                                      4,288        

      (3)  THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT     4,290        

VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER  4,291        

AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE        4,293        

REVISED CODE.                                                                   

      (4)  THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT           4,295        

VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE       4,296        

ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL        4,297        

DISTRICTS FOR THE APPLICABLE FISCAL YEAR.                          4,298        

      (B)  THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND           4,300        

DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL        4,301        

SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE         4,302        

FOLLOWING FORMULA:                                                              

                (COST-OF-DOING-BUSINESS FACTOR X                   4,304        

               FORMULA AMOUNT X THE FORMULA ADM) -                 4,305        

             (.0065 X ADJUSTED TOTAL TAXABLE VALUE)                4,306        

      IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A          4,308        

NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO.         4,309        

      (C)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE       4,311        

VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH       4,312        

JOINT VOCATIONAL DISTRICT IN ACCORDANCE WITH THE FOLLOWING         4,313        

FORMULA:                                                                        

            STATE SHARE PERCENTAGE X FORMULA AMOUNT X              4,315        

                TOTAL VOCATIONAL EDUCATION WEIGHT                  4,316        

                                                          98     


                                                                 
      (D)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE       4,318        

SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS   4,319        

FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH  4,320        

THE FOLLOWING FORMULA:                                             4,321        

            STATE SHARE PERCENTAGE X FORMULA AMOUNT X              4,323        

                 TOTAL SPECIAL EDUCATION WEIGHT                    4,324        

      (E)(1)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE    4,326        

GIFTED EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH JOINT     4,327        

VOCATIONAL SCHOOL DISTRICT THAT COMPLIES WITH DIVISION (E)(2) OF   4,328        

THIS SECTION IN ACCORDANCE WITH THE FOLLOWING FORMULA:             4,329        

               STATE SHARE PERCENTAGE X (.1 X THE                  4,331        

            FORMULA AMOUNT) X (.1 X THE FORMULA ADM)               4,333        

      (2)  TO RECEIVE FUNDS UNDER DIVISION (E)(1) OF THIS          4,335        

SECTION, A JOINT VOCATIONAL SCHOOL DISTRICT SHALL FILE WITH THE    4,336        

DEPARTMENT OF EDUCATION, NO LATER THAN THE FIRST DAY OF OCTOBER    4,338        

OF THE FISCAL YEAR, A DISTRICT PLAN SPECIFYING THE MANNER IN       4,339        

WHICH IT WILL USE THE FUNDS TO SERVE GIFTED STUDENTS AND THE       4,341        

METHOD FOR SELECTING GIFTED STUDENTS TO PARTICIPATE IN GIFTED                   

PROGRAMS AND ACTIVITIES.                                           4,342        

      (F)  EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT   4,344        

VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND       4,345        

VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS.                  4,347        

      (G)(1)  IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL        4,349        

DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL  4,350        

SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3)(a) OF   4,352        

SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE    4,353        

FOLLOWING:                                                                      

      (a)  THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED          4,355        

SERVICES IN THE PRECEDING FISCAL YEAR;                             4,356        

      (b)  1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA     4,360        

AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO    4,361        

SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< +   4,363        

THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D) OF    4,364        

THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED    4,365        

                                                          99     


                                                                 
SERVICES ADDITIONAL WEIGHTED COSTS .                               4,366        

      (2)  A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF     4,368        

SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS   4,369        

EQUALS:                                                                         

                 (1 - STATE SHARE PERCENTAGE) X                    4,371        

                TOTAL SPECIAL EDUCATION WEIGHT X                   4,372        

                       THE FORMULA AMOUNT                          4,373        

      (H)  IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE   4,375        

TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER THIS SECTION DOES NOT  4,376        

EQUAL THE AMOUNT THAT DISTRICT RECEIVED IN FISCAL YEAR 1998 UNDER  4,378        

THE VERSION OF THIS SECTION IN EFFECT THAT YEAR, THE DEPARTMENT    4,379        

SHALL PAY THE DISTRICT AN ADDITIONAL AMOUNT EQUAL TO THE           4,380        

DIFFERENCE BETWEEN THOSE TWO AMOUNTS.                              4,381        

      Sec. 3317.162.  (A)  As used in this section:                4,390        

      (1)  "State share percentage" has the same meaning as in     4,392        

section 3317.022 of the Revised Code.                              4,393        

      (2)  "Dollar amount" means the amount shown in the           4,395        

following table for the corresponding type of unit and the         4,396        

appropriate fiscal year:                                           4,397        

                                            DOLLAR AMOUNT          4,399        

               TYPE OF UNIT                  FY 1999               4,400        

      Division (B) of section 3317.05                              4,402        

         of the Revised Code                    $8,334                          

      Division (C) of that section              $3,234             4,403        

      Division (F) of that section              $3,550             4,404        

      (3)  "Average unit amount" means the amount shown in the     4,407        

following table for the corresponding type of unit and the         4,408        

appropriate fiscal year:                                           4,410        

                                            AVERAGE UNIT AMOUNT    4,412        

                TYPE OF UNIT                    FY 1999            4,413        

      Division (B) of section 3317.05                              4,415        

         of the Revised Code                    $7,799                          

      Division (C) of that section              $2,966             4,416        

      Division (F) of that section              $3,251             4,417        

                                                          100    


                                                                 
      (B)  In the case of each unit described in division (B), OR  4,420        

(C), or (F) of section 3317.05 of the Revised Code and allocated   4,422        

to a city, local, or exempted village school district, the         4,423        

department of education, in addition to the amounts specified in   4,425        

division (P)(1) of section 3317.024 and sections 3317.16,          4,426        

3317.161, and 3317.19 of the Revised Code, shall pay a             4,428        

supplemental unit allowance equal to the sum of the following      4,429        

amounts:                                                                        

      (1)  An amount equal to 50% of the average unit amount for   4,431        

the unit;                                                                       

      (2)  An amount equal to the percentage of the dollar amount  4,433        

for the unit that equals the district's state share percentage.    4,434        

      If, prior to the fifteenth day of May of a fiscal year, a    4,436        

school district's aid computed under section 3317.022 of the       4,437        

Revised Code is recomputed pursuant to section 3317.027 or         4,438        

3317.028 of the Revised Code, the department shall also recompute  4,439        

the district's entitlement to payment under this section           4,440        

utilizing a new state share percentage.  Such new state share      4,441        

percentage shall be determined using the district's recomputed     4,442        

basic aid amount pursuant to section 3317.027 or 3317.028 of the   4,443        

Revised Code.  During the last six months of the fiscal year, the  4,444        

department shall pay the district a sum equal to one-half of the   4,445        

recomputed payment in lieu of one-half the payment otherwise                    

calculated under this section.                                     4,446        

      (C)(1)  In the case of each unit allocated to a joint        4,448        

vocational school district or AN institution pursuant to division  4,449        

(A) of section 3317.05 of the Revised Code, the department, in     4,451        

addition to the amount specified in section 3317.16 or 3317.161    4,452        

of the Revised Code, shall pay a supplemental unit allowance of    4,453        

$7,227 in fiscal year 1999.                                        4,454        

      (2)  In the case of each unit described in division (B) or   4,456        

(D)(1) of section 3317.05 of the Revised Code that is allocated    4,458        

to any entity other than a city, exempted village, or local        4,459        

school district, the department, in addition to the amount         4,460        

                                                          101    


                                                                 
specified in section 3317.161 of the Revised Code, shall pay a                  

supplemental unit allowance of $7,799 in fiscal year 1999.         4,461        

      (3)  In the case of each unit described in division (C) or   4,464        

(D)(2) of section 3317.05 of the Revised Code and allocated to     4,465        

any entity other than a city, exempted village, or local school    4,466        

district, the department, in addition to the amounts specified in  4,467        

section 3317.161 of the Revised Code, shall pay a supplemental     4,468        

unit allowance of $2,966 in fiscal year 1999.                                   

      (4)  In the case of each unit described in division (F) of   4,471        

section 3317.05 of the Revised Code and allocated to any entity    4,472        

other than a city, exempted village, or local school district,                  

the department, in addition to the amounts specified in section    4,474        

3317.161 of the Revised Code, shall pay a supplemental unit                     

allowance of $3,251 in fiscal year 1999.                           4,475        

      Sec. 3317.51.  (A)  The distance learning fund is hereby     4,484        

created in the state treasury.  The fund shall consist of moneys   4,485        

paid to the information, learning, and technology authority OHIO   4,486        

SCHOOLNET COMMISSION by any telephone company as a part of a       4,488        

settlement agreement between such company and the public           4,489        

utilities commission in fiscal year 1995 in part to establish      4,490        

distance learning throughout the state.  The authority shall       4,491        

administer the fund and expend moneys from it to finance           4,492        

technology grants to eligible schools chartered by the state       4,493        

board of education to establish distance learning in those         4,494        

schools.  Chartered schools are eligible for funds if they are     4,495        

within the service area of the telephone company.  Investment      4,496        

earnings of the fund shall be credited to the fund.                             

      (B)  For purposes of this section, "distance learning"       4,498        

means the creation of a learning environment involving a school    4,499        

setting and at least one other location outside of the school      4,500        

which allows for information available at one site to be accessed  4,501        

at the other through the use of such educational applications as   4,502        

one-way or two-way transmission of data, voice, and video,                      

singularly or in appropriate combinations.                         4,503        

                                                          102    


                                                                 
      Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of     4,512        

the Revised Code:                                                  4,513        

      (A)  "Ohio school facilities commission" means the           4,516        

commission created pursuant to section 3318.30 of the Revised      4,517        

Code.                                                                           

      (B)  "Classroom facilities" means rooms in which pupils      4,519        

regularly assemble in public school buildings to receive           4,520        

instruction and education and such facilities and building         4,521        

improvements for the operation and use of such rooms as may be     4,522        

needed in order to provide a complete educational program, and     4,523        

may include space within which a child day-care facility or a      4,524        

community resource center is housed.                               4,525        

      (C)  "Project" means a project to construct or acquire       4,527        

classroom facilities, or to reconstruct or make additions to       4,529        

existing classroom facilities, to be used for housing the          4,530        

applicable school district and its functions.                                   

      (D)  "School district" means a local, exempted village, or   4,532        

city school district as such districts are defined in Chapter      4,533        

3311. of the Revised Code, acting as an agency of state            4,534        

government, performing essential governmental functions of state   4,535        

government pursuant to sections 3318.01 and 3318.20 of the         4,536        

Revised Code.                                                                   

      (E)  "School district board" means the board of education    4,538        

of a school district.                                              4,539        

      (F)  "Net bonded indebtedness" means the difference between  4,541        

the sum of the par value of all outstanding and unpaid bonds and   4,542        

notes which a school district board is obligated to pay, any       4,544        

amounts the school district is obligated to pay under              4,545        

lease-purchase agreements entered into under section 3313.375 of   4,546        

the Revised Code, and the par value of bonds authorized by the     4,547        

electors but not yet issued, the proceeds of which can lawfully    4,548        

be used for the project, and the amount held in the sinking fund   4,549        

and other indebtedness retirement funds for their redemption.      4,550        

Notes issued for school buses in accordance with section 3327.08   4,551        

                                                          103    


                                                                 
of the Revised Code, notes issued in anticipation of the           4,552        

collection of current revenues, and bonds issued to pay final      4,553        

judgments shall not be considered in calculating the net bonded    4,554        

indebtedness.                                                                   

      "Net bonded indebtedness" does not include indebtedness      4,556        

arising from the acquisition of land to provide a site for         4,557        

classroom facilities constructed, acquired, or added to pursuant   4,558        

to sections 3318.01 to 3318.20 of the Revised Code.                4,559        

      (G)  "Board of elections" means the board of elections of    4,561        

the county containing the most populous portion of the school      4,562        

district.                                                          4,563        

      (H)  "County auditor" means the auditor of the county in     4,565        

which the greatest value of taxable property of such school        4,566        

district is located.                                               4,567        

      (I)  "Tax duplicates" means the general tax lists and        4,569        

duplicates prescribed by sections 319.28 and 319.29 of the         4,570        

Revised Code.                                                      4,571        

      (J)  "Required level of indebtedness" means:                 4,573        

      (1)  In the case of districts in the first percentile, five  4,576        

per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE    4,577        

YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER     4,578        

SECTION 3318.04 OF THE REVISED CODE.                                            

      (2)  In the case of districts ranked in a subsequent         4,580        

percentile, five per cent of THE DISTRICT'S valuation FOR THE      4,581        

YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED    4,582        

THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two   4,583        

one-hundredths of one per cent multiplied by (the percentile in    4,584        

which the district ranks minus one)<.                                           

      (K)  "Required percentage of the basic project costs" means  4,586        

one per cent of the basic project costs times the percentile in    4,588        

which the district ranks.                                                       

      (L)  "Basic project cost" means a cost amount determined in  4,590        

accordance with rules adopted under section 111.15 of the Revised  4,591        

Code by the Ohio school facilities commission.  The basic project  4,594        

                                                          104    


                                                                 
cost calculation shall take into consideration the square footage               

and cost per square foot necessary for the grade levels to be      4,595        

housed in the classroom facilities, the variation across the       4,596        

state in construction and related costs, the cost of the           4,597        

installation of site utilities and site preparation, the cost of   4,598        

insuring the project until it is completed, and the professional   4,600        

planning, administration, and design fees that a district may                   

have to pay to undertake a classroom facilities project.           4,601        

      (M)  A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT       4,604        

COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE    4,605        

REVISED CODE.                                                      4,606        

      (N)  "Child day-care facility" means space within a          4,609        

classroom facility in which the needs of infants, toddlers,        4,610        

preschool children, and school children are provided for by        4,611        

persons other than the parent or guardian of such children for     4,612        

any part of the day, including persons not employed by the school               

district operating such classroom facility.                        4,613        

      (N)(O)  "Community resource center" means space within a     4,616        

classroom facility in which comprehensive services that support    4,617        

the needs of families and children are provided by                 4,618        

community-based social service providers.                          4,619        

      (O)(P)  "Valuation" means the total value of all property    4,621        

in the district as listed and assessed for taxation on the tax     4,623        

duplicates.                                                                     

      (P)(Q)  "Percentile" means the percentile in which the       4,625        

district is ranked pursuant to division (C)(D) of section          4,627        

3318.011 of the Revised Code.                                      4,628        

      (Q)(R)  "Installation of site utilities" means the           4,630        

installation of a site domestic water system, site fire            4,632        

protection system, site gas distribution system, site sanitary     4,633        

system, site storm drainage system, and site telephone and data    4,634        

system.                                                                         

      (R)(S)  "Site preparation" means the earthwork necessary     4,637        

for preparation of the building foundation system, the paved       4,638        

                                                          105    


                                                                 
pedestrian and vehicular circulation system, playgrounds on the    4,639        

project site, and lawn and planting on the project site.           4,640        

      Sec. 3318.011.  For purposes of providing assistance under   4,649        

sections 3318.01 to 3318.20 of the Revised Code, the department    4,650        

of education shall annually do all of the following:               4,651        

      (A)  Calculate the adjusted valuation per pupil of each      4,653        

city, local, and exempted village school district according to     4,654        

the FOLLOWING formula set forth in section 3317.0213 of the        4,655        

Revised Code;:                                                     4,656        

              THE DISTRICT'S VALUATION PER PUPIL -                 4,657        

         [$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<.           4,659        

      FOR PURPOSES OF THIS CALCULATION:                            4,661        

      (1)  "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE  4,663        

TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION   4,664        

3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR.          4,666        

      (2)  "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE        4,668        

AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH  4,669        

PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION   4,670        

3317.021 OF THE REVISED CODE.                                      4,671        

      (3)  "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION      4,673        

3317.02 OF THE REVISED CODE.                                       4,674        

      (B)  CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION     4,676        

PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL         4,677        

DISTRICT FOR THE PRECEDING THREE FISCAL YEARS;                     4,678        

      (C)  Rank all such districts in order of adjusted valuation  4,680        

per pupil from the district with the lowest THREE-YEAR AVERAGE     4,681        

adjusted valuation per pupil to the district with the highest      4,683        

THREE-YEAR AVERAGE adjusted valuation per pupil;                   4,685        

      (C)(D)  Divide such ranking into percentiles with the first  4,688        

percentile containing the one per cent of school districts having  4,689        

the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per    4,690        

pupil and the one-hundredth percentile containing the one per      4,691        

cent of school districts having the highest THREE-YEAR AVERAGE     4,692        

adjusted valuation VALUATIONS per pupil;                           4,693        

                                                          106    


                                                                 
      (D)(E)  Determine the school districts that have an          4,695        

THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that    4,697        

is ARE greater than the median THREE-YEAR AVERAGE adjusted         4,698        

valuation per pupil for all school districts in the state;         4,699        

      (E)(F)  Certify the information described in divisions (A)   4,701        

to (D)(E) of this section to the Ohio school facilities            4,702        

commission.                                                        4,703        

      Sec. 3318.032.  THE PORTION OF THE BASIC PROJECT COST        4,705        

SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF:           4,706        

      (A)  THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS,     4,708        

DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME  4,709        

THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04   4,710        

OF THE REVISED CODE;                                                            

      (B)  AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET  4,712        

BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD          4,713        

APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE                    

REQUIRED LEVEL OF INDEBTEDNESS.                                    4,714        

      THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS     4,716        

SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING    4,717        

BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT     4,718        

THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE         4,719        

REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE            4,720        

PROPOSITIONS DESCRIBED IN THAT SECTION.  IF THE AMOUNT RESERVED    4,721        

AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO   4,722        

NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL    4,723        

DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE   4,724        

PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN           4,725        

ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING     4,726        

BOARD'S SUBSEQUENT APPROVAL.                                                    

      Sec. 3318.05.  The conditional approval of the Ohio school   4,735        

facilities commission for a project shall lapse and the amount     4,737        

reserved and encumbered for such project shall be released unless  4,738        

the school district board accepts such conditional approval        4,739        

within one hundred twenty days following the date of               4,740        

                                                          107    


                                                                 
certification of the conditional approval to the school district   4,741        

board and the electors of the school district vote favorably on    4,743        

both of the propositions described in divisions (A) and (B) of     4,744        

this section within one year of the date of such certification.    4,745        

The propositions described in divisions (A) and (B) of this        4,746        

section shall be combined in a single proposal.  If the district   4,748        

board or the district's electors fail to meet such requirements                 

and the amount reserved and encumbered for the district's project  4,749        

is released, the district shall be given first priority for        4,750        

project funding as such funds become available.                    4,751        

      (A)  On the question of issuing bonds of the school          4,753        

district board, for the school district's portion of the basic     4,754        

project cost, in either whatever amount may be necessary to raise  4,755        

the net bonded indebtedness of the school district to within five  4,757        

thousand dollars of the required level of indebtedness calculated  4,758        

for the year preceding the year in which the resolution declaring  4,759        

the necessity of the election is adopted, or an amount equal to    4,762        

the required percentage SCHOOL DISTRICT'S PORTION of the basic     4,764        

project costs, whichever is greater COST; and                                   

      (B)  On the question of levying a tax the proceeds of which  4,767        

shall be used to pay the cost of maintaining the classroom         4,768        

facilities included in the project, except that in any year the                 

district's THREE-YEAR AVERAGE adjusted valuation per pupil is      4,769        

greater than the state-wide median THREE-YEAR AVERAGE adjusted     4,772        

valuation per pupil, one-half of the proceeds of the tax shall be  4,773        

used for such maintenance and one-half of such proceeds shall be   4,774        

used to pay the cost of the purchase of the classroom facilities   4,775        

from PAID TO the state under the provisions of sections 3318.01    4,777        

to 3318.20 of the Revised Code.  Such tax shall be at the rate of  4,778        

one-half mill for each dollar of valuation until the purchase      4,779        

price THE STATE is paid AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE  4,780        

PROJECT COST SUPPLIED BY THE STATE, but in no case longer than     4,783        

twenty-three years.  Proceeds of the tax to be used for                         

maintenance of the classroom facilities shall be deposited into a  4,784        

                                                          108    


                                                                 
separate fund established by the school district for such          4,785        

purpose.                                                                        

      Sec. 3318.06.  After receipt of the conditional approval of  4,794        

the Ohio school facilities commission, the school district board   4,796        

by a majority of all of its members shall, if it desires to        4,797        

proceed with the project, declare all of the following by          4,798        

resolution:                                                                     

      (A)  That with a net bonded indebtedness of within five      4,800        

thousand dollars of the required level of indebtedness or by       4,801        

issuing bonds in an amount equal to the required percentage        4,802        

SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the     4,804        

district is unable to provide adequate classroom facilities        4,806        

without assistance from the state;                                              

      (B)  That to qualify for such state assistance it is         4,808        

necessary to levy a tax outside the ten-mill limitation the        4,809        

proceeds of which shall be used to pay the cost of maintaining     4,811        

the classroom facilities included in the project, except that in                

any year the district's THREE-YEAR AVERAGE adjusted valuation per  4,812        

pupil is greater than the state-wide STATEWIDE median THREE-YEAR   4,814        

AVERAGE adjusted valuation per pupil, one-half of the proceeds of  4,816        

the tax shall be used for such maintenance and one-half of such    4,817        

proceeds shall be used to pay the cost of the purchase of the      4,819        

classroom facilities from PAID TO the state;                       4,820        

      (C)  That the question of such tax levy shall be submitted   4,822        

to the electors of the school district at the next general or      4,823        

primary election, if there be a general or primary election not    4,824        

less than seventy-five and not more than ninety-five days after    4,825        

the day of the adoption of such resolution or, if not, at a        4,826        

special election to be held at a time specified in the resolution  4,827        

which shall be not less than seventy-five days after the day of    4,828        

the adoption of the resolution and which shall be in accordance    4,829        

with the requirements of section 3501.01 of the Revised Code.      4,830        

      Such resolution shall also state that the question of        4,833        

issuing bonds of the board shall be combined in a single proposal  4,834        

                                                          109    


                                                                 
with the question of such tax levy.  More than one election under  4,835        

this section may be held in any one calendar year.  Such           4,836        

resolution shall specify both of the following:                                 

      (1)  That the rate which it is necessary to levy shall be    4,838        

at the rate of one-half mill for each one dollar of valuation,     4,839        

and that such tax shall be levied until the purchase price is      4,841        

paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE        4,843        

PROJECT COST SUPPLIED BY THE STATE, but in no case longer than     4,845        

twenty-three years;                                                             

      (2)  That the proceeds of the tax shall be used to pay the   4,847        

cost of maintaining the classroom facilities included in the       4,848        

project, except in any year the district's THREE-YEAR AVERAGE      4,849        

adjusted valuation per pupil is greater than the statewide median  4,851        

THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the   4,852        

proceeds of the tax shall be used for such maintenance and         4,853        

one-half of the proceeds of the tax shall be used to pay the cost  4,854        

of the purchase of the classroom facilities from PAID TO the       4,855        

state under sections 3318.01 to 3318.20 of the Revised Code.       4,856        

      A copy of such resolution shall after its passage and not    4,858        

less than seventy-five days prior to the date set therein for the  4,859        

election be certified to the county board of elections.            4,860        

      The resolution of the school district board, in addition to  4,864        

meeting other applicable requirements of section 133.18 of the     4,865        

Revised Code, shall state that the amount of bonds to be issued    4,866        

will be either whatever amount may be necessary to raise the net   4,867        

bonded indebtedness of the school district to within five          4,868        

thousand dollars of the required level of indebtedness calculated  4,869        

for the year preceding the year in which such resolution is        4,870        

adopted or an amount equal to the required percentage SCHOOL       4,872        

DISTRICT'S PORTION of the basic project costs COST, whichever is   4,873        

greater and state that the maximum maturity of the bonds which,    4,874        

notwithstanding section 133.20 of the Revised Code, may be any     4,875        

number of years not exceeding twenty-three as determined by the    4,876        

board.  In estimating the amount of bonds to be issued, the board  4,877        

                                                          110    


                                                                 
shall take into consideration the amount of moneys then in the     4,878        

bond retirement fund and the amount of moneys to be collected for  4,879        

and disbursed from the bond retirement fund during the remainder   4,880        

of the year in which the resolution of necessity is adopted.       4,881        

      Notice of the election shall include the fact that the tax   4,883        

levy shall be at the rate of one-half mill for each one dollar of  4,884        

valuation, that the levy shall be made until the purchase price    4,886        

is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE     4,887        

PROJECT COST SUPPLIED BY THE STATE, but in no case longer than     4,890        

twenty-three years, and that the proceeds of the tax shall be      4,891        

used to pay the cost of maintaining the classroom facilities       4,892        

included in the project, except in any year the district's         4,893        

THREE-YEAR AVERAGE adjusted valuation per pupil is greater than    4,894        

the statewide median THREE-YEAR AVERAGE adjusted valuation per     4,895        

pupil, one-half of the proceeds of the tax shall be used for such  4,897        

maintenance and one-half of the proceeds of the tax shall be used  4,898        

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         4,900        

Revised Code.                                                                   

      The form of the ballot to be used at such election shall     4,902        

be:                                                                4,903        

      "A majority affirmative vote is necessary for passage.       4,905        

      Shall bonds be issued by the Board of Education of the       4,907        

............ (here insert name of school district) for the         4,908        

purpose of ............ (here insert purpose of bond issue) in     4,909        

either an amount sufficient to raise the net indebtedness of the   4,910        

school district to within five thousand dollars of ............    4,911        

(here insert five, six, or seven per cent depending on the         4,912        

district's required level of indebtedness) of the total value of   4,913        

all property in the school district as listed and assessed for     4,914        

taxation on the tax duplicate for the year ............ (here      4,915        

insert the year preceding the year in which the resolution         4,916        

declaring the necessity of the election was adopted) or an amount  4,918        

equal to ............ (here insert the required percentage of the  4,919        

                                                          111    


                                                                 
basic project costs), whichever is greater, and a levy of taxes    4,920        

be made outside of the ten-mill limitation for a maximum period    4,921        

of ............ (here insert longest maturity) years to pay the    4,922        

principal and interest of such bonds, the amount of such bonds     4,923        

being estimated to be ............ (here insert estimated amount   4,924        

of bond issue) for which the levy of taxes is estimated by the     4,925        

county auditor to average ............ (here insert number of      4,926        

mills) mills for each one dollar of valuation, which amounts to    4,927        

............ (here insert rate expressed in dollars and cents)     4,928        

for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY   4,930        

THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO     4,931        

CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT    4,933        

OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE),  4,934        

TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE  4,935        

INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF     4,936        

THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY       4,937        

TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE    4,938        

COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND    4,939        

ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED)     4,940        

MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO       4,941        

............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH   4,942        

AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF  4,943        

TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO   4,944        

PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE        4,945        

BONDS?"                                                                         

                               and                                 4,946        

      "Shall an additional levy of taxes be made for the A PERIOD  4,948        

NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............    4,949        

(HERE INSERT name of school district) SCHOOL DISTRICT, the         4,950        

proceeds of which shall be used to pay the cost of maintaining     4,953        

the classroom facilities included in the project, except that in                

any year the district's THREE-YEAR AVERAGE adjusted valuation per  4,954        

pupil is greater than the state-wide STATEWIDE median THREE-YEAR   4,956        

AVERAGE adjusted valuation per pupil, one-half of the proceeds of  4,958        

                                                          112    


                                                                 
the tax shall be used for such maintenance and one-half of such    4,959        

proceeds shall be used to pay the cost of the purchase of          4,960        

classroom facilities from PAID TO the state, at the rate of        4,962        

one-half mill for each one dollar of valuation until the purchase  4,963        

price is paid but in no case longer than twenty-three years?       4,964        

         _______________________________________________           4,966        

                 FOR THE BOND ISSUE AND TAX LEVY                   4,967        

         _______________________________________________           4,968        

                 AGAINST THE BOND ISSUE AND TAX LEVY               4,969        

         _______________________________________________   "       4,970        

      (D)  If it is necessary for the school district to acquire   4,973        

a site for the classroom facilities to be acquired pursuant to     4,974        

sections 3318.01 to 3318.20 of the Revised Code, the district      4,975        

board may propose either to issue bonds of the board or to levy a  4,976        

tax to pay for the acquisition of such site, and may combine the   4,977        

question of doing so with the questions specified in division (C)               

of this section.  Bonds issued under this division for the         4,978        

purpose of acquiring a site are a general obligation of the        4,979        

school district and are Chapter 133. securities.                   4,980        

      The form of that portion of the ballot to include the        4,982        

question of either issuing bonds or levying a tax for site         4,983        

acquisition purposes shall be one of the following:                4,984        

      (1)  "Shall bonds be issued by the board of education of     4,986        

the ............ (HERE INSERT name of the school district) for     4,987        

the purpose of .......... (purpose of the bond issue, which shall  4,989        

be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a     4,990        

site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM   4,991        

FACILITIES ASSISTANCE PROGRAM in the principal amount of           4,993        

.......... (HERE INSERT principal amount of the bond issue), to    4,994        

be repaid annually over a maximum period of .......... (HERE       4,995        

INSERT maximum number of years over which the principal of the     4,996        

bonds may be paid) years, and an annual levy of property taxes be  4,997        

made outside the ten-mill limitation, estimated by the county      4,998        

auditor to average over the repayment period of the bond issue     4,999        

                                                          113    


                                                                 
.......... (HERE INSERT number of mills) mills for each one                     

dollar of tax valuation, which amount to .......... (HERE INSERT   5,000        

rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX  5,001        

CENTS" OR "$0.36") for each one hundred dollars of valuation TO    5,003        

PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES                

ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?"                 5,004        

      (2)  "Shall an additional levy of taxes OUTSIDE THE          5,006        

TEN-MILL LIMITATION be made for the benefit of the ..........      5,007        

(HERE INSERT name of the school district) .......... SCHOOL        5,008        

DISTRICT for the purpose ......... (purpose of the levy, which     5,009        

shall be for the purpose of acquiring a site for classroom         5,010        

facilities) in the sum of ......... (HERE INSERT annual amount     5,011        

the levy is to produce) and a levy of taxes to be made outside of  5,012        

the ten-mill limitation estimated by the county auditor to         5,013        

average ........ (HERE INSERT number of mills) mills for each one  5,014        

hundred dollars of valuation, for a period of ......... (HERE      5,016        

INSERT number of years the millage is to be imposed) years?"       5,017        

      Where it is necessary to combine the question of issuing     5,019        

bonds of the school district and levying a tax as described in     5,020        

division (C) of this section with the question of issuing bonds    5,021        

of the school district for acquisition of a site, the question     5,022        

specified in division (C) of this section to be voted on shall be  5,023        

"For the Bond Issues and the Tax Levy" and "Against the Bond                    

Issues and the Tax Levy."                                          5,024        

      Where it is necessary to combine the question of issuing     5,026        

bonds of the school district and levying a tax as described in     5,027        

division (C) of this section with the question of levying a tax    5,028        

for the acquisition of a site, the question specified in division  5,029        

(C) of this section to be voted on shall be "For the Bond Issue    5,030        

and the Tax Levies" and "Against the Bond Issue and the Tax                     

Levies."                                                           5,031        

      If a majority of those voting upon a proposition hereunder   5,033        

which includes the question of issuing bonds vote in favor         5,034        

thereof, and if the agreement provided for by section 3318.08 of   5,035        

                                                          114    


                                                                 
the Revised Code has been entered into, the school district board  5,036        

may proceed under Chapter 133. of the Revised Code, with the       5,037        

issuance of bonds or bond anticipation notes in accordance with    5,038        

the terms of the agreement.                                        5,039        

      Sec. 3318.08.  If the requisite favorable vote on the        5,048        

election is obtained, the Ohio school facilities commission, upon  5,050        

certification of the results of the election to it, shall enter    5,051        

into a written agreement with the school district board for the    5,052        

construction and sale of the project, which agreement shall        5,053        

include, but need not be limited to, the following provisions:     5,054        

      (A)  The sale and issuance of bonds or notes in              5,056        

anticipation thereof, as soon as practicable after the execution   5,057        

of the agreement, in either an amount which will raise the net     5,059        

bonded indebtedness of the school district, as of the date of the  5,060        

resolution authorizing the issuance of such bonds or notes, to     5,062        

within five thousand dollars of the required level of              5,063        

indebtedness calculated for the year preceding the year in which   5,064        

the resolution declaring the necessity of the election was         5,066        

adopted or an amount equal to the required percentage SCHOOL       5,068        

DISTRICT'S PORTION of the basic project costs, whichever is        5,069        

greater COST; provided, that if at that time the county treasurer  5,070        

of each county in which the school district is located has not     5,072        

commenced the collection of taxes on the general duplicate of      5,073        

real and public utility property for such THE year IN WHICH THE    5,074        

CONTROLLING BOARD APPROVED THE PROJECT, the school district board  5,075        

shall authorize the issuance of a first installment of bond        5,076        

anticipation notes in an amount specified by the agreement, which  5,077        

amount shall not exceed an amount necessary to raise the net       5,078        

bonded indebtedness of the school district as to OF the date of    5,079        

such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to    5,081        

within five thousand dollars of the required level of              5,083        

indebtedness for the preceding year.  In the event that a first    5,084        

installment of bond anticipation notes is issued, the school       5,085        

district board shall, as soon as practicable after the county      5,086        

                                                          115    


                                                                 
treasurer of each county in which the school district is located   5,087        

has commenced the collection of taxes on the general duplicate of  5,088        

real and public utility property for the year in which the         5,089        

resolution declaring the necessity of the election was adopted     5,090        

CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of  5,091        

a second and final installment of bond anticipation notes or a     5,092        

first and final issue of bonds.  The                               5,093        

      THE combined value of the first and second installment of    5,096        

bond anticipation notes or the value of the first and final issue  5,097        

of bonds shall be equal to either an amount which will raise the   5,098        

net indebtedness of the school district as of the date of such     5,099        

authorizing resolution to within five thousand dollars of the      5,101        

required level of indebtedness, or an amount equal to the          5,103        

required percentage SCHOOL DISTRICT'S PORTION of the BASIC         5,104        

project costs, whichever is greater COST.  The proceeds of any     5,105        

such bonds shall be used first to retire any bond anticipation     5,107        

notes.  Otherwise, the proceeds of such bonds and of any bond      5,108        

anticipation notes, except the premium and accrued interest        5,109        

thereon, shall be deposited in the school district's project       5,110        

construction fund.  In determining the amount of net BONDED        5,111        

indebtedness for the purpose of fixing the amount of an issue of   5,112        

either bonds or bond anticipation notes, gross indebtedness shall  5,113        

be reduced by moneys in the bond retirement fund only to the       5,114        

extent of the moneys therein on the first day of the year          5,115        

preceding the year in which the resolution authorizing such bonds  5,116        

or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT.        5,117        

Should there be a decrease in the tax valuation of the school      5,119        

district so that the amount of indebtedness which THAT can be      5,121        

incurred on the tax duplicates for the year in which the                        

resolution declaring the necessity of the election was adopted     5,122        

CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of  5,124        

the first installment of bond anticipation notes, there shall be   5,125        

paid from the school district's project construction fund to the   5,126        

school district's bond retirement fund to be applied against such  5,128        

                                                          116    


                                                                 
notes an amount sufficient to cause the net BONDED indebtedness    5,129        

of the school district, as of the first day of the year following  5,130        

the year in which the resolution declaring the necessity of the    5,131        

election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to    5,133        

be within five thousand dollars of the required level of                        

indebtedness for the year in which that resolution was adopted     5,134        

THE CONTROLLING BOARD APPROVED THE PROJECT.  The maximum amount    5,137        

of indebtedness to be incurred by any school district board as     5,138        

its share of the cost of the project is either an amount which     5,139        

THAT will cause its net BONDED indebtedness, as of the first day   5,141        

of the year following the year in which the resolution declaring   5,142        

the necessity of the bond issue was adopted CONTROLLING BOARD                   

APPROVED THE PROJECT, to be within five thousand dollars of the    5,144        

required level of indebtedness calculated for the year preceding   5,145        

the year in which that resolution was adopted, or an amount equal  5,148        

to the required percentage of the basic project costs, whichever   5,149        

is greater.  All bonds and bond anticipation notes shall be        5,150        

issued in accordance with Chapter 133. of the Revised Code, and    5,151        

notes may be renewed as provided in section 133.22 of the Revised  5,152        

Code.                                                                           

      (B)  The transfer of such funds of the school district       5,154        

board available for the project, together with the proceeds of     5,155        

the sale of the bonds or notes, except premium, accrued interest,  5,156        

and interest included in the amount of the issue, to the school    5,157        

district's project construction fund;                              5,158        

      (C)  The levy of the tax authorized at the election for the  5,160        

payment of maintenance costs or the cost of purchasing the         5,162        

classroom facilities PAYMENTS TO THE STATE, AS SPECIFIED IN                     

DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE;               5,164        

      (D)  Ownership of OR INTEREST IN the project during the      5,166        

period of construction, which shall be divided between the         5,167        

commission and the school district board in proportion to their    5,169        

respective contributions to the school district's project          5,170        

construction fund;                                                 5,171        

                                                          117    


                                                                 
      (E)  The transfer MAINTENANCE of the state's interest in     5,173        

the project to the school district upon completion of the project  5,175        

UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION         5,176        

3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING;             5,177        

      (F)  The insurance of the project by the school district     5,179        

from the time there is an insurable interest therein and so long   5,180        

as any part of the purchase price remains unpaid THE STATE         5,181        

RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO       5,182        

DIVISION (D) OF THIS SECTION, in such amounts and against such     5,185        

risks as the commission shall require; provided, that the cost of  5,187        

any required insurance until the project is completed shall be a   5,188        

part of the basic project cost;                                                 

      (G)  The certification by the director of budget and         5,190        

management that funds are available and have been set aside to     5,191        

meet the state's share of the basic project cost as approved by    5,193        

the controlling board pursuant to section 3318.04 of the Revised   5,194        

Code;                                                                           

      (H)  Authorization of the school district board to           5,196        

advertise for and receive construction bids for the project, for   5,197        

and on behalf of the commission, and to award contracts in the     5,199        

name of the state subject to approval by the commission;           5,200        

      (I)  Provisions for the disbursement of moneys from the      5,202        

school district's project account upon issuance by the commission  5,204        

or the commission's designated representative of vouchers for      5,205        

work done to be certified to the commission by the treasurer of    5,208        

the school district board;                                         5,209        

      (J)  Disposal of any balance left in the school district's   5,211        

project construction fund upon completion of the project;          5,213        

      (K)  Prohibition against alienation of any interest in the   5,215        

project by the school district board or its successor in interest  5,216        

without the consent of the commission so long as any part of the   5,218        

purchase price of the project remains unpaid, but in no case       5,219        

longer than twenty-three years;                                    5,220        

      (L)  Limitations upon use of the project or any part of it   5,222        

                                                          118    


                                                                 
so long as any part of the purchase price of the project remains   5,223        

unpaid, but in no case longer than twenty-three years OBLIGATIONS  5,224        

ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE         5,225        

REVISED CODE ARE OUTSTANDING;                                      5,226        

      (M)(L)  Provision for vesting absolute THE STATE'S interest  5,229        

in the project in TO the school district board when the purchase   5,230        

price has been paid or at the expiration of the period of          5,232        

twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT       5,233        

UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING;         5,234        

      (N)(M)  Provision for deposit of an executed copy of the     5,236        

agreement in the office of the commission and the office of the    5,238        

county recorder of the county or counties in which the project is  5,239        

situated;                                                          5,240        

      (O)(N)  Provision for termination of the contract and        5,242        

release of the funds encumbered at the time of the conditional     5,243        

approval, if the proceeds of the sale of the bonds of the school   5,244        

district board are not paid into the school district's project     5,245        

construction fund and if bids for the construction of the project  5,247        

have not been taken within such period after the execution of the  5,248        

agreement as may be fixed by the commission;                       5,249        

      (P)(O)  Provision for the school district to maintain the    5,251        

project in accordance with a plan approved by the commission;      5,253        

      (Q)(P)  Provision that all state funds reserved and          5,256        

encumbered to pay the state share of the cost of the project       5,257        

pursuant to section 3318.03 of the Revised Code be spent on the    5,258        

construction or acquisition of the project prior to the            5,259        

expenditure of any funds provided by the school district to pay    5,260        

for its share of the project cost, unless the school district      5,261        

certifies to the commission that expenditure by the school         5,262        

district is necessary to maintain the tax-exempt status of notes   5,263        

or bonds issued by the school district to pay for its share of     5,264        

the project cost in which case, the school district may commit to  5,265        

spend, or spend, a portion of the funds it provides;               5,266        

      (Q)  A PROVISION STIPULATING THAT THE COMMISSION MAY         5,268        

                                                          119    


                                                                 
PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE      5,269        

COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR            5,270        

CONSTRUCTION PURPOSES.  THE COMMISSION MAY PERFORM SOIL TESTS IN   5,271        

ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR                          

CONSTRUCTION PURPOSES.                                             5,272        

      Sec. 3318.081.  If the board of education of a school        5,281        

district authorized to impose a tax pursuant to section 3318.06    5,282        

of the Revised Code determines that taxable value of property      5,283        

subject to the tax has increased to the extent it will not be      5,284        

necessary to impose such tax for twenty-three years in order to    5,285        

pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF   5,286        

THE PROJECT COST SUPPLIED BY THE STATE, it may request the county  5,287        

auditor to determine the amount of the purchase price remaining    5,288        

to be paid and the estimated rate of taxation required each year   5,289        

to repay PAY such remainder in equal installments over the         5,291        

maximum number of remaining years the tax may be in effect.  The   5,292        

auditor shall make such determination upon request and certify     5,293        

the results thereof to the board of education.                     5,294        

      Upon receipt of the auditor's determination, the board of    5,296        

education may request the Ohio school facilities commission to     5,298        

enter into a supplemental agreement under which the district may   5,299        

repay PAY the remainder of the purchase price AMOUNT in annual     5,301        

amounts equal to the quotient obtained by dividing the amount      5,303        

remaining to be paid by the maximum number of remaining years the  5,304        

tax may be in effect. If such an agreement is entered into, the    5,305        

commission shall certify a copy thereof to the county auditor and  5,307        

the tax authorized by section 3318.06 of the Revised Code          5,308        

thereafter shall be levied at the rate required to make the        5,309        

annual payments required by the supplemental agreement rather      5,310        

than the rate required by such section.                            5,311        

      Sec. 3318.082.  The board of education of any school         5,320        

district imposing a tax for the purpose of paying the cost of the  5,321        

purchase of classroom facilities from the state pursuant to        5,323        

section 3318.06 of the Revised Code prior to the effective date    5,324        

                                                          120    


                                                                 
of the amendments to that section by Amended Substitute House      5,326        

Bill No. 748 of the 121st General Assembly, may enter into a       5,327        

supplemental agreement with the Ohio school facilities commission  5,328        

under which the proceeds of such tax shall be distributed in       5,330        

accordance with the requirements of section 3318.06 of the                      

Revised Code, as amended by Amended Substitute House Bill No. 748  5,333        

of the 121st general assembly.                                     5,334        

      Sec. 3318.083.  IF, AFTER THE OHIO SCHOOL FACILITIES         5,336        

COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT    5,337        

UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF  5,338        

A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN         5,339        

INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS  5,340        

ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION      5,341        

FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED  5,343        

COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE        5,344        

DISTRICT'S PROJECT CONSTRUCTION FUND.                                           

      Sec. 3318.13.  Notwithstanding any provision of sections     5,353        

5705.27 to 5705.50 of the Revised Code, the tax to be levied on    5,354        

all taxable property within a school district for the purpose of   5,355        

paying the cost of maintaining the classroom facilities included   5,356        

in the project or for paying the purchase price of the project to  5,357        

the state under the agreement provided in section 3318.08 of the   5,358        

Revised Code or the supplemental agreement provided in section     5,359        

3318.081 of the Revised Code shall be included in the budget of    5,360        

the school district for each year upon the certification to the    5,361        

county budget commission or commissions of the county or counties  5,362        

in which said school district is located, by the Ohio school       5,363        

facilities commission of the balance due the state under said      5,365        

agreement or supplemental agreement.  Such certification shall be  5,366        

made on or before the fifteenth day of July in each year.          5,367        

Thereafter, the respective county budget commissions shall treat   5,368        

such certification as an additional item on the tax budget for     5,369        

the school district as to which such certification has been made   5,370        

and shall provide for the levy therefor in the manner provided in  5,371        

                                                          121    


                                                                 
sections 5705.27 to 5705.50 of the Revised Code for tax levies     5,372        

included directly in the budgets of the subdivisions.              5,373        

      The levy of taxes shall be included in the next annual tax   5,375        

budget that is certified to the county budget commission after     5,376        

the execution of the agreement for the project.                    5,377        

      Sec. 3318.14.  Notwithstanding the provision of section      5,386        

321.31 of the Revised Code, immediately after each settlement      5,387        

with the county auditor, on presentation of the warrant of the     5,388        

county auditor therefor, the county treasurer shall pay to the     5,389        

school district the proceeds of the tax levy provided in section   5,390        

3318.13 of the Revised Code to be used to pay the cost of                       

maintaining the classroom facilities included in the project and   5,392        

pay to the Ohio school facilities commission any proceeds of the   5,394        

tax levy provided in section 3318.13 of the Revised Code to be     5,395        

applied to the unpaid purchase price of the project PAID TO THE    5,396        

STATE.                                                                          

      Sec. 3318.15.  There is hereby created the public school     5,405        

building fund within the state treasury consisting of all moneys   5,406        

received from the sale of classroom facilities pursuant to         5,407        

sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO      5,408        

DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys    5,409        

transferred or appropriated to the fund by the general assembly,   5,410        

and any grants, gifts, or contributions received by the Ohio       5,411        

school facilities commission to be used for the purposes of the    5,412        

fund.  All investment earnings of the fund shall be credited to    5,413        

the fund.                                                                       

      Moneys transferred or appropriated to the fund by the        5,415        

general assembly and moneys in the fund from grants, gifts, and    5,416        

contributions shall be used to acquire classroom facilities for    5,417        

sale to school districts pursuant to THE PURPOSES OF sections      5,420        

3318.01 to 3318.20 of the Revised Code.  The moneys in the fund                 

received from the sale of classroom facilities PAYMENTS TO THE     5,422        

STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED   5,423        

CODE shall be held in a separate account in the fund.  Such        5,424        

                                                          122    


                                                                 
moneys may be used partially to acquire additional classroom       5,425        

facilities for sale to school districts pursuant to THE PURPOSES   5,426        

OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially   5,428        

to pay bond service charges as defined in division (C) of section  5,429        

3318.21 of the Revised Code on obligations, the proceeds of which  5,430        

are deposited into the school districts facilities fund created    5,431        

in section 3318.23 of the Revised Code.                            5,432        

      Sec. 3318.16.  Title to interests THE OHIO SCHOOL            5,441        

FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property      5,442        

purchased with moneys in the school district's project             5,444        

construction fund shall be taken in the name of the state of       5,445        

Ohio.  Upon completion of the project, the title to such interest  5,446        

in real property shall be conveyed to the school district board    5,447        

and the Ohio school facilities commission shall execute and                     

deliver deeds to complete the transfer of such interests.          5,448        

      Upon completion of the project, the interest of the state    5,450        

in the project shall be transferred to the school district board,  5,452        

which interest is equal to that portion of the final cost of the   5,453        

project represented by funds contributed by the state for the      5,454        

project.  The purchase price to be paid by the school district     5,455        

board for the state's interest in the project shall be the total                

amount of funds contributed by the state for the project.          5,456        

      ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION   5,458        

3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY         5,459        

INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE        5,460        

SCHOOL DISTRICT.                                                                

      Sec. 3318.17.  A (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF  5,470        

THIS SECTION, WHEN A school district board may purchase RECEIVES   5,471        

classroom facilities ASSISTANCE from the state from time to time   5,472        

under the procedure set forth in sections 3318.01 to 3318.12 of    5,474        

the Revised Code.  The, THE levy of taxes required by section      5,475        

SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the   5,477        

rate of one-half mill for each one dollar of valuation and shall   5,478        

be for a maximum period of twenty-three years after the last       5,480        

                                                          123    


                                                                 
purchase, except that in those years in which a supplemental       5,482        

agreement authorized by section 3318.081 of the Revised Code is    5,483        

in effect, the rate shall be as prescribed for such section for    5,484        

the period during which such agreement is in effect.  Where a      5,485        

school district has purchased classroom facilities from the state  5,486        

on which any portion of the purchase price remains unpaid and it   5,487        

desires to purchase additional classroom facilities, the notice    5,488        

of election and form of ballot set forth in section 3318.06 of     5,489        

the Revised Code shall provide that the levy is an extension of    5,490        

an existing levy for a maximum period of twenty-three years.       5,491        

Where there has been more than one purchase of classroom           5,492        

facilities from the state, any proceeds of the tax to be used to   5,493        

pay the purchase price of such facilities shall be applied to the  5,494        

unpaid purchase price of the projects in the order in which they   5,495        

were purchased.                                                                 

      (B)  WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS      5,497        

3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE   5,499        

OF THIS AMENDMENT, THE LEVY SHALL:                                              

      (1)  BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR  5,501        

OF VALUATION;                                                                   

      (2)  CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS          5,503        

REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY          5,504        

SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR        5,505        

TWENTY-THREE YEARS;                                                             

      (3)  NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER   5,507        

LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED      5,508        

CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.       5,509        

      THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY    5,511        

SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY      5,512        

UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED        5,513        

CLASSROOM FACILITIES PROJECT.                                                   

      Sec. 3318.18.  The unpaid purchase price of a project MONEY  5,522        

TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION        5,523        

3318.05 OF THE REVISED CODE shall constitute an indebtedness of    5,525        

                                                          124    


                                                                 
the school district but shall not be included in the calculation   5,526        

of indebtedness under sections 133.04 and 133.06 of the Revised    5,527        

Code.  In the event all or a portion of the territory comprising   5,528        

a school district, which THAT has outstanding an indebtedness to   5,530        

the state representing the unpaid purchase price of TAX LEVY       5,532        

MONEY RESULTING FROM a project or projects, is transferred to      5,533        

another school district, or, if a new school district is created   5,534        

to include all or a portion of such school district, the           5,535        

outstanding indebtedness for MONEY OWED AS A RESULT OF each        5,536        

project shall be apportioned between the acquiring school          5,538        

district and the original school district in the ratio, as of the  5,539        

effective date of the transfer, which the assessed valuation of    5,540        

the territory transferred to the acquiring school district bears   5,541        

to the assessed valuation of the original school district.         5,542        

      The amount of the indebtedness so assumed, OR PARTIALLY      5,544        

ASSUMED, by the new school district or acquiring school district   5,546        

shall be equal to one-half mill multiplied by the total value of   5,547        

all property as listed and assessed for taxation in the original   5,548        

school district or territory transferred for each of the years     5,549        

YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS      5,550        

SPECIFIED in the PORTION OF THE agreement for payment of purchase  5,551        

price between the original school district and the state board of  5,553        

education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE      5,554        

REVISED CODE.  On or before the first day of July of each year,    5,555        

the department of taxation shall certify to the Ohio school        5,556        

facilities commission the amount of the tax duplicate of the       5,558        

original school district or territory transferred for the          5,559        

calendar year ending on the thirty-first day of December           5,560        

immediately preceding.  This tax duplicate shall be used in the    5,561        

calculation of the indebtedness so assumed.                                     

      The acquiring school district shall levy a tax outside the   5,563        

ten-mill limitation upon all property in the acquiring school      5,564        

district to pay the indebtedness so assumed until the              5,565        

indebtedness so assumed has been discharged but not longer than    5,566        

                                                          125    


                                                                 
twenty-three years after the original incurrence of the            5,567        

indebtedness, provided, that the levy in the acquiring school      5,568        

district in any year shall not exceed the levy in the original     5,569        

school district to pay the purchase price of projects acquired     5,570        

from MAKE PAYMENTS TO the state.  The proceeds of the aforesaid    5,571        

tax levy in the acquiring school district shall be applied to the  5,573        

discharge of indebtedness first incurred in point of time whether  5,574        

or not it be an indebtedness assumed from another school           5,575        

district.                                                                       

      Sec. 3318.21.  As used in sections 3318.21 to 3318.29 of     5,584        

the Revised Code:                                                  5,585        

      (A)  "Allowable costs" means all or part of the costs of a   5,587        

permanent improvement that may be financed with, and paid from     5,588        

the proceeds of, securities issued pursuant to section 133.15 of   5,589        

the Revised Code.                                                  5,590        

      (B)  "Bond proceedings" means the resolution, order, trust   5,592        

agreement, indenture, loan agreement, lease agreement, and other   5,593        

agreements, amendments and supplements to the foregoing, or any    5,594        

one or more or combination thereof, authorizing or providing for   5,595        

the terms and conditions applicable to, or providing for the       5,596        

security or liquidity of, obligations issued pursuant to section   5,597        

3318.26 of the Revised Code, and the provisions contained in the   5,598        

obligations.                                                       5,599        

      (C)  "Bond service charges" means principal, including       5,601        

mandatory sinking fund requirements for retirement of              5,602        

obligations, and interest, and redemption premium, if any,         5,603        

required to be paid by the state on obligations, and, if provided  5,604        

in the applicable bond proceedings, may include any corresponding  5,605        

lease or sublease payments to be made with respect thereto to the  5,606        

issuing authority by the state or any agency of state government.  5,607        

      (D)  "Bond service fund" means the applicable fund and       5,609        

accounts therein created for and pledged to the payment of bond    5,610        

service charges, which may be, or may be part of, either the       5,611        

school building program bond service fund created by division (R)  5,612        

                                                          126    


                                                                 
of section 3318.26 of the Revised Code or the school facilities    5,613        

bond service fund created by division (S) of section 3318.26 of    5,614        

the Revised Code, including all moneys and investments, and        5,615        

earnings from investments, credited and to be credited thereto.    5,616        

      (E)  "Issuing authority" means the treasurer of state, or    5,618        

the officer who by law performs the functions of such officer.     5,619        

      (F)  "Obligations" means bonds, notes, or other evidence of  5,621        

obligation including interest coupons pertaining thereto, issued   5,622        

pursuant to section 3318.26 of the Revised Code.                   5,623        

      (G)  "Permanent improvement" or "improvement" means a        5,625        

permanent improvement or improvement as defined under division     5,626        

(CC) of section 133.01 of the Revised Code to be used for housing  5,627        

agencies of state government, including classroom facilities as    5,628        

defined in division (B) of section 3318.01 of the Revised Code.    5,629        

      (H)  "Pledged receipts," in the case of obligations issued   5,631        

to provide moneys for the school building program assistance fund  5,632        

created in section 3318.25 of the Revised Code, means any or all   5,633        

of the following:                                                  5,634        

      (1)  Moneys in the lottery profits education fund created    5,636        

in section 3770.06 of the Revised Code appropriated by the         5,637        

general assembly and pledged for the purpose of paying bond        5,638        

service charges on one or more issuances of such obligations;      5,639        

      (2)  Accrued interest received from the sale of              5,641        

obligations;                                                       5,642        

      (3)  Income from the investment of the special funds;        5,644        

      (4)  Any gifts, grants, donations, and pledges, and          5,646        

receipts therefrom, available for the payment of bond service      5,647        

charges.                                                           5,648        

      (I)  "Pledged receipts," in the case of obligations issued   5,650        

to provide moneys for the school districts facilities fund         5,651        

created in section 3318.23 of the Revised Code, means any or all   5,652        

of the following:                                                  5,653        

      (1)  Moneys from the sale of classroom facilities accruing   5,655        

in the public school building fund created in section 3318.15 of   5,656        

                                                          127    


                                                                 
the Revised Code, which moneys are pledged for the purpose of      5,657        

paying bond service charges on one or more issuances of such       5,658        

obligations.                                                       5,659        

      (2)  Moneys accruing to the state from the repayment,        5,661        

including interest, of loans from the school districts facilities  5,662        

fund made pursuant to section 3318.24 of the Revised Code;         5,663        

      (3)  Accrued interest received from the sale of              5,665        

obligations;                                                       5,666        

      (4)  Income from the investment of the special funds;        5,668        

      (5)  Any gifts, grants, donations, and pledges, and          5,670        

receipts therefrom, available for the payment of bond service      5,671        

charges.                                                           5,672        

      (J)  "School district" means a school district as defined    5,674        

under division (D) of section 3318.01 of the Revised Code, acting  5,675        

as an agency of state government, performing essential             5,676        

governmental functions of state government pursuant to sections    5,677        

3318.21 to 3318.29 of the Revised Code.                                         

      (K)(J)  "Securities" means securities as defined under       5,679        

division (KK) in section 133.01 of the Revised Code.               5,680        

      (L)(K)  "Special funds" or "funds" means, except where the   5,682        

context does not permit, the bond service fund, and any other      5,683        

funds, including reserve funds, created under the bond             5,684        

proceedings, and either the school building program bond service   5,685        

fund created by division (R) of section 3318.26 of the Revised     5,686        

Code or the school facilities bond service fund created by         5,687        

division (S) of section 3318.26 of the Revised Code to the extent  5,688        

provided in the bond proceedings, including all moneys and         5,689        

investments, and earnings from investment, credited and to be      5,690        

credited thereto.                                                  5,691        

      Sec. 3318.25.  There is hereby created in the state          5,700        

treasury the school building program assistance fund.  The fund    5,701        

shall consist of the proceeds of obligations issued for the        5,702        

purposes of such fund pursuant to section 3318.26 of the Revised   5,703        

Code that are payable from moneys in the lottery profits           5,704        

                                                          128    


                                                                 
education fund created in section 3770.06 of the Revised Code.     5,705        

All investment earnings of the fund shall be credited to the       5,706        

fund.  Moneys in the fund shall be used as directed by the Ohio    5,707        

school facilities commission for the cost to the state of          5,709        

acquiring CONSTRUCTING classroom facilities for sale to school     5,710        

districts pursuant to UNDER sections 3318.01 to 3318.20 of the     5,711        

Revised Code.                                                      5,713        

      Sec. 3318.26.  (A)  Subject to the limitations provided in   5,722        

section 3318.29 of the Revised Code, the issuing authority, upon   5,723        

the certification by the Ohio school facilities commission to the  5,725        

issuing authority of the amount of moneys or additional moneys     5,726        

needed in the school districts facilities fund for the purpose of  5,727        

making loans for allowable costs from such fund or in the school   5,728        

building program assistance fund for the purposes of sections      5,729        

3318.01 to 3318.20 of the Revised Code, or needed for capitalized  5,730        

interest, for funding reserves, and for paying costs and expenses  5,731        

incurred in connection with the issuance, carrying, securing,      5,732        

paying, redeeming, or retirement of the obligations or any         5,733        

obligations refunded thereby, including payment of costs and       5,734        

expenses relating to letters of credit, lines of credit,           5,735        

insurance, put agreements, standby purchase agreements, indexing,  5,736        

marketing, remarketing and administrative arrangements, interest   5,737        

swap or hedging agreements, and any other credit enhancement,      5,738        

liquidity, remarketing, renewal, or refunding arrangements, all    5,739        

of which are authorized by this section, shall issue obligations   5,740        

of the state under this section in the required amount.  The       5,741        

proceeds of such obligations, except for obligations issued to     5,743        

provide moneys for the school building program assistance fund or  5,744        

except for such portion to be deposited in special funds,          5,745        

including reserve funds, as may be provided in the bond            5,746        

proceedings, shall as provided in the bond proceedings be          5,747        

deposited by the treasurer of state to the school districts        5,748        

facilities fund.  The issuing authority may appoint trustees,      5,749        

paying agents, and transfer agents and may retain the services of  5,750        

                                                          129    


                                                                 
financial advisors and accounting experts and retain or contract   5,751        

for the services of marketing, remarketing, indexing, and          5,752        

administrative agents, other consultants, and independent          5,753        

contractors, including printing services, as are necessary in the  5,754        

issuing authority's judgment to carry out this section.  The       5,755        

costs of such services are payable from the school districts       5,756        

facilities fund, the school building program assistance fund, or   5,757        

any special fund determined by the issuing authority.              5,758        

      (B)  The holders or owners of such obligations shall have    5,760        

no right to have moneys raised by taxation obligated or pledged,   5,761        

and moneys raised by taxation shall not be obligated or pledged,   5,762        

for the payment of bond service charges.  Such holders or owners   5,763        

shall have no rights to payment of bond service charges from any   5,764        

money or property received by the commission, treasurer of state,  5,767        

or the state, or from any other use of the proceeds of the sale    5,768        

of the obligations, and no such moneys may be used for the         5,769        

payment of bond service charges, except for accrued interest,      5,770        

capitalized interest, and reserves funded from proceeds received   5,771        

upon the sale of the obligations and except as otherwise           5,772        

expressly provided in the applicable bond proceedings pursuant to  5,773        

written directions by the treasurer of state.  The right of such   5,774        

holders and owners to payment of bond service charges shall be     5,775        

limited to all or that portion of the pledged receipts and those   5,776        

special funds pledged thereto pursuant to the bond proceedings in  5,777        

accordance with this section, and each such obligation shall bear  5,778        

on its face a statement to that effect.                                         

      (C)  Obligations shall be authorized by resolution or order  5,780        

of the issuing authority and the bond proceedings shall provide    5,781        

for the purpose thereof and the principal amount or amounts, and   5,782        

shall provide for or authorize the manner or agency for            5,783        

determining the principal maturity or maturities, not exceeding    5,784        

the limits specified in section 3318.29 of the Revised Code, the   5,785        

interest rate or rates or the maximum interest rate, the date of   5,786        

the obligations and the dates of payment of interest thereon,      5,787        

                                                          130    


                                                                 
their denomination, and the establishment within or without the    5,788        

state of a place or places of payment of bond service charges.     5,789        

Sections 9.98 to 9.983 of the Revised Code are applicable to       5,790        

obligations issued under this section, subject to any applicable   5,791        

limitation under section 3318.29 of the Revised Code.  The         5,792        

purpose of such obligations may be stated in the bond proceedings  5,793        

in terms describing the general purpose or purposes to be served.  5,794        

The bond proceedings shall also provide, subject to the            5,795        

provisions of any other applicable bond proceedings, for the       5,796        

pledge of all, or such part as the issuing authority may           5,797        

determine, of the pledged receipts and the applicable special      5,798        

fund or funds to the payment of bond service charges, which        5,799        

pledges may be made either prior or subordinate to other           5,800        

expenses, claims, or payments, and may be made to secure the       5,801        

obligations on a parity with obligations theretofore or            5,802        

thereafter issued, if and to the extent provided in the bond       5,803        

proceedings.  The pledged receipts and special funds so pledged    5,804        

and thereafter received by the state are immediately subject to    5,805        

the lien of such pledge without any physical delivery thereof or   5,806        

further act, and the lien of any such pledges is valid and         5,807        

binding against all parties having claims of any kind against the  5,808        

state or any governmental agency of the state, irrespective of     5,809        

whether such parties have notice thereof, and shall create a       5,810        

perfected security interest for all purposes of Chapter 1309. of   5,811        

the Revised Code, without the necessity for separation or          5,812        

delivery of funds or for the filing or recording of the bond       5,813        

proceedings by which such pledge is created or any certificate,    5,814        

statement or other document with respect thereto; and the pledge   5,815        

of such pledged receipts and special funds is effective and the    5,816        

money therefrom and thereof may be applied to the purposes for     5,817        

which pledged without necessity for any act of appropriation,      5,818        

except as required by section 3770.06 of the Revised Code.  Every  5,819        

pledge, and every covenant and agreement made with respect         5,820        

thereto, made in the bond proceedings may therein be extended to   5,821        

                                                          131    


                                                                 
the benefit of the owners and holders of obligations authorized    5,822        

by this section, and to any trustee therefor, for the further      5,823        

security of the payment of the bond service charges.               5,824        

      (D)  The bond proceedings may contain additional provisions  5,826        

as to:                                                             5,827        

      (1)  The redemption of obligations prior to maturity at the  5,829        

option of the issuing authority at such price or prices and under  5,830        

such terms and conditions as are provided in the bond              5,831        

proceedings;                                                       5,832        

      (2)  Other terms of the obligations;                         5,834        

      (3)  Limitations on the issuance of additional obligations;  5,836        

      (4)  The terms of any trust agreement or indenture securing  5,838        

the obligations or under which the same may be issued;             5,839        

      (5)  The deposit, investment and application of special      5,841        

funds, and the safeguarding of moneys on hand or on deposit,       5,842        

without regard to Chapter 131., 133., or 135. of the Revised       5,843        

Code, but subject to any special provisions of sections 3318.21    5,844        

to 3318.29 of the Revised Code, with respect to particular funds   5,845        

or moneys, provided that any bank or trust company that acts as    5,846        

depository of any moneys in the special funds may furnish such     5,847        

indemnifying bonds or may pledge such securities as required by    5,848        

the issuing authority;                                             5,849        

      (6)  Any or every provision of the bond proceedings being    5,851        

binding upon such officer, board, commission, authority, agency,   5,852        

department, or other person or body as may from time to time have  5,853        

the authority under law to take such actions as may be necessary   5,854        

to perform all or any part of the duty required by such            5,855        

provision;                                                         5,856        

      (7)  Any provision that may be made in a trust agreement or  5,859        

indenture;                                                                      

      (8)  The lease or sublease of any interest of the school     5,861        

district or the state in one or more projects as defined in        5,862        

division (C) of section 3318.01 of the Revised Code, or in one or  5,863        

more permanent improvements, to or from the issuing authority, as  5,864        

                                                          132    


                                                                 
provided in one or more lease or sublease agreements between the                

school or the state and the issuing authority;                     5,865        

      (9)  Any other or additional agreements with the holders of  5,867        

the obligations, or the trustee therefor, relating to the          5,868        

obligations or the security therefor, including in the case of     5,869        

obligations issued to provide moneys for the school district       5,870        

facilities fund the assignment of security obtained or to be       5,871        

obtained for loans under section 3318.24 of the Revised Code.      5,872        

      (E)  The obligations may have the great seal of the state    5,874        

or a facsimile thereof affixed thereto or printed thereon.  The    5,875        

obligations and any coupons pertaining to obligations shall be     5,876        

signed or bear the facsimile signature of the issuing authority.   5,877        

Any obligations or coupons may be executed by the person who, on   5,878        

the date of execution, is the proper issuing authority although    5,879        

on the date of such bonds or coupons such person was not the       5,880        

issuing authority.  In case the issuing authority whose signature  5,881        

or a facsimile of whose signature appears on any such obligation   5,882        

or coupon ceases to be the issuing authority before delivery       5,883        

thereof, such signature or facsimile is nevertheless valid and     5,884        

sufficient for all purposes as if the issuing authority had        5,885        

remained the issuing authority until such delivery; and in case    5,887        

the seal to be affixed to obligations has been changed after a     5,888        

facsimile of the seal has been imprinted on such obligations,      5,889        

such facsimile seal shall continue to be sufficient as to such     5,890        

obligations and obligations issued in substitution or exchange     5,891        

therefor.                                                                       

      (F)  All obligations are negotiable instruments and          5,893        

securities under Chapter 1308. of the Revised Code, subject to     5,894        

the provisions of the bond proceedings as to registration.  The    5,895        

obligations may be issued in coupon or in registered form, or      5,896        

both, as the issuing authority determines.  Provision may be made  5,897        

for the registration of any obligations with coupons attached      5,898        

thereto as to principal alone or as to both principal and          5,899        

interest, their exchange for obligations so registered, and for    5,900        

                                                          133    


                                                                 
the conversion or reconversion into obligations with coupons       5,901        

attached thereto of any obligations registered as to both          5,902        

principal and interest, and for reasonable charges for such        5,903        

registration, exchange, conversion, and reconversion.              5,904        

      (G)  Obligations may be sold at public sale or at private    5,906        

sale, as determined in the bond proceedings.                       5,907        

      (H)  Pending preparation of definitive obligations, the      5,909        

issuing authority may issue interim receipts or certificates       5,910        

which shall be exchanged for such definitive obligations.          5,911        

      (I)  In the discretion of the issuing authority,             5,913        

obligations may be secured additionally by a trust agreement or    5,914        

indenture between the issuing authority and a corporate trustee    5,915        

which may be any trust company or bank having its principal place  5,916        

of business within the state.  Any such agreement or indenture     5,917        

may contain the resolution or order authorizing the issuance of    5,918        

the obligations, any provisions that may be contained in any bond  5,919        

proceedings, and other provisions that are customary or            5,920        

appropriate in an agreement or indenture of such type, including,  5,921        

but not limited to:                                                5,922        

      (1)  Maintenance of each pledge, trust agreement,            5,924        

indenture, or other instrument comprising part of the bond         5,925        

proceedings until the state has fully paid the bond service        5,926        

charges on the obligations secured thereby, or provision therefor  5,927        

has been made;                                                     5,928        

      (2)  In the event of default in any payments required to be  5,930        

made by the bond proceedings, or any other agreement of the        5,931        

issuing authority made as a part of the contract under which the   5,932        

obligations were issued, enforcement of such payments or           5,933        

agreement by mandamus, the appointment of a receiver, suit in      5,934        

equity, action at law, or any combination of the foregoing;        5,935        

      (3)  The rights and remedies of the holders of obligations   5,937        

and of the trustee, and provisions for protecting and enforcing    5,938        

them, including limitations on rights of individual holders of     5,939        

obligations;                                                       5,940        

                                                          134    


                                                                 
      (4)  The replacement of any obligations that become          5,942        

mutilated or are destroyed, lost, or stolen;                       5,943        

      (5)  Such other provisions as the trustee and the issuing    5,945        

authority agree upon, including limitations, conditions, or        5,946        

qualifications relating to any of the foregoing.                   5,947        

      (J)  Any holder of obligations or a trustee under the bond   5,949        

proceedings, except to the extent that the holder's or trustee's   5,951        

rights are restricted by the bond proceedings, may by any          5,952        

suitable form of legal proceedings, protect and enforce any        5,953        

rights under the laws of this state or granted by such bond        5,954        

proceedings.  Such rights include the right to compel the          5,955        

performance of all duties of the issuing authority, the            5,956        

commission, or the director of budget and management required by   5,958        

sections 3318.21 to 3318.29 of the Revised Code or the bond        5,959        

proceedings; to enjoin unlawful activities; and in the event of    5,960        

default with respect to the payment of any bond service charges    5,961        

on any obligations or in the performance of any covenant or        5,962        

agreement on the part of the issuing authority, the commission,    5,963        

or the director of budget and management in the bond proceedings,  5,965        

to apply to a court having jurisdiction of the cause to appoint a  5,966        

receiver to receive and administer the pledged receipts and        5,967        

special funds, other than those in the custody of the treasurer    5,968        

of state or the commission, which are pledged to the payment of    5,970        

the bond service charges on such obligations or which are the      5,971        

subject of the covenant or agreement, with full power to pay, and  5,972        

to provide for payment of bond service charges on, such            5,973        

obligations, and with such powers, subject to the direction of     5,974        

the court, as are accorded receivers in general equity cases,      5,975        

excluding any power to pledge additional revenues or receipts or   5,976        

other income or moneys of the issuing authority or the state or    5,977        

governmental agencies of the state to the payment of such          5,978        

principal and interest and excluding the power to take possession  5,979        

of, mortgage, or cause the sale or otherwise dispose of any        5,980        

permanent improvement.                                             5,981        

                                                          135    


                                                                 
      Each duty of the issuing authority and the issuing           5,983        

authority's officers and employees, and of each governmental       5,984        

agency and its officers, members, or employees, undertaken         5,985        

pursuant to the bond proceedings or any agreement or loan made     5,986        

under authority of sections 3318.21 to 3318.29 of the Revised      5,987        

Code, and in every agreement by or with the issuing authority, is  5,988        

hereby established as a duty of the issuing authority, and of      5,989        

each such officer, member, or employee having authority to         5,990        

perform such duty, specifically enjoined by the law resulting      5,991        

from an office, trust, or station within the meaning of section    5,992        

2731.01 of the Revised Code.                                       5,993        

      The person who is at the time the issuing authority, or the  5,995        

issuing authority's officers or employees, are not liable in       5,996        

their personal capacities on any obligations issued by the         5,997        

issuing authority or any agreements of or with the issuing         5,998        

authority.                                                         5,999        

      (K)  The issuing authority may authorize and issue           6,001        

obligations for the refunding, including funding and retirement,   6,002        

and advance refunding with or without payment or redemption prior  6,003        

to maturity, of any obligations previously issued by the issuing   6,004        

authority.  Such obligations may be issued in amounts sufficient   6,005        

for payment of the principal amount of the prior obligations, any  6,006        

redemption premiums thereon, principal maturities of any such      6,007        

obligations maturing prior to the redemption of the remaining      6,008        

obligations on a parity therewith, interest accrued or to accrue   6,009        

to the maturity dates or dates of redemption of such obligations,  6,010        

and any allowable costs including expenses incurred or to be       6,011        

incurred in connection with such issuance and such refunding,      6,012        

funding, and retirement.  Subject to the bond proceedings          6,013        

therefor, the portion of proceeds of the sale of obligations       6,014        

issued under this division to be applied to bond service charges   6,015        

on the prior obligations shall be credited to an appropriate       6,016        

account held by the trustee for such prior or new obligations or   6,017        

to the appropriate account in the bond service fund for such       6,018        

                                                          136    


                                                                 
obligations.  Obligations authorized under this division shall be  6,019        

deemed to be issued for those purposes for which such prior        6,020        

obligations were issued and are subject to the provisions of this  6,021        

section pertaining to other obligations, except as otherwise       6,022        

provided in this section; provided that, unless otherwise          6,023        

authorized by the general assembly, any limitations imposed by     6,024        

the general assembly pursuant to this section with respect to      6,025        

bond service charges applicable to the prior obligations shall be  6,026        

applicable to the obligations issued under this division to        6,027        

refund, fund, advance refund or retire such prior obligations.     6,028        

      (L)  The authority to issue obligations under this section   6,030        

includes authority to refund or refinance any obligations          6,031        

previously issued by the state under sections 3318.21 to 3318.29   6,032        

of the Revised Code.                                               6,033        

      The authority to issue obligations under this section also   6,035        

includes authority to issue obligations in the form of bond        6,036        

anticipation notes and to renew the same from time to time by the  6,037        

issuance of new notes.  The holders of such notes or interest      6,038        

coupons pertaining thereto shall have a right to be paid solely    6,039        

from the pledged receipts and special funds that may be pledged    6,040        

to the payment of the bonds anticipated, or from the proceeds of   6,041        

such bonds or renewal notes, or both, as the issuing authority     6,042        

provides in the resolution or order authorizing such notes.  Such  6,043        

notes may be additionally secured by covenants of the issuing      6,044        

authority to the effect that the issuing authority and the state   6,045        

will do such or all things necessary for the issuance of such      6,046        

bonds or renewal notes in appropriate amount, and apply the        6,047        

proceeds thereof to the extent necessary, to make full payment of  6,048        

the principal of and interest on such notes at the time or times   6,049        

contemplated, as provided in such resolution or order.  For such   6,050        

purpose, the issuing authority may issue bonds or renewal notes    6,051        

in such principal amount and upon such terms as may be necessary   6,052        

to provide funds to pay when required the principal of and         6,053        

interest on such notes, notwithstanding any limitations            6,054        

                                                          137    


                                                                 
prescribed by or for purposes of this section.  Subject to this    6,055        

division, all provisions for and references to obligations in      6,056        

this section are applicable to notes authorized under this         6,057        

division.                                                          6,058        

      The issuing authority in the bond proceedings authorizing    6,060        

the issuance of bond anticipation notes shall set forth for such   6,061        

bonds an estimated interest rate and a schedule of principal       6,062        

payments for such bonds and the annual maturity dates thereof,     6,063        

and for purposes of any limitation on bond service charges         6,064        

prescribed under section 3318.29 of the Revised Code, the amount   6,065        

of bond service charges on such bond anticipation notes shall be   6,066        

deemed to be the bond service charges for the bonds anticipated    6,067        

thereby as set forth in the bond proceedings applicable to such    6,068        

notes, but this provision does not modify any authority in this    6,069        

section to pledge pledged receipts and special funds to, and       6,070        

covenant to issue bonds to fund, the payment of principal of and   6,071        

interest and any premium on such notes.                            6,072        

      (M)  Obligations issued under this section are lawful        6,074        

investments for banks, societies for savings, savings and loan     6,075        

associations, deposit guarantee associations, trust companies,     6,076        

trustees, fiduciaries, insurance companies, including domestic     6,077        

for life and domestic not for life, trustees or other officers     6,078        

having charge of sinking and bond retirement or other special      6,079        

funds of political subdivisions and taxing districts of this       6,080        

state, the commissioners of the sinking fund of the state, the     6,081        

administrator of workers' compensation, the state teachers         6,083        

retirement system, the public employees retirement system, the     6,084        

school employees retirement system, and the police and firemen's   6,085        

disability and pension fund, notwithstanding any other provisions  6,086        

of the Revised Code or rules adopted pursuant thereto by any       6,087        

governmental agency of the state with respect to investments by    6,088        

them, and also are acceptable as security for the deposit of       6,089        

public moneys.                                                                  

      (N)  Unless otherwise provided in any applicable bond        6,091        

                                                          138    


                                                                 
proceedings, moneys to the credit of or in the special funds       6,092        

established by or pursuant to this section may be invested by or   6,093        

on behalf of the issuing authority only in notes, bonds, or other  6,094        

obligations of the United States, or of any agency or              6,095        

instrumentality of the United States, obligations guaranteed as    6,097        

to principal and interest by the United States, obligations of     6,098        

this state or any political subdivision of this state, and         6,099        

certificates of deposit of any national bank located in this       6,101        

state and any bank, as defined in section 1101.01 of the Revised   6,102        

Code, subject to inspection by the superintendent of financial     6,103        

institutions.  If the law or the instrument creating a trust       6,105        

pursuant to division (I) of this section expressly permits         6,106        

investment in direct obligations of the United States or an        6,107        

agency of the United States, unless expressly prohibited by the    6,108        

instrument, such moneys also may be invested in no front end load  6,109        

money market mutual funds consisting exclusively of obligations    6,110        

of the United States or an agency of the United States and in      6,111        

repurchase agreements, including those issued by the fiduciary     6,112        

itself, secured by obligations of the United States or an agency   6,113        

of the United States; and in collective investment funds           6,114        

established in accordance with section 1111.14 of the Revised      6,116        

Code and consisting exclusively of any such securities,            6,117        

notwithstanding division (A)(1)(c) of that section.  The income    6,119        

from such investments shall be credited to such funds as the       6,121        

issuing authority determines, and such investments may be sold at  6,122        

such times as the issuing authority determines or authorizes.      6,123        

      (O)  Provision may be made in the applicable bond            6,125        

proceedings for the establishment of separate accounts in the      6,126        

bond service fund and for the application of such accounts only    6,127        

to the specified bond service charges on obligations pertinent to  6,128        

such accounts and bond service fund and for other accounts         6,129        

therein within the general purposes of such fund.  Unless          6,130        

otherwise provided in any applicable bond proceedings, moneys to   6,131        

the credit of or in the several special funds established          6,132        

                                                          139    


                                                                 
pursuant to this section shall be disbursed on the order of the    6,133        

treasurer of state, provided that no such order is required for    6,134        

the payment from the bond service fund when due of bond service    6,135        

charges on obligations.                                            6,136        

      (P)  The issuing authority may pledge all, or such portion   6,138        

as the issuing authority determines, of the pledged receipts to    6,139        

the payment of bond service charges on obligations issued under    6,140        

this section, and for the establishment and maintenance of any     6,141        

reserves, as provided in the bond proceedings, and make other      6,142        

provisions therein with respect to pledged receipts as authorized  6,143        

by this chapter, which provisions shall be controlling             6,144        

notwithstanding any other provisions of law pertaining thereto.    6,145        

      (Q)  The issuing authority may covenant in the bond          6,147        

proceedings, and any such covenants shall be controlling           6,148        

notwithstanding any other provision of law, that the state and     6,149        

applicable officers and governmental agencies of the state,        6,150        

including the general assembly, so long as any obligations are     6,152        

outstanding, shall:                                                             

      (1)  Maintain statutory authority for and cause to be        6,154        

operated the state lottery, including the transfers to and from    6,155        

the lottery profits education fund created in section 3770.06 of   6,156        

the Revised Code so that the pledged receipts shall be sufficient  6,157        

in amount to meet bond service charges, and the establishment and  6,158        

maintenance of any reserves and other requirements provided for    6,159        

in the bond proceedings;                                           6,160        

      (2)  Take or permit no action, by statute or otherwise,      6,162        

that would impair the exclusion from gross income for federal      6,163        

income tax purposes of the interest on any obligations designated  6,164        

by the bond proceeding as tax-exempt obligations.                  6,165        

      (R)  There is hereby created the school building program     6,167        

bond service fund, which shall be in the custody of the treasurer  6,168        

of state but shall be separate and apart from and not a part of    6,169        

the state treasury.  All moneys received by or on account of the   6,170        

issuing authority or state agencies and required by the            6,171        

                                                          140    


                                                                 
applicable bond proceedings, consistent with this section, to be   6,172        

deposited, transferred, or credited to the school building         6,173        

program bond service fund, and all other moneys transferred or     6,174        

allocated to or received for the purposes of the fund, shall be    6,175        

deposited and credited to such fund and to any separate accounts   6,176        

therein, subject to applicable provisions of the bond              6,177        

proceedings, but without necessity for any act of appropriation,   6,178        

except as required by section 3770.06 of the Revised Code.         6,179        

During the period beginning with the date of the first issuance    6,180        

of obligations and continuing during such time as any such         6,181        

obligations are outstanding, and so long as moneys in the school   6,182        

building program bond service fund are insufficient to pay all     6,183        

bond service charges on such obligations becoming due in each      6,184        

year, a sufficient amount of the moneys from the lottery profits   6,185        

education fund included in pledged receipts, subject to            6,186        

appropriation for such purpose as provided in section 3770.06 of   6,187        

the Revised Code, are committed and shall be paid to the school    6,188        

building program bond service fund in each year for the purpose    6,189        

of paying the bond service charges becoming due in that year.      6,190        

The school building program bond service fund is a trust fund and  6,191        

is hereby pledged to the payment of bond service charges solely    6,192        

on obligations issued to provide moneys for the school building    6,193        

program assistance fund to the extent provided in the applicable   6,194        

bond proceedings, and payment thereof from such fund shall be      6,195        

made or provided for by the treasurer of state in accordance with  6,196        

such bond proceedings without necessity for any act of             6,197        

appropriation except as required by section 3770.06 of the         6,198        

Revised Code.                                                      6,199        

      (S)  There is hereby created the school facilities bond      6,201        

service fund, which shall be in the custody of the treasurer of    6,202        

state but shall be separate and apart from and not a part of the   6,203        

state treasury.  All moneys received by or on account of the       6,204        

issuing authority or state agencies and required by the            6,205        

applicable bond proceedings, consistent with this section, to be   6,206        

                                                          141    


                                                                 
deposited, transferred, or credited to the school facilities bond  6,207        

service fund, and all other moneys transferred or allocated to or  6,208        

received for the purposes of the fund, shall be deposited and      6,209        

credited to such fund and to any separate accounts therein,        6,210        

subject to applicable provisions of the bond proceedings, but      6,211        

without necessity for any act of appropriation.  During the        6,212        

period beginning with the date of the first issuance of            6,213        

obligations and continuing during such time as any such            6,214        

obligations are outstanding, and so long as moneys in the school   6,215        

facilities bond service fund are insufficient to pay all bond      6,216        

service charges on such obligations becoming due in each year, a   6,217        

sufficient amount of the moneys from the public school building    6,218        

fund included in pledged receipts are committed and shall be paid  6,219        

to the bond service fund in each year for the purpose of paying    6,220        

the bond service charges becoming due in that year.  The school    6,221        

facilities bond service fund is a trust fund and is hereby         6,222        

pledged to the payment of bond service charges on obligations      6,223        

issued to provide moneys for the school districts facilities fund  6,224        

to the extent provided in the applicable bond proceedings, and     6,225        

payment thereof from such fund shall be made or provided for by    6,226        

the treasurer of state in accordance with such bond proceedings    6,227        

without necessity for any act or appropriation.                    6,228        

      (T)  The obligations, the transfer thereof, and the income   6,230        

therefrom, including any profit made on the sale thereof, at all   6,232        

times shall be free from taxation within the state.                             

      Sec. 3318.29.  The maximum maturity of any obligations       6,241        

issued pursuant to section 3318.26 of the Revised Code to provide  6,242        

moneys for the school building program assistance fund shall be    6,243        

ten years.  The terms of the obligations shall be such that in     6,244        

any fiscal year the aggregate amount of moneys from the lottery    6,245        

profits education fund, and not from other sources, that are       6,246        

pledged to pay bond service charges on obligations issued to       6,247        

provide moneys for the school building program assistance fund     6,248        

shall not exceed ten million dollars.                              6,249        

                                                          142    


                                                                 
      As used in this section, "other sources" includes the        6,251        

annual investment income on special funds to the extent the        6,252        

income will be available for payment of any bond service charges   6,253        

in lieu of use of moneys from the lottery profits education fund.  6,254        

The annual investment income shall be estimated on the basis of    6,255        

the expected funding of those special funds and assumed            6,256        

investment earnings thereon at a rate equal to the weighted        6,257        

average yield on investments of those special funds determined as  6,258        

of any date within sixty days immediately preceding the date of    6,259        

issuance of the bonds in respect of which the determination is     6,260        

being made.                                                        6,261        

      The determinations required by this section shall be made    6,263        

by the treasurer of state at the time of issuance of an issue of   6,264        

obligations and shall be conclusive for purposes of such issuance  6,265        

of obligations from and after their issuance and delivery.         6,266        

      The maximum maturity of obligations issued pursuant to       6,268        

section 3318.26 of the Revised Code to provide moneys for the      6,269        

school district facilities fund shall not exceed the maximum       6,270        

maturity of the loan made from such fund pursuant to section       6,271        

3318.24 of the Revised Code utilizing the proceeds of such         6,272        

obligations or ten years, whichever is less.  The terms of the     6,273        

obligations shall be such that in any fiscal year the aggregate    6,274        

amount of moneys from the public school building fund that are     6,275        

pledged to pay bond service charges on obligations issued to       6,276        

provide moneys for the school districts facilities fund shall not  6,277        

exceed an amount which shall be established by the Ohio school     6,278        

facilities commission.                                             6,279        

      Sec. 3318.33.  (A)  THERE IS HEREBY CREATED IN THE STATE     6,281        

TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL   6,282        

CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY  6,283        

AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION     6,284        

UNDER SECTION 3318.31 OF THE REVISED CODE.  INVESTMENT EARNINGS    6,286        

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  6,288        

                                                          143    


                                                                 
ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING                          

EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING  6,289        

BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING       6,290        

PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY  6,291        

THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER         6,292        

CHAPTER 3318. OF THE REVISED CODE.                                 6,293        

      (B)  THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO   6,295        

THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT          6,296        

EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION    6,297        

3318.15 OF THE REVISED CODE.  THE DIRECTOR OF BUDGET AND           6,298        

MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION   6,299        

FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM        6,300        

ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED      6,301        

CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL    6,302        

ARBITRAGE REBATE REQUIREMENTS.                                                  

      Sec. 3318.35.  (A)  As used in this section:                 6,311        

      (1)  "Adjusted valuation per pupil" has MEANS the same       6,313        

meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT   6,314        

OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of   6,316        

the Revised Code.                                                               

      (2)  "Ohio school facilities commission" has the same        6,319        

meaning as in section 3318.01 of the Revised Code.                 6,320        

      (B)  The Ohio school facilities commission shall establish   6,323        

and administer the emergency school building repair program.       6,324        

Under the program, the commission shall distribute moneys          6,325        

appropriated by the general assembly for such purpose to school    6,326        

districts, beginning with those districts with an A CURRENT,       6,327        

ONE-YEAR adjusted valuation per pupil less than the CURRENT,       6,329        

ONE-YEAR adjusted valuation per pupil of the school district with  6,330        

the two hundred ninety-third lowest adjusted valuation per pupil   6,331        

in the state.  The commission shall submit to the controlling      6,333        

board for its approval or disapproval requests for allocations of  6,335        

lump sums of money from which the commission may disburse funds    6,336        

to school districts upon determining that the districts qualify    6,337        

                                                          144    


                                                                 
for emergency building repair assistance.  Any school district     6,339        

that receives moneys under this section shall expend them only to  6,340        

repair the following:                                                           

      (1)  Heating systems;                                        6,342        

      (2)  Floors, roofs, and exterior doors;                      6,344        

      (3)  Air ducts and other air ventilation devices;            6,347        

      (4)  Emergency exit or egress passageway lighting;           6,349        

      (5)  Fire alarm systems;                                     6,351        

      (6)  Handicapped access needs;                               6,353        

      (7)  Sewage systems;                                         6,355        

      (8)  Water supplies;                                         6,357        

      (9)  Asbestos removal; and                                   6,359        

      (10)  Any other repairs to a school building that meet the   6,362        

requirements of the life safety code, as interpreted by the        6,363        

commission.                                                                     

      (C)  The Ohio school facilities commission shall adopt       6,366        

rules in accordance with Chapter 119. of the Revised Code          6,367        

necessary to carry out its duties and responsibilities under this  6,368        

section.                                                                        

      Sec. 3319.235.  (A)  The standards for the preparation of    6,377        

teachers adopted under section 3319.23 of the Revised Code shall   6,378        

require any institution that provides a course of study for the    6,379        

training of teachers to ensure that graduates of such course of    6,380        

study are skilled at integrating educational technology in the     6,381        

instruction of children, as evidenced by the graduate having                    

either demonstrated proficiency in such skills in a manner         6,382        

prescribed by the department of education or completed a course    6,383        

that includes training in such skills.                             6,384        

      (B)  The office of information, learning, and technology     6,387        

OHIO SCHOOLNET COMMISSION, established in division (B) of          6,388        

PURSUANT TO section 3301.80 of the Revised Code, shall establish   6,390        

model professional development programs to assist teachers who                  

completed their teacher preparation prior to the effective date    6,392        

of division (A) of this section to become skilled at integrating   6,393        

                                                          145    


                                                                 
educational technology in the instruction of children.  The        6,394        

office COMMISSION shall provide technical assistance to school     6,396        

districts wishing to establish such programs.                                   

      Sec. 3332.05.  (A)  The state board of proprietary school    6,405        

registration shall issue a certificate of registration to an       6,406        

applicant of good reputation seeking to offer one or more          6,407        

programs upon receipt of the fee established in accordance with    6,408        

section 3332.07 of the Revised Code and upon determining the       6,409        

applicant has the facilities, resources, and faculty to provide    6,410        

students with the kind of instruction that it proposes to offer    6,411        

and meets the minimum standards of the board.  A certificate of    6,412        

registration shall be granted or denied within one hundred twenty  6,413        

days of the receipt of the application therefor by the board.  A   6,414        

person shall obtain a separate certificate for each location at    6,415        

which he THE PERSON offers programs.  A THE FIRST certificate of   6,417        

registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS         6,418        

AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS      6,419        

EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF    6,420        

THE REVISED CODE.  ANY OTHER CERTIFICATE OF REGISTRATION is valid  6,421        

for two years, unless earlier revoked for cause by the board       6,422        

UNDER THAT SECTION.                                                6,423        

      (B)  The board shall issue program authorization for an      6,425        

associate degree, certificate, or diploma program to an applicant  6,426        

holding a certificate of registration issued pursuant to division  6,427        

(A) of this section upon receipt of the fee established in         6,428        

accordance with section 3332.07 of the Revised Code and upon       6,429        

determining the applicant has the facilities, resources, and       6,430        

faculty to provide students the kind of program it proposes to     6,431        

offer and meets the minimum standards of the state board.          6,432        

      The state board shall promptly furnish the Ohio board of     6,434        

regents a copy of all applications for issuance or renewal of      6,435        

program authorization to offer any associate degree program.       6,436        

Prior to the issuance or renewal of such program authorization     6,437        

the state board shall conduct an on-site visit of the school       6,438        

                                                          146    


                                                                 
proposing the program.  A representative of the board of regents   6,439        

shall participate in the visit.  Within twenty-one days of the     6,440        

on-site visit the representative of the board of regents shall     6,441        

provide the state board with a written statement recommending      6,442        

approval or disapproval of the application.                        6,443        

      Any program authorization issued by the board under this     6,445        

division is valid only for the specified program at the location   6,446        

for which it is issued and does not cover any other program        6,447        

offered at the school or at other schools operated by the owner.   6,448        

Program authorization is valid for the period of time specified    6,449        

by the board, unless earlier suspended or revoked for cause by     6,450        

the board UNDER SECTION 3332.09 OF THE REVISED CODE.               6,451        

      (C)  The state board shall accept and review all             6,453        

applications for program authorization for baccalaureate,          6,454        

master's, and doctoral degree programs only from schools holding   6,455        

certificates of registration issued by the board that have held    6,456        

such certificates for the ten previous consecutive years.  After   6,457        

review the board shall refer any application it finds valid to     6,458        

the Ohio board of regents for approval.  The board of regents      6,459        

shall review, and approve or disapprove, such degree programs and  6,460        

if so approved, issue certificates of authorization to such        6,461        

schools to offer such degree programs pursuant to Chapter 1713.    6,462        

of the Revised Code.  The board of regents shall notify the state  6,463        

board of proprietary school registration of each school            6,464        

registered with the state board that receives a certificate of     6,465        

authorization and the approval to offer any degree program.  Upon  6,466        

receipt of such notification and the fee established in            6,467        

accordance with section 3332.07 of the Revised Code, the state     6,468        

board shall review, and may issue program authorization to offer,  6,469        

such a degree program.  Any program authorization issued by the    6,470        

board under this division is valid only for the specified program  6,471        

at the location for which it is issued and does not cover any      6,472        

other program offered at the school or at other schools operated   6,473        

by the owner.  Program authorization is valid for the period of    6,474        

                                                          147    


                                                                 
time specified by the board, unless earlier suspended or revoked   6,475        

for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE.  6,476        

The state board shall not issue such program authorization unless  6,478        

the degree program has been approved by the board of regents.      6,479        

      (D)  The board may cause an investigation to be made into    6,481        

the correctness of the information submitted in any application    6,482        

received under this section.  If the board believes that false,    6,483        

misleading, or incomplete information has been submitted to it in  6,484        

connection with any application, the board shall conduct a         6,485        

hearing on the matter pursuant to Chapter 119. of the Revised      6,486        

Code, and may withhold a certificate of registration or program    6,487        

authorization upon finding that the applicant has failed to meet   6,488        

the standards for such certificate or program authorization or     6,489        

has submitted false, misleading, or incomplete information to the  6,490        

board.  Application for a certificate of registration or program   6,491        

authorization shall be made in writing to the board on forms       6,492        

furnished by the board.   A certificate of registration or         6,493        

program authorization is not transferable and shall be             6,494        

prominently displayed on the premises of an institution.           6,495        

      The board shall assign registration numbers to all schools   6,497        

registered with it.  Schools shall display their registration      6,498        

numbers on all school publications and on all advertisements       6,499        

bearing the name of the school.                                    6,500        

      Notwithstanding the requirements of this section for         6,502        

issuance of certificates of registration and program               6,503        

authorization, the board may, in accordance with rules adopted by  6,504        

it, grant certificates of registration and program authorization   6,505        

to schools, colleges, institutes, or universities that have been   6,506        

approved by the state department of education pursuant to the      6,507        

"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771.             6,508        

      Sec. 3332.07.  (A)  Each application for issuance and        6,517        

renewal of a certificate of registration, for the issuance and     6,518        

renewal of program authorization, for issuance and renewal of      6,519        

agent's permits, and for any other service specified by the state  6,520        

                                                          148    


                                                                 
board of proprietary school registration shall be accompanied by   6,521        

the required fee.  Fees submitted under this section are not       6,522        

returnable even if approval or renewal is denied.                  6,523        

      (B)  Fee schedules for the issuance and renewal of           6,525        

certificates of registration, for the issuance and renewal of      6,526        

program authorization, for issuance and renewal of agent's         6,527        

permits, and for any other service specified by the board shall    6,528        

be established by rule adopted by the state board.  THE FEE FOR A  6,529        

ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE     6,530        

FOR A TWO-YEAR CERTIFICATE.                                        6,531        

      (C)  If in any fiscal year the amount received in fees       6,533        

under this section does not equal or exceed fifty per cent of      6,534        

board expenditures for the fiscal year, the board shall increase   6,535        

fees for the ensuing fiscal year by an amount estimated to be      6,536        

sufficient to produce revenues equal to fifty per cent of          6,537        

estimated expenditures for that ensuing fiscal year.               6,538        

      Sec. 3333.04.  The Ohio board of regents shall:              6,547        

      (A)  Make studies of state policy in the field of higher     6,549        

education and formulate a master plan for higher education for     6,550        

the state, considering the needs of the people, the needs of the   6,551        

state, and the role of individual public and private institutions  6,552        

within the state in fulfilling these needs;                        6,553        

      (B)(1)  Report annually to the governor and the general      6,555        

assembly on the findings from its studies and the master plan for  6,556        

higher education for the state;                                    6,557        

      (2)  Report at least semiannually to the general assembly    6,559        

and the governor the enrollment numbers at each state-assisted     6,560        

institution of higher education.                                   6,561        

      (C)  Approve or disapprove the establishment of new          6,563        

branches or academic centers of state colleges and universities;   6,564        

      (D)  Approve or disapprove the establishment of state        6,566        

technical colleges or any other state institution of higher        6,567        

education;                                                         6,568        

      (E)  Recommend the nature of the programs, undergraduate,    6,570        

                                                          149    


                                                                 
graduate, professional, state-financed research, and public        6,571        

services which should be offered by the state colleges,            6,572        

universities, and other state-assisted institutions of higher      6,573        

education in order to utilize to the best advantage their          6,574        

facilities and personnel;                                          6,575        

      (F)  Recommend to the state colleges, universities, and      6,577        

other state-assisted institutions of higher education graduate or  6,578        

professional programs, including, but not limited to, doctor of    6,579        

philosophy, doctor of education, and juris doctor programs, that   6,580        

could be eliminated because they constitute unnecessary            6,581        

duplication, as shall be determined using the process developed    6,582        

pursuant to this section, or for other good and sufficient cause.  6,583        

For purposes of determining the amounts of any state               6,584        

instructional subsidies paid to these colleges, universities, and  6,585        

institutions, the board may exclude students enrolled in any       6,586        

program that the board has recommended for elimination pursuant    6,587        

to this division except that the board shall not exclude any such  6,588        

student who enrolled in the program prior to the date on which     6,589        

the board initially commences to exclude students under this       6,590        

division.  The board of regents and these colleges, universities,  6,591        

and institutions shall jointly develop a process for determining   6,592        

which existing graduate or professional programs constitute        6,593        

unnecessary duplication.                                           6,594        

      (G)  Recommend to the state colleges, universities, and      6,596        

other state-assisted institutions of higher education programs     6,597        

which should be added to their present programs;                   6,598        

      (H)  Conduct studies for the state colleges, universities,   6,600        

and other state-assisted institutions of higher education to       6,601        

assist them in making the best and most efficient use of their     6,602        

existing facilities and personnel;                                 6,603        

      (I)  Make recommendations to the governor and general        6,605        

assembly concerning the development of state-financed capital      6,606        

plans for higher education; the establishment of new state         6,607        

colleges, universities, and other state-assisted institutions of   6,608        

                                                          150    


                                                                 
higher education; and the establishment of new programs at the     6,609        

existing state colleges, universities, and other institutions of   6,610        

higher education;                                                  6,611        

      (J)  Review the appropriation requests of the public         6,613        

community colleges and the state colleges and universities and     6,614        

submit to the office of budget and management and to the           6,615        

chairpersons of the finance committees of the house of             6,616        

representatives and of the senate its recommendations in regard    6,617        

to the biennial higher education appropriation for the state,      6,618        

including appropriations for the individual state colleges and     6,619        

universities and public community colleges.  For the purpose of    6,620        

determining the amounts of instructional subsidies to be paid to   6,621        

state-assisted colleges and universities, the board shall define   6,622        

"full-time equivalent student" by program per academic year.  The  6,623        

definition may take into account the establishment of minimum      6,624        

enrollment levels in technical education programs below which      6,625        

support allowances will not be paid.  Except as otherwise          6,626        

provided in this section, the board shall make no change in the    6,627        

definition of "full-time equivalent student" in effect on          6,628        

November 15, 1981, which would increase or decrease the number of  6,629        

subsidy-eligible full-time equivalent students, without first      6,630        

submitting a fiscal impact statement to the president of the       6,631        

senate, the speaker of the house of representatives, the           6,632        

legislative budget office of the legislative service commission,   6,633        

and the director of budget and management.  The board shall work   6,634        

in close cooperation with the director of budget and management    6,635        

in this respect and in all other matters concerning the            6,636        

expenditures of appropriated funds by state colleges,              6,637        

universities, and other institutions of higher education.          6,638        

      (K)  Seek the cooperation and advice of the officers and     6,640        

trustees of both public and private colleges, universities, and    6,641        

other institutions of higher education in the state in performing  6,642        

its duties and making its plans, studies, and recommendations;     6,643        

      (L)  Appoint advisory committees consisting of persons       6,645        

                                                          151    


                                                                 
associated with public or private secondary schools, members of    6,646        

the state board of education, or personnel of the state            6,647        

department of education;                                           6,648        

      (M)  Appoint advisory committees consisting of college and   6,650        

university personnel, or other persons knowledgeable in the field  6,651        

of higher education, or both, in order to obtain their advice and  6,652        

assistance in defining and suggesting solutions for the problems   6,653        

and needs of higher education in this state;                       6,654        

      (N)  Approve or disapprove all new degrees and new degree    6,656        

programs at all state colleges, universities, and other            6,657        

state-assisted institutions of higher education;                   6,658        

      (O)  Adopt such rules as are necessary to carry out its      6,660        

duties and responsibilities;                                       6,661        

      (P)  Establish and submit to the governor and the general    6,663        

assembly a clear and measurable set of goals and timetables for    6,664        

their achievement for each program under the supervision of the    6,665        

board that is designed to accomplish any of the following:         6,666        

      (1)  Increased access to higher education;                   6,668        

      (2)  Job training;                                           6,670        

      (3)  Adult literacy;                                         6,672        

      (4)  Research;                                               6,674        

      (5)  Excellence in higher education;                         6,676        

      (6)  Reduction in the number of graduate programs within     6,678        

the same subject area.                                             6,679        

      In July of each odd-numbered year, the board of regents      6,681        

shall submit to the governor and the general assembly a report on  6,682        

progress made toward these goals.                                  6,683        

      (Q)  Make recommendations to the governor and the general    6,685        

assembly regarding the design and funding of the student           6,686        

financial aid programs specified in sections 3333.12, 3333.21 to   6,687        

3333.27, and 5910.02 of the Revised Code;                          6,688        

      (R)  Participate in education-related state or federal       6,690        

programs on behalf of the state and assume responsibility for the  6,691        

administration of such programs in accordance with applicable      6,692        

                                                          152    


                                                                 
state or federal law;                                              6,693        

      (S)  Adopt rules for student financial aid programs as       6,696        

required by sections 3333.12, 3333.21 to 3333.27, 3333.28,         6,697        

3333.29, and 5910.02 of the Revised Code, and perform any other    6,698        

administrative functions assigned to the board by those sections;  6,700        

      (T)  Administer contracts under sections 3702.74 and         6,703        

3702.75 of the Revised Code in accordance with rules adopted by    6,705        

the director of health under section 3702.79 of the Revised Code;  6,706        

      (U)  REGULARLY MONITOR THE OCCUPANCY RATES OF STATE          6,708        

UNIVERSITIES' DORMITORY SYSTEMS FOR THE PURPOSE OF RECOGNIZING     6,709        

CIRCUMSTANCES IN WHICH THE FINANCIAL STABILITY OF THOSE            6,711        

INSTITUTIONS IS THREATENED BY THE UNAVOIDABLE COSTS OF DEBT                     

SERVICE AND PLANT MAINTENANCE.  IN CONJUNCTION WITH THE            6,712        

DEVELOPMENT OF BIENNIAL APPROPRIATION RECOMMENDATIONS, THE BOARD   6,713        

SHALL REPORT TO THE GENERAL ASSEMBLY AND THE LEGISLATIVE SERVICE   6,714        

COMMISSION ITS RECOMMENDATIONS FOR FINANCIAL ASSISTANCE TO STATE   6,715        

UNIVERSITIES WHOSE DORMITORY OCCUPANCY RATES ARE LESS THAN         6,716        

SEVENTY-FIVE PER CENT OF DESIGNED CAPACITY AND WHOSE ABILITY TO    6,717        

MAINTAIN REQUIRED DEBT PAYMENTS AND REQUIRED PLANT MAINTENANCE     6,718        

MAY BE JEOPARDIZED;                                                6,719        

      (V)  CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED            6,721        

INSTITUTIONS OF HIGHER EDUCATION.                                  6,722        

      Sec. 3333.12.  (A)  As used in this section:                 6,731        

      (1)  "Eligible student" means an undergraduate student who   6,733        

is:                                                                6,734        

      (a)  An Ohio resident;                                       6,736        

      (b)  Enrolled in either of the following:                    6,738        

      (i)  An accredited institution of higher education in this   6,740        

state that meets the requirements of Title VI of the Civil Rights  6,741        

Act of 1964 and is state-assisted, is nonprofit and has a          6,742        

certificate of authorization from the Ohio board of regents        6,743        

pursuant to Chapter 1713. of the Revised Code, or has a            6,744        

certificate of registration from the state board of proprietary    6,745        

school registration and program authorization to award an          6,746        

                                                          153    


                                                                 
associate or bachelor's degree.  Students who attend an            6,747        

institution that holds a certificate of registration shall be      6,748        

enrolled in a program leading to an associate or bachelor's        6,749        

degree for which associate or bachelor's degree program the        6,750        

institution has program authorization issued under section         6,751        

3332.05 of the Revised Code.                                       6,752        

      (ii)  A technical education program of at least two years    6,754        

duration sponsored by a private institution of higher education    6,755        

in this state that meets the requirements of Title VI of the       6,756        

Civil Rights Act of 1964.                                          6,757        

      (c)  Enrolled as a full-time student or enrolled as a less   6,759        

than full-time student for the term expected to be the student's   6,761        

final term of enrollment and is enrolled for the number of credit  6,762        

hours necessary to complete the requirements of the program in     6,763        

which the student is enrolled.                                     6,764        

      (2)  "Gross income" includes all taxable and nontaxable      6,766        

income of the parents, the student, and the student's spouse,      6,767        

except income derived from an Ohio academic scholarship and,       6,768        

income earned by the student between the last day of the spring    6,769        

term and the first day of the fall term, as published by the       6,770        

institution in which the student is enrolled.  In the case of      6,771        

self-employed persons, business expenses as defined by the Ohio    6,772        

board of regents shall be subtracted from taxable and nontaxable   6,774        

income.  Where no gross income or inadequate gross income as       6,775        

determined by the board is reported, the board shall establish a   6,776        

formula for determining the means by which the family maintained   6,777        

itself and translate the data into gross income for Ohio           6,778        

instructional grant purposes.  Family income may be verified by    6,779        

supplying to the board a copy of the federal government tax        6,780        

return, by authorizing access to the family federal government     6,781        

income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE   6,782        

BOARD.  GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE           6,783        

INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL     6,784        

FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means   6,786        

                                                          154    


                                                                 
satisfactory to the board.                                                      

      (3)  "Resident," "full-time student," "dependent,"           6,788        

"financially independent," and "accredited" shall be defined by    6,789        

rules adopted by the board.                                        6,790        

      (4)  "Federal law" means the "Higher Education Amendments    6,792        

of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended.      6,793        

      (5)  "Default rate" means the cohort default rate            6,795        

determined by the United States secretary of education pursuant    6,796        

to federal law.                                                    6,797        

      (6)  "School year" means the twelve months that begin on     6,799        

the first day of August of a calendar year and end on the          6,800        

thirty-first day of July of the following calendar year.           6,801        

      (B)  The Ohio board of regents shall establish and           6,803        

administer an instructional grant program and may adopt rules to   6,804        

carry out this section.  The general assembly shall support the    6,805        

instructional grant program by such sums and in such manner as it  6,806        

may provide, but the board may also receive funds from other       6,807        

sources to support the program.  If the amounts available for      6,808        

support of the program are inadequate to provide grants to all     6,809        

eligible students, preference in the payment of grants shall be    6,810        

given in terms of income, beginning with the lowest income         6,811        

category of gross income and proceeding upward by category to the  6,812        

highest gross income category.                                     6,813        

      An instructional grant shall be paid to an eligible student  6,815        

through the institution in which the student is enrolled, except   6,817        

that no instructional grant shall be paid to any person serving a  6,818        

term of imprisonment.  Applications for such grants shall be made  6,820        

as prescribed by the board, and such applications may be made in   6,821        

conjunction with and upon the basis of information provided in     6,822        

conjunction with student assistance programs funded by agencies    6,823        

of the United States government or from financial resources of     6,824        

the institution of higher education.  The institution shall        6,825        

certify that the student applicant meets the requirements set      6,826        

forth in divisions (A)(1)(b) and (c) of this section.              6,827        

                                                          155    


                                                                 
Instructional grants shall be provided to an eligible student      6,828        

only as long as the student is making appropriate progress toward  6,829        

a nursing diploma or an associate or bachelor's degree.  The       6,830        

grant shall cover any two semesters, three quarters, or the        6,831        

equivalent of one academic year.  No student shall be eligible to  6,832        

receive a grant for more than ten semesters, fifteen quarters, or  6,833        

the equivalent of five academic years.  A grant made to an         6,834        

eligible student on the basis of less than full-time enrollment    6,835        

shall be based on the number of credit hours for which the         6,836        

student is enrolled and shall be computed in accordance with a     6,837        

formula adopted by the board.  No student shall receive more than  6,838        

one grant on the basis of less than full-time enrollment.          6,839        

      An instructional grant shall not exceed the total            6,841        

instructional and general charges of the institution.              6,842        

      (C)  For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM   6,845        

GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A         6,846        

COMPARABLE PORTION OF ONE ACADEMIC YEAR.  GRANT AMOUNTS FOR        6,847        

ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED     6,848        

UNDER DIVISION (D) OF THIS SECTION.                                6,849        

      FOR a full-time student who is a dependent and enrolled in   6,853        

a nonprofit educational institution that is not a state-assisted   6,854        

institution and that has a certificate of authorization issued     6,855        

pursuant to Chapter 1713. of the Revised Code, the amount of the   6,856        

instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A        6,857        

COMPARABLE PORTION OF the academic year shall be determined in     6,859        

accordance with the following table:                                            

                         Table of Grants                           6,861        

                                   Maximum Grant $4,428 4,872      6,863        

Gross Income                       Number of Dependents            6,864        

                       1        2        3        4       5 or     6,871        

                                                          more                  

Under $11,001        $4,428   $4,428   $4,428   $4,428   $4,428    6,875        

$11,001 - $12,000     3,984    4,428    4,428    4,428    4,428    6,880        

$12,001 - $13,000     3,534    3,984    4,428    4,428    4,428    6,885        

                                                          156    


                                                                 
$13,001 - $14,000     3,096    3,534    3,984    4,428    4,428    6,890        

$14,001 - $15,000     2,658    3,096    3,534    3,984    4,428    6,895        

$15,001 - $16,000     2,220    2,658    3,096    3,534    3,984    6,900        

$16,001 - $17,000     1,770    2,220    2,658    3,096    3,534    6,906        

$17,001 - $20,000     1,320    1,770    2,220    2,658    3,096    6,912        

$20,001 - $23,000     1,092    1,320    1,770    2,220    2,658    6,918        

$23,001 - $26,000       882    1,092    1,320    1,770    2,220    6,923        

$26,001 - $29,000       804      882    1,092    1,320    1,770    6,928        

$29,001 - $31,000       720      804      882    1,092    1,320    6,933        

Over $31,000            -0-      -0-      -0-      -0-      -0-    6,934        

UNDER $13,001        $4,872   $4,872   $4,872   $4,872    $4,872   6,942        

$13,001 - $14,000     4,386    4,872    4,872    4,872     4,872   6,948        

$14,001 - $15,000     3,888    4,386    4,872    4,872     4,872   6,954        

$15,001 - $16,000     3,408    3,888    4,386    4,872     4,872   6,960        

$16,001 - $17,000     2,928    3,408    3,888    4,386     4,872   6,966        

$17,001 - $20,000     2,442    2,928    3,408    3,888     4,386   6,972        

$20,001 - $23,000     1,944    2,442    2,928    3,408     3,888   6,978        

$23,001 - $26,000     1,452    1,944    2,442    2,928     3,408   6,984        

$26,001 - $29,000     1,200    1,452    1,944    2,442     2,928   6,990        

$29,001 - $30,000       966    1,200    1,452    1,944     2,442   6,996        

$30,001 - $31,000       882      966    1,200    1,452     1,944   7,002        

$31,001 - $32,000       792      882      966    1,200     1,452   7,008        

$32,001 - $33,000       396      792      882      966     1,200   7,014        

$33,001 - $34,000       -0-      396      792      882       966   7,020        

$34,001 - $35,000       -0-      -0-      396      792       882   7,026        

$35,001 - $36,000       -0-      -0-      -0-      396       792   7,032        

$36,001 - $37,000       -0-      -0-      -0-      -0-       396   7,038        

OVER $37,000            -0-      -0-      -0-      -0-       -0-   7,044        

      For a full-time student who is financially independent and   7,047        

enrolled in a nonprofit educational institution that is not a      7,048        

state-assisted institution and that has a certificate of           7,049        

authorization issued pursuant to Chapter 1713. of the Revised      7,050        

Code, the amount of the instructional grant for TWO SEMESTERS,     7,052        

THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year       7,053        

                                                          157    


                                                                 
shall be determined in accordance with the following table:        7,054        

                         Table of Grants                           7,056        

                                   Maximum Grant $4,428 4,872      7,057        

Gross Income                       Number of Dependents            7,058        

                     0       1       2      3      4      5 or     7,065        

                                                          more                  

Under $3,601       $4,428  $4,428  $4,428 $4,428 $4,428  $4,428    7,070        

$3,601 - $4,200     3,984   4,428   4,428  4,428  4,428   4,428    7,076        

$4,201 - $4,700     3,534   3,984   4,428  4,428  4,428   4,428    7,082        

$4,701 - $5,200     3,096   3,534   3,984  4,428  4,428   4,428    7,088        

$5,201 - $5,700     2,658   3,096   3,534  3,984  4,428   4,428    7,094        

$5,701 - $6,200 $   2,220   2,658   3,096  3,534  3,984   4,428    7,100        

$6,201 - $7,200     1,770   2,220   2,658  3,096  3,534   3,984    7,106        

$7,201 - $8,200     1,320   1,770   2,220  2,658  3,096   3,534    7,112        

$8,201 - $9,200     1,092   1,320   1,770  2,220  2,658   3,096    7,118        

$9,201 - $10,700      882   1,092   1,320  1,770  2,220   2,658    7,124        

$10,701 - $12,200     804     882   1,092  1,320  1,770   2,220    7,130        

$12,201 - $13,700     720     804     882  1,092  1,320   1,770    7,136        

$13,701 - $15,200     -0-     720     804    882  1,092   1,320    7,141        

$15,201 - $18,200     -0-     -0-     720    804    882   1,092    7,146        

$18,201 - $21,200     -0-     -0-     -0-    720    804     882    7,151        

$21,201 - $24,200     -0-     -0-     -0-    -0-    720     804    7,155        

$24,201 - $28,900     -0-     -0-     -0-    -0-    -0-     720    7,159        

Over $28,900          -0-     -0-     -0-    -0-    -0-     -0-    7,161        

UNDER $4,201       $4,872  $4,872  $4,872 $4,872 $4,872  $4,872    7,170        

$4,201 - $4,800     4,386   4,872   4,872  4,872  4,872   4,872    7,177        

$4,801 - $5,300     3,888   4,386   4,872  4,872  4,872   4,872    7,184        

$5,301 - $5,800     3,408   3,888   4,386  4,872  4,872   4,872    7,191        

$5,801 - $6,300     2,928   3,408   3,888  4,386  4,872   4,872    7,198        

$6,301 - $6,800     2,442   2,928   3,408  3,888  4,386   4,872    7,205        

$6,801 - $7,800     1,944   2,442   2,928  3,408  3,888   4,386    7,212        

$7,801 - $8,800     1,452   1,944   2,442  2,928  3,408   3,888    7,219        

$8,801 - $9,800     1,200   1,452   1,944  2,442  2,928   3,408    7,226        

$9,801 - $11,300      966   1,200   1,452  1,944  2,442   2,928    7,233        

                                                          158    


                                                                 
$11,301 - $12,800     882     966   1,200  1,452  1,944   2,442    7,240        

$12,801 - $14,300     792     882     966  1,200  1,452   1,944    7,247        

$14,301 - $15,800     396     792     882    966  1,200   1,452    7,254        

$15,801 - $18,800     -0-     396     792    882    966   1,200    7,261        

$18,801 - $21,800     -0-     -0-     396    792    882     966    7,268        

$21,801 - $24,800     -0-     -0-     -0-    396    792     882    7,275        

$24,801 - $29,500     -0-     -0-     -0-    -0-    396     792    7,282        

$29,501 - $34,500     -0-     -0-     -0-    -0-    -0-     396    7,289        

OVER $34,500          -0-     -0-     -0-    -0-    -0-     -0-    7,296        

      For a full-time student who is a dependent and enrolled in   7,299        

an educational institution that holds a certificate of             7,300        

registration from the state board of proprietary school            7,301        

registration, the amount of the instructional grant for TWO        7,303        

SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the          7,304        

academic year shall be determined in accordance with the                        

following table:                                                   7,305        

                         Table of Grants                           7,307        

                                   Maximum Grant $3,750 4,128      7,309        

Gross Income                       Number of Dependents            7,310        

                       1        2        3        4       5 or     7,318        

                                                          more                  

Under $11,001        $3,750   $3,750   $3,750   $3,750   $3,750    7,325        

$11,001 - $12,000     3,384    3,750    3,750    3,750    3,750    7,330        

$12,001 - $13,000     2,988    3,384    3,750    3,750    3,750    7,335        

$13,001 - $14,000     2,616    2,988    3,384    3,750    3,750    7,340        

$14,001 - $15,000     2,268    2,616    2,988    3,384    3,750    7,345        

$15,001 - $16,000     1,860    2,268    2,616    2,988    3,384    7,350        

$16,001 - $17,000     1,506    1,860    2,268    2,616    2,988    7,355        

$17,001 - $20,000     1,152    1,506    1,860    2,268    2,616    7,360        

$20,001 - $23,000       924    1,152    1,506    1,860    2,268    7,365        

$23,001 - $26,000       738      924    1,152    1,506    1,860    7,370        

$26,001 - $29,000       696      738      924    1,152    1,506    7,375        

$29,001 - $31,000       612      696      738      924    1,152    7,380        

Over $31,000            -0-      -0-      -0-      -0-      -0-    7,381        

                                                          159    


                                                                 
UNDER $13,001        $4,128   $4,128   $4,128   $4,128   $4,128    7,389        

$13,001 - $14,000     3,726    4,128    4,128    4,128    4,128    7,395        

$14,001 - $15,000     3,288    3,726    4,128    4,128    4,128    7,401        

$15,001 - $16,000     2,874    3,288    3,726    4,128    4,128    7,407        

$16,001 - $17,000     2,490    2,874    3,288    3,726    4,128    7,413        

$17,001 - $20,000     2,046    2,490    2,874    3,288    3,726    7,419        

$20,001 - $23,000     1,656    2,046    2,490    2,874    3,288    7,425        

$23,001 - $26,000     1,266    1,656    2,046    2,490    2,874    7,431        

$26,001 - $29,000     1,014    1,266    1,656    2,046    2,490    7,437        

$29,001 - $30,000       810    1,014    1,266    1,656    2,046    7,443        

$30,001 - $31,000       762      810    1,014    1,266    1,656    7,449        

$31,001 - $32,000       672      762      810    1,014    1,266    7,455        

$32,001 - $33,000       336      672      762      810    1,014    7,461        

$33,001 - $34,000       -0-      336      672      762      810    7,467        

$34,001 - $35,000       -0-      -0-      336      672      762    7,473        

$35,001 - $36,000       -0-      -0-      -0-      336      672    7,479        

$36,001 - $37,000       -0-      -0-      -0-      -0-      336    7,485        

OVER $37,000            -0-      -0-      -0-      -0-      -0-    7,491        

      For a full-time student who is financially independent and   7,494        

enrolled in an educational institution that holds a certificate    7,495        

of registration from the state board of proprietary school         7,496        

registration, the amount of the instructional grant for TWO        7,498        

SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the          7,499        

academic year shall be determined in accordance with the                        

following table:                                                   7,500        

                         Table of Grants                           7,502        

                                   Maximum Grant $3,750 4,128      7,503        

Gross Income                       Number of Dependents            7,504        

                     0       1       2      3      4      5 or     7,512        

                                                          more                  

Under $3,601        $3,750  $3,750  $3,750 $3,750 $3,750  $3,750   7,519        

$3,601 - $4,200      3,384   3,750   3,750  3,750  3,750   3,750   7,524        

$4,201 - $4,700      2,988   3,384   3,750  3,750  3,750   3,750   7,530        

$4,701 - $5,200      2,616   2,988   3,384  3,750  3,750   3,750   7,534        

                                                          160    


                                                                 
$5,201 - $5,700      2,268   2,616   2,988  3,384  3,750   3,750   7,539        

$5,701 - $6,200      1,860   2,268   2,616  2,988  3,384   3,750   7,544        

$6,201 - $7,200      1,506   1,860   2,268  2,616  2,988   3,384   7,549        

$7,201 - $8,200      1,152   1,506   1,860  2,268  2,616   2,988   7,555        

$8,201 - $9,200        924   1,152   1,506  1,860  2,268   2,616   7,559        

$9,201 - $10,700       738     924   1,152  1,506  1,860   2,268   7,564        

$10,701 - $12,200      696     738     924  1,152  1,506   1,860   7,569        

$12,201 - $13,700      612     696     738    924  1,152   1,506   7,574        

$13,701 - $15,200      -0-     612     696    738    924   1,152   7,579        

$15,201 - $18,200      -0-     -0-     612    696    738     924   7,584        

$18,201 - $21,200      -0-     -0-     -0-    612    696     738   7,589        

$21,201 - $24,200      -0-     -0-     -0-    -0-    612     696   7,593        

$24,201 - $28,900      -0-     -0-     -0-    -0-    -0-     612   7,597        

Over $28,900           -0-     -0-     -0-    -0-    -0-     -0-   7,598        

UNDER $4,201        $4,128  $4,128  $4,128 $4,128 $4,128  $4,128   7,607        

$4,201 - $4,800      3,726   4,128   4,128  4,128  4,128   4,128   7,614        

$4,801 - $5,300      3,288   3,726   4,128  4,128  4,128   4,128   7,621        

$5,301 - $5,800      2,874   3,288   3,726  4,128  4,128   4,128   7,628        

$5,801 - $6,300      2,490   2,874   3,288  3,726  4,128   4,128   7,635        

$6,301 - $6,800      2,046   2,490   2,874  3,288  3,726   4,128   7,642        

$6,801 - $7,800      1,656   2,046   2,490  2,874  3,288   3,726   7,649        

$7,801 - $8,800      1,266   1,656   2,046  2,490  2,874   3,288   7,656        

$8,801 - $9,800      1,014   1,266   1,656  2,046  2,490   2,874   7,663        

$9,801 - $11,300       810   1,014   1,266  1,656  2,046   2,490   7,670        

$11,301 - $12,800      762     810   1,014  1,266  1,656   2,046   7,677        

$12,801 - $14,300      672     762     810  1,014  1,266   1,656   7,684        

$14,301 - $15,800      336     672     762    810  1,014   1,266   7,691        

$15,801 - $18,800      -0-     336     672    762    810   1,014   7,698        

$18,801 - $21,800      -0-     -0-     336    672    762     810   7,705        

$21,801 - $24,800      -0-     -0-     -0-    336    672     762   7,712        

$24,801 - $29,500      -0-     -0-     -0-    -0-    336     672   7,719        

$29,501 - $34,500      -0-     -0-     -0-    -0-    -0-     336   7,726        

OVER $34,500           -0-     -0-     -0-    -0-    -0-     -0-   7,733        

      For a full-time student who is a dependent and enrolled in   7,736        

                                                          161    


                                                                 
a state-assisted educational institution, the amount of the        7,737        

instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A        7,739        

COMPARABLE PORTION OF the academic year shall be determined in     7,740        

accordance with the following table:                               7,741        

                         Table of Grants                           7,743        

                                   Maximum Grant $1,782 1,956      7,744        

Gross Income                       Number of Dependents            7,745        

                       1        2        3        4       5 or     7,749        

                                                          more                  

Under $11,001        $1,782   $1,782   $1,782   $1,782   $1,782    7,753        

$11,001 - $12,000     1,602    1,782    1,782    1,782    1,782    7,758        

$12,001 - $13,000     1,416    1,602    1,782    1,782    1,782    7,763        

$13,001 - $14,000     1,254    1,416    1,602    1,782    1,782    7,768        

$14,001 - $15,000     1,074    1,254    1,416    1,602    1,782    7,773        

$15,001 - $16,000       882    1,074    1,254    1,416    1,602    7,778        

$16,001 - $17,000       708      882    1,074    1,254    1,416    7,783        

$17,001 - $20,000       534      708      882    1,074    1,254    7,788        

$20,001 - $23,000       432      534      708      882    1,074    7,793        

$23,001 - $26,000       348      432      534      708      882    7,798        

$26,001 - $29,000       324      348      432      534      708    7,803        

$29,001 - $31,000       294      324      348      432      534    7,808        

Over $31,000            -0-      -0-      -0-      -0-      -0-    7,810        

UNDER $13,001        $1,956   $1,956   $1,956   $1,956   $1,956    7,818        

$13,001 - $14,000     1,764    1,956    1,956    1,956    1,956    7,824        

$14,001 - $15,000     1,554    1,764    1,956    1,956    1,956    7,830        

$15,001 - $16,000     1,380    1,554    1,764    1,956    1,956    7,836        

$16,001 - $17,000     1,182    1,380    1,554    1,764    1,956    7,842        

$17,001 - $20,000       966    1,182    1,380    1,554    1,764    7,848        

$20,001 - $23,000       774      966    1,182    1,380    1,554    7,854        

$23,001 - $26,000       582      774      966    1,182    1,380    7,860        

$26,001 - $29,000       468      582      774      966    1,182    7,866        

$29,001 - $30,000       378      468      582      774      966    7,872        

$30,001 - $31,000       348      378      468      582      774    7,878        

$31,001 - $32,000       318      348      378      468      582    7,884        

                                                          162    


                                                                 
$32,001 - $33,000       162      318      348      378      468    7,890        

$33,001 - $34,000       -0-      162      318      348      378    7,896        

$34,001 - $35,000       -0-      -0-      162      318      348    7,902        

$35,001 - $36,000       -0-      -0-      -0-      162      318    7,908        

$36,001 - $37,000       -0-      -0-      -0-      -0-      162    7,914        

OVER $37,000            -0-      -0-      -0-      -0-      -0-    7,920        

      For a full-time student who is financially independent and   7,923        

enrolled in a state-assisted educational institution, the amount   7,924        

of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR   7,926        

A COMPARABLE PORTION OF the academic year shall be determined in   7,928        

accordance with the following table:                                            

                         Table of Grants                           7,930        

                                   Maximum Grant $1,782 1,956      7,931        

Gross Income                       Number of Dependents            7,932        

                     0       1       2      3      4      5 or     7,940        

                                                          more                  

Under $3,601       $1,782  $1,782  $1,782 $1,782 $1,782  $1,782    7,948        

$3,601 - $4,200     1,602   1,782   1,782  1,782  1,782   1,782    7,954        

$4,201 - $4,700     1,416   1,602   1,782  1,782  1,782   1,782    7,960        

$4,701 - $5,200     1,254   1,416   1,602  1,782  1,782   1,782    7,966        

$5,201 - $5,700     1,074   1,254   1,416  1,602  1,782   1,782    7,972        

$5,701 - $6,200       882   1,074   1,254  1,416  1,602   1,782    7,978        

$6,201 - $7,200       708     882   1,074  1,254  1,416   1,602    7,984        

$7,201 - $8,200       534     708     882  1,074  1,254   1,416    7,990        

$8,201 - $9,200       432     534     708    882  1,074   1,254    7,996        

$9,201 - $10,700      348     432     534    708    882   1,074    8,002        

$10,701 - $12,200     324     348     432    534    708     882    8,008        

$12,201 - $13,700     294     324     348    432    534     708    8,014        

$13,701 - $15,200     -0-     294     324    348    432     534    8,020        

$15,201 - $18,200     -0-     -0-     294    324    348     432    8,026        

$18,201 - $21,200     -0-     -0-     -0-    294    324     348    8,032        

$21,201 - $24,200     -0-     -0-     -0-    -0-    294     324    8,038        

$24,201 - $28,900     -0-     -0-     -0-    -0-    -0-     294    8,044        

Over $28,900          -0-     -0-     -0-    -0-    -0-     -0-    8,047        

                                                          163    


                                                                 
UNDER $4,201       $1,956  $1,956  $1,956 $1,956 $1,956  $1,956    8,056        

 4,201 - $4,800     1,764   1,956   1,956  1,956  1,956   1,956    8,063        

$4,801 - $5,300     1,554   1,764   1,956  1,956  1,956   1,956    8,070        

$5,301 - $5,800     1,380   1,554   1,764  1,956  1,956   1,956    8,077        

$5,801 - $6,300     1,182   1,380   1,554  1,764  1,956   1,956    8,084        

$6,301 - $6,800       966   1,182   1,380  1,554  1,764   1,956    8,091        

$6,801 - $7,800       774     966   1,182  1,380  1,554   1,764    8,098        

$7,801 - $8,800       582     774     966  1,182  1,380   1,554    8,105        

$8,801 - $9,800       468     582     774    966  1,182   1,380    8,112        

$9,801 - $11,300      378     468     582    774    966   1,182    8,119        

$11,301 - $12,800     348     378     468    582    774     966    8,126        

$12,801 - $14,300     318     348     378    468    582     774    8,133        

$14,301 - $15,800     162     318     348    378    468     582    8,140        

$15,801 - $18,800     -0-     162     318    348    378     468    8,147        

$18,801 - $21,800     -0-     -0-     162    318    348     378    8,154        

$21,801 - $24,800     -0-     -0-     -0-    162    318     348    8,161        

$24,801 - $29,500     -0-     -0-     -0-    -0-    162     318    8,168        

$29,501 - $34,500     -0-     -0-     -0-    -0-    -0-     162    8,175        

OVER $34,500          -0-     -0-     -0-    -0-    -0-     -0-    8,182        

      (D)  FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE         8,185        

INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION   8,186        

OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION  8,187        

(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A           8,189        

PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF    8,190        

THAT DIVISION.  THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE    8,191        

ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION.    8,192        

THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE    8,193        

MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION.                     8,194        

      (E)  No grant shall be made to any student in a course of    8,196        

study in theology, religion, or other field of preparation for a   8,197        

religious profession unless such course of study leads to an       8,198        

accredited bachelor of arts, bachelor of science, or associate of  8,199        

arts degree.                                                       8,200        

      (E)(F)(1)  Except as provided in division (E)(F)(2) of this  8,203        

                                                          164    


                                                                 
section, no grant shall be made to any student for enrollment      8,204        

during a school FISCAL year in an institution with a COHORT        8,206        

default rate DETERMINED BY THE UNITED STATES SECRETARY OF          8,208        

EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986,"   8,211        

100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the      8,214        

fifteenth day of June preceding such school THE FISCAL year,                    

equal to or greater than thirty per cent for each of the           8,215        

preceding two FISCAL years.                                        8,216        

      (2)  Division (E)(F)(1) of this section does not apply to    8,218        

the following:                                                     8,219        

      (a)  Any student enrolled in an institution that under THE   8,221        

federal law appeals its loss of eligibility for federal financial  8,222        

aid and the United States secretary of education determines its    8,223        

COHORT default rate after recalculation is lower than the rate     8,224        

specified in division (E)(F)(1) of this section or the secretary   8,226        

determines due to mitigating circumstances the institution may     8,227        

continue to participate in federal financial aid programs.  The    8,228        

board shall adopt rules requiring institutions to provide          8,229        

information regarding an appeal to the board.                      8,230        

      (b)  Any student who has previously received a grant under   8,232        

this section who meets all other requirements of this section.     8,233        

      (3)  The board shall adopt rules for the notification of     8,236        

all institutions whose students will be ineligible to participate  8,237        

in the grant program pursuant to division (E)(F)(1) of this        8,238        

section.                                                                        

      (4)  A student's attendance at an institution whose          8,240        

students lose eligibility for grants under division (E)(F)(1) of   8,242        

this section shall not affect that student's eligibility to                     

receive a grant when enrolled in another institution.              8,243        

      (F)(G)  Institutions of higher education that enroll         8,245        

students receiving instructional grants under this section shall   8,246        

report to the board all students who have received instructional   8,247        

grants but are no longer eligible for all or part of such grants   8,248        

and shall refund any moneys due the state within thirty days       8,249        

                                                          165    


                                                                 
after the beginning of the quarter or term immediately following   8,250        

the quarter or term in which the student was no longer eligible    8,251        

to receive all or part of the student's grant.  There shall be an  8,253        

interest charge of one per cent per month on all moneys due and    8,254        

payable after such thirty-day period.  The board shall             8,255        

immediately notify the office of budget and management and the     8,256        

legislative budget office of the legislative service commission    8,257        

of all refunds so received.                                        8,258        

      Sec. 3333.20.  (A)  On or before September 1, 1993, the THE  8,267        

Ohio board of regents shall adopt MAINTAIN educational service     8,268        

standards that shall apply to all EXPECTATIONS FOR community       8,270        

colleges, university branches, technical colleges, and state       8,272        

community colleges established under Chapters 3354., 3355.,        8,273        

3357., and 3358. of the Revised Code, respectively.  These         8,274        

standards shall EXPECTATIONS provide for GUIDANCE TO such          8,275        

institutions to offer or demonstrate at least the following        8,276        

REGARDING MINIMUM SERVICES AND PROGRAMS THAT SHOULD BE AVAILABLE   8,277        

TO EVERY COMMUNITY.  THE EXPECTATIONS ARE:                         8,278        

      (1)  An appropriate A range of career or technical programs  8,281        

PROGRAMMING designed to prepare individuals for employment in      8,282        

specific careers at the technical or paraprofessional level;       8,283        

      (2)  Commitment to an effective array of developmental       8,285        

education services providing opportunities for academic skill      8,286        

enhancement;                                                       8,287        

      (3)  Partnerships with industry, business, government, and   8,289        

labor for the retraining EDUCATION AND TRAINING of the workforce   8,290        

and TO ENHANCE the economic development of the community;          8,292        

      (4)  Noncredit continuing education opportunities;           8,294        

      (5)  College transfer programs or the initial two years of   8,297        

a baccalaureate degree for students planning to transfer to                     

institutions offering baccalaureate programs PROGRAMS AND          8,298        

SERVICES THAT ASSIST STUDENT ADVANCEMENT TOWARD A BACCALAUREATE    8,299        

DEGREE;                                                                         

      (6)  Linkages with high schools to ensure that graduates     8,301        

                                                          166    


                                                                 
are adequately prepared for post-secondary instruction HIGHER      8,302        

EDUCATION;                                                         8,303        

      (7)  Student access provided according to a convenient       8,305        

schedule and program quality provided at an affordable price A     8,306        

LEARNING ENVIRONMENT THAT IS ACCESSIBLE TO STUDENTS AND THAT USES  8,307        

THE HIGHEST QUALITY INSTRUCTIONAL TECHNIQUES;                      8,308        

      (8)  That student STUDENT fees charged by any institution    8,310        

THAT are as low as possible, especially if the AT ANY institution  8,312        

is being supported by a local tax levy;                            8,313        

      (9)  A high level of community involvement in the            8,315        

decision-making process in such critical areas as course           8,316        

delivery, range of services, fees and budgets, and administrative  8,317        

personnel.                                                         8,318        

      (B)  The AS NEEDED, THE board of regents shall consult with  8,320        

representatives of state-assisted colleges and universities, as    8,321        

defined in section 3333.041 of the Revised Code, in developing     8,322        

appropriate methods for achieving or maintaining the standards     8,323        

EXPECTATIONS adopted pursuant to division (A) of this section.     8,325        

      (C)  In considering institutions that are co-located, the    8,327        

board of regents shall apply the standards to them in two          8,328        

manners:                                                                        

      (1)  As a whole entity;                                      8,330        

      (2)  As separate entities, applying the standards            8,332        

separately to each.                                                             

      When distributing any state funds among institutions based   8,334        

on the degree to which they meet the standards, the board of       8,335        

regents shall provide to institutions that are co-located the      8,336        

higher amount produced by the two judgments under divisions        8,337        

(C)(1) and (2) of this section.                                                 

      Sec. 3333.27.  As used in this section:                      8,346        

      (A)  "Eligible institution" means a nonprofit Ohio           8,348        

institution of higher education that holds a certificate of        8,349        

authorization issued under section 1713.02 of the Revised Code     8,350        

and meets the requirements of Title VI of the Civil Rights Act of  8,351        

                                                          167    


                                                                 
1964.                                                              8,352        

      (B)  "Resident" and "full-time student" have the meanings    8,354        

established for purposes of this section by rule of the Ohio       8,355        

board of regents.                                                  8,356        

      The board shall establish and administer a student choice    8,359        

grant program and shall adopt rules for the administration of the  8,360        

program.                                                                        

      The board may make a grant to any resident of this state     8,363        

who is enrolled as a full-time student in a bachelor's degree      8,364        

program at an eligible institution and maintains an academic       8,365        

record that meets or exceeds the standard established pursuant to  8,366        

this section by rule of the board, except that no grant shall be   8,367        

made to any individual who was enrolled as a student in an         8,368        

institution of higher education on or before July 1, 1984, or is   8,369        

serving a term of imprisonment.  The grant shall not exceed the    8,370        

lesser of the total instructional and general charges of the       8,371        

institution in which the student is enrolled, or an amount equal   8,372        

to one-fourth of the total of any state instructional subsidy      8,373        

amount distributed by the board in the second fiscal year of the   8,374        

preceding biennium for all full-time students enrolled in          8,375        

bachelor's degree programs at four-year state-assisted             8,376        

institutions of higher education divided by the sum of the actual  8,377        

number of full-time students enrolled in bachelor's degree         8,378        

programs at four-year state-assisted institutions of higher        8,379        

education reported to the board for such year by the institutions  8,380        

to which the subsidy was distributed.                              8,381        

      The board shall prescribe the form and manner of             8,383        

application for grants including the manner of certification by    8,384        

eligible institutions that each applicant from such institution    8,385        

is enrolled in a bachelor's degree program as a full-time student  8,386        

and has an academic record that meets or exceeds the standard      8,387        

established by the board.                                          8,388        

      A grant awarded to an eligible student shall be paid to the  8,390        

institution in which the student is enrolled, and the institution  8,391        

                                                          168    


                                                                 
shall reduce the student's instructional and general charges by    8,392        

the amount of the grant.  Each grant awarded shall be prorated     8,393        

and paid in equal installments at the time of enrollment for each  8,394        

term of the academic year for which the grant is awarded.  No      8,395        

student shall be eligible to receive a grant for more than ten     8,396        

semesters, fifteen quarters, or the equivalent of five academic    8,397        

years.                                                             8,398        

      The receipt of an Ohio student choice grant shall not        8,400        

affect a student's eligibility for assistance, or the amount of    8,401        

such assistance, granted under section 3315.33, 3333.12, 3333.22,  8,402        

3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code.  If a  8,403        

student receives assistance under one or more of such sections,    8,404        

the student choice grant made to the student shall not exceed the  8,406        

difference between the amount of assistance received under such    8,407        

sections and the total instructional and general charges of the    8,408        

institution in which the student is enrolled.                      8,409        

      The general assembly shall support the student choice grant  8,411        

program by such sums and in such manner as it may provide, but     8,412        

the board may also receive funds from other sources to support     8,414        

the program.                                                                    

      No grant shall be made to any student enrolled in a course   8,416        

of study leading to a degree in theology, religion, or other       8,417        

field of preparation for a religious profession UNLESS THE COURSE  8,418        

OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF    8,419        

SCIENCE DEGREE.                                                                 

      Institutions of higher education that enroll students        8,421        

receiving grants under this section shall report to the board the  8,423        

name of each student who has received such a grant but who is no   8,424        

longer eligible for all or part of such grant and shall refund     8,425        

all moneys due to the state within thirty days after the           8,426        

beginning of the term immediately following the term in which the  8,427        

student was no longer eligible to receive all or part of the                    

grant.  There shall be an interest charge of one per cent per      8,428        

month on all moneys due and payable after such thirty-day period.  8,429        

                                                          169    


                                                                 
The board shall immediately notify the office of budget and        8,431        

management and the legislative budget office of the legislative                 

service commission of all refunds received.                        8,432        

      Sec. 5747.01.  Except as otherwise expressly provided or     8,441        

clearly appearing from the context, any term used in this chapter  8,442        

has the same meaning as when used in a comparable context in the   8,443        

Internal Revenue Code, and all other statutes of the United        8,444        

States relating to federal income taxes.                           8,445        

      As used in this chapter:                                     8,447        

      (A)  "Adjusted gross income" or "Ohio adjusted gross         8,449        

income" means adjusted gross income as defined and used in the     8,450        

Internal Revenue Code, adjusted as provided in divisions (A)(1)    8,452        

to (17) of this section:                                                        

      (1)  Add interest or dividends on obligations or securities  8,454        

of any state or of any political subdivision or authority of any   8,455        

state, other than this state and its subdivisions and              8,456        

authorities.                                                                    

      (2)  Add interest or dividends on obligations of any         8,458        

authority, commission, instrumentality, territory, or possession   8,459        

of the United States that are exempt from federal income taxes     8,460        

but not from state income taxes.                                   8,461        

      (3)  Deduct interest or dividends on obligations of the      8,463        

United States and its territories and possessions or of any        8,464        

authority, commission, or instrumentality of the United States to  8,465        

the extent included in federal adjusted gross income but exempt    8,466        

from state income taxes under the laws of the United States.       8,467        

      (4)  Deduct disability and survivor's benefits to the        8,469        

extent included in federal adjusted gross income.                  8,470        

      (5)  Deduct benefits under Title II of the Social Security   8,472        

Act and tier 1 railroad retirement benefits to the extent          8,473        

included in federal adjusted gross income under section 86 of the  8,474        

Internal Revenue Code.                                             8,475        

      (6)  Add, in the case of a taxpayer who is a beneficiary of  8,477        

a trust that makes an accumulation distribution as defined in      8,478        

                                                          170    


                                                                 
section 665 of the Internal Revenue Code, the portion, if any, of  8,479        

such distribution that does not exceed the undistributed net       8,480        

income of the trust for the three taxable years preceding the      8,481        

taxable year in which the distribution is made.  "Undistributed    8,482        

net income of a trust" means the taxable income of the trust       8,483        

increased by (a)(i) the additions to adjusted gross income         8,484        

required under division (A) of this section and (ii) the personal  8,485        

exemptions allowed to the trust pursuant to section 642(b) of the  8,486        

Internal Revenue Code, and decreased by (b)(i) the deductions to   8,487        

adjusted gross income required under division (A) of this          8,488        

section, (ii) the amount of federal income taxes attributable to   8,489        

such income, and (iii) the amount of taxable income that has been  8,490        

included in the adjusted gross income of a beneficiary by reason   8,491        

of a prior accumulation distribution.  Any undistributed net       8,492        

income included in the adjusted gross income of a beneficiary      8,493        

shall reduce the undistributed net income of the trust commencing  8,494        

with the earliest years of the accumulation period.                8,495        

      (7)  Deduct the amount of wages and salaries, if any, not    8,497        

otherwise allowable as a deduction but that would have been        8,498        

allowable as a deduction in computing federal adjusted gross       8,499        

income for the taxable year, had the targeted jobs credit allowed  8,500        

and determined under sections 38, 51, and 52 of the Internal       8,501        

Revenue Code not been in effect.                                   8,502        

      (8)  Deduct any interest or interest equivalent on public    8,504        

obligations and purchase obligations to the extent included in     8,505        

federal adjusted gross income.                                     8,506        

      (9)  Add any loss or deduct any gain resulting from the      8,508        

sale, exchange, or other disposition of public obligations to the  8,509        

extent included in federal adjusted gross income.                  8,510        

      (10)  Regarding tuition credits purchased under Chapter      8,512        

3334. of the Revised Code:                                         8,513        

      (a)  Deduct the following:                                   8,515        

      (i)  For credits that as of the end of the taxable year      8,518        

have not been refunded pursuant to the termination of a tuition                 

                                                          171    


                                                                 
payment contract under section 3334.10 of the Revised Code, the    8,520        

amount of income related to the credits, to the extent included    8,521        

in federal adjusted gross income;                                               

      (ii)  For credits that during the taxable year have been     8,524        

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  8,525        

the total purchase price of the tuition credits refunded over the  8,526        

amount of refund, to the extent the amount of the excess was not   8,527        

deducted in determining federal adjusted gross income;             8,528        

      (b)  Add the following:                                      8,530        

      (i)  For credits that as of the end of the taxable year      8,533        

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    8,534        

amount of loss related to the credits, to the extent the amount    8,535        

of the loss was deducted in determining federal adjusted gross     8,536        

income;                                                                         

      (ii)  For credits that during the taxable year have been     8,539        

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  8,541        

the amount of refund over the purchase price of each tuition       8,542        

credit refunded, to the extent not included in federal adjusted    8,543        

gross income.                                                                   

      (11)  Deduct, in the case of a self-employed individual as   8,545        

defined in section 401(c)(1) of the Internal Revenue Code and to   8,546        

the extent not otherwise allowable as a deduction in computing     8,547        

federal adjusted gross income for the taxable year, the amount     8,548        

paid during the taxable year for insurance that constitutes        8,550        

medical care for the taxpayer, the taxpayer's spouse, and                       

dependents.  No deduction under division (A)(11) of this section   8,552        

shall be allowed to any taxpayer who is eligible to participate    8,553        

in any subsidized health plan maintained by any employer of the    8,554        

taxpayer or of the spouse of the taxpayer.  No deduction under     8,555        

division (A)(11) of this section shall be allowed to the extent    8,556        

that the sum of such deduction and any related deduction           8,557        

                                                          172    


                                                                 
allowable in computing federal adjusted gross income for the       8,558        

taxable year exceeds the taxpayer's earned income, within the      8,559        

meaning of section 401(c) of the Internal Revenue Code, derived    8,560        

by the taxpayer from the trade or business with respect to which   8,561        

the plan providing the medical coverage is established.            8,562        

      (12)  Deduct any amount included in federal adjusted gross   8,564        

income solely because the amount represents a reimbursement or     8,565        

refund of expenses that in a previous year the taxpayer had        8,566        

deducted as an itemized deduction pursuant to section 63 of the    8,567        

Internal Revenue Code and applicable United States department of   8,569        

the treasury regulations.                                                       

      (13)  Deduct any portion of the deduction described in       8,571        

section 1341(a)(2) of the Internal Revenue Code, for repaying      8,572        

previously reported income received under a claim of right, that   8,573        

meets both of the following requirements:                          8,574        

      (a)  It is allowable for repayment of an item that was       8,576        

included in the taxpayer's adjusted gross income for a prior       8,577        

taxable year and did not qualify for a credit under division (A)   8,578        

or (B) of section 5747.05 of the Revised Code for that year;       8,579        

      (b)  It does not otherwise reduce the taxpayer's adjusted    8,581        

gross income for the current or any other taxable year.            8,582        

      (14)  Deduct an amount equal to the deposits made to, and    8,584        

net investment earnings of, a medical savings account during the   8,585        

taxable year, in accordance with section 3924.66 of the Revised    8,586        

Code.  The deduction allowed by division (A)(14) of this section   8,587        

does not apply to medical savings account deposits and earnings    8,588        

otherwise deducted or excluded for the current or any other        8,589        

taxable year from the taxpayer's federal adjusted gross income.    8,590        

      (15)(a)  Add an amount equal to the funds withdrawn from a   8,592        

medical savings account during the taxable year, and the net       8,593        

investment earnings on those funds, when the funds withdrawn were  8,594        

used for any purpose other than to reimburse an account holder     8,595        

for, or to pay, eligible medical expenses, in accordance with      8,596        

section 3924.66 of the Revised Code;                                            

                                                          173    


                                                                 
      (b)  Add the amounts distributed from a medical savings      8,598        

account under division (A)(2) of section 3924.68 of the Revised    8,599        

Code during the taxable year.                                      8,600        

      (16)  Add any amount claimed as a credit under section       8,602        

5747.059 of the Revised Code to the extent that such amount        8,603        

satisfies either of the following:                                              

      (a)  The amount was deducted or excluded from the            8,605        

computation of the taxpayer's federal adjusted gross income as     8,606        

required to be reported for the taxpayer's taxable year under the  8,607        

Internal Revenue Code;                                                          

      (b)  The amount resulted in a reduction of the taxpayer's    8,609        

federal adjusted gross income as required to be reported for any   8,610        

of the taxpayer's taxable years under the Internal Revenue Code.   8,611        

      (17)  Deduct the amount contributed by the taxpayer to an    8,613        

individual development account program established by a county     8,614        

department of human services pursuant to sections 329.11 to        8,615        

329.14 of the Revised Code for the purpose of matching funds       8,616        

deposited by program participants.  On request of the tax          8,617        

commissioner, the taxpayer shall provide any information that, in               

the tax commissioner's opinion, is necessary to establish the      8,618        

amount deducted under division (A)(17) of this section.            8,619        

      (18)  IF THE TAXPAYER IS MARRIED AND FILES A JOINT RETURN    8,621        

AND THE COMBINED FEDERAL ADJUSTED GROSS INCOME OF THE TAXPAYER     8,622        

AND THE TAXPAYER'S SPOUSE FOR THE TAXABLE YEAR DOES NOT EXCEED     8,623        

ONE HUNDRED THOUSAND DOLLARS, OR IF THE TAXPAYER IS SINGLE AND     8,624        

HAS A FEDERAL ADJUSTED GROSS INCOME FOR THE TAXABLE YEAR NOT       8,625        

EXCEEDING FIFTY THOUSAND DOLLARS, DEDUCT AMOUNTS PAID DURING THE                

TAXABLE YEAR FOR QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE    8,626        

INSTITUTION FOR THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY        8,627        

DEPENDENT OF THE TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS  8,628        

ENROLLED IN OR ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR  8,629        

DIPLOMA AT AN ELIGIBLE INSTITUTION.  THE DEDUCTION MAY BE CLAIMED  8,630        

ONLY TO THE EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT                      

OTHERWISE DEDUCTED OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL   8,631        

                                                          174    


                                                                 
OR OHIO ADJUSTED GROSS INCOME.  THE DEDUCTION MAY NOT BE CLAIMED   8,633        

FOR EDUCATIONAL EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT    8,634        

UNDER SECTION 5747.27 OF THE REVISED CODE.                                      

      (19)  ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE      8,636        

YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18)    8,637        

OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE     8,638        

AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME.    8,639        

      (B)  "Business income" means income arising from             8,641        

transactions, activities, and sources in the regular course of a   8,642        

trade or business and includes income from tangible and            8,643        

intangible property if the acquisition, rental, management, and    8,644        

disposition of the property constitute integral parts of the       8,645        

regular course of a trade or business operation.                   8,646        

      (C)  "Nonbusiness income" means all income other than        8,648        

business income and may include, but is not limited to,            8,649        

compensation, rents and royalties from real or tangible personal   8,650        

property, capital gains, interest, dividends and distributions,    8,651        

patent or copyright royalties, or lottery winnings, prizes, and    8,652        

awards.                                                            8,653        

      (D)  "Compensation" means any form of remuneration paid to   8,655        

an employee for personal services.                                 8,656        

      (E)  "Fiduciary" means a guardian, trustee, executor,        8,658        

administrator, receiver, conservator, or any other person acting   8,659        

in any fiduciary capacity for any individual, trust, or estate.    8,660        

      (F)  "Fiscal year" means an accounting period of twelve      8,662        

months ending on the last day of any month other than December.    8,663        

      (G)  "Individual" means any natural person.                  8,665        

      (H)  "Internal Revenue Code" means the "Internal Revenue     8,667        

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          8,668        

      (I)  "Resident" means:                                       8,670        

      (1)  An individual who is domiciled in this state, subject   8,672        

to section 5747.24 of the Revised Code;                            8,673        

      (2)  The estate of a decedent who at the time of death was   8,676        

domiciled in this state.  The domicile tests of section 5747.24    8,677        

                                                          175    


                                                                 
of the Revised Code and any election under section 5747.25 of the  8,678        

Revised Code are not controlling for purposes of division (I)(2)   8,679        

of this section.                                                                

      (J)  "Nonresident" means an individual or estate that is     8,681        

not a resident.  An individual who is a resident for only part of  8,682        

a taxable year is a nonresident for the remainder of that taxable  8,683        

year.                                                              8,684        

      (K)  "Pass-through entity" has the same meaning as in        8,686        

section 5733.04 of the Revised Code.                               8,687        

      (L)  "Return" means the notifications and reports required   8,689        

to be filed pursuant to this chapter for the purpose of reporting  8,690        

the tax due and includes declarations of estimated tax when so     8,691        

required.                                                          8,692        

      (M)  "Taxable year" means the calendar year or the           8,694        

taxpayer's fiscal year ending during the calendar year, or         8,695        

fractional part thereof, upon which the adjusted gross income is   8,696        

calculated pursuant to this chapter.                               8,697        

      (N)  "Taxpayer" means any person subject to the tax imposed  8,699        

by section 5747.02 of the Revised Code or any pass-through entity  8,700        

that makes the election under division (D) of section 5747.08 of   8,701        

the Revised Code.                                                               

      (O)  "Dependents" means dependents as defined in the         8,703        

Internal Revenue Code and as claimed in the taxpayer's federal     8,704        

income tax return for the taxable year or which the taxpayer       8,705        

would have been permitted to claim had the taxpayer filed a        8,706        

federal income tax return.                                         8,708        

      (P)  "Principal county of employment" means, in the case of  8,710        

a nonresident, the county within the state in which a taxpayer     8,711        

performs services for an employer or, if those services are        8,712        

performed in more than one county, the county in which the major   8,713        

portion of the services are performed.                             8,714        

      (Q)  As used in sections 5747.50 to 5747.55 of the Revised   8,716        

Code:                                                                           

      (1)  "Subdivision" means any county, municipal corporation,  8,718        

                                                          176    


                                                                 
park district, or township.                                        8,719        

      (2)  "Essential local government purposes" includes all      8,721        

functions that any subdivision is required by general law to       8,722        

exercise, including like functions that are exercised under a      8,723        

charter adopted pursuant to the Ohio Constitution.                 8,724        

      (R)  "Overpayment" means any amount already paid that        8,726        

exceeds the figure determined to be the correct amount of the      8,727        

tax.                                                               8,728        

      (S)  "Taxable income" applies to estates only and means      8,730        

taxable income as defined and used in the Internal Revenue Code    8,731        

adjusted as follows:                                               8,732        

      (1)  Add interest or dividends on obligations or securities  8,734        

of any state or of any political subdivision or authority of any   8,735        

state, other than this state and its subdivisions and              8,736        

authorities;                                                       8,737        

      (2)  Add interest or dividends on obligations of any         8,739        

authority, commission, instrumentality, territory, or possession   8,740        

of the United States that are exempt from federal income taxes     8,741        

but not from state income taxes;                                   8,742        

      (3)  Add the amount of personal exemption allowed to the     8,744        

estate pursuant to section 642(b) of the Internal Revenue Code;    8,745        

      (4)  Deduct interest or dividends on obligations of the      8,747        

United States and its territories and possessions or of any        8,748        

authority, commission, or instrumentality of the United States     8,749        

that are exempt from state taxes under the laws of the United      8,750        

States;                                                            8,751        

      (5)  Deduct the amount of wages and salaries, if any, not    8,753        

otherwise allowable as a deduction but that would have been        8,754        

allowable as a deduction in computing federal taxable income for   8,755        

the taxable year, had the targeted jobs credit allowed under       8,756        

sections 38, 51, and 52 of the Internal Revenue Code not been in   8,757        

effect;                                                            8,758        

      (6)  Deduct any interest or interest equivalent on public    8,760        

obligations and purchase obligations to the extent included in     8,761        

                                                          177    


                                                                 
federal taxable income;                                            8,762        

      (7)  Add any loss or deduct any gain resulting from sale,    8,764        

exchange, or other disposition of public obligations to the        8,765        

extent included in federal taxable income;                         8,766        

      (8)  Except in the case of the final return of an estate,    8,768        

add any amount deducted by the taxpayer on both its Ohio estate    8,769        

tax return pursuant to section 5731.14 of the Revised Code, and    8,770        

on its federal income tax return in determining either federal     8,771        

adjusted gross income or federal taxable income;                   8,772        

      (9)  Deduct any amount included in federal taxable income    8,774        

solely because the amount represents a reimbursement or refund of  8,775        

expenses that in a previous year the decedent had deducted as an   8,776        

itemized deduction pursuant to section 63 of the Internal Revenue  8,777        

Code and applicable treasury regulations;                          8,778        

      (10)  Deduct any portion of the deduction described in       8,780        

section 1341(a)(2) of the Internal Revenue Code, for repaying      8,781        

previously reported income received under a claim of right, that   8,782        

meets both of the following requirements:                          8,783        

      (a)  It is allowable for repayment of an item that was       8,785        

included in the taxpayer's taxable income or the decedent's        8,786        

adjusted gross income for a prior taxable year and did not         8,787        

qualify for a credit under division (A) or (B) of section 5747.05  8,788        

of the Revised Code for that year.                                 8,789        

      (b)  It does not otherwise reduce the taxpayer's taxable     8,791        

income or the decedent's adjusted gross income for the current or  8,792        

any other taxable year.                                            8,793        

      (11)  Add any amount claimed as a credit under section       8,795        

5747.059 of the Revised Code to the extent that the amount         8,796        

satisfies either of the following:                                 8,797        

      (a)  The amount was deducted or excluded from the            8,799        

computation of the taxpayer's federal taxable income as required   8,800        

to be reported for the taxpayer's taxable year under the Internal  8,801        

Revenue Code;                                                                   

      (b)  The amount resulted in a reduction in the taxpayer's    8,803        

                                                          178    


                                                                 
federal taxable income as required to be reported for any of the   8,804        

taxpayer's taxable years under the Internal Revenue Code.          8,805        

      (T)  "School district income" and "school district income    8,807        

tax" have the same meanings as in section 5748.01 of the Revised   8,808        

Code.                                                              8,809        

      (U)  As used in divisions (A)(8), (A)(9), (S)(6), and        8,811        

(S)(7) of this section, "public obligations," "purchase            8,812        

obligations," and "interest or interest equivalent" have the same  8,813        

meanings as in section 5709.76 of the Revised Code.                8,814        

      (V)  "Limited liability company" means any limited           8,816        

liability company formed under Chapter 1705. of the Revised Code   8,817        

or under the laws of any other state.                              8,818        

      (W)  "Pass-through entity investor" means any person who,    8,820        

during any portion of a taxable year of a pass-through entity, is  8,821        

a partner, member, shareholder, or investor in that pass-through   8,822        

entity.                                                                         

      (X)  "Banking day" has the same meaning as in section        8,824        

1304.01 of the Revised Code.                                       8,825        

      (Y)  "Month" means a calendar month.                         8,827        

      (Z)  "Quarter" means the first three months, the second      8,829        

three months, the third three months, or the last three months of  8,830        

the taxpayer's taxable year.                                                    

      (AA)(1)  "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR  8,832        

STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION        8,833        

3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE,     8,834        

UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS    8,835        

STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE  8,836        

OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED                  

CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD    8,837        

OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE      8,838        

REVISED CODE.                                                                   

      (2)  "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES     8,840        

IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT    8,841        

OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN  8,842        

                                                          179    


                                                                 
EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY         8,843        

EDUCATION.  IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED   8,844        

TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC               

EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION      8,845        

DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF   8,846        

FIVE THOUSAND DOLLARS.  "QUALIFIED TUITION AND FEES" DOES NOT      8,847        

INCLUDE:                                                                        

      (a)  EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS,   8,849        

GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE     8,850        

INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM;                            8,851        

      (b)  THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY     8,853        

FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES         8,854        

UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION;      8,855        

      (c)  TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED     8,857        

THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER           8,858        

EDUCATIONAL BENEFIT PROGRAM.                                                    

      (BB)  Any term used in this chapter that is not otherwise    8,860        

defined in this section and that is not used in a comparable       8,862        

context in the Internal Revenue Code and other statutes of the     8,863        

United States relating to federal income taxes has the same        8,864        

meaning as in section 5733.40 of the Revised Code.                 8,865        

      Sec. 5910.032.  (A)  A war orphans scholarship, as provided  8,874        

under sections 5910.01 to 5910.06 of the Revised Code, shall be    8,875        

granted to the child of any person who, in the course of           8,876        

honorable service in the armed services of the United States, was  8,877        

declared by the United States department of defense to be a                     

prisoner of war or missing in action as a result of the United     8,878        

States' participation in armed conflict on or after January 1,     8,880        

1960, and who IF EITHER OF THE FOLLOWING APPLY:                    8,881        

      (1)  THE PARENT, at the time of entry into the armed         8,883        

services of the United States, or at the time the person PARENT    8,885        

was declared to be a prisoner of war or missing in action, was a   8,886        

resident of Ohio;                                                               

      (2)  IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A     8,888        

                                                          180    


                                                                 
RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A    8,889        

PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN     8,890        

OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE      8,891        

APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST   8,892        

TEN YEARS.  Such                                                                

      THE scholarships shall be in addition to the total number    8,894        

of scholarships provided under section 5910.05 of the Revised      8,895        

Code.  Notwithstanding section 5910.03 of the Revised Code,        8,896        

scholarships provided under this section shall be made to any      8,897        

such child who, at the time of application, has attained the       8,898        

sixteenth, but not the twenty-first, birthday.  The termination    8,900        

of a child's parent or guardian's status as a prisoner of war or   8,901        

being missing in action does not affect such child's eligibility                

for the benefit provided by this section.                          8,902        

      (B)  Scholarships provided under this section shall consist  8,904        

of either of the following:                                        8,905        

      (1)  A scholarship of the type described in division (A) of  8,907        

section 5910.04 of the Revised Code together with reasonable and   8,908        

necessary expenses for room, board, books, and laboratory fees.    8,909        

The additional amount for such expenses shall be paid from moneys  8,910        

appropriated by the general assembly for such purpose.             8,911        

      (2)  A scholarship of the type described in division (B) of  8,913        

section 5910.04 of the Revised Code together with an additional    8,914        

grant equal to the average value of the reasonable and necessary   8,915        

expenses granted under division (B)(1) of this section during the  8,916        

preceding year for room, board, books, and laboratory fees.  The   8,917        

additional grant shall be paid from moneys appropriated by the                  

general assembly for such purpose, and shall be paid to the child  8,919        

through the institution in which the child is enrolled.  In no     8,920        

case shall the additional grant exceed the amount actually         8,922        

expended by the child for room, board, books, and laboratory       8,923        

fees.                                                                           

      Section 2.  That existing sections 125.05, 3301.80,          8,925        

3301.801, 3313.21, 3314.02, 3314.03, 3314.06, 3314.08, 3314.09,    8,926        

                                                          181    


                                                                 
3314.11, 3316.05, 3316.06, 3317.02, 3317.022, 3317.023, 3317.024,  8,928        

3317.029, 3317.0212, 3317.0216, 3317.03, 3317.033, 3317.05,        8,930        

3317.051, 3317.06, 3317.082, 3317.11, 3317.162, 3317.51, 3318.01,  8,931        

3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 3318.13,  8,934        

3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 3318.25,     8,935        

3318.26, 3318.29, 3318.35, 3319.235, 3332.05, 3332.07, 3333.04,    8,936        

3333.12, 3333.20, 3333.27, 5747.01, and 5910.032 and sections      8,937        

3317.0214, 3317.053, 3317.16, 3318.23, 3318.24, and 3318.27 of     8,938        

the Revised Code are hereby repealed.                              8,940        

      Section 3.  Except as otherwise provided, all appropriation  8,942        

line items (ALI) in this act are hereby appropriated out of any    8,943        

moneys in the state treasury to the credit of the designated       8,944        

fund, which are not otherwise appropriated.  For all               8,945        

appropriations made in this act, those amounts in the first        8,946        

column are for fiscal year 2000 and those amounts in the second                 

column are for fiscal year 2001.                                   8,947        

FND ALI     ALI TITLE                    FY 2000        FY 2001    8,948        

      Section 4.  EDU  DEPARTMENT OF EDUCATION                     8,951        

General Revenue Fund                                               8,953        

GRF 200-100 Personal Services     $   11,940,600 $   12,265,000    8,958        

GRF 200-320 Maintenance and                                        8,960        

            Equipment             $    9,293,979 $    8,943,979    8,962        

GRF 200-406 Head Start            $   97,992,016 $  101,843,825    8,966        

GRF 200-408 Public Preschool      $   18,316,606 $   18,756,205    8,970        

GRF 200-410 Professional                                           8,972        

            Development           $   27,528,834 $   28,403,834    8,974        

GRF 200-411 Family and Children                                    8,976        

            First                 $   10,642,188 $   10,642,188    8,978        

GRF 200-416 Vocational Education                                   8,980        

            Match                 $    2,325,916 $    2,381,738    8,982        

GRF 200-420 Technical Systems                                      8,984        

            Development           $    3,450,000 $    2,350,000    8,986        

GRF 200-422 School Management                                      8,988        

            Assistance            $    1,387,186 $    1,440,836    8,990        

                                                          182    


                                                                 
GRF 200-424 Policy Analysis       $      505,354 $      637,655    8,994        

GRF 200-426 Ohio Educational                                       8,996        

            Computer Network      $   25,089,772 $   37,004,086    8,998        

GRF 200-431 School Improvement                                     9,000        

            Models                $   25,100,000 $   24,975,000    9,002        

GRF 200-432 School Conflict                                        9,004        

            Management            $      411,645 $      421,524    9,006        

GRF 200-437 Student Proficiency   $   16,097,983 $   15,692,045    9,010        

GRF 200-441 American Sign                                          9,012        

            Language              $      231,449 $      237,003    9,014        

GRF 200-442 Child Care Licensing  $    1,477,003 $    1,518,359    9,018        

GRF 200-445 OhioReads                                              9,020        

            Admin/Volunteer                                                     

            Support               $    5,000,000 $    5,000,000    9,022        

GRF 200-446 Education Management                                   9,024        

            Information System    $   13,799,674 $   12,649,674    9,026        

GRF 200-447 GED Testing/Adult                                      9,028        

            High School           $    2,033,187 $    2,081,983    9,030        

GRF 200-455 Community Schools     $    3,500,000 $    3,500,000    9,034        

GRF 200-500 School Finance Equity $   36,845,562 $   23,941,627    9,038        

GRF 200-501 Base Cost Funding     $3,286,233,067 $3,560,563,368    9,042        

GRF 200-502 Pupil Transportation  $  264,505,200 $  290,450,245    9,046        

GRF 200-503 Bus Purchase                                           9,048        

            Allowance             $   38,132,291 $   39,047,466    9,050        

GRF 200-505 School Lunch Match    $    9,450,000 $    9,450,000    9,054        

GRF 200-509 Adult Literacy                                         9,056        

            Education             $    9,361,964 $    9,586,651    9,058        

GRF 200-511 Auxiliary Services    $  110,255,190 $  118,083,309    9,062        

GRF 200-514 Post-Secondary/Adult                                   9,064        

            Vocational Education  $   21,171,866 $   21,679,991    9,066        

GRF 200-520 Disadvantaged Pupil                                    9,068        

            Impact Aid            $  391,208,953 $  391,208,954    9,070        

GRF 200-521 Gifted Pupil Program  $   38,169,302 $   39,229,245    9,074        

                                                          183    


                                                                 
GRF 200-524 Educational                                            9,076        

            Excellence and                                                      

            Competency            $    9,000,000 $    9,000,000    9,078        

GRF 200-532 Nonpublic                                              9,080        

            Administrative Cost                                                 

            Reimbursement         $   48,062,292 $   51,474,714    9,082        

GRF 200-533 School-Age Child Care $    1,070,720 $    1,096,417    9,086        

GRF 200-534 Desegregation Costs   $   12,000,000 $   11,700,000    9,090        

GRF 200-540 Special Education                                      9,092        

            Enhancements          $  126,283,848 $  137,684,164    9,094        

GRF 200-545 Vocational Education                                   9,096        

            Enhancements          $  223,253,842 $  233,292,398    9,098        

GRF 200-546 Charge-Off Supplement $   10,000,000 $   20,000,000    9,102        

GRF 200-547 Power Equalization    $   21,900,000 $   34,700,000    9,106        

GRF 200-551 Reading Improvement   $    1,704,454 $    1,745,361    9,110        

GRF 200-552 County MR/DD Boards                                    9,112        

            Vehicle Purchases     $    1,627,152 $    1,666,204    9,114        

GRF 200-553 County MR/DD Boards                                    9,116        

            Transportation                                                      

            Operating             $    8,006,400 $    9,895,910    9,118        

GRF 200-558 Emergency Loan                                         9,120        

            Interest Subsidy      $    6,940,447 $    5,470,150    9,122        

GRF 200-566 OhioReads Grants      $   25,000,000 $   25,000,000    9,126        

GRF 200-570 School Improvement                                     9,128        

            Incentive Grants      $   10,000,000 $   10,000,000    9,130        

GRF 200-572 Teacher Incentive                                      9,132        

            Grants                $    5,000,000 $            0    9,134        

GRF 200-573 Character Education   $    1,000,000 $    1,000,000    9,138        

GRF 200-574 Substance Abuse                                        9,140        

            Prevention            $    2,300,000 $    2,420,000    9,142        

GRF 200-575 12th Grade                                             9,144        

            Proficiency Stipend   $   17,500,000 $   17,500,000    9,146        

GRF 200-901 Property Tax                                           9,148        

            Allocation -                                                        

                                                          184    


                                                                 
            Education             $  636,200,000 $  673,960,000    9,150        

GRF 200-906 Tangible Tax                                           9,152        

            Exemption - Education $   69,000,000 $   71,000,000    9,154        

TOTAL GRF General Revenue Fund    $5,717,305,942 $6,112,591,108    9,157        

General Services Fund Group                                        9,160        

138 200-606 Computer Services     $    4,255,067 $    4,374,209    9,165        

4D1 200-602 Ohio                                                   9,167        

            Prevention/Education                                                

            Resource Center       $      293,321 $      301,534    9,169        

4L2 200-681 Teacher Certification                                  9,171        

            and Licensure         $    3,774,544 $    3,880,232    9,173        

452 200-638 Miscellaneous Revenue $      295,000 $      295,000    9,177        

5H3 200-687 School District                                        9,179        

            Solvency Assistance   $   30,000,000 $   30,000,000    9,181        

596 200-656 Ohio Career                                            9,183        

            Information System    $      699,399 $      718,084    9,185        

TOTAL GSF General Services                                         9,186        

   Fund Group                     $   39,317,331 $   39,569,059    9,189        

Federal Special Revenue Fund Group                                 9,192        

309 200-601 Educationally                                          9,195        

            Disadvantaged         $    8,560,567 $    8,988,595    9,197        

366 200-604 Adult Basic Education $   14,901,137 $   14,901,137    9,201        

3H9 200-605 Head Start                                             9,203        

            Collaboration Project $      250,000 $      250,000    9,205        

367 200-607 School Food Services  $    9,492,000 $    9,783,000    9,209        

3T4 200-613 Public Charter                                         9,211        

            Schools               $    3,157,895 $    4,725,000    9,213        

368 200-614 Veterans' Training    $      609,517 $      626,584    9,217        

369 200-616 Vocational Education  $    7,500,000 $    8,000,000    9,221        

3L6 200-617 Federal School Lunch  $  163,500,000 $  170,500,000    9,225        

3L7 200-618 Federal School                                         9,227        

            Breakfast             $   40,500,000 $   44,500,000    9,229        

3L8 200-619 Child and Adult Care                                   9,231        

            Programs              $   58,600,000 $   58,600,000    9,233        

                                                          185    


                                                                 
3L9 200-621 Vocational Education                                   9,235        

            Basic Grant           $   55,583,418 $   57,139,754    9,237        

3M0 200-623 ESEA Chapter One      $  375,633,666 $  394,415,350    9,241        

370 200-624 Education of All                                       9,243        

            Handicapped Children  $      274,949 $            0    9,245        

3T5 200-625 Coordinated School                                     9,247        

            Health                $      536,437 $      536,437    9,249        

3N7 200-627 School-to-Work        $   13,864,500 $   14,252,706    9,253        

371 200-631 EEO Title IV          $      488,052 $      508,917    9,257        

374 200-647 E.S.E.A. Consolidated                                  9,259        

            Grants                $      107,096 $      110,094    9,261        

376 200-653 J.T.P.A.              $    5,123,365 $    5,266,819    9,265        

3R3 200-654 Goals 2000            $   19,453,001 $   20,425,651    9,269        

378 200-660 Math/Science                                           9,271        

            Technology                                                          

            Investments           $   11,686,926 $   12,271,272    9,273        

3C5 200-661 Federal Dependent                                      9,275        

            Care Programs         $   17,996,709 $   17,996,709    9,277        

3D1 200-664 Drug Free Schools     $   20,026,500 $   20,587,242    9,281        

3D2 200-667 Honors Scholarship                                     9,283        

            Program               $    1,976,400 $    2,371,680    9,285        

3E2 200-668 AIDS Education                                         9,287        

            Project               $      620,774 $      620,774    9,289        

3S7 200-673 Child Care School Age $    5,135,000 $    5,278,000    9,293        

3M1 200-678 ESEA Chapter Two      $   61,901,429 $   16,591,501    9,297        

3M2 200-680 Ind W/Disab Education                                  9,299        

            Act                   $  143,000,000 $  162,000,000    9,301        

3P9 200-686 SRRC/FRC Evaluation                                    9,303        

            Project               $       51,350 $       52,788    9,305        

TOTAL FED Federal Special                                          9,306        

   Revenue Fund Group             $1,040,530,688 $1,051,300,010    9,309        

State Special Revenue Fund Group                                   9,312        

4M4 200-637 Emergency Service                                      9,315        

            Telecommunication                                                   

                                                          186    


                                                                 
            Training              $      762,548 $      783,899    9,317        

4R7 200-695 Indirect Cost                                          9,319        

            Recovery              $    2,868,561 $    2,948,881    9,321        

4V7 200-633 Interagency                                            9,323        

            Vocational Support    $      645,359 $      663,429    9,325        

454 200-610 Guidance and Testing  $      503,912 $      516,484    9,329        

455 200-608 Commodity Foods       $    8,000,000 $    8,000,000    9,333        

598 200-659 Auxiliary Services                                     9,335        

            Mobile Units          $    1,292,714 $    1,328,910    9,337        

620 200-615 Educational Grants    $    1,500,000 $    1,500,000    9,341        

TOTAL SSR State Special Revenue                                    9,342        

   Fund Group                     $   15,573,094 $   15,741,603    9,345        

Lottery Profits Education Fund Group                               9,348        

017 200-612 Base Cost Funding     $  656,247,000 $  660,467,000    9,353        

017 200-682 Lease Rental Payment                                   9,355        

            Reimbursement         $   29,753,000 $   29,733,000    9,357        

TOTAL LPE Lottery Profits                                          9,358        

   Education Fund Group           $  686,000,000 $  690,200,000    9,361        

TOTAL ALL BUDGET FUND GROUPS      $7,498,727,055 $7,909,401,780    9,364        

      Section 4.01.  Personal Services                             9,367        

      Of the foregoing appropriation item 200-100, Personal        9,369        

Services, $120,000 in each fiscal year shall be used to support    9,370        

the salary and fringe benefits of a teacher in residence and       9,371        

support staff at the Governor's Office.                                         

      Maintenance and Equipment                                    9,373        

      Of the foregoing appropriation item 200-320, Maintenance     9,375        

and Equipment, up to $25,000 may be expended in each year of the   9,376        

biennium for State Board of Education out-of-state travel.         9,377        

      Of the foregoing appropriation item 200-320, Maintenance     9,379        

and Equipment, $4,000,000 in each fiscal year shall be reserved    9,380        

to fund expenses associated with the Department of Education's     9,381        

move from the Ohio Departments Building.                                        

      Of the foregoing appropriation item 200-320, Maintenance     9,383        

and Equipment, $30,000 in each fiscal year shall be used to fund   9,384        

                                                          187    


                                                                 
the travel expenses and administrative overhead of the Teacher in  9,385        

Residence and support staff at the Governor's Office.              9,386        

      Section 4.02.  Head Start                                    9,388        

      The foregoing appropriation item 200-406, Head Start, shall  9,390        

be distributed by the Department of Education to Head Start        9,391        

agencies.  A "Head Start agency" means an entity that has been     9,392        

approved to be an agency in accordance with Section 641 [42        9,394        

U.S.C. 9836< of the Head Start Act and amendments thereto, or an   9,395        

entity designated for state Head Start funding under this          9,397        

section.  Participation in state funded Head Start programs is                  

voluntary.                                                                      

      Moneys distributed under this heading shall not be used to   9,399        

reduce expenditures from funds received by a Head Start agency     9,400        

from any other sources.  Section 3301.31 of the Revised Code does  9,401        

not apply to funds distributed under this heading.  In lieu of     9,402        

section 3301.31 of the Revised Code, distribution of moneys under  9,403        

this heading shall be as follows:                                               

      (A)  In fiscal years 2000 and 2001, up to two per cent of    9,405        

the total appropriation may be used by the Department for          9,406        

administrative costs of complying with this section; developing    9,407        

program capacity; and assisting programs with facilities           9,409        

planning, construction, renovation, or lease agreements in                      

combination with the Community Development Finance Fund (CDFF).    9,410        

Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal      9,411        

year 2001 may be used for training in early literacy for Head      9,412        

Start classroom teachers and administrators to support the         9,413        

OhioReads Initiative.                                                           

      (B)  The department shall provide an annual report to the    9,415        

Governor, the Speaker of the House of Representatives, the         9,416        

President of the Senate, the State Board of Education, Head Start  9,417        

grantees, and other interested parties.  The report shall include  9,418        

the following:                                                                  

      (1)  The number and per cent of eligible children by county  9,420        

and by grantee;                                                                 

                                                          188    


                                                                 
      (2)  The amount of state funds requested for continuation    9,422        

per grantee;                                                       9,423        

      (3)  The amount of state funds received for continuation     9,425        

per grantee;                                                       9,426        

      (4)  A summary of program performance on the state critical  9,428        

performance indicators;                                            9,429        

      (5)  A summary of developmental progress of children         9,431        

participating in the state funded Head Start program;              9,432        

      (6)  Any other data reflecting the performance of Head       9,434        

Start that the department considers pertinent.                     9,435        

      (C)  For purposes of this section, "eligible child" means a  9,437        

child who is at least three years of age and not of compulsory     9,438        

school age whose family earns no more than 100 per cent of the     9,439        

federal poverty level.                                                          

      The Department of Education, in consultation with the        9,441        

Department of Human Services, interested parties, and Head Start   9,442        

agencies shall formulate a method for determining an estimate of   9,443        

the number of eligible children and the per cent served by         9,444        

grantee(s) in each county.                                                      

      (D)  After setting aside amounts to make any payments due    9,446        

from the prior fiscal year, in fiscal years 2000 and 2001, funds   9,447        

shall first be distributed to recipients of Head Start funds       9,449        

during the preceding fiscal year.  Awards under this division may  9,451        

be reduced by the amount received in that year for one-time                     

start-up costs and may be adjusted for actual months of program    9,452        

operation or enrollment as reported during the first full week of  9,453        

December, and may be increased by a reasonable percentage for      9,454        

inflation to be determined by the Department of Education and in   9,455        

accordance with this section.  The Department may redistribute     9,456        

dollars to programs demonstrating an unmet need based on updated   9,457        

assessments of family needs and community resources, with special  9,458        

attention to the projected impact of welfare reform.  In fiscal                 

years 2000 and 2001, the department may authorize recipients to    9,459        

carry over funds to the subsequent fiscal year.                    9,460        

                                                          189    


                                                                 
      The Department may reallocate unobligated or unspent money   9,462        

to participating Head Start agencies for purposes of program       9,463        

expansion, improvement, or special projects to promote excellence  9,464        

and innovation.                                                                 

      (E)  Costs for developing and administering a Head Start     9,466        

program may not exceed fifteen per cent of the total approved      9,467        

costs of the program.                                                           

      All recipients of funds shall maintain such fiscal control   9,469        

and accounting procedures as may be necessary to ensure the        9,470        

disbursement of, and accounting for, these funds.  The control of  9,471        

funds provided in this program, and title to property obtained     9,472        

therefrom, shall be under the authority of the approved recipient  9,473        

for purposes provided in the program.  The approved recipient      9,474        

shall administer and use such property and funds for the purposes  9,475        

specified.                                                         9,476        

      Each recipient shall furnish the department an annual audit  9,478        

that includes the review of state funds received under this        9,479        

section.                                                                        

      (F)  The department shall prescribe target levels for        9,483        

critical performance indicators for the purpose of assessing Head  9,484        

Start programs.  On-site reviews and follow-up visits shall be                  

based on grantee progress in meeting the prescribed target         9,485        

levels.                                                                         

      The department may audit a Head Start agency's financial     9,487        

and program records.  Head Start agencies that have financial      9,488        

practices not in accordance with standard accounting principles,   9,489        

that fail to substantially meet the Head Start performance         9,490        

standards, or that exhibit below-average performance shall be      9,491        

subject to an on-site review.                                      9,492        

      The department shall require corrective plans of action for  9,494        

programs not achieving target levels or financial and program      9,495        

standards.  Action plans shall include activities to be conducted  9,497        

by the grantee and timelines for activities to be completed and                 

timelines for additional data submission to the department         9,498        

                                                          190    


                                                                 
demonstrating targets have been met.  The Policy Council           9,499        

chairperson and the appropriate grantee board official shall sign  9,500        

the corrective plans of action.                                                 

      Programs not meeting performance targets in accordance with  9,503        

the plan of action and prescribed timelines may have their                      

continuation funding reduced, be disqualified for expansion        9,504        

consideration until targets are met, or have all state funds       9,505        

withdrawn and a new grantee established.                                        

      The department shall require school districts to collect     9,507        

"preschool" information by program type.  All data shall be        9,508        

reported via the Education Management Information System (EMIS).   9,509        

      (G)  The Department shall require Head Start grantees to     9,511        

document child progress, using a common instrument prescribed by   9,512        

the department, and report results annually.  The department       9,513        

shall determine the dates for documenting and reporting.           9,514        

      The State Board of Education shall adopt rules addressing    9,516        

the use of screening and assessment data, including, but not       9,517        

limited to, all the following:                                     9,518        

      (1)  Protection of the identity of individual children       9,520        

through assignment of a unique but not personally identifiable     9,521        

code;                                                                           

      (2)  Parents' rights;                                        9,523        

      (3)  Use of the data by school personnel as it relates to    9,525        

kindergarten entrance.                                             9,526        

      (H)  New agencies may be designated for state Head Start     9,528        

funding if a Head Start agency voluntarily waives its right for    9,529        

funding or is de-funded based on performance.                      9,530        

      When such a condition exists, the department shall conduct   9,532        

a competitive bidding process to select a new agency to provide    9,533        

state funded continuation and/or expansion services.  The bidding  9,534        

process shall include notices of competitive bidding mailed to     9,535        

delegate agencies in the affected area and to newspapers in the    9,536        

Head Start service area.                                                        

      Section 3313.646 of the Revised Code does not apply to       9,538        

                                                          191    


                                                                 
funds distributed under this section.                              9,539        

      (I)  It is the intent of the General Assembly that           9,541        

appropriations for appropriation items 200-406, Head Start, and    9,542        

200-408, Public Preschool, be available for transfer between Head  9,543        

Start and public preschool programs so that unallocated funds may  9,544        

be used between the two programs.                                  9,545        

      Section 4.03.  Public Preschool                              9,547        

      The Department of Education shall distribute the foregoing   9,549        

appropriation item 200-408, Public Preschool, to pay the costs of  9,551        

comprehensive preschool programs.  As used in this section,        9,552        

"school district" means a city, local, exempted village, or joint  9,553        

vocational school district, or an educational service center.      9,555        

      (A)  In fiscal years 2000 and 2001, up to two per cent of    9,557        

the total appropriation may be used by the department for          9,558        

administrative costs of complying with this section; developing    9,559        

program capacity; and assisting programs with facilities           9,561        

planning, construction, renovation, or lease agreements in         9,562        

conjunction with the Community Development Finance Fund (CDFF).                 

      (B)  The department shall provide an annual report to the    9,565        

Governor, the Speaker of the House of Representatives, the         9,566        

President of the Senate, the State Board of Education, Head Start  9,567        

grantees, and other interested parties.  The report shall          9,568        

include:                                                           9,569        

      (1)  The number and per cent of eligible children by county  9,571        

and by school district;                                            9,572        

      (2)  The amount of state funds requested for continuation    9,574        

per school district;                                                            

      (3)  The amount of state funds received for continuation     9,576        

per school district;                                                            

      (4)  A summary of program performance on the state critical  9,578        

performance indicators in the public preschool program;            9,579        

      (5)  A summary of developmental progress of children         9,581        

participating in the state funded public preschool program;        9,582        

      (6)  Any other data reflecting the performance of public     9,584        

                                                          192    


                                                                 
preschool programs that the department considers pertinent.        9,586        

      (C)  For purposes of this section "eligible child" means a   9,588        

child who is at least three years of age whose family earns no     9,590        

more than 185 per cent of the federal poverty level.                            

      The Department of Education, in consultation with the        9,592        

Department of Human Services, interested parties, and Head Start   9,593        

agencies shall formulate a method for determining an estimate of   9,594        

the number of eligible children and the percentage served by       9,595        

grantees in each county.                                           9,596        

      (D)  After setting aside amounts to make any payments due    9,598        

from the prior fiscal year, in fiscal years 2000 and 2001, funds   9,600        

shall first be distributed to recipients of funds during the       9,602        

preceding fiscal year.  Awards under this division may be reduced  9,603        

by the amount received in that fiscal year for one-time start-up   9,604        

costs and may be adjusted for actual months of program operation   9,605        

or enrollment as reported during the first full week of December,  9,606        

and may be increased by a reasonable percentage to be determined   9,607        

by the Department of Education.  The department may redistribute   9,608        

dollars to programs demonstrating an unmet need based on updated   9,609        

assessments of family needs and community resources, with special  9,610        

attention to the projected impact of welfare reform.  In fiscal    9,611        

years 2000 and 2001, the department may authorize recipients to    9,613        

carry over funds to the subsequent fiscal year.                                 

      The department may reallocate unobligated or unspent money   9,615        

to participating school districts for purposes of program          9,616        

expansion, improvement, or special projects to promote excellence  9,617        

and innovation.                                                    9,618        

      (E)  Costs for developing and administering a preschool      9,620        

program may not exceed fifteen per cent of the total approved      9,621        

costs of the program.                                              9,622        

      All recipients of funds shall maintain such fiscal control   9,624        

and accounting procedures as may be necessary to ensure the        9,625        

disbursement of, and accounting for, these funds.  The control of  9,626        

funds provided in this program, and title to property obtained     9,627        

                                                          193    


                                                                 
therefrom, shall be under the authority of the approved recipient  9,628        

for purposes provided in the program.  The approved recipient      9,629        

shall administer and use such property and funds for the purposes  9,630        

specified.                                                         9,631        

      (F)  The department shall prescribe target levels for        9,633        

critical performance indicators for the purpose of assessing       9,634        

public preschool programs.  On-site reviews and follow-up visits   9,635        

shall be based on progress in meeting the prescribed target        9,636        

levels.                                                                         

      The department may audit a school district's preschool       9,638        

financial and program records.  School districts that have         9,639        

financial practices not in accordance with standard accounting     9,640        

principles, that operate preschool programs that fail to           9,641        

substantially meet the Head Start performance standards, or that   9,642        

exhibit below-average performance shall be subject to an on-site   9,643        

review.                                                                         

      The department shall require corrective plans of action for  9,645        

programs not achieving target levels or financial and program      9,646        

standards.  Action plans shall include activities to be conducted  9,647        

by the grantee and timelines for activities to be completed and    9,648        

timelines for additional data submission to the department         9,649        

demonstrating that targets have been met.  The appropriate school  9,650        

board official shall sign the corrective plans of action.          9,651        

      Public preschool programs not meeting performance targets    9,653        

in accordance with the plan of action and prescribed timelines     9,654        

may have their continuation funding reduced, be disqualified for   9,655        

expansion consideration until targets are met, or have all state   9,656        

funds withdrawn and a new program established.                     9,657        

      (G)  The department shall require public preschool programs  9,659        

to document child progress, using a common instrument prescribed   9,660        

by the department, and report results annually.  The department    9,661        

shall determine the dates for documenting and reporting.           9,662        

      The State Board of Education shall adopt rules addressing    9,664        

the use of screening and assessment data, including, but not       9,665        

                                                          194    


                                                                 
limited to, all of the following:                                  9,666        

      (1)  Protection of the identity of individual children       9,668        

through assignment of a unique but not personally identifiable     9,669        

code;                                                                           

      (2)  Parents' rights;                                        9,671        

      (3)  Use of the data by school personnel as it relates to    9,673        

kindergarten entrance.                                             9,674        

      (H)  Each school district shall develop a sliding fee scale  9,676        

based on the family incomes in the district and shall charge       9,678        

families who earn more than the federal poverty level for          9,679        

preschool.                                                                      

      (I)  It is the intent of the General Assembly that           9,681        

appropriations for line item 200-406, Head Start, and 200-408,     9,682        

Public Preschool, be available for transfer between Head Start     9,683        

and Public Preschool programs so that unallocated funds may be     9,684        

used between the two programs.                                     9,685        

      Section 4.04.  Professional Development                      9,687        

      Of the foregoing appropriation item 200-410, Professional    9,689        

Development, $5,997,829 in each fiscal year shall be used by the   9,690        

Department of Education to develop a statewide comprehensive       9,692        

system of twelve professional development centers that support     9,693        

local educators' ability to foster academic achievement in the     9,694        

students they serve.  The centers shall include training teachers  9,696        

on site-based management concepts to encourage teachers to become  9,697        

involved in the management of their schools.                       9,698        

      Of the foregoing appropriation item 200-410, Professional    9,700        

Development, $1,321,292 in each fiscal year shall be used by the   9,701        

Department of Education to establish programs targeted at          9,702        

recruiting under-represented populations into the teaching         9,703        

profession.  In each year, the appropriation item shall be used    9,704        

by the department to include, but not be limited to, alternative   9,705        

teacher licensure or certification programs emphasizing the        9,706        

recruitment of highly qualified minority candidates into           9,707        

teaching, including emphasizing the recruitment of highly          9,708        

                                                          195    


                                                                 
qualified minority candidates into teaching positions in schools   9,709        

which have a high percentage of minority students.  The                         

recruitment programs shall also target recruiting qualified        9,711        

candidates available as a result of downsizing of the military     9,712        

and business sectors.  Funding shall also be targeted to           9,713        

statewide, regional, and local programs that are competitively                  

selected as promising programs demonstrating the potential of      9,714        

significantly increasing Ohio's minority teaching force.           9,715        

      Of the foregoing appropriation item 200-410, Professional    9,717        

Development, $9,659,713 in each fiscal year shall be distributed   9,718        

on a per teacher basis to all school districts, joint vocational   9,720        

school districts, and chartered nonpublic schools for locally      9,721        

developed teacher training and professional development and for    9,723        

the establishment of local professional development committees.    9,724        

School districts and joint vocational school districts shall not   9,725        

be precluded from using these funds for cooperative activities on  9,726        

a county or regional basis.  School districts with pass rates of                

less than 75 per cent on the fourth grade reading proficiency      9,727        

test shall allocate no less than 40 per cent of these funds for    9,728        

professional development for teachers in elementary literacy       9,729        

skills.                                                                         

      Of the foregoing appropriation item 200-410, Professional    9,732        

Development, $1,925,000 in fiscal year 2000 and $2,300,000 in      9,733        

fiscal year 2001 shall be used by the Department of Education to   9,735        

pay the application fee for teachers from public and chartered     9,737        

nonpublic schools applying to the National Board for Professional  9,738        

Teaching Standards for professional teaching certificates or       9,741        

licenses that the board offers, and to provide grants in each      9,742        

fiscal year to recognize and reward teachers who become certified  9,743        

by the board pursuant to section 3319.55 of the Revised Code.      9,744        

      In each fiscal year, the appropriation item shall be used    9,746        

to pay for the first 400 applications received by the department.  9,748        

Each prospective applicant for certification or licensure shall    9,749        

submit an application to the Department of Education.  When the    9,750        

                                                          196    


                                                                 
department has collected a group of applications, but no later                  

than 30 days after receipt of the first application in a group,    9,751        

it shall send the applications to the National Board for           9,752        

Professional Teaching Standards along with a check to cover the    9,754        

cost of the application fee for all applicants in that group.      9,755        

      Of the foregoing appropriation item 200-410, Professional    9,757        

Development, up to $300,000 shall be used each fiscal year by the  9,758        

Department of Education to support the connection of teacher       9,759        

applicants to university programs that enhance applicant learning  9,761        

and professional development during the National Board             9,762        

Certification process.                                                          

      Of the foregoing appropriation item 200-410, Professional    9,763        

Development, up to $1,875,000 in each fiscal year shall be         9,764        

allocated for entry year programs.  Each fiscal year, up to        9,765        

$1,250,000 shall be used for mentors and assessor training, and    9,766        

up to $1,475,000 for peer review.  The Department of Education                  

shall select eligible beginning teachers to participate in a       9,767        

year-long entry year program that provides guidance and coaching   9,768        

by experienced school district and university faculty and regular  9,769        

teacher performance assessment.  The program is designed to        9,770        

assess each beginning teacher with the Education Testing           9,771        

Service's Praxis III examination.  These funds shall be used to                 

support the supervisory, teaching, and assessment services         9,772        

associated with the pilot residency program in urban, suburban,    9,773        

and rural sites.                                                                

      Of the foregoing appropriation item 200-410, Professional    9,775        

Development, up to $1,250,000 in fiscal year 2000 and $1,750,000   9,776        

in fiscal year 2001 shall be used for teacher institution report   9,777        

cards.  Each teacher preparation institution approved for teacher  9,778        

training shall receive a grant up to $25,000 to develop and        9,779        

implement the report cards.  In fiscal year 2001, up to $500,000   9,780        

shall be used to develop reporting mechanisms for the teacher                   

institution report cards.                                          9,781        

      Of the foregoing appropriation item 200-410, Professional    9,783        

                                                          197    


                                                                 
Development, up to $650,000 in each fiscal year shall be used to   9,784        

continue Ohio leadership academies to develop and train            9,785        

superintendents, principals, other administrators, and school      9,786        

board members in new leadership and management practices to        9,787        

support high performance schools.  This training shall be                       

coordinated with other locally administered leadership programs.   9,788        

      Of the foregoing appropriation item 200-410, Professional    9,790        

Development, up to $850,000 in each fiscal year shall be used to   9,791        

support a two-year Principal's Leadership Academy that will serve  9,792        

principals and their staff teams.  An advisory panel comprised of  9,793        

national business and education experts shall advise the Ohio      9,794        

Department of Education on content and delivery of curriculum and  9,795        

instruction.                                                                    

      Of the foregoing appropriation item 200-410, Professional    9,797        

Development, up to $975,000 in each fiscal year shall be used to   9,798        

establish an entry year program for principals. Grants shall be    9,799        

issued to pilot sites that shall develop prototypes of the         9,800        

program in a variety of contexts.  These sites shall also pilot    9,801        

the School Leaders Licensure Assessment, which was developed by                 

the Educational Testing Service at a cost of $450 per assessment.  9,802        

      Sec. 4.05.  Family and Children First                        9,804        

      (A)  Of the foregoing appropriation item 200-411, Family     9,806        

and Children First, the Department of Education shall transfer up  9,807        

to $3,677,188 in each fiscal year by intrastate transfer voucher   9,809        

to the Department of Mental Retardation and Developmental          9,810        

Disabilities.  These funds shall be spent on direct grants to      9,811        

county family and children first councils created under section    9,814        

121.37 of the Revised Code.  The funds shall be used as partial    9,815        

support payment and reimbursement for the maintenance and          9,816        

treatment costs of multi-need children that come to the attention  9,817        

of the Family and Children First Cabinet Council pursuant to       9,818        

section 121.37 of the Revised Code.  The Department of Mental      9,819        

Retardation and Developmental Disabilities shall administer the    9,820        

distribution of the direct grants to the county councils.  The     9,822        

                                                          198    


                                                                 
Department of Mental Retardation and Developmental Disabilities    9,824        

may use up to five per cent of this amount for administrative      9,825        

expenses associated with the distribution of funds to the county   9,826        

councils.                                                                       

      (B)  Of the funds appropriated in this item, up to           9,828        

$1,775,000 in each fiscal year shall be used as administrative     9,829        

grants to county family and children first councils to provide a   9,831        

portion of the salary and fringe benefits necessary to fund        9,832        

county council coordinators, administrative support, training, or  9,834        

parental involvement.  The total initial grant under this          9,835        

provision to any county family and children first council shall    9,836        

not exceed $20,000.  In the event that not all counties in the     9,838        

state have established a county council, at the beginning of the   9,839        

fourth quarter of a fiscal year, any remaining funds to be used                 

as administrative grants may be redirected by the Family and       9,840        

Children First Cabinet Council to other priorities and             9,841        

activities.  Of the funds appropriated in this item, up to         9,843        

$15,000 shall be used by the Family and Children First Cabinet     9,844        

Council for administrative costs, including stipends to family     9,845        

representatives participating in approved activities of the        9,846        

initiative, educational and informational forums, and technical    9,847        

assistance to local family and children first councils.            9,848        

      (C)  Of the foregoing appropriation item 200-411, Family     9,850        

and Children First, up to $5,190,000 in each fiscal year shall be  9,852        

used to fund school-based or school-linked school readiness        9,853        

resource centers in school districts where there is a              9,854        

concentration of risk factors to school readiness and success,     9,855        

including indicators of poverty, health, and family stability.     9,856        

The purpose of these centers is to assist in providing services    9,857        

to families of school-age children who want and need support.      9,858        

      School readiness resource centers shall be located in each   9,860        

of the state's 21 urban school districts as defined in division    9,861        

(O) of section 3317.02 of the Revised Code, as that section        9,863        

existed prior to July 1, 1998.  The Ohio Family and Children       9,865        

                                                          199    


                                                                 
First Cabinet Council, in consultation with the Department of      9,866        

Education and school districts, shall identify individual schools  9,867        

based on quantitative and qualitative factors that reflect both    9,868        

the need for school readiness resource centers and the local       9,869        

capacity for redesigning, as necessary, a delivery system of       9,870        

family support services.  The council and the Department of        9,871        

Education shall organize and provide technical assistance to the   9,872        

school districts and communities in planning, developing, and      9,873        

implementing the centers.  The council shall also negotiate a                   

performance agreement that details required program                9,874        

characteristics, service options, and expected results.            9,875        

      Each urban school district and community may receive up to   9,877        

$240,000 to maintain three school readiness resource centers that  9,878        

are located in or linked to elementary, middle, and high school    9,879        

sites that are connected by student assignment patterns within     9,880        

the school districts.  Each school district shall work with a      9,881        

representative of the local family and children first council and  9,883        

a representative cross-section of families and community leaders   9,884        

in the district to operate the school readiness resource centers   9,885        

based upon conditions agreed to in the performance agreement       9,886        

negotiated with the state council.                                 9,887        

      Up to $50,000 in each fiscal year may be used by the Ohio    9,889        

Family and Children First Cabinet Council for an evaluation of     9,890        

the effectiveness of the school readiness resource centers.  Up    9,891        

to $100,000 in each fiscal year may be used by the cabinet         9,892        

council to approve technical assistance and oversee the            9,893        

implementation of the centers.  The administration and management  9,894        

of the school readiness resource centers may be contracted out     9,895        

through a competitive bidding process established by the cabinet   9,896        

council in consultation with the Department of Education.          9,897        

      Section 4.06.  Vocational Education Match                    9,899        

      The foregoing appropriation item 200-416, Vocational         9,901        

Education Match, shall be used by the Department of Education to   9,902        

provide vocational administration matching funds pursuant to 20    9,903        

                                                          200    


                                                                 
U.S.C. 2311.                                                       9,904        

      Technical Systems Development                                9,906        

      The foregoing appropriation item 200-420, Technical Systems  9,908        

Development, shall be used to support several information system   9,909        

development projects that are designed to improve the performance  9,910        

and customer service of the Ohio Department of Education.          9,911        

Implementation of these systems shall allow the department to      9,912        

provide greater levels of assistance and more timely information   9,913        

to school districts, administrators, and legislators.              9,914        

      Up to $2,500,000 in fiscal year 2000 shall be used for       9,916        

development and testing of the school administration software of   9,917        

EMIS. Up to $250,000 in fiscal year 2000 shall be used for the     9,918        

construction plans of the EMIS redesign.                           9,919        

      In fiscal year 2000, up to $300,000 may be used for the      9,921        

Department's maintenance contract for database management          9,922        

software; up to $100,000 shall be used for Phase I of the          9,923        

Department's data warehouse software purchase and maintenance      9,924        

fees; and up to $300,000 shall be used for Phase II of the data    9,925        

warehouse project.                                                 9,926        

      In fiscal year 2001, up to $1,800,000 shall be used for      9,928        

EMIS conversion, including district support and technical          9,929        

assistance; up to $350,000 may be used for the Department's        9,930        

annual maintenance contract for database management software; and  9,931        

up to $200,000 shall be used to support the data warehouse         9,932        

project.                                                                        

      School Management Assistance                                 9,934        

      The foregoing appropriation item 200-422, School Management  9,936        

Assistance, shall be used by the Department of Education to        9,937        

provide fiscal technical assistance and inservice education for    9,938        

school district management personnel and to administer, monitor,   9,940        

and implement the fiscal watch and fiscal emergency provisions     9,941        

under Chapter 3316. of the Revised Code.                                        

      Policy Analysis                                              9,943        

      The foregoing appropriation item 200-424, Policy Analysis,   9,945        

                                                          201    


                                                                 
shall be used by the Department of Education to develop software   9,947        

and other computer assistance to maintain and enhance a system of  9,948        

administrative, statistical, and legislative education                          

information to be used for policy analysis.  The data base shall   9,949        

be kept current at all times.  Such a system will be used to       9,950        

supply information and analysis of data to the General Assembly    9,951        

and other state policy makers, including the Office of Budget and  9,952        

Management and the Legislative Budget Office of the Legislative    9,953        

Service Commission.                                                9,954        

      The Department of Education may use funding from this line   9,956        

item to purchase or contract for the development of software       9,957        

systems or contract for policy studies that will assist in the     9,959        

provision and analysis of policy-related information.                           

      Ohio Education Computer Network                              9,961        

      The foregoing appropriation item 200-426, Ohio Educational   9,963        

Computer Network, shall be used by the Department of Education to  9,964        

maintain a system of information technology throughout Ohio and    9,965        

to provide technical assistance for such a system in support of    9,966        

the State Education Technology Plan pursuant to section 3301.07    9,967        

of the Revised Code.                                               9,968        

      This system shall support the development, maintenance, and  9,970        

operation of a network of uniform and compatible computer-based    9,971        

information and instructional systems.  The technical assistance   9,972        

shall include, but not be restricted to, the development and       9,973        

maintenance of adequate computer software systems to support       9,974        

network activities.  Program funds may be used, through a formula  9,975        

and guidelines devised by the department, to subsidize the         9,976        

activities of not more than twenty-four designated data            9,977        

acquisition sites, as defined by State Board of Education rules,   9,978        

to provide to school districts and chartered nonpublic schools     9,979        

computer-based student and teacher instructional and               9,981        

administrative information services, including approved            9,982        

computerized financial accounting, to assure the effective         9,983        

operation of local automated administrative and instructional      9,984        

                                                          202    


                                                                 
systems.                                                                        

      In order to broaden the scope of the use of technology for   9,986        

education, the department may use up to $250,000 in each fiscal    9,987        

year to coordinate the activities of the computer network with     9,989        

other agencies funded by the department or the state.  In order    9,990        

to improve the efficiency of network activities, the department    9,991        

and data acquisition sites may jointly purchase equipment,         9,992        

materials, and services from funds provided under this             9,993        

appropriation for use by the network and, when considered          9,994        

practical by the department, may utilize the services of           9,995        

appropriate state purchasing agencies.                             9,996        

      Of the foregoing appropriation item 200-426, Ohio            9,998        

Educational Computer Network, up to $10,260,000 in fiscal year     9,999        

2000 and $19,000,000 in fiscal year 2001 shall be used by the      10,000       

Department of Education to support connections of all public       10,001       

school buildings to the Ohio Education Computer Network.  In each               

fiscal year the Department of Education shall use these funds to   10,002       

help reimburse data acquisition sites or school districts for the  10,003       

operational costs associated with using the Ohio Education         10,004       

Computer Network.  The Department of Education shall develop a     10,005       

formula and guidelines for the distribution of these funds to the  10,006       

data acquisition sites or individual school districts.                          

      For fiscal year 2000, the Department of Education shall use  10,008       

up to $1,939,772 to continue to manage and develop the statewide   10,009       

union catalog and InfOhio Network of library resources that will   10,010       

be accessible to all school districts through the Ohio Education   10,011       

Computer Network up to $1,994,086 in fiscal year 2001 shall be     10,012       

used for the Union Catalog and InfOhio Network.                                 

      The Department of Education shall use up to $2,430,000 in    10,015       

fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to       10,016       

assist designated data acquisition sites with operational costs    10,017       

associated with the increased use of the Ohio Education Computer   10,019       

Network by chartered nonpublic schools.  The Department of         10,020       

Education shall develop a formula and guidelines for distribution  10,022       

                                                          203    


                                                                 
of these funds to designated data acquisition sites.                            

      Section 4.07.  School Improvement Models                     10,024       

      The foregoing appropriation item 200-431, School             10,026       

Improvement Models, shall be used by the Department of Education   10,027       

to continue to support the creation of a statewide network of      10,028       

school improvement sites by providing competitive venture capital  10,029       

grants to schools that demonstrate the capacity to invent or       10,030       

adapt school improvement models.  The department shall showcase    10,031       

projects of exceptional merit and shall promote the networking of               

venture schools with both venture and nonventure schools so that   10,032       

administrators and teachers outside the district can benefit from  10,034       

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        10,035       

schools and up to $6,225,000 in fiscal year 2001 shall be used to  10,036       

provide grants of $25,000 to 249 schools.                          10,037       

      Up to $250,000 in each fiscal year shall be used by the      10,039       

Department of Education for personal services and maintenance      10,040       

costs necessary to administer the grants.                          10,041       

      The Superintendent of Public Instruction shall assess        10,044       

individual school district responses to the performance audits                  

conducted by the Auditor of State as required by Am. Sub. H.B.     10,045       

215 of the 122nd General Assembly.  These assessments shall be     10,047       

compiled into a report to the Speaker of the House of              10,048       

Representatives, the President of the Senate, and the chairs and                

ranking minority members of the House and Senate committees on     10,049       

education and finance.                                             10,050       

      Of the foregoing appropriation item 200-431, School          10,052       

Improvement Models, $5,000,000 shall be used in each fiscal year   10,054       

for the development and distribution of school report cards                     

pursuant to section 3302.03 of the Revised Code and the            10,055       

development of core competencies for the proficiency tests.        10,056       

      Of the foregoing appropriation item 200-431, School          10,058       

Improvement Models, $250,000 in each fiscal year shall be used     10,060       

for the development and operation of a Safe Schools Center.  The   10,061       

                                                          204    


                                                                 
Department of Education shall oversee the creation of a center     10,062       

that provides resources to school district personnel, parents,                  

juvenile justice representatives, and law enforcement that         10,063       

identify effective strategies for improving school safety and      10,064       

reducing threats to the security of students and school            10,065       

personnel.                                                                      

      Of the foregoing appropriation item 200-431, School          10,067       

Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000  10,068       

in fiscal year 2001 shall be used to provide technical assistance  10,069       

for comprehensive school improvement.                                           

      Of the foregoing appropriation item 200-431, School          10,071       

Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000  10,072       

in fiscal year 2001 shall be used for professional development in  10,073       

literacy for classroom teachers, administrators, and literacy      10,074       

specialists to support the OhioReads initiative.                                

      School Conflict Management                                   10,076       

      Of the foregoing appropriation item 200-432, School          10,078       

Conflict Management, amounts shall be used by the Department of    10,079       

Education for the purpose of providing dispute resolution and      10,080       

conflict management training, consultation, and materials for      10,081       

school districts, and for the purpose of providing competitive     10,082       

school conflict management grants to school districts.             10,083       

      The Department of Education shall assist the Commission on   10,085       

Dispute Resolution and Conflict Management in the development and  10,086       

dissemination of the school conflict management program.           10,088       

      Student Proficiency                                          10,090       

      The foregoing appropriation item 200-437, Student            10,092       

Proficiency, shall be used to develop, field test, print,          10,093       

distribute, score, and report results from the tests required      10,094       

under sections 3301.0710 and 3301.0711 of the Revised Code and     10,096       

for similar purposes as required by section 3301.27 of the         10,097       

Revised Code.                                                                   

      American Sign Language                                       10,099       

      Of the foregoing appropriation item 200-441, American Sign   10,101       

                                                          205    


                                                                 
Language, up to $150,000 in each fiscal year shall be used to      10,103       

implement pilot projects for the integration of American Sign      10,104       

Language deaf language into the kindergarten through               10,105       

twelfth-grade curriculum.                                                       

      The remainder of the appropriation shall be used by the      10,107       

Department of Education to provide supervision and consultation    10,108       

to school districts in dealing with parents of handicapped         10,109       

children who are deaf or hard of hearing, in integrating American  10,110       

Sign Language as a foreign language, and in obtaining              10,111       

interpreters and improving their skills.                           10,112       

      Child Care Licensing                                         10,114       

      The foregoing appropriation item 200-442, Child Care         10,116       

Licensing, shall be used by the Department of Education to         10,117       

license and to inspect preschool and school-age child care         10,118       

programs in accordance with sections 3301.52 to 3301.59 of the     10,119       

Revised Code.                                                                   

      OhioReads Administration/Volunteer Support                   10,121       

      The foregoing appropriation item 200-445, OhioReads          10,123       

Admin/Volunteer Support, may be allocated by the OhioReads         10,124       

Council for volunteer coordinators in public school buildings, to  10,125       

educational service centers for costs associated with volunteer    10,126       

coordination, for background checks for volunteers, to evaluate                 

the OhioReads Program, and for operating expenses associated with  10,127       

administering the program.                                         10,129       

      Section 4.08.  Education Management Information System       10,131       

      The foregoing appropriation item 200-446, Education          10,133       

Management Information System, shall be used to provide school     10,134       

districts with the means to implement local automated information  10,135       

systems, to implement the common student information management    10,136       

software developed by the Department of Education, and to          10,137       

implement, develop, and improve the Education Management           10,138       

Information System (EMIS).                                         10,139       

      Up to $1,000,000 in each fiscal year shall be used by the    10,142       

Department of Education to assist designated data acquisition      10,143       

                                                          206    


                                                                 
sites or school districts with deployment of the common student                 

information management software, and for hardware, personnel,      10,145       

equipment, staff development, software, and forms modification,    10,146       

as well as to support EMIS special report activities in the        10,147       

department that are designed to use the data collected by the      10,148       

system.                                                                         

      Up to $2,714,234 in fiscal year 2000 and $2,782,090 in       10,150       

fiscal year 2001 shall be distributed to designated data           10,151       

acquisition sites for costs relating to the processing, storing,   10,152       

and transfer of data for the effective operation of the EMIS.      10,154       

These costs may include, but are not limited to, personnel,        10,155       

hardware, software development, communications connectivity,       10,156       

professional development and support services, and to provide      10,157       

services to participate in the State Education Technology Plan     10,158       

pursuant to section 3301.07 of the Revised Code.                                

      Up to $6,023,718 in fiscal year 2000 and $6,174,310 in       10,160       

fiscal year 2001 shall be distributed to school districts and      10,161       

joint vocational school districts on a per-pupil basis.  From      10,162       

this money, each school district with enrollment greater than 100  10,163       

students and each vocational school district shall receive a       10,164       

minimum of $5,000 for each year of the biennium.  Each school      10,165       

district with enrollment between one and one hundred and each      10,166       

county office of education shall receive $3,000 for each year of   10,167       

the biennium.  This money shall be used for costs associated with  10,168       

the development and operation of local automated record based      10,169       

information systems that provide data as required by the           10,170       

education management information system, and facilitate local      10,171       

district, school, and classroom management activities.             10,172       

      GED Testing/Adult High School                                10,174       

      The foregoing appropriation item 200-447, GED Testing/Adult  10,176       

High School, shall be used to provide General Educational          10,177       

Development (GED) testing at no cost to first time applicants,     10,178       

pursuant to rules adopted by the State Board of Education.  Of     10,179       

the foregoing appropriation item 200-447, GED Testing/Adult High   10,180       

                                                          207    


                                                                 
School, up to $250,000 in each fiscal year shall be used by the    10,181       

department to reimburse local shool districts for a portion of     10,183       

the costs incurred in providing summer instructional or                         

intervention services to students who have not graduated due to    10,184       

their inability to pass one or more parts of the state's ninth     10,185       

grade proficiency test.  School districts may provide these        10,186       

services to students directly or contract with post-secondary or   10,187       

nonprofit community-based institutions in providing instruction.   10,188       

The remainder of the appropriation shall be used for state         10,189       

reimbursement to school districts for adult high school                         

continuing education programs pursuant to section 3313.531 of the  10,190       

Revised Code or for costs associated with awarding adult high      10,191       

school diplomas under section 3313.611 of the Revised Code.        10,192       

      Community Schools                                            10,194       

      Of the foregoing appropriation item 200-455, Community       10,196       

Schools, up to $100,000 in each fiscal year may be used by the     10,197       

Lucas County Educational Service Center to pay for additional      10,198       

services and responsibilities under Section 50.52 of Am. Sub.      10,199       

H.B. 215 of the 122nd General Assembly, subject to the reporting   10,200       

by the service center of actual expenses incurred to the           10,201       

Department of Education.  In each fiscal year, up to $400,000 may  10,202       

be used by the Office of School Options in the Department of       10,203       

Education for additional services and responsibilities under       10,204       

section 3314.11 of the Revised Code.                               10,205       

      The remaining appropriation may be used by the Department    10,207       

of Education and the Lucas County Educational Service Center to    10,208       

make grants of up to $50,000 to each proposing group with a        10,209       

preliminary agreement obtained under division (C)(2) of section    10,210       

3314.02 of the Revised Code or division (B)(2) of Section 50.52    10,211       

of Am. Sub. H.B. 215 of the 122nd General Assembly in order to     10,212       

defray planning and initial start-up costs.  In the first year of  10,213       

operation of a community school, the Department of Education and   10,214       

the Lucas County Educational Service Center may make a grant of    10,215       

no more than $100,000 to the governing authority of the school to  10,216       

                                                          208    


                                                                 
partially defray additional start-up costs.  The amount of the     10,217       

grant shall be based on a thorough examination of the needs of     10,218       

the community school.  The Department of Education and the Lucas   10,219       

County Educational Service Center shall not utilize moneys         10,220       

received under this section for any other purpose other than       10,221       

those specified under this section.  The department shall          10,222       

allocate an amount to the Lucas County Educational Service Center  10,223       

for grants under this paragraph.                                                

      A community school awarded start-up grants from              10,225       

appropriation item 200-613, Public Charter Schools (Fund 3T4),     10,226       

shall not be eligible for grants under this section.               10,227       

      Section 4.09.  School Finance Equity                         10,229       

      The foregoing appropriation item 200-500, School Finance     10,231       

Equity, shall be distributed to school districts based on the      10,232       

formula specified in section 3317.0213 of the Revised Code.        10,233       

      Section 4.10.   Base Cost Funding                            10,235       

      Of the foregoing appropriation item 200-501, Base Cost       10,237       

Funding, up to $6,000,000 in each year of the biennium shall be    10,239       

expended by the State Board of Education for the extended service  10,240       

allowance which shall be the teachers' salaries pursuant to the    10,241       

schedule contained in section 3317.13 of the Revised Code, plus    10,242       

fifteen per cent for retirement and sick leave; up to $425,000     10,244       

shall be expended in each year of the biennium for court payments  10,245       

pursuant to section 2151.357 of the Revised Code; an amount shall  10,246       

be available each year of the biennium for the cost of the         10,247       

reappraisal guarantee pursuant to section 3317.04 of the Revised   10,248       

Code; an amount shall be available in each year of the biennium    10,249       

to make payments to school districts pursuant to division (A)(2)   10,250       

of section 3317.022 of the Revised Code; up to $15,000,000 in      10,251       

each year of the biennium shall be reserved for payments pursuant  10,252       

to sections 3317.026, 3317.027, and 3317.028 of the Revised Code   10,253       

except that the Controlling Board may increase the $15,000,000     10,254       

amount if presented with such a request from the Department of     10,255       

Education.  Of the foregoing appropriation item 200-501, Base      10,256       

                                                          209    


                                                                 
Cost Funding, up to $14,000,000 shall be used in each fiscal year  10,257       

to provide additional state aid to school districts for students   10,258       

in category three special education ADM pursuant to division       10,259       

(C)(4) of section 3317.022 of the Revised Code; up to $2,000,000   10,260       

in each year of the biennium shall be reserved for Youth Services  10,261       

tuition payments pursuant to section 3317.024 of the Revised       10,262       

Code; up to $50,000,000 in fiscal year 2000 and up to $52,000,000  10,264       

in fiscal year 2001 shall be reserved to fund the state            10,265       

reimbursement of educational service centers pursuant to section   10,266       

3317.11 of the Revised Code.                                                    

      Of the foregoing appropriation item 200-501, Base Cost       10,268       

Funding, up to $1,000,000 in each fiscal year shall be used by     10,270       

the Department of Education for a pilot program to pay for         10,271       

educational services for youth who have been assigned by a                      

juvenile court or other authorized agency to any of the            10,272       

facilities described in division (A) of the section titled         10,273       

"Private Treatment Facility Pilot Project."                        10,274       

      The remaining portion of this appropriation item shall be    10,276       

expended for base cost funding for the public schools of city,     10,278       

local, and exempted village school districts.                      10,279       

      Notwithstanding section 3301.17, division (I) of section     10,281       

3317.024, and division (B)(3) of section 3317.19 of the Revised    10,282       

Code, the Department of Education shall not pay in fiscal years    10,283       

2000 and 2001 the driver education subsidy to school districts     10,284       

and commercial driver training schools.                                         

      Section 4.11.  Pupil Transportation                          10,286       

      Of the foregoing appropriation item 200-502, Pupil           10,288       

Transportation, up to $755,000 may be used by the Department of    10,289       

Education each year for training prospective and experienced       10,290       

school bus drivers in accordance with training programs            10,291       

prescribed by the department; up to $38,175,000 in fiscal year     10,293       

2000 and $50,490,000 in fiscal year 2001 shall be used for         10,294       

handicapped transportation; and the remainder shall be used for    10,295       

the state reimbursement of public school districts' costs in       10,296       

                                                          210    


                                                                 
transporting pupils to and from the school to which they attend    10,297       

in accordance with the district's policy, State Board of           10,298       

Education standards, and the Revised Code.                                      

      Bus Purchase Allowance                                       10,300       

      The foregoing appropriation item 200-503, Bus Purchase       10,302       

Allowance, shall be distributed to school districts and            10,303       

educational service centers pursuant to rules adopted under        10,305       

section 3317.07 of the Revised Code.  Up to 25 per cent of the     10,306       

amount appropriated may be used to reimburse school districts and  10,307       

educational service centers for the purchase of buses to                        

transport handicapped and nonpublic school students.               10,309       

      School Lunch                                                 10,311       

      The foregoing appropriation item 200-505, School Lunch       10,313       

Match, shall be used to provide matching funds to obtain federal   10,314       

funds for the school lunch program.                                10,315       

      Section 4.12.  Adult Literacy Education                      10,317       

      The foregoing appropriation item 200-509, Adult Literacy     10,319       

Education, shall be used to support adult basic and literacy       10,320       

education instructional programs, the State Literacy Resource      10,321       

Center Program, and the State Advisory Council on Adult Education  10,322       

and Literacy.                                                      10,323       

      Of the foregoing appropriation item 200-509, Adult Literacy  10,326       

Education, up to $520,000 in fiscal year 2000 and $532,500 in      10,327       

fiscal year 2001 shall be used for the support and operation of    10,329       

the State Literacy Resource Center and the State Advisory Council  10,330       

on Adult Education and Literacy.                                                

      The remainder shall be used to continue to satisfy the       10,332       

state match and maintenance of effort requirements for the         10,333       

support and operation of the Ohio Department of Education          10,335       

administered instructional grant program for Adult Basic and       10,336       

Literacy Education in accordance with the department's state plan  10,337       

for Adult Basic and Literacy Education as approved by the State    10,338       

Board of Education and the Secretary of the United States          10,339       

Department of Education.                                                        

                                                          211    


                                                                 
      Auxiliary Services                                           10,341       

      The foregoing appropriation item 200-511, Auxiliary          10,343       

Services, shall be used by the State Board of Education for the    10,344       

purpose of implementing section 3317.06 of the Revised Code.  Of   10,345       

the appropriation, up to $1,000,000 in each fiscal year of the     10,346       

biennium may be used for payment of the Post-Secondary Enrollment  10,347       

Options Program for nonpublic students pursuant to section         10,348       

3365.10 of the Revised Code.                                       10,349       

      Post-Secondary/Adult Vocational Education                    10,351       

      The foregoing appropriation item 200-514,                    10,353       

Post-Secondary/Adult Vocational Education, shall be used by the    10,354       

State Board of Education to provide post-secondary/adult           10,355       

vocational education pursuant to sections 3313.52 and 3313.53 of   10,356       

the Revised Code.                                                  10,357       

      Of the foregoing appropriation item 200-514,                 10,359       

Post-Secondary/Adult Vocational Education, up to $500,000 in each  10,361       

fiscal year shall be allocated for the Ohio Career Information     10,362       

System (OCIS) and used for the dissemination of career             10,363       

information data to public schools, libraries, rehabilitation      10,364       

centers, two- and four-year colleges and universities, and other   10,365       

governmental units.                                                10,366       

      Of the foregoing appropriation item 200-514,                 10,368       

Post-Secondary/Adult Vocational Education, up to $30,000 in each   10,369       

fiscal year shall be used for the statewide coordination of the    10,370       

activities of the Ohio Young Farmers.                                           

      Disadvantaged Pupil Impact Aid                               10,372       

      The foregoing appropriation item 200-520, Disadvantaged      10,374       

Pupil Impact Aid, shall be distributed to school districts         10,375       

according to the provisions of section 3317.029 of the Revised     10,377       

Code.  However, no money shall be distributed for all-day          10,379       

kindergarten to any school district whose three-year average       10,380       

formula ADM exceeds 17,500 but whose DPIA index is not at least    10,381       

equal to 1.00, unless the Department of Education certifies that   10,382       

sufficient funds exist in this appropriation to make all other     10,384       

                                                          212    


                                                                 
payments required by section 3317.029 of the Revised Code.         10,385       

      The Department of Education shall pay all-day, everyday      10,387       

kindergarten funding to all school districts in fiscal year 2000   10,388       

and fiscal year 2001 that qualified for and provided the service   10,389       

in a preceding fiscal year pursuant to section 3317.029 of the     10,391       

Revised Code, regardless of changes to such districts' DPIA                     

indexes in fiscal year 2000 and fiscal year 2001.                  10,392       

      The Department of Education shall pay to community schools   10,395       

an amount for all-day kindergarten if the school district in                    

which the student is entitled to attend school is eligible but     10,396       

does not receive a payment for all-day kindergarten, pursuant to   10,397       

division (B) of section 3314.13 of the Revised Code, and the       10,398       

student is reported by the community school as enrolled in         10,399       

all-day kindergarten at the community school.                      10,400       

      Of the foregoing appropriation item 200-520, Disadvantaged   10,402       

Pupil Impact Aid, up to $3,000,000 in each year of the biennium    10,403       

shall be used for school breakfast programs.  Of the $3,000,000,   10,404       

up to $500,000 shall be used each year by the Department of        10,406       

Education to provide start-up grants to rural school districts     10,407       

and to school districts with less than 1,500 ADM that start        10,408       

school breakfast programs.  The remainder of the $3,000,000 shall  10,409       

be used to:  (1) partially reimburse school buildings within       10,410       

school districts that are required to have a school breakfast      10,411       

program pursuant to section 3313.813 of the Revised Code, at a     10,412       

rate decided upon by the department, for each breakfast served to               

any pupil enrolled in the district; (2) partially reimburse        10,413       

districts participating in the National School Lunch Program that  10,414       

have at least 20 per cent of students who are eligible for free    10,415       

and reduced meals according to federal standards, at a rate        10,416       

decided upon by the department; and (3) to partially reimburse                  

districts participating in the National School Lunch Program for   10,417       

breakfast served to children eligible for free and reduced meals   10,418       

enrolled in the district, at a rate decided upon by the            10,419       

department.                                                                     

                                                          213    


                                                                 
      Of the portion of the funds distributed to the Cleveland     10,421       

City School District under section 3317.029 of the Revised Code    10,422       

calculated under division (F)(2) of that section, up to            10,423       

$11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal    10,424       

year 2001 shall be used to operate the pilot school choice         10,426       

program in the Cleveland City School District pursuant to                       

sections 3313.974 to 3313.979 of the Revised Code.                 10,427       

      Of the foregoing appropriation item 200-520, Disadvantaged   10,429       

Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in   10,430       

fiscal year 2001 shall be used to support dropout recovery         10,431       

programs administered by the Department of Education, Jobs for     10,432       

Ohio's Graduates program.                                          10,433       

      Of the foregoing appropriation item 200-520, Disadvantaged   10,436       

Pupil Impact Aid, up to $500,000 in each fiscal year shall be      10,437       

used by the Department of Education to encourage school districts  10,438       

to set high academic standards and provide a helping hand for      10,439       

students striving to meet them.   A Summer Proficiency Academy                  

shall be any school district's summer school program that is       10,441       

conducted for students who have been enrolled in the fourth and    10,442       

sixth grades, whether district-wide, in several school buildings   10,443       

or within a cluster of school buildings, that addresses the needs  10,445       

of students who did not pass at least three of the five parts of   10,446       

either the fourth-grade or sixth-grade proficiency test, that is   10,447       

of at least six weeks' duration, and that provides an innovative,  10,448       

enriching educational experience.  The department shall use the    10,449       

funds indicated in this paragraph to make grants to those school   10,450       

districts that conduct such Summer Proficiency Academies and that  10,451       

have valuation per pupil less than 150 per cent of the statewide   10,452       

average valuation per pupil, to defray 75 per cent of the costs    10,453       

of conducting such academies.  The amount of each grant shall not  10,454       

exceed $150,000 and each school district shall be eligible for up  10,455       

to four grants in each fiscal year.  Grants shall be made to       10,456       

school districts based on the percentage of students failing       10,457       

three or more tests, with first priority given to districts with   10,458       

                                                          214    


                                                                 
the highest failure rates.  As used in this paragraph, "valuation  10,459       

per pupil" has the same meaning as in division (A)(4) of section   10,461       

3317.0212 of the Revised Code as it existed prior to July 1,       10,462       

1998.                                                                           

      There is hereby created the Alternative Education Advisory   10,464       

Council which shall consist of one representative from each of     10,465       

the following agencies:  The Ohio Department of Education, the     10,466       

Department of Youth Services, the Office of the Governor or at     10,467       

the Governor's discretion the Office of the Lieutenant Governor,   10,468       

and the Office of the Attorney General.  The Alternative                        

Education Advisory Council shall cease to exist on June 30, 2001.  10,469       

      Of the foregoing appropriation item 200-520, Disadvantaged   10,471       

Pupil Impact Aid, $10,000,000 in each fiscal year shall be used    10,472       

for matching grants to the 21 urban school districts as defined    10,473       

in division (O) of section 3317.02 of the Revised Code as it       10,474       

existed prior to July 1, 1998, and $10,000,000 in each fiscal      10,475       

year shall be used for matching grants to rural and suburban                    

school districts for alternative educational programs for at-risk  10,476       

and delinquent youth in grades six through twelve.  Programs       10,477       

shall be focused on youth in one or more of the following          10,478       

categories:  those who have been expelled or suspended, those at   10,479       

risk of dropping out of school, those who are habitually truant    10,480       

or disruptive, or those on probation or on parole from a                        

Department of Youth Service's facility.  The Alternative           10,481       

Education Advisory Council shall develop criteria for the          10,482       

awarding of grants for alternative educational programs to school  10,483       

districts.  The grants shall be administered by the Ohio                        

Department of Education.                                           10,484       

      Section 4.13.  Gifted Pupil Program                          10,486       

      The foregoing appropriation item 200-521, Gifted Pupil       10,488       

Program, shall be used for gifted education programs pursuant to   10,489       

division (F) of section 3317.022 and division (E) of section       10,490       

3317.16 of the Revised Code.                                       10,491       

      Of the foregoing appropriation item 200-521, Gifted Pupil    10,493       

                                                          215    


                                                                 
Program, the Department of Education may expend up to $1,000,000   10,494       

each year for the Summer Honors Institute for gifted freshmen and  10,496       

sophomore high school students.  Up to $600,000 in each fiscal     10,497       

year shall be used for research and demonstration projects.                     

      Section 4.14.  Educational Excellence and Competency         10,499       

      Of the foregoing appropriation item 200-524, Educational     10,501       

Excellence and Competency, up to $23,333 in fiscal year 2000 and   10,502       

$11,667 in fiscal year 2001 shall be reserved for the Ohio         10,504       

Science Olympiad and up to $23,333 in fiscal year 2000 and         10,505       

$11,667 in fiscal year 2001 shall be reserved for the                           

International Science and Engineering Fair.  Up to $166,667 in     10,507       

fiscal year 2000 and $83,333 in fiscal year 2001 shall be          10,509       

reserved for a Math and Science Initiative to enhance math and                  

science education for elementary students in a county-wide         10,510       

collaborative.                                                     10,511       

      The Department of Education shall distribute $150,000 in     10,513       

fiscal year 2000 and $100,000 in fiscal year 2001 to the           10,514       

Christopher Project.  The department shall distribute $80,000 in   10,515       

fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional   10,517       

District/University Consortium to Validate At-Risk Programs for    10,518       

Rural School Districts.  The Department shall distribute $75,000                

in each fiscal year to the Cincinnati Artworks Project.  In each   10,519       

fiscal year of the biennium, $100,000 shall be used for Ledgemont  10,521       

Education Excellency.  In addition, the department shall                        

distribute $275,000 in each fiscal year to the Summit County       10,522       

Technology Project.                                                10,523       

      In each fiscal year, $300,000 shall be used for a pilot      10,525       

project for the integration and implementation of distance         10,526       

learning, virtual reality, and computer technology to prepare      10,527       

students for careers in industry.  Of this amount, $65,000 in      10,528       

each fiscal year shall be distributed to the Math, Science and     10,529       

Industrial Technology Institute at Kent State University-Trumbull  10,530       

Campus for purposes of this pilot project and $235,000 in each     10,531       

fiscal year shall be distributed to the Trumbull County            10,532       

                                                          216    


                                                                 
Educational Service Center for the Industrial Technology Career    10,533       

Academy pilot project.  In each fiscal year, $140,000 shall be     10,534       

used for the Crouse School Readiness Program.                      10,535       

      Of the foregoing appropriation item 200-524, Educational     10,538       

Excellence and Competency, $850,000 in fiscal year 2000 and        10,539       

$850,000 in fiscal year 2001 shall be used to assist local school  10,540       

districts in the implementation of financial literacy programs as  10,541       

part of the school curriculum in kindergarten through grade six.   10,542       

The funds shall be used to purchase financial literacy             10,543       

instructional materials, including student books, hands-on         10,544       

material, and supporting teacher guides, which promote economic    10,545       

awareness by addressing fundamental life skills such as earning                 

money, saving money, and spending money wisely.  The financial     10,546       

literacy curriculum shall also introduce students to the concepts  10,547       

of economic interdependence, profit, loss, investment, and supply  10,548       

and demand.  In fiscal year 2001, each school district shall be    10,549       

eligible for one $1,000 grant for each kindergarten through sixth  10,550       

grade level in each school building.  A school building with five  10,552       

or more classes per grade level may receive up to $2,000 for that  10,553       

grade level.                                                                    

      The remainder of the appropriation shall be used by the      10,555       

Department of Education to fund programs each year as follows:     10,557       

                                              FY 2000     FY 2001  10,559       

      Earn and Learn                       $  686,667  $  343,333  10,560       

      Trumbull County "Make Learning                               10,561       

        Fun"                               $   50,000  $   25,000  10,562       

      LEAF                                 $   43,333  $   21,667  10,563       

      Coventry                             $   16,667  $    8,333  10,564       

      Columbus Youth Corp                  $   33,333  $   16,667  10,565       

      Montgomery County Summer Math                                10,566       

        program                            $  143,333  $   71,667  10,567       

      Columbus City District's "I Know I                           10,568       

        Can"                               $  600,000  $  600,000  10,569       

      Dayton-Montgomery County Scholarship                         10,570       

                                                          217    


                                                                 
        Program                            $  600,000  $  600,000  10,571       

      Cleveland Scholarship                $  333,333  $  166,667  10,572       

      Cleveland Initiative for Education   $  240,000  $  120,000  10,573       

      Cincinnati Scholarship Foundation    $  600,000  $  600,000  10,574       

      Improved Solutions for Urban Systems                         10,575       

        (ISUS)                             $  100,000  $  100,000  10,576       

      Lorain County Access                 $  150,000  $  150,000  10,577       

      Amer-I-Can                           $  850,000  $  850,000  10,578       

      London Learns                        $  100,000  $  100,000  10,579       

      Project Succeed                      $1,000,000  $1,000,000  10,580       

      Toledo Tech Academy                  $  300,000  $  300,000  10,581       

      Toledo International Language                                10,582       

        Center                             $  133,333  $   66,667  10,583       

      Greater Toledo School-To-Work                                10,584       

        Consortium                         $  100,000  $  100,000  10,585       

      Muskingum Valley Services Center     $  100,000  $  100,000  10,586       

      O.U. Leadership                      $   75,000  $   75,000  10,587       

      For the Cleveland Initiative in Education program, the       10,589       

grant shall support its mentoring and advocacy program.            10,590       

      Of the foregoing appropriation item 200-524, Educational     10,592       

Excellence and Competency, $83,000 in fiscal year 2000 and         10,593       

$83,000 in fiscal year 2001 shall be used for the Shaker Heights   10,594       

Educational Mobility program.                                      10,595       

      Of the foregoing appropriation item 200-524, Educational     10,597       

Excellence and Competency, up to $133,333 in fiscal year 2000 and  10,598       

$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois    10,599       

Talented Tenth Teacher Training Academy.  The program will         10,600       

provide a summer honors program to promising minority students     10,601       

identified by their school districts as potential future                        

teachers.                                                                       

      Each program or entity that receives funds under the         10,603       

foregoing appropriation item 200-524, Educational Excellence and   10,605       

Competency, shall submit annually to the chairpersons of the       10,606       

education committees of the House of Representatives and the       10,607       

                                                          218    


                                                                 
Senate and to the Department of Education a report that includes   10,608       

a description of the services supported by the funds, a            10,609       

description of the results achieved by those services, an          10,610       

analysis of the effectiveness of the program, and an opinion as    10,611       

to the program's applicability to other school districts.  No      10,612       

funds shall be provided by the Department of Education to a        10,613       

district for a fiscal year until its report for the prior fiscal   10,615       

year has been submitted.                                                        

      Nonpublic Administrative Cost Reimbursement                  10,617       

      The foregoing appropriation item 200-532, Nonpublic          10,619       

Administrative Cost Reimbursement, shall be used by the State      10,620       

Board of Education for the purpose of implementing section         10,621       

3317.063 of the Revised Code.                                      10,622       

      School-Age Child Care                                        10,624       

      Of the foregoing appropriation item 200-533, School-Age      10,626       

Child Care, up to $200,000 in each fiscal year shall be used for   10,627       

the "Training Ohio's Parents for Success" Program.  Up to          10,628       

$500,000 in each fiscal year shall be used for the "Parents as     10,630       

Teachers" Program.                                                              

      Of the foregoing appropriation item 200-533, School-Age      10,632       

Child Care, up to $62,500 in each fiscal year shall be used by     10,633       

the Cincinnati YWCA for its Home Instruction Program for           10,634       

Preschool Youngsters (HIPPY).                                                   

      As used under this heading "school-age child care" means a   10,636       

program of child care conducted outside of regular school hours    10,637       

for school age children.                                           10,638       

      The remainder of the foregoing appropriation item 200-533,   10,640       

School-Age Child Care, shall be used by the Department of          10,641       

Education to provide grants to city, local, and exempted village   10,642       

school districts and educational service centers for school-age    10,643       

child care programs.  In each fiscal year, the department shall    10,644       

make grants.  All grants shall be awarded by the department on     10,646       

the basis of project proposals submitted by school district        10,647       

boards of education or educational service center governing                     

                                                          219    


                                                                 
boards.  The board of education of each district or governing      10,649       

board of each educational service center that receives a grant     10,650       

shall keep a record of how the grant is used, and issue a report   10,651       

at the end of the school year for which the grant was made         10,652       

explaining the goals and objectives determined, the activities     10,653       

implemented, and the progress made toward achieving goals and      10,654       

objectives.                                                                     

      Desegregation Costs                                          10,656       

      The foregoing appropriation item 200-534, Desegregation      10,658       

Costs, shall be used to pay desegregation costs.                   10,659       

      (A)  Notwithstanding any section of law to the contrary, if  10,662       

in each fiscal year, due to federal court order, the Department    10,663       

of Education is obligated to pay for desegregation costs in any    10,664       

school district, the costs shall be paid from the foregoing        10,665       

appropriation item 200-534, Desegregation Costs.                   10,666       

      Of the foregoing appropriation item 200-534, Desegregation   10,668       

Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated  10,669       

balances may be used to cover the legal fees associated with       10,672       

desegregation cases brought against the state.                                  

      By the first day of May of each year, the Department of      10,674       

Education shall determine if the appropriation exceeds the         10,675       

state's obligation for desegregation costs.  Any appropriations    10,676       

in excess of the state's obligation shall be transferred to        10,677       

appropriation item 200-406, Head Start, by the Director of Budget  10,678       

and Management.                                                                 

      (B)  As part of managing state desegregation costs, any      10,680       

board of education of a school district subject to a federal       10,681       

court desegregation order that requires the district board to bus  10,682       

students for the purpose of racial balance shall, within one year  10,683       

of the effective date of this section:                             10,684       

      (1)  Update its plan required under Am. Sub. H.B. 298 of     10,686       

the 119th General Assembly designed to satisfy the court so as to  10,687       

obtain release from the court's desegregation order; and           10,688       

      (2)  Submit an updated copy of the plan to the State Board   10,690       

                                                          220    


                                                                 
of Education.                                                      10,691       

Upon request of the district board, the State Board shall provide  10,694       

technical assistance to the school district board in developing a  10,695       

plan.                                                                           

      Within ninety days of the date on which the plan is          10,697       

submitted to the State Board of Education, the district board, or  10,698       

the district board and the State Board of Education jointly if     10,700       

both are parties to the desegregation case, shall submit the plan  10,702       

to the court and apply for release from the court's desegregation  10,703       

order.                                                                          

      Of the foregoing appropriation item 200-534, Desegregation   10,705       

Costs, Dayton City Schools shall receive at least $9,000,000 in    10,706       

each of fiscal year 2000 and fiscal year 2001.                     10,707       

      Section 4.15.  Special Education Enhancements                10,709       

      Of the foregoing appropriation item 200-540, Special         10,711       

Education Enhancements, up to $44,000,000 in fiscal year 2000 and  10,713       

up to $48,400,000 in fiscal year 2001 shall be used to fund        10,714       

special education and related services at MR/DD boards for         10,715       

eligible students under section 3317.20 of the Revised Code.  Up   10,716       

to $2,500,000 of these amounts shall be used in each fiscal year   10,717       

to fund up to 57 special education classroom and related services  10,718       

units at institutions.                                             10,719       

      Of the foregoing appropriation item 200-540, Special         10,721       

Education Enhancements, up to $3,081,000 in fiscal year 2000 and   10,723       

$3,167,268 in fiscal year 2001 shall be used for home instruction  10,724       

for handicapped children; up to $2,150,000 in fiscal year 2000     10,727       

and up to $3,150,000 in fiscal year 2001 shall be used for parent  10,728       

mentoring programs; and up to $2,567,000 in fiscal year 2000 and   10,730       

$2,639,390 in fiscal year 2001 may be used for school psychology   10,731       

interns.                                                                        

      Of the foregoing appropriation item 200-540, Special         10,733       

Education Enhancements, $2,550,800 in fiscal year 2000 and         10,734       

$3,704,000 in fiscal year 2001 shall be used by the Department of  10,736       

Education to assist school districts in funding aides pursuant to  10,737       

                                                          221    


                                                                 
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the                10,739       

Administrative Code.                                                            

      Of the foregoing appropriation item 200-540, Special         10,741       

Education Enhancements, $71,934,548 in fiscal year 2000 and        10,742       

$76,623,506 in fiscal year 2001 shall be distributed by the        10,744       

Department of Education to county boards of mental retardation     10,745       

and developmental disabilities, educational service centers, and   10,746       

school districts for preschool special education units and         10,747       

preschool supervisory units in accordance with section 3317.161    10,748       

of the Revised Code.  The department may reimburse county boards   10,749       

of mental retardation and developmental disabilities, educational  10,750       

service centers, and school districts for related services as      10,751       

defined in rule 3301-31-05 of the Ohio Administrative Code, for    10,752       

preschool occupational and physical therapy services provided by   10,753       

a physical therapy assistant and certified occupational therapy    10,754       

assistant, and for an instructional assistant.  To the greatest    10,755       

extent possible, the Department of Education shall allocate these  10,756       

units to school districts and educational service centers.  The    10,757       

Controlling Board may approve the transfer of unallocated funds    10,758       

from appropriation item 200-501, Base Cost Funding, to             10,759       

appropriation item 200-540, Special Education Enhancements, to     10,761       

fully fund existing units as necessary or to fully fund            10,762       

additional units.  The Controlling Board may approve the transfer  10,763       

of unallocated funds from appropriation item 200-540, Special      10,765       

Education Enhancements, to appropriation item 200-501, Base Cost   10,766       

Funding, to fully fund existing units, as necessary, or to fully   10,768       

fund additional units.                                                          

      The Department of Education shall require school districts,  10,770       

educational service centers, and county MR/DD boards serving       10,771       

preschool children with disabilities to document child progress    10,772       

using a common instrument prescribed by the department and report  10,773       

results annually.  The reporting dates and methodology shall be    10,774       

determined by the department.                                      10,775       

      The department shall adopt rules addressing the use of       10,777       

                                                          222    


                                                                 
screening and assessment data including, but not limited to:       10,778       

      (1)  Protection of the identity of individual children       10,781       

through assignment of a unique, but not personally identifiable,   10,782       

code;                                                                           

      (2)  Parents' rights; and                                    10,784       

      (3)  Use of the child data by school personnel as it         10,786       

relates to kindergarten entrance.                                  10,787       

      Section 4.16.  Vocational Education Enhancements             10,789       

      Of the foregoing appropriation item 200-545, Vocational      10,791       

Education Enhancements, up to $148,169,970 in fiscal year 2000     10,792       

and up to $153,009,107 in fiscal year 2001 shall be used to fund   10,793       

a per pupil, equalized, weighted funding formula for vocational    10,794       

education provided at joint vocational school districts.  Up to    10,795       

$7,500,000 in fiscal year 2000 and up to $7,800,000 in fiscal      10,796       

year 2001 shall be used to provide equalized weighted funding to   10,797       

special education students enrolled at joint vocational schools.   10,798       

      Of the foregoing appropriation item 200-545, Vocational      10,800       

Education Enhancements, up to $2,500,000 in fiscal year 2000 and   10,801       

$2,616,000 in fiscal year 2001 shall be used to fund up to 51      10,803       

vocational education units at institutions.  Up to $9,975,000 in   10,805       

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   10,807       

$2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal      10,808       

year 2001 may be used to support tech prep consortia.              10,809       

      Of the foregoing appropriation item 200-545, Vocational      10,811       

Education Enhancements, up to $4,270,030 in fiscal year 2000 and   10,812       

up to $4,483,531 in fiscal year 2001 shall be used by the          10,813       

Department of Education to fund competitive grants to tech prep    10,814       

consortia that expand the number of students enrolled in tech      10,815       

prep programs.  Such grant funds shall be used to directly                      

support expanded tech prep programs provided to students enrolled  10,816       

in school districts, including joint vocational school districts.  10,817       

      If federal funds for vocational education cannot be used     10,820       

for local school district leadership without being matched by      10,821       

                                                          223    


                                                                 
state funds, then an amount as determined by the Superintendent    10,822       

of Public Instruction shall be made available from state funds     10,824       

appropriated for vocational education.  If any state funds are     10,825       

used for this purpose, federal funds in an equal amount shall be   10,826       

distributed for vocational education in accordance with                         

authorization of the state plan for vocational education for Ohio  10,827       

as approved by the Secretary of the United States Department of    10,829       

Education.                                                                      

      Of the foregoing appropriation item 200-545, Vocational      10,831       

Education Enhancements, $6,144,277 in fiscal year 2000 and         10,833       

$6,451,490 in fiscal year 2001 shall be used to enable students                 

to develop career plans, to identify initial educational and       10,835       

career goals, and to develop a career passport which provides a    10,836       

clear understanding of the student's knowledge, skills, and        10,837       

credentials to present to future employers, universities, and      10,838       

other training institutes.  The amount shall be allocated to                    

school districts pursuant to guidelines developed by the           10,841       

Department of Education for programs described in section          10,842       

3313.607 of the Revised Code for children in the kindergarten      10,844       

through twelfth grades.  Funds so allocated shall be used for                   

educational materials, services, career information, curriculum    10,845       

development, staff development, mentorships, career exploration,   10,846       

and career assessment instruments as needed to develop             10,847       

individualized career plans and passports.                                      

      Of the foregoing appropriation item 200-545, Vocational      10,849       

Education Enhancements, $5,188,703 in fiscal year 2000 and         10,850       

$5,707,573 in fiscal year 2001 shall be used to provide an amount  10,852       

to each eligible school district for the replacement or updating   10,853       

of equipment essential for the instruction of students in job      10,854       

skills taught as part of a vocational program or programs                       

approved for such instruction by the State Board of Education.     10,856       

School districts replacing or updating vocational education        10,857       

equipment may purchase or lease such equipment.  The Department    10,858       

of Education shall review and approve all equipment requests and   10,859       

                                                          224    


                                                                 
may allot appropriated funds to eligible school districts on the   10,861       

basis of the number of units of vocational education in all        10,862       

eligible districts making application for funds.                   10,863       

      The State Board of Education may adopt standards of need     10,866       

for equipment allocation.  Pursuant to the adoption of any such                 

standards of need by the State Board of Education, appropriated    10,868       

funds may be allotted to eligible districts according to such                   

standards.  Equipment funds allotted under either process shall    10,869       

be provided to a school district on a 40, 50, or 60 per cent of    10,870       

cost on the basis of a district vocational priority index rating   10,871       

developed by the Department of Education for all districts each    10,873       

year.  The vocational priority index shall give preference to                   

districts with a large percentage of disadvantaged students and    10,874       

shall include other socio-economic factors as determined by the    10,875       

State Board of Education.                                          10,876       

      Of the foregoing appropriation item 200-545, Vocational      10,878       

Education Enhancements, up to $37,190,613 in fiscal year 2000 and  10,880       

up to $39,821,184 in fiscal year 2001 shall be used for equalized  10,881       

weighted funding for the Vocational Education Programs in          10,883       

comprehensive high schools and which shall include the             10,884       

Graduation, Reality and Dual Role Skills (GRADS) program           10,885       

according to that program's rules.                                 10,886       

      Section 4.17.  Charge-Off Supplement                         10,888       

      The foregoing appropriation item 200-546, Charge-Off         10,890       

Supplement, shall be used by the Department of Education to make   10,891       

payments pursuant to section 3317.0216 of the Revised Code.        10,892       

      Power Equalization                                           10,894       

      The foregoing appropriation item 200-547, Power              10,896       

Equalization, shall be used by the Department of Education to      10,897       

make payments pursuant to section 3317.0215 of the Revised Code.   10,898       

      Reading Improvement                                          10,900       

      The foregoing appropriation item 200-551, Reading            10,902       

Improvement, shall be used by the Department of Education to fund  10,903       

the Reading Recovery Training Network, to cover the cost of        10,904       

                                                          225    


                                                                 
release time for the teacher trainers, and to provide grants to    10,905       

districts to implement other reading improvement programs on a     10,907       

pilot basis.  Funds for this appropriation item may also be used   10,909       

to conduct evaluations of the impact and effectiveness of Reading  10,910       

Recovery and other reading improvement programs.                   10,911       

      In addition, the Department of Education shall report to     10,913       

the General Assembly and the Governor each fiscal year on the      10,914       

progress that has been made in implementing these programs,        10,915       

including an evaluation of the effectiveness of the programs.      10,916       

      Twenty per cent of the foregoing appropriation item          10,918       

200-551, Reading Improvement, shall be used for the continuation   10,919       

of a phonics demonstration project as described in Sub. H.B. 81    10,920       

of the 121st General Assembly.  The Department of Education may    10,922       

make a portion of the funds for the demonstration project          10,923       

available to additional school districts that want to participate  10,924       

in the program that did not receive funding under the original     10,925       

project authorized in Sub. H.B. 81 of the 121st General Assembly.  10,926       

      County MR/DD Boards-Vehicle Purchases                        10,928       

      The foregoing appropriation item 200-552, County MR/DD       10,930       

Boards Vehicle Purchases, shall be used to provide financial       10,931       

assistance to MR/DD boards for the purchase of vehicles as         10,932       

permitted in section 3317.07 of the Revised Code.                  10,933       

      The foregoing appropriation item 200-553, County MR/DD       10,935       

Boards Transportation Operating, shall be used to provide          10,936       

financial assistance for transportation operating costs as         10,937       

provided in section 3317.024 of the Revised Code.                  10,938       

      Emergency Loan Interest Subsidy                              10,940       

      The foregoing appropriation item 200-558, Emergency Loan     10,942       

Interest Subsidy, shall be used to provide a subsidy to school     10,944       

districts receiving emergency school loans pursuant to section                  

3313.484 of the Revised Code.  The subsidy shall be used to pay    10,945       

these districts the difference between the amount of interest the  10,947       

district is paying on an emergency loan, and the interest that     10,948       

the district would have paid if the interest rate on the loan had  10,949       

                                                          226    


                                                                 
been two per cent.                                                              

      Section 4.18.  OhioReads Grants                              10,951       

      Of the foregoing appropriation item 200-566, OhioReads       10,953       

Grants, $20,000,000 each year shall be disbursed by the OhioReads  10,955       

Office in the Department of Education at the direction of the      10,956       

OhioReads Council, to provide classroom grants to public schools   10,957       

in city, local, and exempted village school districts; community   10,958       

schools; and educational service centers serving kindergarten      10,959       

through fourth grade students.                                     10,960       

      Of the foregoing appropriation item 200-566, OhioReads       10,962       

Grants, $5,000,000 each year shall be disbursed by the OhioReads   10,963       

Office in the Department of Education at the direction of the      10,964       

OhioReads Council, to provide community matching grants to         10,966       

community organizations and associations, libraries, and others                 

for tutoring, tutor recruitment and training, and parental         10,967       

involvement.                                                                    

      Grants awarded by the OhioReads Council are intended to      10,969       

improve reading outcomes, especially on the fourth grade reading   10,970       

proficiency test.                                                               

      School Improvement Incentive Grants                          10,972       

      Of the foregoing appropriation item 200-570, School          10,974       

Improvement Incentive Grants, $2,000,000 in each fiscal year       10,975       

shall be used to provide grants of $25,000 per building for        10,977       

improvements in reading performance based on selection criteria    10,978       

developed by the OhioReads Council.                                             

      Of the foregoing appropriation items 200-570, School         10,980       

Improvement Incentive Grants, $6,500,000 in each fiscal year       10,981       

shall be used to provide grants of $25,000 each to elementary      10,983       

schools and $50,000 each to middle schools, junior high schools,   10,984       

and high schools that demonstrate significant improvement on                    

proficiency tests, attendance rates, and graduation rates based    10,985       

on standards developed by the Department of Education.             10,986       

      Of the foregoing appropriation item 200-570, School          10,988       

Improvement Incentive Grants, $500,000 in each fiscal year shall   10,989       

                                                          227    


                                                                 
be used to provide grants of $50,000 each to educational service   10,991       

centers and joint vocational school districts for exemplary        10,992       

programs or that demonstrate significant improvement on                         

proficiency tests, attendance rates, and graduation rates based    10,993       

on standards developed by the Department of Education.             10,994       

      Of the foregoing appropriation item 200-570, School          10,996       

Improvement Incentive Grants, $1,000,000 in each fiscal year       10,997       

shall be used to provide grants of $25,000 each to schools         10,999       

selected for superior performance by BEST, Building Excellent                   

Schools for Today and the 21st Century.                            11,000       

      Teacher Incentive Grants                                     11,002       

      The foregoing appropriation item 200-572, Teacher Incentive  11,004       

Grants, shall be used by the Department of Education to pay        11,005       

one-time stipends to qualified teachers of reading, mathematics,   11,006       

and science.  To be eligible, teacher applicants must hold a       11,007       

valid teaching certificate; be employed by a city, local,          11,008       

exempted village, or joint vocational school district; and be                   

certified by the district as necessary to meet an existing need    11,009       

for teachers with a reading, mathematics, or science credential.   11,010       

      Individuals with an elementary school teaching certificate   11,012       

that successfully complete a program for a reading endorsement,    11,013       

and who successfully complete the examination prescribed by the    11,014       

State Board of Education, shall be paid a stipend of $1,000.       11,015       

Individuals with a high school teaching certificate that                        

successfully complete a program required to add mathematics or     11,016       

science to that certificate, and who successfully complete the     11,017       

mathematics or science examination prescribed by the State Board   11,018       

of Education, shall be paid a stipend of $1,500.  The variance in  11,019       

stipend amounts reflects the variance in requirements to secure    11,020       

the different credentials.                                                      

      Character Education                                          11,022       

      The foregoing appropriation item 200-573, Character          11,024       

Education, shall be used by the Department of Education to         11,025       

provide matching grants of up to $50,000 each to school districts  11,026       

                                                          228    


                                                                 
to develop pilot character education programs.                                  

      Substance Abuse Prevention                                   11,028       

      Of the foregoing appropriation item 200-574, Substance       11,030       

Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to   11,031       

$2,120,000 in fiscal year 2001 shall be used for the Substance     11,032       

Abuse Coordinators Program.  Of the foregoing appropriation item   11,033       

200-574, Substance Abuse Prevention, up to $300,000 in each                     

fiscal year of the biennium shall be used for the Substance Abuse  11,034       

Prevention Student Assistance Program.                             11,035       

      12th Grade Proficiency Stipend                               11,037       

      The foregoing appropriation item 200-575, 12th Grade         11,039       

Proficiency Stipend, shall be used to fund a $500 scholarship to   11,040       

each student who meets the requirements of section 3365.15 of the  11,041       

Revised Code.                                                                   

      Within thirty days of the effective date of this section,    11,043       

the Director of Budget and Management shall transfer the           11,044       

appropriation for this program to the Ohio Board of Regents for    11,045       

its administration.                                                             

      Auxiliary Services Mobile Repair                             11,047       

      Notwithstanding section 3317.064 of the Revised Code, if     11,049       

the unobligated cash balance is sufficient then the Treasurer of   11,050       

State shall transfer $1,500,000 in fiscal year 2000 within thirty  11,051       

days of the effective date of this section and $1,500,000 in       11,052       

fiscal year 2001 by August 1, 2000, from the Auxiliary Services    11,053       

Personnel Unemployment Compensation Fund to the Department of      11,054       

Education's Auxiliary Services Mobile Repair Fund (Fund 598).      11,055       

      Transfer                                                     11,057       

      The Superintendent of Public Instruction shall certify to    11,059       

the Director of Budget and Management an amount of cash to be      11,060       

transferred from Fund 452, appropriation item 200-638,             11,061       

Miscellaneous Revenue, to Fund 620, appropriation item 200-615,    11,062       

Educational Grants.  Such certification shall be made 30 days                   

after the effective date of this section.                          11,063       

      Section 4.19.  Lottery Profits Education Fund                11,065       

                                                          229    


                                                                 
      Appropriation item fund 017 200-612, Base Cost Funding,      11,068       

shall be used in conjunction with GRF appropriation item 200-501,  11,069       

Base Cost Funding, to provide payments to school districts                      

pursuant to Chapter 3317. of the Revised Code.                     11,071       

      Of the foregoing appropriation item fund 017 200-612, Base   11,074       

Cost Funding, $25,000,000 in each fiscal year shall be used from   11,075       

the funds transferred from the Unclaimed Prizes Trust Fund         11,076       

pursuant to the section entitled "Transfers from the Unclaimed     11,077       

Prizes Fund" of this act.                                                       

      The Department of Education, with the approval of the        11,079       

Director of Budget and Management, shall determine the monthly     11,080       

distribution schedules of the GRF appropriation item 200-501 and   11,081       

fund 017 appropriation item 200-610.  If adjustments to the        11,082       

monthly distribution schedule are necessary, the Department of     11,084       

Education shall make such adjustments with the approval of the     11,085       

Director of Budget and Management.                                 11,086       

      The Director of Budget and Management shall transfer the     11,088       

amount appropriated under the Lottery Profits Education Fund for   11,089       

appropriation item 200-682, Lease Rental Payment Reimbursement,    11,090       

to the General Revenue Fund on a schedule determined by the        11,091       

director.  These funds shall support the GRF appropriation item    11,092       

230-428, Lease Rental Payments, of the School Facilities           11,093       

Commission.                                                        11,094       

      Lottery Profits Transfers*                                   11,096       

      On 15th day of May of each fiscal year, the Director of      11,098       

Budget and Management shall determine if lottery profits           11,099       

transfers will meet the appropriation amounts from the Lottery     11,100       

Profits Education Fund.                                            11,101       

      On or after the date specified in each fiscal year, if the   11,103       

director determines that lottery profits will not meet             11,104       

appropriations and if other funds are not available to meet the    11,105       

shortfall, the Superintendent of Public Instruction shall take     11,106       

the actions specified under the "Reallocation of Funds" section    11,108       

of this act.                                                                    

                                                          230    


                                                                 
      Transfers from the Unclaimed Prizes Fund                     11,110       

      By January 15 of fiscal year 2000 and by January 15 of       11,112       

fiscal year 2001, the Director of Budget and Management shall      11,114       

transfer $25,000,000 from the State Lottery Commission's           11,115       

Unclaimed Prizes Fund to the Lottery Profits Education Fund, to                 

be used solely for purposes specified in the Department of         11,116       

Education's budget.  Transfers of unclaimed prizes under this      11,117       

provision shall not count as lottery profits in the determination  11,118       

made concerning excess profits titled "Lottery Profits" under the  11,120       

Department of Education in this act.                                            

      Teacher Certification and Licensure                          11,122       

      The foregoing appropriation item 200-681, Teacher            11,124       

Certification and Licensure, shall be used by the Department of    11,125       

Education in each year of the biennium to administer teacher       11,126       

certification and licensure functions pursuant to sections         11,127       

3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24   11,128       

to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and    11,129       

3319.51 of the Revised Code.                                       11,130       

      Section 4.20.  Property Tax Allocation                       11,132       

      The Superintendent of Public Instruction shall not request   11,134       

and the Controlling Board shall not approve the transfer of funds  11,135       

from appropriation item 200-901, Property Tax                      11,136       

Allocation-Education, to any other appropriation line item.        11,137       

      School District Solvency Assistance                          11,139       

      The foregoing appropriation item 200-687, School District    11,141       

Solvency Assistance, shall be used to make advancements to school  11,143       

districts to enable them to remain solvent pursuant to section                  

3316.20 of the Revised Code.  Advancements shall be subject to     11,144       

approval by the Controlling Board.  Reimbursements from school     11,146       

districts for any amounts advanced shall be made to the School     11,147       

District Solvency Assistance Fund.                                 11,148       

      Section 4.21.  Distribution Formulas*                        11,150       

      The Department of Education shall report the following to    11,152       

the Director of Budget and Management, the Legislative Office of   11,153       

                                                          231    


                                                                 
Education Oversight, and the Legislative Budget Officer of the     11,154       

Legislative Service Commission:                                    11,155       

      (A)  Changes in formulas for distributing state              11,157       

appropriations, including administratively defined formula         11,158       

factors;                                                           11,159       

      (B)  Discretionary changes in formulas for distributing      11,161       

federal appropriations;                                            11,162       

      (C)  Federally mandated changes in formulas for              11,164       

distributing federal appropriations.                               11,165       

      Any such changes shall be reported two weeks prior to the    11,167       

effective date of the change.                                      11,168       

      Section 4.22.  Educational Service Centers Funding           11,170       

      Notwithstanding division (B) of section 3317.11 of the       11,172       

Revised Code, no funds shall be provided to an educational         11,173       

service center in either fiscal year for any pupils of a city or   11,174       

exempted village school district unless an agreement to provide    11,175       

services under section 3313.843 of the Revised Code was entered                 

into by January 1, 1997, except that funds shall be provided to    11,176       

an educational service center for any pupils of a city school      11,177       

district if the agreement to provide services was entered into     11,178       

within one year of the date upon which such district changed from  11,179       

a local school district to a city school district.  If                          

insufficient funds are appropriated in fiscal year 2000 for the    11,180       

purposes of division (B) of section 3317.11 of the Revised Code,   11,181       

the department shall first distribute to each educational service  11,182       

center $32 per pupil in its service center ADM, as defined in      11,183       

that section.  The remaining funds in the fiscal year shall be     11,184       

distributed to each educational service center at a rate of $32    11,185       

per pupil in its client ADM, as defined in that section, that is                

attributable to each city and exempted village school district     11,186       

that had entered into an agreement with an educational service     11,187       

center for that fiscal year under section 3313.843 of the Revised  11,188       

Code by January 1, 1997, in order of the dates on which such       11,189       

agreements were entered into, beginning with the earliest such     11,190       

                                                          232    


                                                                 
date; except that any service center that received funds for the                

pupils of a city or exempted village school district in fiscal     11,191       

year 1999 shall receive funds for the pupils of such district in   11,192       

fiscal year 2000 if such district has entered into an agreement    11,193       

with that educational service center for that fiscal year.  If     11,194       

insufficient funds are appropriated in fiscal year 2001 for the    11,195       

purposes of division (B) of section 3317.11 of the Revised Code,   11,196       

the department shall first distribute to each educational service  11,197       

center $32 per pupil in its service center ADM.  The remaining     11,198       

funds in the fiscal year shall be distributed to each educational  11,199       

service center at a rate of $32 per pupil in its client ADM        11,201       

attributable to each city and exempted village school district                  

that had entered into an agreement with an educational service     11,202       

center for that fiscal year under section 3313.843 of the Revised  11,203       

Code by January 1, 1997, in order of the dates on which such       11,204       

agreements were entered into, beginning with the earliest such     11,205       

date; except that any educational service center that received     11,206       

funds for the pupils in the ADM of a city or exempted village                   

school district in both fiscal years 1999 and 2000 shall receive   11,207       

funds for the pupils of such district in fiscal year 2001 if such  11,208       

district has entered into an agreement with that educational       11,209       

service center for that fiscal year.                                            

      Section 4.23.  Distribution-School District Subsidy          11,211       

Payments                                                           11,212       

      The provisions of this section shall not take effect unless  11,215       

the Director of Budget and Management adopts an order putting      11,216       

them into effect and certifies a copy of the order to the          11,217       

Superintendent of Public Instruction and the Controlling Board.    11,218       

      Notwithstanding any other provision of the Revised Code,     11,220       

the monthly distribution of payments made to school districts and  11,221       

educational service centers pursuant to section 3317.01 of the     11,222       

Revised Code for the first six months of each fiscal year shall    11,224       

equal, as nearly as possible, six and two-thirds per cent of the   11,225       

estimate of the amounts payable for each fiscal year.  The         11,226       

                                                          233    


                                                                 
monthly distribution of payments for the last six months of each   11,227       

fiscal year shall equal, as nearly as possible, ten per cent of    11,228       

the final calculation of the amounts payable to each school        11,229       

district for that fiscal year.                                                  

      The treasurer of each school district or educational         11,231       

service center may accrue, in addition to the payments defined in  11,233       

this section, to the accounts of the calendar years that end       11,234       

during each fiscal year, the difference between the sum of the     11,235       

first six months' payments in each fiscal year and the amounts     11,236       

the district would have received had the payments been made in,    11,237       

as nearly as possible in each fiscal year, twelve equal monthly    11,238       

payments.                                                                       

      Notwithstanding the limitations on the amount of borrowing   11,240       

and time of payment provided for in section 133.10 of the Revised  11,241       

Code but subject to the provisions of sections 133.26 and 133.30   11,242       

of the Revised Code, a board of education of a school district     11,243       

may at any time between July 1, 1999, and December 31, 1999, or    11,244       

at any time between July 1, 2000, and December 31, 2000, borrow    11,245       

money to pay any necessary and actual expenses of the school       11,246       

district during the last six months of calendar years 1999 and     11,247       

2000 and in anticipation of the receipt of any portion of the      11,248       

payments to be received by that district in the first six months   11,249       

of calendar years 2000 and 2001 representing the respective        11,250       

amounts accrued pursuant to the preceding paragraph, and issue     11,251       

notes to evidence that borrowing to mature no later than the       11,252       

thirtieth day of June of the calendar year following the calendar  11,253       

year in which such amount was borrowed.  The principal amount      11,254       

borrowed in the last six months of calendar years 1999 or 2000     11,255       

under this paragraph may not exceed the entire amount accrued or   11,256       

to be accrued by the district treasurer in those calendar years    11,257       

pursuant to the preceding paragraph.  The proceeds of the notes    11,258       

shall be used only for the purposes for which the anticipated      11,259       

receipts are lawfully appropriated by the board of education.  No  11,260       

board of education shall be required to use the authority granted  11,261       

                                                          234    


                                                                 
by this paragraph.  The receipts so anticipated, and additional    11,262       

amounts from distributions to the districts in the first six       11,263       

months of calendar years 2000 and 2001 pursuant to Chapter 3317.   11,264       

of the Revised Code needed to pay the interest on the notes,       11,265       

shall be deemed appropriated by the board of education to the      11,266       

extent necessary for the payment of the principal of and interest  11,267       

on the notes at maturity, and the amounts necessary to make those  11,268       

monthly distributions are hereby appropriated from the General     11,269       

Revenue Fund.  For the purpose of better ensuring the prompt       11,270       

payment of principal of and interest on the notes when due, the    11,271       

resolution of the board of education authorizing the notes may     11,272       

direct that the amount of the receipts anticipated, together with  11,273       

those additional amounts needed to pay the interest on the         11,274       

borrowed amounts, shall be deposited and segregated, in trust or   11,275       

otherwise, to the extent, at the time or times, and in the manner  11,276       

provided in that resolution.  The borrowing authorized by this     11,277       

section shall not constitute debt for purposes of section 133.04   11,278       

of the Revised Code.  School districts shall be reimbursed by the  11,279       

state for all necessary and actual costs to districts arising      11,280       

from this provision, including, without limitation, the interest   11,281       

paid on the notes while the notes are outstanding.  The            11,282       

Department of Education shall adopt rules that are not             11,283       

inconsistent with this section for school district eligibility     11,284       

and application for reimbursement of such costs.  Payments of      11,285       

these costs shall be made out of any anticipated balances in       11,286       

appropriation items distributed under Chapter 3317. of the         11,287       

Revised Code.  The department shall submit all requests for        11,288       

reimbursement under these provisions to the Controlling Board for  11,289       

approval.                                                          11,290       

      During the last six months of each calendar year, instead    11,292       

of deducting the amount the Superintendent of Public Instruction   11,293       

would otherwise deduct from a school district's or educational     11,295       

service center's state aid payments in accordance with the         11,296       

certifications made for such year pursuant to sections 3307.56     11,297       

                                                          235    


                                                                 
and 3309.51 of the Revised Code, the superintendent shall deduct   11,299       

an amount equal to forty per cent of the amount so certified.      11,300       

The secretaries of the retirement systems shall compute the        11,301       

certifications for the ensuing year under such sections as if the  11,302       

entire amounts certified as due in the calendar year ending the    11,303       

current fiscal year, but not deducted pursuant to this paragraph,  11,304       

had been deducted and paid in that calendar year.  During the      11,305       

first six months of the ensuing calendar year, in addition to      11,306       

deducting the amounts the Superintendent of Public Instruction is  11,307       

required to deduct under such sections during such period, the     11,308       

superintendent shall deduct from a district's or educational       11,309       

service center's state aid payments an additional amount equal to  11,311       

the amount that was certified as due from the district for the     11,312       

calendar year that ends during the fiscal year, but that was not   11,313       

deducted because of this paragraph.  The superintendent's          11,314       

certifications to the Director of Budget and Management during     11,315       

the first six months of the calendar year shall reflect such       11,316       

additional deduction.                                                           

      Section 4.24.  Reallocation of Funds                         11,318       

      (A)  As used in this section:                                11,320       

      (1)  "Basic aid" means the amount calculated for the school  11,323       

district received for the fiscal year under divisions (A) and (C)  11,324       

of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,   11,326       

3317.0212, and 3317.0213 of the Revised Code and the amount        11,327       

computed for a joint vocational school district under section      11,328       

3317.16 of the Revised Code.                                                    

      (2)  "Nonbasic aid" means the amount computed for a school   11,331       

district for fiscal year 2000 or fiscal year 2001 under Chapter    11,332       

3317. of the Revised Code and this act, excluding the district's   11,333       

basic aid and the amount computed under such chapter and acts for  11,334       

educational service centers, MR/DD boards, and institutions.       11,335       

      (B)  If in either fiscal year of the biennium the Governor   11,337       

issues an order under section 126.05 of the Revised Code to        11,338       

reduce expenditures and incurred obligations and the order         11,339       

                                                          236    


                                                                 
requires the superintendent to reduce such state education         11,340       

payments, or if lottery profits transfers are insufficient to      11,342       

meet the amounts appropriated from the Lottery Profits Education   11,343       

Fund for base cost funding, and if other funds are not sufficient  11,344       

to offset the shortfall, the superintendent shall reduce nonbasic  11,346       

aid payments so that the total amount expended in the fiscal year  11,347       

will not exceed the amount available for expenditure pursuant to   11,348       

the Governor's order.  Subject to Controlling Board approval, the  11,349       

superintendent shall reallocate appropriations not yet expended    11,350       

from one program to another.                                       11,351       

      (C)(1)  If further reductions in nonbasic aid are necessary  11,354       

following the reallocations implemented pursuant to division (B)   11,355       

of this section, the superintendent shall request the Controlling  11,356       

Board to approve the use of the money appropriated by this         11,357       

division.  The superintendent shall include with the               11,358       

superintendent's request a report listing the amount of                         

reductions that each school district will receive if the request   11,359       

is not approved, and also the amount of the reduction, if any,     11,360       

that will still be required if the use of the money appropriated   11,361       

by this section is approved.                                                    

      (2)  In accordance with division (C)(1) of this section,     11,363       

there is hereby appropriated to the Department of Education from   11,364       

the unobligated balance remaining in the Lottery Profits           11,365       

Education Fund at the end of fiscal year 1999 the lesser of:  the  11,366       

unobligated balance in the fund, or the amount needed to preclude  11,368       

a reallocation pursuant to this section.  The money appropriated   11,369       

by this division may be spent or distributed by the department     11,370       

only with the approval of the Controlling Board.                   11,371       

      (D)  If reductions in nonbasic aid are still necessary       11,374       

following the actions taken pursuant to divisions (B) and (C) of   11,375       

this section, the superintendent shall determine by what           11,376       

percentage expenditures for nonbasic aid must be reduced for the   11,377       

remainder of the fiscal year to make the total amount distributed  11,378       

for the year equal the amount appropriated or available for        11,379       

                                                          237    


                                                                 
distribution.  The superintendent shall reduce by that percentage  11,380       

the amount to be paid in nonbasic aid to each city, exempted       11,381       

village, local, and joint vocational school district, to each      11,382       

educational service center, to each county board of mental         11,383       

retardation and developmental disabilities, and to each            11,384       

institution providing special education programs under section     11,385       

3323.091 of the Revised Code for the remainder of the fiscal       11,386       

year.                                                                           

      Section 4.25.  Lottery Profits                               11,388       

      (A)  There is hereby created the Lottery Profits Education   11,390       

Reserve Fund (Fund 018) in the State Treasury.  At no time shall   11,391       

the amount to the credit of the fund exceed $75,000,000.           11,392       

Investment earnings of the Lottery Profits Education Reserve Fund  11,393       

shall be credited to the fund.  Notwithstanding any provisions of  11,394       

law to the contrary, for fiscal years 2000 and 2001, there is      11,395       

hereby appropriated to the Department of Education, from the       11,396       

Lottery Profits Education Reserve Fund, an amount necessary to     11,397       

make loans authorized by sections 3317.0210, 3317.0211, and        11,398       

3317.62 of the Revised Code.  All loan repayments from loans made  11,399       

in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999  11,400       

shall be deposited into the credit of the Lottery Profits          11,401       

Education Reserve Fund.                                                         

      (B)(1)  On or before July 15, 1999, the Director of Budget   11,403       

and Management shall determine the amount by which lottery profit  11,404       

transfers received by the Lottery Profits Education Fund for       11,405       

fiscal year 1999 exceed $688,873,028.  The amount so certified     11,407       

shall be distributed in fiscal year 2000 pursuant to divisions     11,409       

(C) and (D) of this section.                                                    

      (2)  On or before July 15, 2000, the Director of Budget and  11,411       

Management shall determine the amount by which lottery profit      11,412       

transfers received by the Lottery Profits Education Fund for       11,413       

fiscal year 2000 exceed $661,000,000.  The amount so determined    11,414       

shall be distributed in fiscal year 2001 pursuant to divisions     11,415       

(E) and (F) of this section.                                       11,416       

                                                          238    


                                                                 
      The Director of Budget and Management shall annually         11,418       

certify the amounts determined pursuant to this section to the     11,419       

Speaker of the House of Representatives and the President of the   11,420       

Senate.                                                                         

      (C)  Not later than June 15, 2000, the Department of         11,422       

Education, in consultation with the Director of Budget and         11,423       

Management, shall determine, based upon estimates, if a            11,424       

reallocation of funds as described in the section of this act      11,425       

titled "Reallocation of Funds" is required.                        11,426       

      If a reallocation of funds is required, then the             11,428       

Superintendent of Public Instruction shall request Controlling     11,429       

Board approval for a release of any balances in the Lottery        11,430       

Profits Education Fund available for the purpose of this division  11,431       

and pursuant to divisions (C)(1) and (2) of the section of this    11,432       

act titled "Reallocation of Funds."  Any moneys so released are    11,433       

hereby appropriated.                                               11,434       

      (D)  In fiscal year 2000, if the Department of Education     11,436       

does not determine that a reallocation of funds is necessary by    11,437       

the fifteenth day of June, as provided in division (C) of this     11,439       

section, or if there is a balance in the Lottery Profits           11,440       

Education Fund after the release of any amount needed to preclude  11,441       

a reallocation of funds as provided in division (C) of this        11,442       

section, the moneys in the Lottery Profits Education Fund shall    11,443       

be allocated as provided in this division.  Any amounts so         11,444       

allocated are hereby appropriated.                                              

      An amount equal to five per cent of the estimated lottery    11,446       

profits of $688,873,028 in fiscal year 1999 or the amount          11,447       

remaining in the fund, whichever is the lesser amount, shall be    11,448       

transferred to the Lottery Profits Education Reserve Fund within   11,449       

the limitations specified in division (A) of this section and be   11,450       

reserved and shall not be available for allocation or              11,451       

distribution during fiscal year 2000.  Any amounts exceeding       11,452       

$75,000,000 shall be distributed pursuant to division (G) of this  11,453       

section.                                                           11,454       

                                                          239    


                                                                 
      (E)  Not later than June 15, 2001, the Department of         11,456       

Education, in consultation with the Director of Budget and         11,457       

Management, shall determine, based upon estimates, if a            11,458       

reallocation of funds as described in the section of this act      11,459       

titled "Reallocation of Funds" is required.                        11,460       

      If a reallocation of funds is required, then the             11,462       

Superintendent of Public Instruction shall request Controlling     11,463       

Board approval for a release of any balances in the Lottery        11,464       

Profits Education Fund available for the purpose of this division  11,465       

and pursuant to divisions (C)(1) and (2) of the section of this    11,466       

act titled "Reallocation of Funds."  Any moneys so released are    11,467       

hereby appropriated.                                               11,468       

      (F)  In fiscal year 2001, if the Department of Education     11,470       

does not determine that a reallocation of funds is necessary by    11,471       

the fifteenth day of June, as provided in division (E) of this     11,473       

section, or if there is a balance in the Lottery Profits           11,474       

Education Fund after the release of any amount needed to preclude  11,475       

a reallocation of funds as provided in division (E) of this        11,476       

section, the moneys in the Lottery Profits Education Fund shall    11,477       

be allocated as provided in this division.  Any amounts so         11,478       

allocated are hereby appropriated.                                              

      An amount equal to five per cent of the estimated lottery    11,480       

profits transfers of $661,000,000 in fiscal year 2000 or the       11,481       

amount remaining in the fund, whichever is the lesser amount,      11,482       

shall be transferred to the Lottery Profits Education Reserve      11,483       

Fund within the limitations specified in division (A) of this      11,484       

section and be reserved and shall not be available for allocation  11,485       

or distribution during fiscal year 2001.  Any amounts exceeding    11,486       

$75,000,000 shall be distributed pursuant to division (G) of this  11,488       

section.                                                                        

      (G)  In the appropriate fiscal year, any remaining amounts   11,490       

after the operations required by division (D) or (F) of this       11,491       

section, respectively, shall be available for distribution in      11,492       

accordance with this division.                                     11,493       

                                                          240    


                                                                 
      (1)  As used in this division:                               11,495       

      (a)  "State basic aid" means:                                11,497       

      (i)  In the case of a city, local, or exempted village       11,499       

school district, the amount computed for a district under          11,500       

sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the       11,501       

Revised Code, plus any amount computed for the district under      11,502       

section 3317.0212 of the Revised Code;                             11,503       

      (ii)  In the case of a joint vocational school district,     11,505       

the amount calculated under section 3317.16 of the Revised Code.   11,506       

      (b)  "ADM" means:                                            11,508       

      (i)  In the case of a city, local, or exempted village       11,510       

school district, the district's formula ADM as defined in section  11,511       

3317.02 of the Revised Code, minus the portion of ADM computed     11,512       

under division (A)(3) of section 3317.03 of the Revised Code for   11,513       

students that are enrolled in a joint vocational school district;  11,514       

      (ii)  In the case of a joint vocational school district,     11,516       

the district's formula ADM as defined in that section.             11,517       

      (2)  Ninety-seven and forty-three one-hundredths per cent    11,519       

of the amount made available for distribution under this division  11,520       

in each fiscal year shall be distributed to city, local, joint     11,521       

vocational, and exempted village school districts eligible to      11,522       

receive funds pursuant to Chapter 3317. of the Revised Code in     11,523       

proportion to the percentage that the ADM of each such district    11,524       

is of the ADM of all districts and shall be for the use of the     11,525       

public schools of the district.  Two and fifty-seven               11,526       

one-hundredths per cent of such amount made available for          11,527       

distribution under this division in each fiscal year shall be      11,528       

distributed to nonpublic schools for the purposes of section       11,529       

3317.063 of the Revised Code.  Not later than the first day of     11,530       

March of each fiscal year, the Department of Education shall       11,531       

compute each school district's share for that year of the amount   11,532       

to be distributed under this division and shall, subject to        11,533       

Controlling Board approval, distribute the shares so determined.   11,534       

      Amounts distributed to school districts pursuant to this     11,536       

                                                          241    


                                                                 
division shall be used solely to purchase textbooks and            11,537       

equipment.  If funds have been appropriated by a board for any     11,538       

purposes permitted under this section, the amounts distributed to  11,539       

the district or educational service center under this division     11,540       

shall be used for additional expenditures for such purposes and    11,541       

shall not be substituted for funds previously appropriated by the  11,542       

board.                                                                          

      (3)  Districts and nonpublic schools shall report to the     11,544       

Department of Education no later than the last day of May of each  11,545       

fiscal year on the usage of funds received under this division.    11,546       

The Department shall compile district data and report on the       11,547       

usage of all funds distributed under this division to the          11,548       

Controlling Board by the last day of June of each fiscal year.     11,549       

If the Department determines that a district used funds            11,550       

distributed pursuant to this division for purposes not permitted,  11,551       

it shall reduce the district's state basic aid payments for the    11,552       

ensuing fiscal year by the amount improperly used.                 11,553       

      It is the intent of the General Assembly that moneys         11,555       

distributed pursuant to this section shall not be included in any  11,556       

spending base calculations when appropriations for the 2001-2002   11,557       

biennium are being considered.                                     11,558       

      Section 4.26.*  For the school year commencing July 1,       11,560       

1999, or the school year commencing July 1, 2000, or both, the     11,561       

Superintendent of Public Instruction may waive for the board of    11,562       

education of any school district the ratio of teachers to pupils   11,563       

in kindergarten through fourth grade required under paragraph      11,564       

(A)(3) of rule 3301-35-03 of the Administrative Code if the        11,565       

following conditions apply:                                        11,566       

      (A)  The board of education requests the waiver;             11,568       

      (B)  After the Department of Education conducts an on-site   11,570       

evaluation of the district related to meeting the required ratio,  11,571       

the board of education demonstrates to the satisfaction of the     11,572       

Superintendent of Public Instruction that providing the            11,574       

facilities necessary to meet the required ratio during the         11,575       

                                                          242    


                                                                 
district's regular school hours with pupils in attendance would    11,576       

impose an extreme hardship on the district;                        11,577       

      (C)  The board of education provides assurances that are     11,579       

satisfactory to the Superintendent of Public Instruction that the  11,580       

board will act in good faith to meet the required ratio as soon    11,581       

as possible.                                                       11,582       

      Section 4.27.*  Teacher and Nonteacher Salary Schedules      11,584       

      (A)  As used under this heading:                             11,586       

      (1)  "Teachers' salary schedule" means the salary schedule   11,589       

adopted pursuant to section 3317.14 of the Revised Code, except    11,590       

that it does not include any separate salary level for teachers    11,591       

with twelve or more years of service or for any separate level of  11,592       

training and experience except those levels separately set forth   11,593       

in the salary schedule in section 3317.13 of the Revised Code.     11,594       

      (2)  "Nonteaching salary schedule" means the salary          11,597       

schedule adopted pursuant to section 3317.12 of the Revised Code.  11,598       

      (B)  If the salary for any number of years' service at any   11,600       

level of training and experience in a board of education's         11,601       

teachers' salary schedule that was in effect on June 30, 1994,     11,602       

was less than the amount required for that number of years'        11,603       

service at that level in order to be in compliance with the        11,604       

minimum salary requirements imposed by this act for the 1994-1995  11,605       

school year, that board shall increase the salaries for each       11,606       

position classification and level of service in the nonteaching    11,607       

salary schedule for the 1994-1995 school year as follows:          11,608       

      (1)  Add the salaries at each level of training and          11,610       

experience in the teachers' salary schedule that was in effect on  11,611       

June 30, 1994.                                                     11,612       

      (2)  At each level of training and experience, increase the  11,614       

salary in the June 30, 1994, teachers' salary schedule if an       11,615       

increase is required for the 1994-1995 school year in order to     11,616       

bring that schedule into compliance with this act, but do not      11,617       

increase the salary to more than the minimum amount required to    11,618       

be in compliance.                                                  11,619       

                                                          243    


                                                                 
      (3)  Recompute division (B)(1) under this heading,           11,621       

substituting the increased salaries included in division (B)(2)    11,622       

under this heading.                                                11,623       

      (4)  Divide the sum obtained in division (B)(3) under this   11,625       

heading by the sum obtained in division (B)(1) under this          11,626       

heading.                                                           11,627       

      (5)  Multiply the salary for each position classification    11,629       

and level of service included in the nonteaching salary schedule   11,630       

by the quotient obtained in division (B)(4) under this heading.    11,631       

      No school district affected by this division shall pay any   11,633       

nonteaching school employee for the 1994-1995 school year at a     11,634       

rate that is less than that to which the employee would be         11,635       

entitled if the employee were paid under the adjusted nonteaching  11,637       

salary schedule computed under division (B)(5) of this heading.    11,638       

      Section 4.28.*  Notwithstanding any provision of division    11,640       

(F) of section 3311.06 of the Revised Code limiting interdistrict  11,643       

payments under annexation agreements to amounts certified under    11,644       

former section 3317.029 of the Revised Code, a party to an         11,645       

annexation agreement entered into prior to the effective date of   11,646       

this section which contains an agreement to pay, in respect of                  

its territory which is annexed territory, an amount which exceeds  11,647       

or exceeded the amount certified under former section 3317.029 of  11,648       

the Revised Code may pay such agreed amount, if the agreement      11,649       

expressly states the intention of the parties not to be bound by   11,650       

such limitation if so permitted by law.                            11,651       

      Section 4.29.  Private Treatment Facility Pilot Project      11,653       

      (A)  As used in this section:                                11,655       

      (1)  The following are "participating residential treatment  11,657       

centers":                                                                       

      (a)  Private residential treatment facilities which have     11,659       

entered into a contract with the Ohio Department of Youth          11,660       

Services to provide services to children placed at the facility    11,661       

by the department and which, in fiscal year 2000 or 2001 or both,  11,663       

the department pays through appropriation item 470-401, Care and   11,664       

                                                          244    


                                                                 
Custody.                                                                        

      (b)  Abraxas, in Shelby;                                     11,666       

      (c)  Paint Creek, in Bainbridge;                             11,668       

      (d)  Act One, in Akron;                                      11,670       

      (e)  Friars Club, in Cincinnati.                             11,672       

      (2)  "Education program" means an elementary or secondary    11,674       

education program or a special education program and related       11,675       

services.                                                          11,676       

      (3)  "Served child" means any child receiving an education   11,678       

program pursuant to division (B) of this section.                  11,679       

      (4)  "School district responsible for tuition" means a       11,681       

city, exempted village, or local school district that, if tuition  11,682       

payment for a child by a school district is required under law     11,683       

that existed in fiscal year 1998, is the school district required  11,685       

to pay that tuition.                                                            

      (5)  "Residential child" means a child who resides in a      11,687       

participating residential treatment center and who is receiving    11,688       

an educational program under division (B) of this section.         11,689       

      (B)  A youth who is a resident of the state and has been     11,692       

assigned by a juvenile court or other authorized agency to a       11,693       

residential treatment facility specified in division (A) of this   11,694       

section shall be enrolled in an approved educational program                    

located in or near the facility.  Approval of the educational      11,696       

program shall be contingent upon compliance with the criteria      11,697       

established for such programs by the Department of Education.      11,698       

The educational program shall be provided by a school district or  11,700       

educational service center, or by the residential facility         11,701       

itself.  Maximum flexibility shall be given to the residential     11,702       

treatment facility to determine the provider.  In the event that   11,703       

a voluntary agreement cannot be reached and the residential        11,704       

facility does not choose to provide the educational program, the   11,705       

educational service center in the county in which the facility is  11,706       

located shall provide the educational program at the treatment     11,707       

center to children under the age of twenty-two years residing in   11,708       

                                                          245    


                                                                 
the treatment center.                                                           

      (C)  Any school district responsible for tuition for a       11,711       

residential child shall, notwithstanding any conflicting           11,712       

provision of the Revised Code regarding tuition payment, pay       11,713       

tuition for the child for fiscal years 2000 and 2001 to the        11,714       

education program provider and in the amount specified in this     11,715       

division.  If there is no school district responsible for tuition  11,716       

for a residential child and if the participating residential       11,717       

treatment center to which the child is assigned is located in the  11,718       

city, exempted village, or local school district that, if the      11,719       

child were not a resident of that treatment center, would be the   11,720       

school district where the child is entitled to attend school       11,721       

under sections 3313.64 and 3313.65 of the Revised Code, that       11,722       

school district shall, notwithstanding any conflicting provision   11,723       

of the Revised Code, pay tuition for the child for fiscal years    11,724       

2000 and 2001 under this division unless that school district is   11,725       

providing the educational program to the child under division (B)  11,726       

of this section.                                                                

      A tuition payment under this division shall be made to the   11,728       

school district, educational service center, or residential        11,729       

treatment facility providing the educational program to the        11,730       

child.                                                             11,731       

      The amount of tuition paid shall be:                         11,733       

      (1)  The amount of tuition determined for the district       11,735       

under division (A) of section 3317.08 of the Revised Code;         11,736       

      (2)  In addition, for any student receiving special          11,738       

education pursuant to an individualized education program as       11,739       

defined in section 3323.01 of the Revised Code, a payment for      11,740       

excess costs.  This payment shall equal the actual cost to the     11,741       

school district, educational service center, or residential                     

treatment facility of providing special education and related      11,742       

services to the student pursuant to the student's individualized   11,743       

education program, minus the tuition paid for the child under      11,744       

division (C)(1) of this section.                                   11,745       

                                                          246    


                                                                 
      A school district paying tuition under this division shall   11,747       

not include the child for whom tuition is paid in the district's   11,748       

average daily membership certified under division (A) of section   11,749       

3317.03 of the Revised Code.                                                    

      (D)  In each of fiscal years 2000 and 2001, the Department   11,751       

of Education shall reimburse, from appropriations made for the     11,752       

purpose, a school district, educational service center, or         11,753       

residential treatment facility, whichever is providing the         11,754       

service, which has demonstrated that it is in compliance with the  11,755       

funding criteria for each served child for whom a school district  11,756       

must pay tuition under division (C) of this section.  The amount   11,757       

of this reimbursement in either fiscal year shall be the formula   11,759       

amount specified in section 3317.022 of the Revised Code except    11,760       

that the department shall proportionately reduce this              11,761       

reimbursement if sufficient funds are not available to pay this    11,762       

amount to all qualified providers.                                              

      (E)  Funds provided to a school district, educational        11,764       

service center, or residential treatment facility under this       11,765       

section shall be used to supplement, not supplant, funds from      11,766       

other public sources for which the school district, service        11,768       

center, or residential treatment facility is entitled or           11,769       

eligible.                                                                       

      (F)  The Department of Education shall track the             11,771       

utilization of funds provided to school districts, educational     11,773       

service centers, and residential treatment facilities under this   11,774       

section and monitor the effect of the funding on the educational   11,775       

programs they provide in participating residential treatment       11,776       

facilities.  The department shall monitor the programs for                      

educational accountability.                                        11,777       

      Section 4.30.  The Superintendent of Public Instruction      11,779       

shall contract with an independent research entity to develop a    11,780       

methodology and research design for an evaluation of the pilot     11,782       

project approved pursuant to section 3313.975 of the Revised       11,783       

Code.  The independent research entity shall consult with the      11,784       

                                                          247    


                                                                 
Legislative Office of Education Oversight in the development of                 

the methodology and research for the evaluation.  The evaluation   11,785       

shall consist of two parts.  The first part shall be a formative   11,786       

evaluation examining the implementation of the program, which      11,787       

shall be completed by December 31, 1997.  The second part shall    11,788       

be a comprehensive evaluation of the results of the program,       11,789       

which shall be completed by September 1, 1999.  The comprehensive  11,791       

evaluation shall include at a minimum a study of the impact of                  

scholarships on student attendance, conduct, commitment to         11,792       

education, and standardized test scores; parental involvement;     11,793       

the school district's ability to provide services to district      11,794       

students; and the availability of alternative educational          11,795       

opportunities.  The evaluation shall also study the economic       11,796       

impact of scholarships on the school district.                     11,797       

      Section 4.31.  Notwithstanding division (C)(1) of section    11,799       

3313.975 of the Revised Code, in addition to students in           11,801       

kindergarten through third grade, initial scholarships may be      11,802       

awarded to fourth, fifth, and sixth grade students in fiscal year  11,804       

2000 and to fourth, fifth, sixth, and seventh grade students in                 

fiscal year 2001.                                                  11,805       

      Section 4.32.  Notwithstanding Chapter 3318. of the Revised  11,808       

Code, for purposes of complying with the local share and                        

repayment tax requirements of section 3318.05 of the Revised       11,809       

Code, any school district given conditional approval for           11,810       

classroom facilities assistance under section 3318.04 of the       11,811       

Revised Code as of January 1, 1993, that approved a replacement    11,812       

permanent improvement levy at the November 5, 1996, election       11,813       

shall be permitted to use the proceeds of such levy, and any       11,814       

notes issued or to be issued in anticipation thereof, as           11,815       

available funds, within the meaning specified under section        11,816       

3318.03 of the Revised Code, to pay the local share of the cost    11,817       

of the approved classroom facilities project.  Notwithstanding     11,818       

the local share as previously determined for purposes of the       11,819       

conditional approval of the project, the local share shall be      11,820       

                                                          248    


                                                                 
equal to the amount of proceeds to be obtained by the district     11,821       

under such replacement permanent improvement levy.  Such school    11,822       

districts shall not be required to obtain approval of either of    11,823       

the propositions described in divisions (A) or (B) of section      11,824       

3318.051 of the Revised Code.  The agreement required under        11,825       

section 3318.08 of the Revised Code for the construction and sale  11,827       

of the project shall include provisions for the transfer of the    11,828       

proceeds of the replacement permanent improvement levy, and any    11,829       

notes issued in anticipation thereof, to the school district's     11,830       

project construction account, and for the levy of the replacement  11,831       

permanent improvement levy.                                                     

      Section 5.  HEF  HIGHER EDUCATION FACILITIES COMMISSION      11,833       

Agency Fund Group                                                  11,835       

461 372-601 Operating Expenses    $       12,000 $       12,000    11,840       

TOTAL AGY Agency Fund Group       $       12,000 $       12,000    11,843       

TOTAL ALL BUDGET FUND GROUPS      $       12,000 $       12,000    11,846       

      Section 6.  LOT  STATE LOTTERY COMMISSION                    11,849       

State Lottery Fund Group                                           11,851       

044 950-100 Personal Services     $   22,754,332 $   23,095,613    11,856       

044 950-200 Maintenance           $   24,644,625 $   25,296,625    11,860       

044 950-300 Equipment             $    3,841,880 $    3,274,320    11,864       

044 950-402 Game and Advertising                                   11,866       

            Contracts             $   63,542,098 $   64,378,735    11,868       

044 950-601 Prizes, Bonuses, and                                   11,870       

            Commissions           $  173,555,000 $  172,025,000    11,872       

871 950-602 Annuity Prizes        $  180,660,880 $  190,243,265    11,876       

872 950-603 Unclaimed Prize                                        11,878       

            Awards                $   14,500,000 $   10,700,000    11,880       

TOTAL SLF State Lottery Fund                                       11,881       

   Group                          $  483,498,815 $  489,013,558    11,884       

TOTAL ALL BUDGET FUND GROUPS      $  483,498,815 $  489,013,558    11,887       

      Operating Expenses                                           11,890       

      The foregoing appropriation items include all amounts        11,892       

necessary for the purchase and printing of tickets, consultant     11,893       

                                                          249    


                                                                 
services, and advertising.  The Controlling Board may, at the      11,894       

request of the State Lottery Commission, authorize additional      11,895       

appropriations for operating expenses of the State Lottery         11,896       

Commission from the State Lottery Fund up to a maximum of 15 per   11,897       

cent of anticipated total revenue accruing from the sale of        11,898       

lottery tickets.  Amounts authorized by the Controlling Board are  11,899       

hereby appropriated.                                               11,900       

      Prizes, Bonuses, and Commissions                             11,902       

      Any amounts, in addition to the amounts appropriated in      11,905       

appropriation item 950-601, Prizes, Bonuses, and Commissions,      11,906       

which are determined by the director of the State Lottery                       

Commission to be necessary to fund prizes, bonuses, and            11,908       

commissions are hereby appropriated.                                            

      Annuity Prizes                                               11,910       

      With the approval of the Office of Budget and Management,    11,912       

the State Lottery Commission shall transfer cash from the State    11,913       

Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund    11,914       

(Fund 871), in an amount sufficient to fund deferred prizes.  The  11,915       

Treasurer of State shall, from time to time, credit the Deferred   11,916       

Prizes Trust Fund (Fund 871) the pro rata share of interest        11,917       

earned by the Treasurer of State on invested balances.             11,918       

      Any amounts, in addition to the amounts appropriated in      11,921       

appropriation item 950-602, Annuity Prizes, which are determined   11,922       

by the director of the State Lottery Commission to be necessary    11,923       

to fund deferred prizes and interest earnings are hereby           11,925       

appropriated.                                                                   

      Section 7.  BOR  BOARD OF REGENTS                            11,927       

General Revenue Fund                                               11,929       

GRF 235-321 Operating Expenses    $    3,106,261 $    3,201,422    11,934       

GRF 235-401 Rental Payments to                                     11,936       

            the Ohio Public                                                     

            Facilities Commission $  365,552,000 $  377,490,000    11,938       

GRF 235-402 Sea Grants            $      299,940 $      299,940    11,942       

                                                          250    


                                                                 
GRF 235-403 Math/Science Teaching                                  11,944       

            Improvement           $    2,200,000 $    1,700,000    11,946       

GRF 235-404 College Readiness                                      11,948       

            Initiatives           $    2,650,000 $    2,564,000    11,950       

GRF 235-406 Articulation and                                       11,952       

            Transfer              $    1,230,950 $    1,109,005    11,954       

GRF 235-408 Midwest Higher                                         11,956       

            Education Compact     $       75,000 $       75,000    11,958       

GRF 235-409 Information System    $    1,389,819 $    1,389,819    11,962       

GRF 235-414 State Grants and                                       11,964       

            Scholarship                                                         

            Administration        $    1,360,630 $    1,401,449    11,966       

GRF 235-415 JOBS Challenge        $    8,743,864 $   10,979,694    11,970       

GRF 235-417 Technology            $    4,000,000 $    4,000,000    11,974       

GRF 235-418 Access Challenge      $   32,813,691 $   44,824,335    11,978       

GRF 235-420 Success Challenge     $   20,068,104 $   31,939,001    11,981       

GRF 235-421 Higher Education                                       11,983       

            Efficiency Challenge  $            0 $    2,000,000    11,985       

GRF 235-454 Research Challenge    $   18,186,382 $   20,318,440    11,989       

GRF 235-455 Productivity                                           11,991       

            Improvement Challenge $    1,655,884 $    1,695,625    11,993       

GRF 235-474 AHEC Program Support  $    2,019,968 $    2,019,968    11,997       

GRF 235-477 Access Improvement                                     11,999       

            Projects              $    1,084,842 $    1,110,879    12,001       

GRF 235-501 Instructional Subsidy $1,586,259,165 $1,633,846,940    12,005       

GRF 235-502 Student Support                                        12,007       

            Services              $    1,033,059 $    1,057,853    12,009       

GRF 235-503 Ohio Instructional                                     12,011       

            Grants                $   96,299,061 $  101,131,000    12,013       

GRF 235-504 War Orphans'                                           12,015       

            Scholarships          $    4,152,934 $    4,517,037    12,017       

GRF 235-507 OhioLINK              $    6,947,761 $    7,668,731    12,021       

GRF 235-508 Air Force Institute                                    12,023       

            of Technology         $    3,500,000 $    3,500,000    12,025       

                                                          251    


                                                                 
GRF 235-509 Displaced Homemakers  $      244,996 $      244,996    12,029       

GRF 235-510 Ohio Supercomputer                                     12,031       

            Center                $    4,834,416 $    4,932,218    12,033       

GRF 235-511 Cooperative Extension                                  12,035       

            Service               $   25,043,306 $   25,858,525    12,037       

GRF 235-513 OU Voinovich Center   $      375,000 $      375,000    12,041       

GRF 235-514 Central State                                          12,043       

            Supplement            $    9,744,956 $    9,744,956    12,045       

GRF 235-515 CWRU School of                                         12,047       

            Medicine              $    4,181,578 $    4,281,936    12,049       

GRF 235-518 Capitol Scholarship                                    12,051       

            Programs              $      250,000 $      250,000    12,053       

GRF 235-519 Family Practice       $    6,229,607 $    6,541,087    12,057       

GRF 235-520 Shawnee State                                          12,059       

            Supplement            $    2,969,965 $    2,824,000    12,061       

GRF 235-521 OSU Glenn Institute   $      375,000 $      375,000    12,065       

GRF 235-523 Center for Labor                                       12,067       

            Research              $      400,000 $      400,000    12,069       

GRF 235-524 Police and Fire                                        12,071       

            Protection            $      244,996 $      244,996    12,073       

GRF 235-525 Geriatric Medicine    $    1,062,139 $    1,087,630    12,077       

GRF 235-526 Primary Care                                           12,079       

            Residencies           $    3,016,605 $    3,167,435    12,081       

GRF 235-527 Ohio Aerospace                                         12,083       

            Institute             $    2,374,973 $    2,431,973    12,085       

GRF 235-530 Academic Scholarships $    8,000,000 $    8,000,000    12,089       

GRF 235-531 Student Choice Grants $   41,305,526 $   43,370,802    12,093       

GRF 235-535 Agricultural Research                                  12,095       

            and Development                                                     

            Center                $   33,623,910 $   34,430,884    12,097       

GRF 235-536 Ohio State University                                  12,099       

            Clinical Teaching     $   15,621,369 $   15,996,281    12,101       

GRF 235-537 University of                                          12,103       

            Cincinnati Clinical                                                 

                                                          252    


                                                                 
            Teaching              $   12,848,363 $   13,156,724    12,105       

GRF 235-538 Medical College of                                     12,107       

            Ohio at Toledo                                                      

            Clinical Teaching     $   10,014,602 $   10,254,953    12,109       

GRF 235-539 Wright State                                           12,111       

            University Clinical                                                 

            Teaching              $    4,865,290 $    4,982,057    12,113       

GRF 235-540 Ohio University                                        12,115       

            Clinical Teaching     $    4,703,423 $    4,816,305    12,117       

GRF 235-541 Northeastern Ohio                                      12,119       

            Universities College                                                

            of Medicine Clinical                                   12,120       

            Teaching              $    4,837,466 $    4,953,565    12,122       

GRF 235-547 School of                                              12,124       

            International                                                       

            Business              $    1,243,637 $    1,243,637    12,126       

GRF 235-549 Part-time Student                                      12,128       

            Instructional Grants  $   12,308,500 $   12,677,750    12,130       

GRF 235-552 Capital Component     $    9,863,295 $    9,863,295    12,134       

GRF 235-553 Dayton Area Graduate                                   12,136       

            Studies Institute     $    3,765,832 $    3,856,212    12,138       

GRF 235-554 Priorities in                                          12,140       

            Graduate Education    $    3,464,704 $    3,553,437    12,142       

GRF 235-555 Library Depositories  $    2,400,000 $    2,000,000    12,146       

GRF 235-556 Ohio Academic                                          12,148       

            Resource Network      $    3,227,819 $    3,512,182    12,150       

GRF 235-558 Long-term Care                                         12,152       

            Research              $      318,371 $      318,371    12,154       

GRF 235-561 BGSU Canadian Studies                                  12,156       

            Center                $      167,642 $      167,642    12,158       

GRF 235-572 Ohio State University                                  12,160       

            Clinic Support        $    1,361,878 $    1,394,563    12,162       

GRF 235-583 Urban University                                       12,164       

            Programs              $    5,098,911 $    5,221,285    12,166       

                                                          253    


                                                                 
GRF 235-585 Ohio University                                        12,168       

            Innovation Center     $       49,745 $       49,745    12,170       

GRF 235-587 Rural University                                       12,172       

            Projects              $    1,273,070 $    1,303,624    12,174       

GRF 235-588 Ohio Resource Center                                   12,176       

            for Mathematics,                                                    

            Science, and Reading  $      500,000 $    1,000,000    12,178       

GRF 235-595 International Center                                   12,180       

            for Water Resources                                                 

            Development           $      189,381 $      189,381    12,182       

GRF 235-596 Hazardous Materials                                    12,184       

            Program               $      244,996 $      244,996    12,186       

TOTAL GRF General Revenue Fund    $2,407,274,582 $2,509,157,581    12,189       

General Services Fund Group                                        12,192       

456 235-603 Publications          $       35,000 $       35,000    12,197       

TOTAL GSF General Services                                         12,198       

   Fund Group                     $       35,000 $       35,000    12,201       

Federal Special Revenue Fund Group                                 12,204       

3H2 235-608 Human Services                                         12,207       

            Project               $      974,506 $      761,000    12,209       

3N6 235-605 State Student                                          12,211       

            Incentive Grants      $    2,000,000 $    2,000,000    12,213       

3T0 235-610 NHSC Ohio Loan                                         12,215       

            Repayment             $      100,000 $      100,000    12,217       

312 235-609 Tech Prep             $      192,224 $      211,450    12,221       

312 235-631 Federal Grants        $    2,645,077 $    2,645,077    12,225       

TOTAL FED Federal Special Revenue                                  12,226       

   Fund Group                     $    5,911,807 $    5,717,527    12,229       

State Special Revenue Fund Group                                   12,232       

4E8 235-602 HEFC Administration   $       12,000 $       12,000    12,237       

4P4 235-604 Physician Loan                                         12,239       

            Repayment             $      396,255 $      396,255    12,241       

649 235-607 Ohio State University                                  12,243       

            Highway/Transportation                                 12,243       

                                                          254    


                                                                 
            Research              $      500,000 $      500,000    12,246       

682 235-606 Nursing Loan Program  $      603,406 $      618,241    12,250       

TOTAL SSR State Special Revenue                                    12,251       

   Fund Group                     $    1,511,661 $    1,526,496    12,254       

TOTAL ALL BUDGET FUND GROUPS      $2,414,733,050 $2,516,436,604    12,257       

      Section 7.01.  Instructional Subsidy Formula                 12,260       

      As soon as practicable during each fiscal year of the        12,262       

1999-2001 biennium in accordance with instructions of the Ohio     12,263       

Board of Regents, each state-assisted institution of higher        12,264       

education shall report its actual enrollment to the Ohio Board of  12,265       

Regents.                                                           12,266       

      The Ohio Board of Regents shall establish procedures         12,268       

required by the system of formulas set out below and for the       12,269       

assignment of individual institutions to categories described in   12,270       

the formulas.   The system of formulas establishes the manner in   12,271       

which aggregate expenditure requirements shall be determined for   12,272       

each of the three components of institutional operations.  In      12,273       

addition to other adjustments and calculations described below,    12,274       

the subsidy entitlement of an institution shall be determined by   12,275       

subtracting from the institution's aggregate expenditure           12,276       

requirements income to be derived from the local contributions     12,277       

assumed in calculating the subsidy entitlements.  The local        12,278       

contributions for purposes of determining subsidy support shall    12,279       

not limit the authority of the individual boards of trustees to    12,280       

establish fee levels.                                              12,281       

      The General Studies and Technical models shall be adjusted   12,283       

by the Board of Regents so that the share of state subsidy earned  12,284       

by those models is not altered by changes in the overall local     12,285       

share.   A lower-division fee differential shall be used to        12,286       

maintain the relationship that would have occurred between these   12,287       

models and the Baccalaureate models had an assumed share of 37     12,288       

per cent been funded.                                              12,289       

      In defining the number of full-time equivalent students for  12,291       

state subsidy purposes, the Ohio Board of Regents shall exclude    12,292       

                                                          255    


                                                                 
all undergraduate students who are not residents of Ohio, except   12,293       

those charged in-state fees in accordance with reciprocity         12,294       

agreements made pursuant to section 3333.17 of the Revised Code.   12,295       

      (A)  Aggregate Expenditure Per Full-Time Equivalent Student  12,297       

      (1)  Instruction and Support Services                        12,299       

Model                                     FY 2000       FY 2001    12,302       

General Studies I                        $  3,680      $  3,762    12,304       

General Studies II                       $  4,060      $  4,305    12,306       

General Studies III                      $  5,141      $  5,259    12,308       

Technical I                              $  4,702      $  5,012    12,310       

Technical III                            $  8,088      $  8,477    12,312       

Baccalaureate I                          $  6,301      $  6,611    12,314       

Baccalaureate II                         $  7,287      $  7,582    12,316       

Baccalaureate III                        $ 10,417      $ 10,574    12,318       

Masters and Professional I               $ 11,788      $ 12,300    12,320       

Masters and Professional II              $ 17,020      $ 17,558    12,322       

Masters and Professional III             $ 22,976      $ 23,214    12,324       

Doctoral I                               $ 19,495      $ 19,647    12,326       

Doctoral II                              $ 25,066      $ 25,840    12,328       

Medical I                                $ 27,250      $ 27,709    12,330       

Medical II                               $ 38,309      $ 39,323    12,332       

      (2)  Student Services                                        12,335       

      For this purpose full-time equivalent counts shall be        12,337       

weighted to reflect differences among institutions in the numbers  12,338       

of students enrolled on a part-time basis.                         12,339       

                                          FY 2000   FY 2001        12,341       

All Expenditure Models                      $ 556     $ 594        12,342       

      (B)  Plant Operation and Maintenance (POM)                   12,344       

      (1)  Determination of the Square-Foot Based POM Subsidy      12,346       

      Space undergoing renovation shall be funded at the rate      12,348       

allowed for storage space.                                         12,349       

      In the calculation of square footage for each campus,        12,351       

square footage shall be weighted to reflect differences in space   12,352       

utilization.                                                                    

                                                          256    


                                                                 
      The space inventories for each campus shall be those         12,354       

determined in the fiscal year 1997 instructional subsidy,          12,355       

adjusted for changes attributable to the construction or           12,356       

renovation of facilities for which state appropriations were made  12,357       

or local commitments were made prior to January 1, 1995.                        

      Only fifty per cent of the space permanently taken out of    12,359       

operation in fiscal year 2000 or fiscal year 2001 that is not      12,360       

otherwise replaced by a campus shall be deleted from the fiscal    12,361       

year 1997 inventory.                                                            

      The square-foot based plant operation and maintenance        12,363       

subsidy for each campus shall be determined as follows:            12,364       

      (a)  For each standard room type category shown below, the   12,366       

subsidy-eligible net assignable square feet (NASF) for each        12,367       

campus shall be multiplied by the following rates, and the         12,368       

amounts summed for each campus to determine the total gross        12,369       

square-foot based POM expenditure requirement:                                  

                                          FY 2000   FY 2001        12,371       

Classrooms                                  $5.18     $5.33        12,372       

Laboratories                                $6.45     $6.64        12,373       

Offices                                     $5.18     $5.33        12,374       

Audio Visual Data Processing                $6.45     $6.64        12,375       

Storage                                     $2.30     $2.36        12,376       

Circulation                                 $6.53     $6.72        12,377       

Other                                       $5.18     $5.33        12,378       

      (b)  The total gross square-foot POM expenditure             12,381       

requirement shall be allocated to models in proportion to          12,382       

full-time equivalent (FTE) enrollments as reported in enrollment   12,383       

data for all models except Doctoral I and Doctoral II.                          

      (c)  The amounts allocated to models in division (B)(1)(b)   12,385       

above shall be multiplied by the ratio of subsidy-eligible FTE     12,387       

students to total FTE students reported in each model, and the     12,388       

amounts summed for all models.  To this total amount shall be      12,389       

added an amount to support roads and grounds expenditures to                    

produce the total square-foot based POM subsidy.                   12,390       

                                                          257    


                                                                 
      (2)  Determination of the Activity-Based POM Subsidy         12,392       

      (a)  The number of subsidy-eligible FTE students in each     12,394       

model shall be multiplied by the following rates for each campus   12,395       

for each fiscal year.                                                           

                                          FY 2000   FY 2001        12,398       

General Studies I                          $  498    $  488        12,400       

General Studies II                         $  563    $  584        12,402       

General Studies III                        $1,237    $1,217        12,404       

Technical I                                $  555    $  553        12,406       

Technical II                               $1,128    $1,175        12,408       

Baccalaureate I                            $  641    $  655        12,410       

Baccalaureate II                           $1,067    $1,109        12,412       

Baccalaureate III                          $1,578    $1,598        12,414       

Masters & Professional I                   $  995    $1,022        12,416       

Masters & Professional II                  $1,742    $1,895        12,418       

Masters & Professional III                 $2,620    $2,614        12,420       

Doctoral I                                 $1,433    $1,382        12,422       

Doctoral II                                $2,502    $2,613        12,424       

Medical I                                  $2,389    $2,485        12,426       

Medical II                                 $3,458    $3,362        12,428       

      (b)  The sum of the products for each campus determined in   12,431       

division (B)(2)(a) for each fiscal year shall be weighted by a     12,433       

factor to reflect sponsored research activity and job-training     12,434       

related public services expenditures to determine the total        12,435       

activity-based POM subsidy.                                                     

      (C)  Calculation of Core Subsidy Entitlements and            12,437       

Adjustments                                                                     

      (1)  Calculation of Core Subsidy Entitlements                12,439       

      The calculation of the core subsidy entitlement shall        12,441       

consist of the following components:                               12,442       

      (a)  For each campus and for each fiscal year, the core      12,444       

subsidy entitlement shall be determined by multiplying the         12,445       

amounts listed above in divisions (A)(1) and (2) and (B)(2) less   12,447       

assumed local contributions, by (i) average subsidy-eligible       12,448       

                                                          258    


                                                                 
full-time equivalents for the two-year period ending in the prior  12,449       

year; and (ii) average subsidy-eligible full-time equivalents for  12,450       

the five-year period ending in the prior year for all models       12,451       

except Doctoral I and Doctoral II.                                              

      (b)  In calculating the core subsidy entitlements for        12,453       

Medical II models only, the board shall use the following count    12,454       

of full-time equivalent students in place of the two-year average  12,455       

and five-year average of subsidy-eligible students.                12,457       

      (i)  For those medical schools whose current year            12,459       

enrollment is below the base enrollment, the Medical II full-time  12,460       

equivalent enrollment shall equal:  65 per cent of the base        12,461       

enrollment plus 35 per cent of the current year enrollment, where  12,462       

the base enrollment is:                                            12,463       

      Ohio State University                       1010             12,465       

      University of Cincinnati                     833             12,466       

      Medical College of Ohio at                                   12,467       

         Toledo                                    650                          

      Wright State University                      433             12,468       

      Ohio University                              433             12,469       

      Northeastern Ohio Universities                               12,470       

         College of Medicine                       433                          

      (ii)  For those medical schools whose current year           12,473       

enrollment is equal to or greater than the base enrollment, the    12,474       

Medical II full-time equivalent enrollment shall equal the         12,475       

current enrollment.                                                12,476       

      (c)  For all FTE-based subsidy calculations involving        12,478       

all-terms FTE data, FTE-based allowances shall be converted from   12,479       

annualized to annual rates to ensure equity and consistency of     12,480       

subsidy determination.                                                          

      (d)  The Board of Regents shall compute the sum of the two   12,483       

calculations listed in division (C)(1)(a) above and use the                     

greater sum as the core subsidy entitlement.                       12,484       

      The POM subsidy for each campus shall equal the greater of   12,486       

the square-foot-based subsidy or the activity-based POM subsidy    12,487       

                                                          259    


                                                                 
component of the core subsidy entitlement, except that the total   12,488       

activity-based POM subsidy shall not exceed 161% of the            12,489       

square-foot based POM subsidy in fiscal year 2000 and shall not    12,490       

exceed 177% of the square-foot-based subsidy in fiscal year 2001.  12,491       

      (e)  In fiscal year 2000, no more than 10.94% of the total   12,493       

instructional subsidy shall be reserved to implement the           12,494       

recommendations of the Graduate Funding Commission.  In fiscal     12,495       

year 2001, no more than 10.75% of the total instructional subsidy  12,496       

shall be reserved for this same purpose.  It is the intent of the  12,497       

General Assembly that the doctoral reserve be reduced 0.25                      

percentage points each year thereafter until no more than 10.0%    12,498       

of the total instructional subsidy is reserved to implement the    12,499       

recommendations of the Graduate Funding Commission.  In fiscal     12,500       

year 2001, the Board of Regents shall reallocate 2% of the         12,501       

reserve among the state-assisted universities on the basis of a    12,502       

quality review as specified in the recommendations of the          12,503       

Graduate Funding Commission.                                                    

      The amount so reserved shall be allocated to universities    12,505       

in proportion to their share of the total number of Doctoral I     12,506       

equivalent FTEs as calculated on an institutional basis using      12,507       

fiscal year 1998 annualized FTEs as adjusted to reflect the        12,508       

effects of doctoral review.  For the purposes of this                           

calculation, a doctoral equivalent FTE shall equal one Doctoral I  12,509       

FTE, or 1.5 Doctoral II FTEs.                                      12,510       

      (2)  Annual Hold Harmless Provision                          12,512       

      In addition to and after the other adjustments noted above,  12,514       

in fiscal year 2000 each campus shall have its subsidy adjusted    12,515       

to the extent necessary to provide an amount that is not less      12,516       

than 100% of the instructional subsidy received by the campus in   12,517       

fiscal year 1999.  In fiscal year 2001 each campus shall have its  12,519       

subsidy adjusted to the extent necessary to provide an amount                   

that is not less than 100% of the instructional subsidy received   12,520       

by the campus in fiscal year 2000.                                 12,521       

      (3)  Capital Component Deduction                             12,523       

                                                          260    


                                                                 
      After all other adjustments have been made, instructional    12,525       

subsidy earnings shall be reduced for each campus by the amount,   12,526       

if any, by which debt service charged in Am. H.B. 748 of the       12,527       

121st General Assembly and Am. Sub. H.B. 850 of the 122nd General  12,528       

Assembly for that campus exceeds that campus' capital component    12,529       

earnings.                                                                       

      (D)  Reductions in Earnings                                  12,531       

      If total systemwide instructional subsidy earnings in any    12,533       

fiscal year exceed total appropriations available for such         12,534       

purposes, the Board of Regents shall proportionately reduce the    12,535       

instructional subsidy earnings for all campuses by a uniform       12,536       

percentage so that the systemwide sum equals available             12,537       

appropriations.                                                                 

      (E)  Exceptional Circumstances                               12,539       

      Adjustments may be made to instructional subsidy payments    12,541       

and other subsidies distributed by the Ohio Board of Regents to    12,542       

state-assisted colleges and universities for exceptional           12,543       

circumstances.  No adjustments for exceptional circumstances may   12,544       

be made without the recommendation of the chancellor and the       12,545       

approval of the Controlling Board.                                 12,546       

      Distribution of Instructional Subsidy                        12,548       

      The instructional subsidy payments to the institutions       12,550       

shall be in substantially equal monthly amounts during the fiscal  12,551       

year, unless otherwise determined by the Director of Budget and    12,552       

Management pursuant to the provisions of section 126.09 of the     12,553       

Revised Code.  Payments during the first six months of the fiscal  12,554       

year shall be based upon the instructional subsidy appropriation   12,555       

estimates made for the various institutions of higher education    12,556       

according to the Ohio Board of Regents enrollment estimates.       12,557       

Payments during the last six months of the fiscal year shall be    12,558       

distributed after approval of the Controlling Board upon the       12,559       

request of the Ohio Board of Regents.                              12,560       

      Law School Subsidy                                           12,562       

      The instructional subsidy to state supported universities    12,564       

                                                          261    


                                                                 
for students enrolled in law schools in fiscal year 2000 and       12,565       

fiscal year 2001 shall be calculated by using the number of        12,566       

subsidy eligible full-time equivalent law school students funded   12,567       

by state subsidy in fiscal year 1995 or the actual number of       12,568       

subsidy eligible full-time equivalent law school students at the                

institution in the fiscal year, whichever is less.                 12,569       

      Section 7.02.  Mission-Based Core Funding for Higher         12,571       

Education                                                                       

      JOBS Challenge                                               12,573       

      Funds appropriated to appropriation item 235-415, JOBS       12,575       

Challenge, shall be distributed to state-assisted community and    12,576       

technical colleges and regional campuses of state-assisted         12,577       

universities in support of noncredit job-related training.  In     12,578       

each fiscal year, funds shall be distributed to campuses in        12,579       

proportion to each campus' share of noncredit job-related          12,580       

training revenues received by all campuses for the previous        12,581       

fiscal year.  It is the intent of the General Assembly that the    12,582       

JOBS Challenge program reward campus noncredit job-related         12,583       

training efforts in the same manner that the Research Challenge    12,584       

Program rewards campuses for their ability to obtain sponsored     12,585       

research revenues.                                                 12,586       

      Access Challenge                                             12,588       

      In each fiscal year, the foregoing appropriation item        12,590       

235-418, Access Challenge, shall be distributed to Ohio's          12,591       

state-assisted access colleges and universities in proportion to   12,592       

each campus' share of full-time equivalent enrollments at the      12,593       

General Studies level as determined in the subsidy calculation     12,594       

process in the previous fiscal year.  For the purposes of this                  

allocation, "access campuses" includes state-assisted community    12,595       

colleges, state community colleges, technical colleges, Shawnee    12,596       

State University, Central State University, Cleveland State        12,597       

University, the regional campuses of state-assisted universities,  12,598       

and, where they are organizationally distinct and identifiable,    12,600       

the community-technical colleges located at the University of                   

                                                          262    


                                                                 
Toledo, the University of Cincinnati, Youngstown State             12,601       

University, and the University of Akron.                           12,602       

      For the purposes of this calculation, Cleveland State        12,604       

University's share of full-time equivalent subsidy-eligible        12,605       

General Studies students shall equal its total full-time           12,606       

equivalent subsidy-eligible General Studies students multiplied    12,607       

by the ratio of the sum of full-time equivalent subsidy-eligible                

General Studies students enrolled in the community-technical       12,608       

colleges at the University of Toledo, the University of            12,609       

Cincinnati, Youngstown State University, and the University of     12,610       

Akron divided by the sum of full-time equivalent subsidy-eligible  12,611       

General Studies students enrolled at those same four               12,612       

universities.  However, Cleveland State University shall not                    

receive less in each year of the 1999-2001 biennium than the       12,613       

amount received in fiscal year 1999.                               12,614       

      For each campus receiving these funds, 50 per cent of all    12,616       

new subsidies received by each campus in each fiscal year shall    12,618       

be used to restrain growth of in-state undergraduate tuition and   12,619       

fees.  For the purposes of this distribution, "new subsidies"      12,620       

means all amounts received by a campus in any fiscal year from                  

this item in excess of amounts received by the campus from this    12,621       

item in the previous fiscal year.                                  12,622       

      Success Challenge                                            12,624       

      The foregoing appropriation item 235-420, Success            12,626       

Challenge, shall be used by the Ohio Board of Regents to promote   12,627       

degree completion by students enrolled at a main campus of a       12,628       

state-assisted university.                                         12,629       

      In each fiscal year, two-thirds of the appropriations shall  12,631       

be distributed to state-assisted university main campuses in       12,632       

proportion to each campus' share of the total statewide            12,633       

bachelor's degrees granted by university main campuses to                       

"at-risk" students.  In fiscal year 2000 and fiscal year 2001, an  12,634       

"at-risk" student shall be defined to mean any undergraduate       12,635       

student who had received an Ohio Instructional Grant during the    12,636       

                                                          263    


                                                                 
past ten years.  An eligible institution shall not receive its     12,637       

share of this distribution until it has submitted and gained       12,638       

Board of Regents approval of a plan that addresses how the                      

subsidy will be used to better serve at-risk students and          12,639       

increase their likelihood of successful completion of a            12,640       

bachelor's degree program.                                                      

      In each fiscal year, one-third of the appropriations shall   12,642       

be distributed to university main campuses in proportion to each   12,643       

campus' share of the total bachelor's degrees granted by           12,644       

university main campuses to undergraduate students who completed   12,645       

their bachelor's degrees in a "timely manner" in the previous      12,646       

fiscal year.  For the purposes of this section, "timely manner"                 

shall mean the normal time it would take for a full-time           12,647       

degree-seeking undergraduate student to complete the student's     12,649       

degree.  Generally, for such students pursuing a bachelor's        12,650       

degree, "timely manner" shall mean four years.  Exceptions to      12,651       

this general rule shall be permitted for students enrolled in      12,652       

programs specifically designed to be completed in a longer time                 

period.  The Board of Regents shall collect base-line data         12,653       

beginning with the 1998-99 academic year to assess the timely      12,654       

completion statistics by university main campuses.                 12,655       

      Higher Education Efficiency Challenge                        12,657       

      Of the foregoing appropriation item 235-421, Higher          12,659       

Education Efficiency Challenge, grants totaling $2,000,000 shall   12,660       

be awarded in fiscal year 2001 to the state-assisted, two-year,    12,661       

and four-year universities or colleges that submit the best plans  12,662       

to increase operational efficiency.  The plans shall be presented  12,663       

to the Ohio Board of Regents by December 31, 2000.  The Board of   12,665       

Regents shall make awards of various amounts based on the board's               

assessment of the likelihood that the proposal will achieve real   12,666       

and long-term efficiencies in administrative or instructional      12,667       

operations.  Preference shall be given to collaborative            12,668       

proposals.                                                                      

      Research Challenge                                           12,670       

                                                          264    


                                                                 
      The foregoing appropriation item 235-454, Research           12,672       

Challenge, shall be used to enhance the basic research             12,673       

capabilities of public colleges and universities and accredited    12,674       

Ohio institutions of higher education holding certificates of      12,675       

authorization issued pursuant to section 1713.02 of the Revised    12,676       

Code, in order to strengthen the academic research for pursuing    12,677       

Ohio's economic redevelopment goals.  The Ohio Board of Regents,   12,678       

in consultation with the colleges and universities, shall          12,679       

administer the Research Challenge Program and utilize a means of   12,680       

matching, on a fractional basis, external funds attracted in the   12,681       

previous year by institutions for basic research.  The program     12,682       

may include incentives for increasing the amount of external       12,683       

research funds coming to such eligible institutions and for        12,684       

focusing research efforts upon critical state needs.  Colleges     12,685       

and universities shall submit for review and approval to the Ohio  12,686       

Board of Regents plans for the institutional allocation of state   12,687       

dollars received through this program.  Such institutional plans   12,688       

shall provide the rationale for the allocation in terms of the     12,689       

strategic targeting of funds for academic and state purposes, for  12,690       

strengthening research programs, and for increasing the amount of  12,691       

external research funds, and shall include an evaluation process   12,692       

to provide results of the increased support.  It is the intent of  12,693       

the General Assembly that increases in funding for appropriation   12,694       

item 235-454, Research Challenge, in the 1999-2001 biennium, over  12,695       

the 1993-1995 biennium levels, be used by campuses as              12,696       

unrestricted funding for research, in the same way that            12,697       

Instructional Subsidy allocations are used.                        12,698       

      The Ohio Board of Regents shall submit a biennial report of  12,700       

progress to the General Assembly.                                  12,701       

      Priorities in Graduate Education                             12,703       

      The foregoing appropriation item 235-554, Priorities in      12,705       

Graduate Education, shall be used by the Ohio Board of Regents to  12,706       

support improvements in graduate programs in computer science at   12,707       

state-assisted universities.  In each fiscal year, up to $200,000  12,708       

                                                          265    


                                                                 
may be used to support collaborative efforts in graduate                        

education in this program area.  In fiscal year 2001, $1,000,000   12,709       

shall be used by the Board of Regents to support improvements in   12,710       

graduate programs in the life sciences at state-assisted           12,711       

universities.                                                                   

      Section 7.03.  Higher Education--Board of Trustees           12,713       

      Funds appropriated for instructional subsidies at colleges   12,715       

and universities may be used to provide such branch or other       12,716       

off-campus undergraduate courses of study and such master's        12,717       

degree courses of study as may be approved by the Ohio Board of    12,718       

Regents.                                                           12,719       

      In providing instructional and other services to students,   12,721       

boards of trustees of state-assisted institutions of higher        12,722       

education shall supplement state subsidies by income from charges  12,723       

to students.  Each board shall establish the fees to be charged    12,724       

to all students, including an instructional fee for educational    12,725       

and associated operational support of the institution and a                     

general fee for noninstructional services, including locally       12,726       

financed student services facilities used for the benefit of       12,727       

enrolled students.  The instructional fee and the general fee      12,728       

shall encompass all charges for services assessed uniformly to     12,729       

all enrolled students.  Each board may also establish special      12,730       

purpose fees, service charges, and fines as required; such                      

special purpose fees and service charges shall be for services or  12,731       

benefits furnished individual students or specific categories of   12,732       

students and shall not be applied uniformly to all enrolled        12,733       

students.  A tuition surcharge shall be paid by all students who   12,734       

are not residents of Ohio.                                                      

      Boards of trustees of individual state-assisted              12,736       

universities shall limit combined university main campus in-state  12,737       

undergraduate instructional and general fee increases for an       12,739       

academic year over the amounts charged in the prior academic year  12,740       

to no more than six per cent.  The boards of trustees of           12,741       

individual state-assisted universities shall not authorize         12,742       

                                                          266    


                                                                 
university main campus instructional and general fee increases of               

more than four per cent in a single vote.  Boards of trustees of   12,744       

individual state-assisted university branch campuses, community    12,745       

colleges, and technical colleges shall limit combined in-state     12,746       

undergraduate instructional and general fee increases for an       12,747       

academic year over the amounts charged in the prior academic year  12,748       

to no more than three per cent.  These fee increase limitations                 

apply even if an institutional board of trustees has, prior to     12,749       

the effective date of this section, voted to assess a higher fee   12,750       

for the 1999-2000 academic year.  These limitations shall not      12,751       

apply to increases required to comply with institutional           12,752       

covenants related to their obligations or to meet unfunded legal   12,753       

mandates or legally binding obligations incurred or commitments    12,754       

made prior to the effective date of this act with respect to       12,755       

which the institution had identified such fee increases as the     12,756       

source of funds.  Any increase required by such covenants and any  12,757       

such mandates, obligations, or commitments shall be reported by    12,758       

the Board of Regents to the Controlling Board.   These             12,759       

limitations may also be modified by the Ohio Board of Regents,     12,760       

with the approval of the Controlling Board, to respond to          12,761       

exceptional circumstances as identified by the Ohio Board of                    

Regents.                                                           12,762       

      The board of trustees of a state-assisted institution of     12,764       

higher education shall not authorize a waiver or nonpayment of     12,765       

instructional fees nor general fees for any particular student or  12,766       

any class of students other than waivers specifically authorized   12,767       

by law or approved by the chancellor.  This prohibition is not     12,768       

intended to limit the authority of boards of trustees to provide   12,769       

for payments to students for services rendered the institution,    12,770       

nor to prohibit the budgeting of income for staff benefits or for  12,771       

student assistance in the form of payment of such instructional    12,772       

and general fees.                                                  12,773       

      Each state-assisted institution of higher education in its   12,775       

statement of charges to students shall separately identify the     12,776       

                                                          267    


                                                                 
instructional fee, the general fee, the tuition charge, and the    12,777       

tuition surcharge.  Fee charges to students for instruction shall  12,778       

not be considered to be a price of service but shall be            12,779       

considered to be an integral part of the state government          12,780       

financing program in support of higher educational opportunity     12,781       

for students.                                                      12,782       

      In providing the appropriations in support of instructional  12,784       

services at state-assisted institutions of higher education and    12,785       

the appropriations for other instruction it is the intent of the   12,786       

General Assembly that faculty members shall devote a proper and    12,787       

judicious part of their work week to the actual instruction of     12,788       

students.  Total class credit hours of production per quarter per  12,789       

full-time faculty member is expected to meet the standards set     12,790       

forth in the budget data submitted by the Ohio Board of Regents.   12,791       

      No state-assisted college or university shall contract       12,793       

additional debt to finance additional student housing or permit    12,794       

the construction of additional student housing on land owned or    12,795       

leased by such institution without the approval of the Board of    12,796       

Regents.  In granting or denying approval, the board shall         12,797       

consider demographic projections and established service           12,798       

districts, as well as the current strength of enrollment patterns  12,799       

throughout the state and in the public and private institutions    12,800       

that have historically drawn students from the same markets as     12,801       

the institution requesting additional housing.  The board shall    12,802       

also consider statewide dormitory occupancy patterns and any debt  12,803       

burden that would be incurred by the institution.   The board      12,804       

shall monitor demographic trends and shall recommend that the      12,805       

General Assembly modify this section when there is no longer a     12,806       

significant risk of future enrollment decline.                     12,807       

      The board shall have no authority to prohibit the            12,809       

construction of privately financed housing constructed on land     12,810       

that is not owned or leased by the institution, even if the        12,811       

institution has entered or intends to enter into some type of      12,812       

contractual agreement with the developers or owners of such        12,813       

                                                          268    


                                                                 
housing.                                                           12,814       

      The authority of government vested by law in the boards of   12,816       

trustees of state-assisted institutions of higher education shall  12,817       

in fact be exercised by those boards.  Boards of trustees may      12,818       

consult extensively with appropriate student and faculty groups.   12,820       

Administrative decisions about the utilization of available        12,821       

resources, about organizational structure, about disciplinary      12,822       

procedure, about the operation and staffing of all auxiliary       12,823       

facilities, and about administrative personnel shall be the        12,824       

exclusive prerogative of boards of trustees.  Any delegation of    12,825       

authority by a board of trustees in other areas of responsibility  12,826       

shall be accompanied by appropriate standards of guidance          12,827       

concerning expected objectives in the exercise of such delegated   12,828       

authority and shall be accompanied by periodic review of the       12,829       

exercise of this delegated authority to the end that the public    12,830       

interest, in contrast to any institutional or special interest,    12,831       

shall be served.                                                                

      Section 7.04.  Medical School Subsidies                      12,833       

      The foregoing appropriation item 235-515, CWRU School of     12,835       

Medicine, shall be disbursed to Case Western Reserve University    12,836       

through the Ohio Board of Regents in accordance with agreements    12,837       

entered into as provided for by section 3333.10 of the Revised     12,838       

Code, provided that the state support per full-time medical        12,839       

student shall not exceed that provided to full-time medical        12,840       

students at state universities.                                    12,841       

      The foregoing appropriation items 235-536, Ohio State        12,843       

University Clinical Teaching; 235-537, University of Cincinnati    12,845       

Clinical Teaching; 235-538, Medical College of Ohio at Toledo      12,846       

Clinical Teaching; 235-539, Wright State University Clinical       12,847       

Teaching; 235-540, Ohio University Clinical Teaching; and          12,848       

235-541, Northeastern Ohio Universities College of Medicine        12,849       

Clinical Teaching, shall be distributed through the Ohio Board of  12,850       

Regents.                                                                        

      The foregoing appropriation item 235-572, OSU Clinic         12,852       

                                                          269    


                                                                 
Support, shall be distributed through the Ohio Board of Regents    12,853       

to the Ohio State University for support of dental and veterinary  12,854       

medicine clinics.                                                  12,855       

      The Ohio Board of Regents shall develop plans consistent     12,857       

with existing criteria and guidelines as may be required for the   12,858       

distribution of appropriation items 235-519, Family Practice,      12,859       

235-525, Geriatric Medicine, and 235-526, Primary Care             12,860       

Residencies.                                                       12,861       

      Of the foregoing appropriation item 235-539, Wright State    12,863       

University Clinical Teaching, $160,000 in each fiscal year shall   12,865       

be for the use of Wright State University's Ellis Institute for    12,866       

Clinical Teaching Studies to operate the clinical facility to      12,867       

serve the Greater Dayton area.                                     12,868       

      Performance Standards for Medical Education                  12,870       

      The Ohio Board of Regents, in consultation with the          12,872       

state-assisted medical colleges, shall develop performance         12,874       

standards for medical education.  Special emphasis in the          12,876       

standards shall be placed on attempting to ensure that at least    12,877       

50 per cent of the aggregate number of students enrolled in        12,878       

state-assisted medical colleges continue to enter residency as     12,879       

primary care physicians.  Primary care physicians are defined as   12,881       

general family practice physicians, general internal medicine      12,884       

practitioners, and general pediatric care physicians.  The Board   12,887       

of Regents shall be responsible for monitoring medical school      12,888       

performance in relation to their plans for reaching the 50 per     12,889       

cent systemwide standard for primary care physicians.              12,890       

      The foregoing appropriation item 235-526, Primary Care       12,892       

Residencies, shall be distributed in each fiscal year of the       12,893       

biennium based on whether the institution has submitted and        12,895       

gained approval for a plan.  If the institution does not have an                

approved plan then it shall receive five per cent less funding     12,896       

per student than it would have received from its annual            12,897       

allocation.  The remaining funding shall be distributed among      12,898       

those institutions that meet or exceed their targets.              12,899       

                                                          270    


                                                                 
      Area Health Education Centers                                12,901       

      The foregoing appropriation item 235-474, AHEC Program       12,903       

Support, shall be used by the Ohio Board of Regents to support     12,904       

the medical school regional AHECs' educational programs for the    12,905       

continued support of medical and other health professions          12,906       

education and for support of the Area Health Education Center      12,907       

program.                                                           12,908       

      Of the foregoing appropriation item 235-474, AHEC Program    12,910       

Support, $200,000 in each fiscal year shall be disbursed to the    12,911       

Ohio University College of Osteopathic Medicine for the            12,912       

establishment of a mobile health care unit to serve the            12,913       

southeastern area of the state.  Of the foregoing appropriation    12,914       

item 235-474, AHEC Program Support, $150,000 in each fiscal year   12,915       

shall be used to support the Ohio Valley Community Health          12,916       

Information Network (OVCHIN) pilot project.                        12,917       

      Section 7.05.  Midwest Higher Education Compact              12,919       

      The foregoing appropriation item 235-408, Midwest Higher     12,921       

Education Compact, shall be distributed by the Ohio Board of       12,922       

Regents pursuant to section 3333.40 of the Revised Code.           12,923       

      College Readiness Initiatives                                12,925       

      Appropriation item 235-404, College Readiness Initiatives,   12,927       

shall be used by the Board of Regents in support of programs       12,929       

designed to improve the ability of high school students to enroll  12,931       

and succeed in higher education.  These programs shall include,    12,932       

but not be limited to, the following:  the continued                            

administration of the Early English Composition Assessment         12,933       

portion of the postsecondary readiness testing program, the        12,934       

implementation of the State Higher Education Remediation Advisory  12,935       

Commission report, and the creation of a statewide outreach        12,936       

effort to promote the availability, need, and affordability of a   12,937       

college education.                                                              

      Mathematics and Science Teaching Improvement                 12,939       

      Appropriation item 235-403, Math/Science Teaching            12,941       

Improvement, shall be used by the Board of Regents in support of   12,943       

                                                          271    


                                                                 
programs designed to raise the quality of mathematics and science  12,944       

teaching in primary and secondary education.  Of these amounts,    12,945       

$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  12,946       

in fiscal year 2001 shall be reserved for Project Discovery.       12,947       

      Technology                                                   12,949       

      Appropriation item 235-417, Technology, shall be used by     12,951       

the Board of Regents to support the continued implementation of    12,952       

the Ohio Learning Network, a statewide electronic collaborative    12,953       

effort designed to promote degree completion of students,          12,954       

workforce training of employees, and professional development      12,955       

through the use of advanced telecommunications and distance                     

education initiatives.                                             12,956       

      Displaced Homemakers                                         12,958       

      Of the foregoing appropriation item 235-509, Displaced       12,960       

Homemakers, the Ohio Board of Regents shall continue funding       12,961       

pilot projects authorized in Am. Sub. H.B. 291 of the 115th        12,962       

General Assembly for the following centers:  Cuyahoga Community    12,963       

College, University of Toledo, Southern State Community College,   12,964       

and Stark Technical College.  The amount of $30,000 in each        12,965       

fiscal year shall be used for the Baldwin-Wallace Single Parents   12,966       

Reaching Out for Unassisted Tomorrows program.                     12,967       

      Ohio Aerospace Institute                                     12,969       

      The foregoing appropriation item 235-527, Ohio Aerospace     12,971       

Institute, shall be distributed by the Ohio Board of Regents       12,972       

pursuant to section 3333.042 of the Revised Code.                  12,973       

      Productivity Improvement Challenge                           12,975       

      The foregoing appropriation item 235-455, Productivity       12,977       

Improvement Challenge, shall be allocated by the Ohio Board of     12,978       

Regents to continue increasing the capabilities of Business and    12,980       

Industry Training Centers at Ohio's two-year college and           12,981       

university regional campuses to meet the varied training needs of               

Ohio enterprises.  Funds shall be available for capacity building  12,982       

projects and activities developed through the Enterprise Ohio      12,983       

                                                          272    


                                                                 
Network of Business and Industry Training Centers.  The Regents    12,984       

Advisory Committee for Workforce Development, in its advisory      12,985       

role, shall assist in the development of plans and activities.     12,987       

      Of the foregoing appropriation item 235-455, Productivity    12,989       

Improvement Challenge, $208,000 in each fiscal year shall be used  12,991       

by the Miami Valley Career and Technology Center Grant Program.                 

      Access Improvement Projects                                  12,993       

      The foregoing appropriation item 235-477, Access             12,995       

Improvement Projects, shall be used by the Ohio Board of Regents   12,996       

to develop innovative statewide strategies to increase student     12,997       

access and retention for specialized populations, and to provide   12,998       

for pilot projects that will contribute to improving access to     12,999       

higher education by specialized populations.  The funds may be     13,000       

used for projects that improve access for nonpublic secondary      13,001       

students.                                                          13,002       

      Of the foregoing appropriation item 235-477, Access          13,004       

Improvement Projects, $740,000 in each fiscal year shall be        13,005       

distributed to the Appalachian Center for Higher Education at      13,006       

Shawnee State University.  The Board of Directors of the center    13,007       

shall be comprised of the presidents of Shawnee State University,  13,008       

Ohio University, Belmont Technical College, Hocking Technical      13,009       

College, Jefferson Technical College, Muskingum Area Technical     13,010       

College, Rio Grande Community College, Southern State Community    13,011       

College, Washington State Community College, the dean of either    13,012       

the Salem or East Liverpool regional campuses of Kent State        13,013       

University, as designated by the President of Kent State           13,014       

University, and a representative of the Board of Regents           13,015       

designated by the chancellor.                                      13,016       

      Ohio Supercomputer Center                                    13,018       

      The foregoing appropriation item 235-510, Ohio               13,020       

Supercomputer Center, shall be used by the Ohio Board of Regents   13,021       

to support the operation of the center, located at The Ohio State  13,022       

University, as a statewide resource available to Ohio research     13,024       

universities both public and private.  It is also intended that    13,025       

                                                          273    


                                                                 
the center be made accessible to private industry as appropriate.  13,026       

Policies of the center shall be established by a governance        13,027       

committee, representative of Ohio's research universities and      13,028       

private industry, to be appointed by the Chancellor of the Ohio    13,029       

Board of Regents and established for this purpose.                 13,030       

      Ohio Academic Resources Network (OARNet)                     13,032       

      The foregoing appropriation item 235-556, Ohio Academic      13,034       

Resource Network, shall be used to support the operations of the   13,036       

Ohio Academic Resources Network, which shall include support for   13,037       

Ohio's state-assisted colleges and universities in maintaining                  

and enhancing network connections.                                 13,038       

      Section 7.06.  Pledge of Fees*                               13,040       

      Any new pledge of fees, or new agreement for adjustment of   13,042       

fees, made in the 1999-2001 biennium to secure bonds or notes of   13,043       

a state-assisted institution of higher education for a project     13,044       

for which bonds or notes were not outstanding on the effective     13,045       

date of this section shall be effective only after approval by     13,046       

the Ohio Board of Regents, unless approved in a previous           13,047       

biennium.                                                                       

      Rental Payments to the Ohio Public Facilities Commission     13,050       

      The appropriations to the Ohio Board of Regents from the     13,052       

General Revenue Fund for the purposes of division (A) of section   13,053       

3333.13 of the Revised Code include the amounts necessary to meet  13,055       

all payments at the times required to be made during the period    13,056       

from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents  13,057       

to the Ohio Public Facilities Commission pursuant to leases and    13,058       

agreements made under section 154.21 of the Revised Code, as       13,059       

certified under division (C) of section 3333.13 of the Revised     13,060       

Code, but limited to the aggregate amount of $743,042,000                       

provided in appropriation item 235-401, Rental Payments to the     13,061       

Ohio Public Facilities Commission.  Nothing in this section shall  13,062       

be deemed to contravene the obligation of the state to pay,        13,063       

without necessity for further appropriation, from the source       13,064       

pledged thereto, the bond service charges on obligations issued    13,065       

                                                          274    


                                                                 
pursuant to section 154.21 of the Revised Code.                    13,066       

      Section 7.07.  Ohio Instructional Grants                     13,068       

      Notwithstanding section 3333.12 of the Revised Code, in      13,070       

lieu of the tables in that section, instructional grants for all   13,071       

full-time students shall be made for fiscal year 2000 using the    13,072       

tables under this heading.                                         13,073       

      The tables under this heading prescribe the maximum grant    13,075       

amounts covering two semesters, three quarters, or a comparable    13,076       

portion of one academic year.  The grant amount for a full-time    13,077       

student enrolled in an eligible institution for a semester or      13,078       

quarter in addition to the portion of the academic year covered    13,079       

by a grant determined under these tables shall be a percentage of  13,080       

the maximum prescribed in the applicable table.  The maximum       13,081       

grant for a fourth quarter shall be one-third of the maximum       13,082       

amount prescribed under the table.  The maximum grant for a third  13,083       

semester shall be one-half of the maximum amount prescribed under  13,084       

the table.                                                                      

      For a full-time student who is a dependent and enrolled in   13,087       

a nonprofit educational institution that is not a state-assisted   13,088       

institution and that has a certificate of authorization issued     13,089       

pursuant to Chapter 1713. of the Revised Code, the amount of the   13,090       

instructional grant for two semesters, three quarters, or a        13,091       

comparable portion of the academic year shall be determined in     13,093       

accordance with the following table:                                            

                    OHIO INSTRUCTIONAL GRANTS                      13,094       

               Private Institution Table of Grants                 13,095       

                                   Maximum Grant $4,644            13,097       

Gross Income                       Number of Dependents            13,098       

                       1        2        3        4       5 or     13,105       

                                                          more                  

Under $12,001        $4,644   $4,644   $4,644   $4,644   $4,644    13,113       

$12,001 - $13,000     4,182    4,644    4,644    4,644    4,644    13,119       

$13,001 - $14,000     3,708    4,182    4,644    4,644    4,644    13,125       

$14,001 - $15,000     3,246    3,708    4,182    4,644    4,644    13,131       

                                                          275    


                                                                 
$15,001 - $16,000     2,790    3,246    3,708    4,182    4,644    13,137       

$16,001 - $17,000     2,328    2,790    3,246    3,708    4,182    13,143       

$17,001 - $20,000     1,854    2,328    2,790    3,246    3,708    13,149       

$20,001 - $23,000     1,368    1,854    2,328    2,790    3,246    13,155       

$23,001 - $26,000     1,146    1,368    1,854    2,328    2,790    13,161       

$26,001 - $29,000       924    1,146    1,368    1,854    2,328    13,167       

$29,001 - $30,000       840      924    1,146    1,368    1,854    13,173       

$30,001 - $31,000       756      840      924    1,146    1,368    13,179       

$31,001 - $32,000       378      756      840      924    1,146    13,185       

$32,001 - $33,000       -0-      378      756      840      924    13,191       

$33,001 - $34,000       -0-      -0-      378      756      840    13,197       

$34,001 - $35,000       -0-      -0-      -0-      378      756    13,203       

$35,001 - $36,000       -0-      -0-      -0-      -0-      378    13,209       

Over $36,000            -0-      -0-      -0-      -0-      -0-    13,215       

      For a full-time student who is financially independent and   13,218       

enrolled in a nonprofit educational institution that is not a      13,219       

state-assisted institution and that has a certificate of           13,220       

authorization issued pursuant to Chapter 1713. of the Revised      13,221       

Code, the amount of the instructional grant for two semesters,     13,223       

three quarters, or a comparable portion of the academic year       13,224       

shall be determined in accordance with the following table:        13,225       

               Private Institution Table of Grants                 13,226       

                                   Maximum Grant $4,644            13,227       

Gross Income                       Number of Dependents            13,228       

                     0       1       2      3      4      5 or     13,235       

                                                          more                  

Under $3,901       $4,644  $4,644  $4,644 $4,644 $4,644   $4,644   13,244       

$3,901 - $4,500     4,182   4,644   4,644  4,644  4,644    4,644   13,251       

$4,501 - $5,000     3,708   4,182   4,644  4,644  4,644    4,644   13,258       

$5,001 - $5,500     3,246   3,708   4,182  4,644  4,644    4,644   13,265       

$5,501 - $6,000     2,790   3,246   3,708  4,182  4,644    4,644   13,272       

$6,001 - $6,500     2,328   2,790   3,246  3,708  4,182    4,644   13,279       

$6,501 - $7,500     1,854   2,328   2,790  3,246  3,708    4,182   13,286       

$7,501 - $8,500     1,368   1,854   2,328  2,790  3,246    3,708   13,293       

                                                          276    


                                                                 
$8,501 - $9,500     1,146   1,368   1,854  2,328  2,790    3,246   13,300       

$9,501 - $11,000      924   1,146   1,368  1,854  2,328    2,790   13,307       

$11,001 - $12,500     840     924   1,146  1,368  1,854    2,328   13,314       

$12,501 - $14,000     756     840     924  1,146  1,368    1,854   13,321       

$14,001 - $15,500     378     756     840    924  1,146    1,368   13,328       

$15,501 - $18,500     -0-     378     756    840    924    1,146   13,335       

$18,501 - $21,500     -0-     -0-     378    756    840      924   13,342       

$21,501 - $24,500     -0-     -0-     -0-    378    756      840   13,349       

$24,501 - $29,200     -0-     -0-     -0-    -0-    378      756   13,356       

$29,201 - $33,900     -0-     -0-     -0-    -0-    -0-      378   13,363       

Over $33,900          -0-     -0-     -0-    -0-    -0-      -0-   13,370       

      For a full-time student who is a dependent and enrolled in   13,373       

an educational institution that holds a certificate of             13,374       

registration from the State Board of Proprietary School            13,375       

Registration, the amount of the instructional grant for two        13,377       

semesters, three quarters, or a comparable portion of the          13,378       

academic year shall be determined in accordance with the                        

following table:                                                   13,379       

             Proprietary Institution Table of Grants               13,380       

                                   Maximum Grant $3,936            13,382       

Gross Income                       Number of Dependents            13,383       

                       1        2        3        4       5 or     13,391       

                                                          more                  

Under $12,001        $3,936   $3,936   $3,936   $3,936   $3,936    13,399       

$12,001 - $13,000     3,552    3,936    3,936    3,936    3,936    13,405       

$13,001 - $14,000     3,132    3,552    3,936    3,936    3,936    13,411       

$14,001 - $15,000     2,742    3,132    3,552    3,936    3,936    13,417       

$15,001 - $16,000     2,376    2,742    3,132    3,552    3,936    13,423       

$16,001 - $17,000     1,950    2,376    2,742    3,132    3,552    13,429       

$17,001 - $20,000     1,578    1,950    2,376    2,742    3,132    13,435       

$20,001 - $23,000     1,206    1,578    1,950    2,376    2,742    13,441       

$23,001 - $26,000       966    1,206    1,578    1,950    2,376    13,447       

$26,001 - $29,000       774      966    1,206    1,578    1,950    13,453       

$29,001 - $30,000       726      774      966    1,206    1,578    13,459       

                                                          277    


                                                                 
$30,001 - $31,000       642      726      774      966    1,206    13,465       

$31,001 - $32,000       324      642      726      774      966    13,471       

$32,001 - $33,000       -0-      324      642      726      774    13,477       

$33,001 - $34,000       -0-      -0-      324      642      726    13,483       

$34,001 - $35,000       -0-      -0-      -0-      324      642    13,489       

$35,001 - $36,000       -0-      -0-      -0-      -0-      324    13,495       

Over $36,000            -0-      -0-      -0-      -0-      -0-    13,501       

      For a full-time student who is financially independent and   13,504       

enrolled in an educational institution that holds a certificate    13,505       

of registration from the State Board of Proprietary School         13,506       

Registration, the amount of the instructional grant for two        13,508       

semesters, three quarters, or a comparable portion of the                       

academic year shall be determined in accordance with the           13,509       

following table:                                                   13,510       

             Proprietary Institution Table of Grants               13,511       

                                   Maximum Grant $3,936            13,512       

Gross Income                       Number of Dependents            13,513       

                     0       1       2      3      4      5 or     13,520       

                                                          more                  

Under $3,901       $3,936  $3,936  $3,936 $3,936 $3,936   $3,936   13,529       

$3,901 - $4,500     3,552   3,936   3,936  3,936  3,936    3,936   13,536       

$4,501 - $5,000     3,132   3,552   3,936  3,936  3,936    3,936   13,543       

$5,001 - $5,500     2,742   3,132   3,552  3,936  3,936    3,936   13,550       

$5,501 - $6,000     2,376   2,742   3,132  3,552  3,936    3,936   13,557       

$6,001 - $6,500     1,950   2,376   2,742  3,132  3,552    3,936   13,564       

$6,501 - $7,500     1,578   1,950   2,376  2,742  3,132    3,552   13,571       

$7,501 - $8,500     1,206   1,578   1,950  2,376  2,742    3,132   13,578       

$8,501 - $9,500       966   1,206   1,578  1,950  2,376    2,742   13,585       

$9,501 - $11,000      774     966   1,206  1,578  1,950    2,376   13,592       

$11,001 - $12,500     726     774     966  1,206  1,578    1,950   13,599       

$12,501 - $14,000     642     726     774    966  1,206    1,578   13,606       

$14,001 - $15,500     324     642     726    774    966    1,206   13,613       

$15,501 - $18,500     -0-     324     642    726    774      966   13,620       

$18,501 - $21,500     -0-     -0-     324    642    726      774   13,627       

                                                          278    


                                                                 
$21,501 - $24,500     -0-     -0-     -0-    324    642      726   13,634       

$24,501 - $29,200     -0-     -0-     -0-    -0-    324      642   13,641       

$29,201 - $33,900     -0-     -0-     -0-    -0-    -0-      324   13,648       

Over $33,900          -0-     -0-     -0-    -0-    -0-      -0-   13,655       

      For a full-time student who is a dependent and enrolled in   13,658       

a state-assisted educational institution, the amount of the        13,659       

instructional grant for two semesters, three quarters, or a        13,661       

comparable portion of the academic year shall be determined in     13,662       

accordance with the following table:                               13,663       

               Public Institution Table of Grants                  13,664       

                                   Maximum Grant $1,866            13,665       

Gross Income                       Number of Dependents            13,666       

                       1        2        3        4       5 or     13,672       

                                                          more                  

Under $12,001        $1,866   $1,866   $1,866   $1,866   $1,866    13,680       

$12,001 - $13,000     1,680    1,866    1,866    1,866    1,866    13,686       

$13,001 - $14,000     1,482    1,680    1,866    1,866    1,866    13,692       

$14,001 - $15,000     1,314    1,482    1,680    1,866    1,866    13,698       

$15,001 - $16,000     1,128    1,314    1,482    1,680    1,866    13,704       

$16,001 - $17,000       924    1,128    1,314    1,482    1,680    13,710       

$17,001 - $20,000       738      924    1,128    1,314    1,482    13,716       

$20,001 - $23,000       558      738      924    1,128    1,314    13,722       

$23,001 - $26,000       450      558      738      924    1,128    13,728       

$26,001 - $29,000       360      450      558      738      924    13,734       

$29,001 - $30,000       336      360      450      558      738    13,740       

$30,001 - $31,000       306      336      360      450      558    13,746       

$31,001 - $32,000       156      306      336      360      450    13,752       

$32,001 - $33,000       -0-      156      306      336      360    13,758       

$33,001 - $34,000       -0-      -0-      156      306      336    13,764       

$34,001 - $35,000       -0-      -0-      -0-      156      306    13,770       

$35,001 - $36,000       -0-      -0-      -0-      -0-      156    13,776       

Over $36,000            -0-      -0-      -0-      -0-      -0-    13,782       

      For a full-time student who is financially independent and   13,785       

enrolled in a state-assisted educational institution, the amount   13,786       

                                                          279    


                                                                 
of the instructional grant for two semesters, three quarters, or   13,788       

a comparable portion of the academic year shall be determined in   13,790       

accordance with the following table:                                            

               Public Institution Table of Grants                  13,791       

                                   Maximum Grant $1,866            13,792       

Gross Income                       Number of Dependents            13,793       

                     0       1       2      3      4      5 or     13,801       

                                                          more                  

Under $3,901       $1,866  $1,866  $1,866 $1,866 $1,866   $1,866   13,810       

$3,901 - $4,500     1,680   1,866   1,866  1,866  1,866    1,866   13,817       

$4,501 - $5,000     1,482   1,680   1,866  1,866  1,866    1,866   13,824       

$5,001 - $5,500     1,314   1,482   1,680  1,866  1,866    1,866   13,831       

$5,501 - $6,000     1,128   1,314   1,482  1,680  1,866    1,866   13,838       

$6,001 - $6,500       924   1,128   1,314  1,482  1,680    1,866   13,845       

$6,501 - $7,500       738     924   1,128  1,314  1,482    1,680   13,852       

$7,501 - $8,500       558     738     924  1,128  1,314    1,482   13,859       

$8,501 - $9,500       450     558     738    924  1,128    1,314   13,866       

$9,501 - $11,000      360     450     558    738    924    1,128   13,873       

$11,001 - $12,500     336     360     450    558    738      924   13,880       

$12,501 - $14,000     306     336     360    450    558      738   13,887       

$14,001 - $15,500     156     306     336    360    450      558   13,894       

$15,501 - $18,500     -0-     156     306    336    360      450   13,901       

$18,501 - $21,500     -0-     -0-     156    306    336      360   13,908       

$21,501 - $24,500     -0-     -0-     -0-    156    306      336   13,915       

$24,501 - $29,200     -0-     -0-     -0-    -0-    156      306   13,922       

$29,201 - $33,900     -0-     -0-     -0-    -0-    -0-      156   13,929       

Over $33,900          -0-     -0-     -0-    -0-    -0-      -0-   13,936       

      The foregoing appropriation item, 235-503, Ohio              13,939       

Instructional Grants, shall be used to make the payments           13,940       

authorized by division (C) of section 3333.26 of the Revised Code  13,941       

to the institutions described in that division.  In addition,      13,942       

this appropriation shall be used to reimburse the institutions     13,943       

described in division (B) of section 3333.26 of the Revised Code   13,944       

for the cost of the waivers required by that division.             13,945       

                                                          280    


                                                                 
      War Orphans' Scholarships                                    13,947       

      The foregoing appropriation item 235-504, War Orphans'       13,949       

Scholarships, shall be used to reimburse state-assisted            13,950       

institutions of higher education for waivers of instructional      13,951       

fees and general fees provided by them, and to provide grants to   13,952       

institutions that have received a certificate of authorization     13,953       

from the Ohio Board of Regents under Chapter 1713. of the Revised  13,954       

Code, in accordance with the provisions of section 5910.04 of the  13,955       

Revised Code, and to fund additional scholarship benefits          13,956       

provided by section 5910.032 of the Revised Code.                  13,957       

      Part-time Student Instructional Grants                       13,959       

      The foregoing appropriation item 235-549, Part-time Student  13,961       

Instructional Grants, shall be used to support a grant program     13,962       

for part-time undergraduate students who are Ohio residents and    13,963       

who are enrolled in degree granting programs.                      13,964       

      Eligibility for participation in the program shall include   13,967       

degree granting educational institutions that hold a certificate   13,968       

of registration from the State Board of Proprietary School         13,969       

Registration, and nonprofit institutions that have a certificate   13,970       

of authorization issued pursuant to Chapter 1713. of the Revised   13,971       

Code, as well as state-assisted colleges and universities.         13,972       

Grants shall be given to students on the basis of need, as         13,973       

determined by the college, which will, in making these                          

determinations, give special consideration to single-parent        13,974       

heads-of-household and displaced homemakers who enroll in an       13,975       

educational degree program that prepares the individual for a      13,976       

career.  In determining need, the college also shall consider the  13,977       

availability of educational assistance from a student's employer.  13,979       

It is the intent of the General Assembly that these grants not     13,980       

supplant such assistance.                                                       

      Section 7.08.  Capitol Scholarship Programs                  13,982       

      The foregoing appropriation item 235-518, Capitol            13,984       

Scholarship Programs, shall be used to provide one hundred         13,985       

scholarships in each fiscal year in the amount of $2,000 each for  13,987       

                                                          281    


                                                                 
students enrolled in Ohio's public and private institutions of                  

higher education to participate in the Washington Center           13,988       

Internship Program.  The scholarships shall be matched by the      13,989       

Washington Center's scholarship funds.                             13,990       

      Student Choice Grants                                        13,992       

      The foregoing appropriation item 235-531, Student Choice     13,994       

Grants, shall be used to support the Student Choice Grant Program  13,995       

created by section 3333.27 of the Revised Code.                    13,996       

      Academic Scholarships                                        13,998       

      Notwithstanding the provision in section 3333.22 of the      14,000       

Revised Code requiring the annual amount of a scholarship for a    14,001       

scholar to be $2,000, in lieu of that amount the annual            14,002       

scholarship amount awarded to any scholar who received a           14,003       

scholarship for the 1994-1995 academic year shall be $1,000 for    14,004       

any academic year for which the scholar is eligible for a          14,005       

scholarship under section 3333.22 of the Revised Code.             14,006       

      Physician Loan Repayment                                     14,008       

      The foregoing appropriation item 235-604, Physician Loan     14,010       

Repayment, shall be used in accordance with sections 3702.71 to    14,012       

3702.81 of the Revised Code.                                                    

      Nursing Loan Program                                         14,014       

      The foregoing appropriation item 235-606, Nursing Loan       14,016       

Program, shall be used to administer the nurse education           14,017       

assistance program.  Up to $148,000 in fiscal year 2000 and        14,018       

$152,000 in fiscal year 2001 may be used for operating expenses    14,019       

associated with the program.  Any additional funds needed for the  14,020       

administration of the program are subject to Controlling Board     14,021       

approval.                                                          14,022       

      Section 7.09.  Cooperative Extension Service                 14,024       

      Of the foregoing appropriation item 235-511, Cooperative     14,026       

Extension Service, $210,000 in each fiscal year shall be used for  14,028       

additional staffing for county agents for expanded 4-H             14,029       

activities.  Of the foregoing appropriation item 235-511,          14,030       

Cooperative Extension Service, $210,000 in each fiscal year shall  14,032       

                                                          282    


                                                                 
be used by the Cooperative Extension Service, through the                       

Enterprise Center for Economic Development in cooperation with     14,033       

other agencies, for a public-private effort to create and operate  14,034       

a small business economic development program to enhance the       14,035       

development of alternatives to the growing of tobacco, and         14,036       

implement through applied research and demonstration, the          14,037       

production and marketing of other high value crops and             14,038       

value-added products.  Of the foregoing appropriation item         14,039       

235-511, Cooperative Extension Service, $65,000 in each fiscal     14,040       

year shall be used for farm labor mediation and education          14,041       

programs.  Of the foregoing appropriation item 235-511,            14,042       

Cooperative Extension Service, $215,000 in each fiscal year shall  14,043       

be used to support the Ohio State University Marion Enterprise     14,044       

Center.                                                                         

      Of the foregoing appropriation item 235-511, Cooperative     14,046       

Extension Service, $680,000 in fiscal year 2000 and $910,500 in    14,047       

fiscal year 2001 shall be used to support the Ohio Watersheds      14,048       

Initiative.                                                                     

      Agricultural Research and Development Center                 14,050       

      Of the foregoing appropriation item 235-535, Agricultural    14,052       

Research and Development Center, $950,000 in each fiscal year      14,053       

shall be distributed to the Piketon Agricultural Research and      14,055       

Extension Center.                                                               

      Of the foregoing appropriation item 235-535, Agricultural    14,057       

Research and Development Center, $200,000 in each fiscal year      14,058       

shall be distributed to the Raspberry/Strawberry-Ellagic Acid      14,059       

Research program at the Ohio State University Medical College in   14,060       

cooperation with the Ohio State University College of              14,061       

Agriculture.                                                                    

      Cooperative Extension Service and Agricultural Research and  14,064       

Development Center                                                              

      The foregoing appropriation items 235-511, Cooperative       14,066       

Extension Service, and 235-535, Agricultural Research and          14,067       

Development Center, shall be disbursed through the Ohio Board of   14,068       

                                                          283    


                                                                 
Regents to the Ohio State University in monthly payments, unless   14,069       

otherwise determined by the Director of Budget and Management      14,070       

pursuant to the provisions of section 126.09 of the Revised Code.  14,072       

Of the foregoing appropriation item 235-535, Agricultural                       

Research and Development Center, $540,000 in each fiscal year      14,073       

shall be used to purchase equipment.                               14,074       

      The Ohio Agricultural Research and Development Center shall  14,076       

not be required to remit payment to The Ohio State University      14,077       

during the 1999-2001 biennium for cost reallocation assessments.   14,079       

The cost reallocation assessments include, but are not limited     14,080       

to, any assessment on state appropriations to the center.          14,081       

      Section 7.10.  Sea Grants                                    14,083       

      The foregoing appropriation item 235-402, Sea Grants, shall  14,085       

be disbursed to The Ohio State University.  The funds from this    14,086       

appropriation item shall be used to conduct research on fish in    14,087       

Lake Erie.                                                                      

      Information System                                           14,089       

      The foregoing appropriation item 235-409, Information        14,091       

System, shall be used by the Board of Regents to revise the        14,092       

higher education data system known as the Uniform Information      14,093       

System.                                                                         

      Student Services                                             14,095       

      The foregoing appropriation item 235-502, Student Support    14,097       

Services, shall be distributed by the Board of Regents to Ohio's   14,098       

state-assisted colleges and universities that incur                14,099       

disproportionate costs in the provision of support services to     14,100       

disabled students.                                                              

      Shawnee State Supplement                                     14,102       

      The foregoing appropriation item 235-520, Shawnee State      14,104       

Supplement, shall be used by Shawnee State University as detailed  14,105       

by both of the following:                                          14,106       

      (A)  To allow Shawnee State University to keep its           14,108       

undergraduate fees below the statewide average, consistent with    14,109       

its mission of service to an economically depressed Appalachian    14,110       

                                                          284    


                                                                 
region;                                                                         

      (B)  To allow Shawnee State University to employ new         14,112       

faculty to develop and teach in new degree programs that meet the  14,113       

needs of Appalachians.                                                          

      Police and Fire Protection                                   14,115       

      The foregoing appropriation item 235-524, Police and Fire    14,117       

Protection, shall be used for police and fire services in the      14,118       

municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,   14,119       

Portsmouth, Xenia Township (Greene County), and Rootstown          14,120       

Township, which may be used to assist these local governments in                

providing police and fire protection for the central campus of     14,121       

the state-affiliated university located therein.  Each             14,122       

participating municipality and township shall receive at least     14,123       

five thousand dollars per year.  Funds shall be distributed by     14,124       

the Ohio Board of Regents.                                                      

      School of International Business                             14,126       

      The foregoing appropriation item 235-547, School of          14,128       

International Business, shall be used for the continued            14,129       

development and support of the School of International Business    14,130       

of the state universities of northeast Ohio.  The money shall go   14,131       

to the University of Akron.  These funds shall be used by the                   

university to establish a School of International Business         14,132       

located at the University of Akron.  It may confer with the Kent   14,133       

State University, Youngstown State University, and Cleveland       14,134       

State University as to the curriculum and other matters regarding  14,135       

the school.                                                                     

      Capital Component                                            14,137       

      The foregoing appropriation item 235-552, Capital            14,139       

Component, shall be used by the Ohio Board of Regents to           14,140       

implement the capital funding policy for state-assisted colleges   14,141       

and universities established in Am. H.B. 748 of the 121st General  14,142       

Assembly.  Appropriations from this item shall be distributed to                

all campuses for which the estimated campus debt service           14,143       

attributable to new qualifying capital projects is less than the   14,145       

                                                          285    


                                                                 
campus' formula-determined capital component allocation.  Campus                

allocations shall be determined by subtracting the estimated       14,146       

campus debt service attributable to new qualifying capital         14,147       

projects from campus formula-determined capital component          14,148       

allocation.  Moneys distributed from this appropriation item       14,149       

shall be restricted to capital-related purposes.                   14,150       

      Dayton Area Graduate Studies Institute                       14,152       

      The foregoing appropriation item 235-553, Dayton Area        14,154       

Graduate Studies Institute, shall be used by the Ohio Board of     14,155       

Regents to support the Dayton Area Graduate Studies Institute, an  14,156       

engineering graduate consortium of three universities in the       14,157       

Dayton area - Wright State University, The University of Dayton,   14,158       

and the Air Force Institute of Technology - with the                            

participation of the University of Cincinnati and The Ohio State   14,159       

University.                                                                     

      Long-Term Care Research                                      14,161       

      The foregoing appropriation item 235-558, Long-term Care     14,163       

Research, shall be disbursed to Miami University for long-term     14,164       

care research.                                                                  

      BGSU Canadian Studies Center                                 14,166       

      The foregoing appropriation item 235-561, BGSU Canadian      14,168       

Studies Center, shall be used by the Canadian Studies Center at    14,169       

Bowling Green State University to study opportunities for Ohio     14,171       

and Ohio businesses to benefit from the Free Trade Agreement       14,172       

between the United States and Canada.                                           

      Urban University Programs                                    14,174       

      Of the foregoing appropriation item 235-583, Urban           14,176       

University Programs, universities receiving funds which are used   14,178       

to support an ongoing university unit must certify periodically    14,179       

in a manner approved by the Ohio Board of Regents that program     14,180       

funds are being matched on a one-to-one basis with equivalent      14,181       

resources.  Overhead support may not be used to meet this          14,182       

requirement.  Where Urban University Program funds are being used  14,183       

to support an ongoing university unit, matching funds must come    14,184       

                                                          286    


                                                                 
from continuing rather than one-time sources.  At each             14,185       

participating state-assisted institution of higher education,      14,186       

matching funds must be within the substantial control of the       14,187       

individual designated by the institution's president as the Urban  14,188       

University Program representative.                                 14,189       

      Of the foregoing appropriation item 235-583, Urban           14,191       

University Programs, $380,000 in each fiscal year shall be used    14,192       

to support a public communication outreach program (WCPN). The     14,194       

primary purpose of the program shall be to develop a relationship  14,195       

between Cleveland State University and nonprofit communications                 

entities.                                                          14,196       

      Of the foregoing appropriation item 235-583, Urban           14,198       

University Programs, $180,000 in each fiscal year shall be used    14,199       

to support the Center for the Interdisciplinary Study of           14,200       

Education and the Urban Child at Cleveland State University.       14,202       

These funds shall be distributed according to rules adopted by     14,203       

the Ohio Board of Regents and shall be used by the center for      14,204       

interdisciplinary activities targeted toward increasing the        14,205       

chance of lifetime success of the urban child, including           14,206       

interventions beginning with the prenatal period.  The primary     14,207       

purpose of the center is to study issues in urban education and    14,208       

to systematically map directions for new approaches and new        14,209       

solutions by bringing together a cadre of researchers, scholars,   14,210       

and professionals representing the social, behavioral, education,  14,211       

and health disciplines.                                                         

      Of the foregoing appropriation item 235-583, Urban           14,214       

University Programs, $260,000 in each fiscal year shall be used    14,215       

to support the Kent State University Learning and Technology       14,216       

Project.  This project is a kindergarten through university        14,217       

collaboration between schools surrounding Kent's eight campuses    14,218       

in northeast Ohio, and corporate partners who will assist in       14,219       

development and delivery.                                          14,220       

      The Kent State University Project shall provide a faculty    14,222       

member who has a full-time role in the development of              14,223       

                                                          287    


                                                                 
collaborative activities and teacher instructional programming     14,224       

between Kent and the K-12th grade schools that surround its eight  14,225       

campuses; appropriate student support staff to facilitate these    14,226       

programs and joint activities; and hardware and software to        14,227       

schools that will make possible the delivery of instruction to     14,228       

pre-service and in-service teachers, and their students, in their  14,229       

own classrooms or school buildings.  This shall involve the        14,230       

delivery of low-bandwidth streaming video and web-based            14,231       

technologies in a distributed instructional model.                 14,232       

      Of the remainder of the appropriation, 50 per cent of the    14,234       

total in each fiscal year shall be distributed by the Ohio Board   14,235       

of Regents to Cleveland State University in support of the Urban   14,236       

Center of the College of Urban Affairs.  The balance of the        14,237       

appropriation shall be distributed to the Northeast Ohio           14,239       

Interinstitutional Research Program, the Urban Linkages Program,   14,240       

and the Urban Research Technical Assistance Grant Program.         14,241       

      International Center for Water Resources Development         14,243       

      The foregoing appropriation item 235-595, International      14,245       

Center for Water Resources Development, shall be used to support   14,246       

the International Center for Water Resources Development at        14,247       

Central State University.  This center shall develop methods to    14,248       

improve the management of water resources for Ohio and for         14,249       

emerging nations.                                                               

      Rural University Projects                                    14,251       

      Of the foregoing appropriation item 235-587, Rural           14,253       

University Projects, Bowling Green State University shall receive  14,254       

$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001.     14,255       

Miami University shall receive $323,365 in fiscal year 2000 and    14,256       

$331,125 in fiscal year 2001.  Ohio University shall receive       14,257       

$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.                  

These funds shall be used to support the Institute for Local       14,259       

Government Administration and Rural Development at Ohio                         

University, the Center for Public Management and Regional Affairs  14,260       

at Miami University, and the public administration program at      14,261       

                                                          288    


                                                                 
Bowling Green State University.                                    14,262       

      A small portion of the funds provided to Ohio University     14,265       

shall be used to establish a satellite office of the Institute     14,266       

for Local Government Administration and Rural Development at       14,267       

Shawnee State University.  A small portion of the funds provided   14,268       

to Ohio University shall also be used for the Institute for Local  14,269       

Government Administration and Rural Development State and Rural    14,270       

Policy Partnership with the Governor's Office of Appalachia and                 

the Appalachian delegation of the General Assembly.                14,271       

      Ohio Resource Center for Math, Science, and Reading          14,273       

      The foregoing appropriation item 235-588, Ohio Resource      14,275       

Center for Math, Science, and Reading, shall be used to support a  14,276       

resource center for mathematics, science, and reading to be        14,277       

located at a state-assisted university for the purpose of          14,278       

identifying best educational practices in primary and secondary    14,279       

schools and establishing methods for communicating them to                      

colleges of education and school districts.                        14,280       

      Prior to December 31, 1999, the Governor, the                14,282       

Superintendent of Public Instruction, and the Chancellor of the    14,283       

Ohio Board of Regents shall conduct a search for the best          14,284       

location for the establishment of the Ohio Resource Center for     14,285       

Mathematics, Science, and Reading.  The location selected shall                 

be on the campus of one of the state universities named in         14,286       

section 3345.011 of the Revised Code.  The university selected     14,287       

shall be chosen on a competitive basis from among those            14,288       

universities that apply to the Board of Regents.                                

      Hazardous Materials Program                                  14,290       

      The foregoing appropriation item 235-596, Hazardous          14,292       

Materials Program, shall be disbursed to Cleveland State           14,293       

University for the operation of a program to certify firefighters  14,294       

for the handling of hazardous materials.  Training shall be        14,295       

available to all Ohio firefighters.                                             

      Ohio Higher Education Facilities Commission Support          14,297       

      The foregoing appropriation item 235-602, HEFC               14,299       

                                                          289    


                                                                 
Administration, shall be used by the Board of Regents for          14,300       

operating expenses related to the Board of Regents' support of     14,301       

the activities of the Ohio Higher Education Facilities             14,302       

Commission.  Upon the request of the chancellor, the Director of   14,303       

Budget and Management shall transfer up to $12,000 cash from Fund  14,304       

461 to Fund 4E8 in each fiscal year of the biennium.               14,305       

      Reading Recovery Program*                                    14,307       

      Notwithstanding section 3319.23 of the Revised Code, all     14,309       

state-assisted colleges and universities with teacher education    14,310       

programs shall provide instruction in the Reading Recovery         14,311       

Program.                                                           14,312       

      Section 7.11.  Repayment of Research Facility Investment     14,314       

Fund Moneys                                                                     

      Notwithstanding any provision of law to the contrary, all    14,316       

repayments of Research Facility Investment Fund loans shall be     14,317       

made to the Bond Service Trust Fund.  All Research Facility        14,319       

Investment Fund loan repayments made prior to the effective date   14,320       

of this section shall be transferred by the Director of Budget                  

and Management to the Bond Service Trust Fund within sixty days    14,322       

of the effective date of this section.                             14,323       

      Campuses are required to make timely repayments of Research  14,325       

Facility Investment Fund loans, according to the schedule          14,326       

established by the Board of Regents.  In the case of late          14,327       

payments, the Board of Regents is authorized to deduct from an     14,328       

institution's periodic subsidy distribution an amount equal to                  

the amount of the overdue payment for that institution, transfer   14,329       

such amount to the Bond Service Trust Fund, and credit the         14,330       

appropriate institution for the repayment.                         14,331       

      Veterans' Preference                                         14,333       

      The Board of Regents shall work with the Governor's Office   14,335       

of Veterans' Affairs to develop specific veterans' preference      14,336       

guidelines for higher education institutions.  These guidelines    14,337       

shall ensure that the institutions' hiring practices are in        14,338       

accordance with the intent of Ohio's veterans' preference laws.    14,339       

                                                          290    


                                                                 
      Section 7.12.  Central State University                      14,341       

      (A)  Notwithstanding sections 3345.72, 3345.74, 3345.75,     14,343       

and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio         14,344       

Administrative Code, Central State University shall adhere to the  14,345       

following fiscal standards:                                                     

      (1)  Maintenance of a balanced budget and filing of          14,347       

quarterly reports on an annualized budget with the Board of        14,348       

Regents, comparing the budget to actual spending and revenues      14,349       

with projected expenditures and revenues for the remainder of the  14,350       

year.  Such reports shall include narrative explanations as                     

appropriate and be filed within 30 days of the end of the          14,351       

quarter.                                                                        

      (2)  Timely and accurate assessment of the current and       14,353       

projected cash flow of university funds, by fund type;             14,354       

      (3)  Timely reconciliation of all university cash and        14,356       

general ledger accounts, by fund;                                  14,357       

      (4)  Submission to the Auditor of State financial            14,359       

statements consistent with audit requirements prescribed by the    14,360       

Auditor of State within four months after the end of the fiscal    14,361       

year.                                                                           

      The Director of Budget and Management shall provide          14,363       

clarification to the university on these fiscal standards as       14,364       

deemed necessary.  The director may also take such actions as are  14,365       

necessary to ensure that the university adheres to these           14,366       

standards and other fiscal standards consistent with generally                  

accepted accounting principles and the requirements of external    14,367       

entities providing funding to the university.  Such actions may    14,368       

include the appointment of a financial consultant to assist        14,369       

Central State University in the continuous process of design and   14,370       

implementation of responsible systems of financial management and  14,371       

accounting.                                                                     

      (B)  The director's fiscal oversight shall continue until    14,373       

such time as the university meets the same criteria as those       14,374       

created in 126:3-1-01(F) of the Ohio Administrative Code for the   14,376       

                                                          291    


                                                                 
termination of a fiscal watch.  At that time Central State         14,377       

University shall be relieved of the requirements of this section                

and subject to the requirements of sections 3345.72, 3345.74,      14,378       

3345.75, and 3345.76 of the Revised Code.                          14,379       

      Section 8.  OSB  OHIO STATE SCHOOL FOR THE BLIND             14,381       

General Revenue Fund                                               14,383       

GRF 226-100 Personal Services     $    5,485,586 $    5,534,116    14,388       

GRF 226-200 Maintenance           $      676,533 $      692,770    14,392       

GRF 226-300 Equipment             $       69,534 $       71,203    14,396       

TOTAL GRF General Revenue Fund    $    6,231,653 $    6,298,089    14,399       

General Services Fund Group                                        14,401       

4H8 226-602 Education Reform                                       14,404       

            Grants                $       29,900 $       29,900    14,406       

TOTAL GSF General Services                                         14,407       

   Fund Group                     $       29,900 $       29,900    14,410       

State Special Revenue Fund Group                                   14,412       

4M5 226-601 Work Study &                                           14,415       

            Technology                                                          

            Investments           $       40,083 $       40,924    14,417       

TOTAL SSR State Special Revenue                                    14,418       

   Fund Group                     $       40,083 $       40,924    14,421       

Federal Special Revenue Fund Group                                 14,423       

3P5 226-643 Medicaid Professional                                  14,426       

            Services                                                            

            Reimbursement         $      125,000 $      125,000    14,428       

310 226-626 Coordinating Unit     $    1,173,036 $    1,195,850    14,432       

TOTAL FED Federal Special                                          14,433       

   Revenue Fund Group             $    1,298,036 $    1,320,850    14,436       

TOTAL ALL BUDGET FUND GROUPS      $    7,599,672 $    7,689,763    14,439       

      Section 9.  OSD  OHIO STATE SCHOOL FOR THE DEAF              14,442       

General Revenue Fund                                               14,444       

GRF 221-100 Personal Services     $    6,928,679 $    7,132,058    14,449       

GRF 221-200 Maintenance           $      944,938 $      967,617    14,453       

GRF 221-300 Equipment             $      180,715 $      185,052    14,457       

                                                          292    


                                                                 
TOTAL GRF General Revenue Fund    $    8,054,332 $    8,284,727    14,460       

General Services Fund Group                                        14,462       

4M1 221-602 Education Reform                                       14,465       

            Grants                $       64,867 $       65,210    14,467       

TOTAL GSF General Services                                         14,468       

   Fund Group                     $       64,867 $       65,210    14,471       

State Special Revenue Fund Group                                   14,473       

4M0 221-601 Educational Program                                    14,476       

            Expenses              $       16,890 $       17,363    14,478       

TOTAL SSR State Special Revenue                                    14,479       

   Fund Group                     $       16,890 $       17,363    14,482       

Federal Special Revenue Fund Group                                 14,484       

3R0 221-684 Medicaid Professional                                  14,487       

            Services                                                            

            Reimbursement         $       80,000 $       82,240    14,489       

311 221-625 Coordinating Unit     $      848,780 $      871,271    14,493       

TOTAL FED Federal Special                                          14,494       

   Revenue Fund Group             $      928,780 $      953,511    14,497       

TOTAL ALL BUDGET FUND GROUPS      $    9,064,869 $    9,320,811    14,500       

      Section 10.  SFC  SCHOOL FACILITIES COMMISSION               14,503       

General Revenue Fund                                               14,505       

GRF 230-428 Lease Rental Payments $   55,400,000 $   70,300,000    14,510       

TOTAL GRF General Revenue Fund    $   55,400,000 $   70,300,000    14,513       

State Special Revenue Fund Group                                   14,516       

5E3 230-644 Operating Expenses    $    2,609,726 $    2,738,277    14,521       

TOTAL SSR State Special Revenue                                    14,522       

   Fund Group                     $    2,609,726 $    2,738,277    14,525       

TOTAL ALL BUDGET FUND GROUPS      $   58,009,726 $   73,038,277    14,528       

      Lease Rental Payments                                        14,531       

      The foregoing appropriation item 230-428, Lease Rental       14,533       

Payments, shall be used by the School Facilities Commission to     14,534       

pay bond service charges on obligations issued pursuant to         14,535       

Chapter 3318. of the Revised Code.                                              

      Operating Expenses                                           14,537       

                                                          293    


                                                                 
      The foregoing appropriation item 230-644, Operating          14,539       

Expenses, shall be used by the Ohio School Facilities Commission   14,540       

to carry out its responsibilities pursuant to this section and     14,541       

Chapter 3318. of the Revised Code.                                 14,542       

      Within ten days after the effective date of this section,    14,544       

or as soon as possible thereafter, the Executive Director of the   14,545       

Ohio School Facilities Commission shall certify to the Director    14,546       

of Budget and Management the amount of cash to be transferred      14,547       

from the School Building Assistance Fund (Fund 032) or the Public  14,548       

School Building Fund (Fund 021) to the Ohio School Facilities                   

Commission Fund (Fund 5E3).                                        14,549       

      By July 10, 2000, the Executive Director of the Ohio School  14,551       

Facilities Commission shall certify to the Director of Budget and  14,552       

Management the amount of cash to be transferred from the School    14,553       

Building Assistance Fund (Fund 032) or the Public School Building  14,554       

Fund (Fund 021) to the Ohio School Facilities Commission Fund      14,555       

(Fund 5E3).                                                                     

      Prior Year Encumbrances                                      14,557       

      At the request of the Director of the Ohio School            14,559       

Facilities Commission, the Director of Budget and Management may   14,560       

cancel encumbrances from fiscal years 1998 and 1999 in CAP-770,    14,561       

School Building Program Assistance, and reestablish such           14,562       

encumbrances or parts of encumbrances to CAP-622, Public School                 

Buildings, for fiscal years 2000 and 2001.  Appropriations to      14,563       

CAP-622 shall not be increased as a result of reestablishing such  14,564       

encumbrances.  An amount equal to the canceled encumbrances in     14,565       

CAP-770 shall be appropriated to CAP-775.                          14,566       

      Disability Access Projects                                   14,568       

      The unencumbered and unallotted balances as of June 30,      14,570       

1999, in appropriation item 230-649, Disability Access Project,    14,571       

are hereby reappropriated.  The unencumbered and unallotted        14,573       

balances of the appropriation at the end of fiscal year 2000 are   14,574       

hereby reappropriated in fiscal year 2001 to fund capital          14,575       

projects pursuant to this section.                                 14,576       

                                                          294    


                                                                 
      (A)  As used in this section:                                14,578       

      (1)  "Percentile" means the percentile in which a school     14,580       

district is ranked according to the fiscal year 1998 ranking of    14,581       

school districts with regard to income and property wealth under   14,582       

division (B) of section 3318.011 of the Revised Code.              14,583       

      (2)  "School district" means a city, local, or exempted      14,585       

village school district, but excluding a school district that is   14,586       

one of the state's 21 urban school districts as defined in         14,587       

division (O) of section 3317.02 of the Revised Code, as that       14,588       

section existed prior to July 1, 1998.                             14,589       

      (3)  "Valuation per pupil" means a district's total taxable  14,592       

value as defined in section 3317.02 of the Revised Code divided    14,593       

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  14,594       

1, 1998.                                                                        

      (B)  The School Facilities Commission shall adopt rules for  14,596       

awarding grants to school districts with a valuation per pupil of  14,598       

less than $200,000, to be used for construction, reconstruction,                

or renovation projects in classroom facilities, the purpose of     14,599       

which is to improve access to such facilities by physically        14,600       

handicapped persons.  The rules shall include application          14,601       

procedures.  No school district shall be awarded a grant under     14,602       

this section in excess of $100,000.  In addition, any school       14,603       

district shall be required to pay a percentage of the cost of the  14,604       

project for which the grant is being awarded equal to the          14,605       

percentile in which the district is ranked.                        14,606       

      Section 11.  NET  OHIO SCHOOLNET COMMISSION                  14,608       

General Revenue Fund                                               14,610       

GRF 228-404 Operating Expenses    $    5,703,175 $    5,483,910    14,615       

GRF 228-406 Technical &                                            14,617       

            Instructional                                                       

            Professional                                                        

            Development           $   12,408,453 $   12,706,256    14,619       

GRF 228-539 Education Technology  $    6,707,421 $    6,733,475    14,623       

                                                          295    


                                                                 
GRF 228-559 RISE - Interactive                                     14,625       

            Parenting Program     $    1,200,000 $    1,200,000    14,627       

Total GRF General Revenue Fund    $   26,019,049 $   26,123,641    14,630       

General Services Fund Group                                        14,632       

5D4 228-640 Conference/Special                                     14,635       

            Purpose Expenses      $      500,000 $      500,000    14,637       

TOTAL GSF General Services                                         14,638       

   Fund Group                     $      500,000 $      500,000    14,641       

State Special Revenue Fund Group                                   14,644       

4W9 228-630 Ohio SchoolNet                                         14,647       

            Telecommunity Fund    $    3,389,447 $       52,813    14,649       

4X1 228-634 Distance Learning     $    3,174,718 $    3,263,413    14,653       

4Y4 228-698 SchoolNet Plus        $   90,000,000 $            0    14,657       

TOTAL SSR State Special Revenue                                    14,658       

   Fund Group                     $   96,564,165 $    3,316,226    14,661       

Federal Special Revenue Fund Group                                 14,664       

3S3 228-655 Technology Literacy                                    14,667       

            Challenge             $   16,650,418 $   16,650,418    14,669       

TOTAL FED Federal Special Revenue                                  14,670       

   Fund Group                     $   16,650,418 $   16,650,418    14,673       

TOTAL ALL BUDGET FUND GROUPS      $  139,733,632 $   46,590,285    14,676       

      SchoolNet Plus Program                                       14,679       

      (A)  The foregoing appropriation item 228-698, SchoolNet     14,681       

Plus, shall be used as follows:                                    14,682       

      (1)  Up to $20,000,000 to purchase network                   14,684       

telecommunications equipment for each public elementary school     14,685       

building in Ohio to provide classroom and building access to       14,686       

existing and potential statewide voice, video, and data                         

telecommunication services.  The Ohio SchoolNet Commission, in     14,687       

consultation with the Department of Education and the Ohio         14,688       

Education Computer Network, shall define the standards and         14,689       

equipment configurations necessary to maximize the efficient use   14,690       

of the existing and potential statewide voice, video, and data     14,691       

telecommunication services.                                                     

                                                          296    


                                                                 
      (2)  Up to $70,000,000 to establish and equip at least one   14,693       

interactive computer workstation for each five children enrolled   14,694       

in the fifth grade based on the number of children each            14,695       

qualifying school district has enrolled in the fifth grade as      14,696       

reported in October 1999 pursuant to division (A) of section                    

3317.03 of the Revised Code.                                       14,697       

      (3)  To pay for the cost of an independent review of all     14,699       

the agencies in Ohio that deliver education technology, as called  14,700       

for in Recommendation One of the Report of the Ohio School         14,701       

Technology Implementation Task Force.                                           

      (4)  To pay for the cost of a statewide educational          14,703       

technology strategic planning process as called for in             14,704       

Recommendation Two of the Report of the Ohio Schools Technology    14,705       

Implementation Task Force.                                                      

      (B)  Not later than November 30, 1999, the Executive         14,707       

Director of the Ohio SchoolNet Commission shall allocate to        14,708       

school districts the amount to be used pursuant to division        14,709       

(A)(2) of this section.  A school district's allocation shall      14,710       

remain available until the district is ready to use it, and the                 

school district may use its allocation in phases.  A school        14,711       

district may use a portion of its allocation for training and      14,712       

staff development related to the project if approved by the Ohio   14,713       

SchoolNet Commission under division (C) of this section.           14,714       

      (C)  The Ohio SchoolNet Commission shall adopt procedures    14,716       

for the administration and implementation of the SchoolNet Plus    14,717       

Program.  The procedures shall include application procedures,     14,718       

specification for education technology, and terms and conditions   14,719       

for participation in the program.  The commission shall not        14,720       

approve any application for participation in the program unless    14,721       

it has determined that the applicant can effectively and           14,722       

efficiently integrate the requested education technology into      14,723       

schools or the selected schools or classrooms for the phase of     14,724       

the program.                                                                    

      (D)  Educational technology made available to school         14,726       

                                                          297    


                                                                 
districts under division (B) of this section shall be used as an   14,727       

integrated part of the curriculum in fifth grade classrooms.       14,728       

However, if the commission determines that a school district       14,729       

already has at least one interactive computer workstation for                   

each five children enrolled in the fifth grade, and the district   14,730       

meets other minimum requirements that may be established by the    14,731       

commission concerning staff training and other education           14,732       

technology for such grades, the commission may permit the school   14,733       

district to use educational technology made available to it        14,734       

through the SchoolNet Plus Program for children in grades six                   

through twelve.                                                    14,735       

      (E)  As used in this section:                                14,737       

      (1)  "Qualifying school district" means all school           14,739       

districts.                                                                      

      (2)  "Educational technology" includes, but is not limited   14,741       

to, computer hardware, equipment, training, and services;          14,742       

equipment used for two-way audio or video; software; and           14,743       

textbooks.                                                                      

      (F)  All appropriations that are unencumbered and            14,745       

unallotted in appropriation item 228-698, SchoolNet Plus, as of    14,746       

June 30, 2000, are hereby appropriated for the same purpose in     14,747       

fiscal year 2001 upon the request of the Executive Director of     14,748       

the Ohio SchoolNet Commission and the approval of the Director of               

Budget and Management.                                             14,749       

      Section 11.01.  Technical and Instructional Professional     14,751       

Development                                                                     

      The foregoing appropriation item 228-406, Technical and      14,753       

Instructional Professional Development, shall be used by the Ohio  14,755       

SchoolNet Commission, to make grants to qualifying schools,                     

including the State School for the Blind and the Ohio School for   14,757       

the Deaf for the provision of hardware, software,                  14,758       

telecommunications services, and staff development to support      14,759       

educational uses of technology in the classroom.                   14,760       

      The Ohio SchoolNet Commission shall consider the             14,762       

                                                          298    


                                                                 
professional development needs associated with the OhioReads       14,763       

Program when making funding allocations and program decisions.     14,764       

      The Ohio Educational Telecommunications Network Commission,  14,766       

with the advice of the Ohio SchoolNet Commission, shall make       14,767       

grants totaling up to $1,400,000 in each year of the biennium for  14,769       

research development and production of interactive instructional   14,770       

programming series and teleconferences to support SchoolNet.  Up   14,771       

to $50,000 of this amount shall be used in each year of the        14,772       

biennium to provide for the administration of these activities by  14,773       

the Ohio Educational Telecommunications Network Commission.  The   14,774       

programming shall be targeted to the needs of the poorest 200      14,775       

school districts as determined by the district's adjusted          14,776       

valuation per pupil as defined in section 3317.0213 of the         14,777       

Revised Code.                                                                   

      Of the foregoing appropriation item 228-406, Technical and   14,779       

Instructional Professional Development, $3,300,000 in each fiscal  14,780       

year shall be distributed by the Ohio SchoolNet Commission to      14,782       

low-wealth districts or consortia including low-wealth school      14,783       

districts, as determined by the district's adjusted valuation per  14,785       

pupil as defined in section 3317.0213 of the Revised Code, or the  14,786       

State School for the Blind or the Ohio School for the Deaf.        14,787       

      The remaining appropriation allocated under this section     14,789       

shall be used by the Ohio SchoolNet Commission for professional    14,790       

development for teachers and administrators for the use of         14,791       

educational technology.  The commission shall make grants to       14,792       

provide technical assistance and professional development on the   14,793       

use of educational technology to school districts.                 14,794       

      Eligible recipients of grants include regional training      14,796       

centers, county offices of education, data collection sites,       14,797       

instructional technology centers, institutions of higher           14,798       

education, public television stations, special education resource  14,800       

centers, area media centers, or other nonprofit educational        14,801       

organizations.  Services provided through these grants may         14,802       

include use of private entities subcontracting through the grant   14,803       

                                                          299    


                                                                 
recipient.                                                                      

      Grants shall be made to entities on a contractual basis      14,805       

with the Ohio SchoolNet Commission.  Contracts shall include       14,807       

provisions that demonstrate how services will benefit technology   14,808       

use in the schools, and in particular will support SchoolNet       14,809       

efforts to support technology in the schools.  Contracts shall     14,810       

specify the scope of assistance being offered and the potential    14,811       

number of professionals who will be served.  Contracting entities  14,812       

may be awarded more than one grant at a time.                      14,813       

      Grants shall be awarded in a manner consistent with the      14,815       

goals of SchoolNet.  Special emphasis in the award of grants       14,816       

shall be placed on collaborative efforts among service providers.  14,817       

      Application for grants from this appropriation shall be      14,819       

consistent with a school district's technology plan that shall     14,820       

meet the minimum specifications for school district technology     14,821       

plans as prescribed by the Ohio SchoolNet Commission.  Funds       14,822       

allocated through these grants may be combined with funds          14,823       

received through other state or federal grants for technology as   14,824       

long as the school district's technology plan specifies the use    14,825       

of these funds.  The commission may combine the application for    14,826       

these grants with the SchoolNet application process authorized in  14,828       

Am. Sub. H.B. 790 of the 120th General Assembly.                                

      Education Technology                                         14,830       

      The foregoing appropriation item 228-539, Education          14,832       

Technology, shall be used to provide funding to suppliers of       14,833       

information services to school districts for the provision of      14,834       

hardware, software, and staff development in support of            14,835       

educational uses of technology in the classroom as prescribed by   14,836       

the State Plan for Technology pursuant to section 3301.07 of the   14,837       

Revised Code, and to support assistive technology for children     14,838       

and youth with disabilities.                                       14,839       

      Up to $5,776,929 in each fiscal year shall be used by the    14,841       

Ohio SchoolNet Commission to contract with instructional           14,842       

television and $930,492 in fiscal year 2000 and $956,546 in        14,844       

                                                          300    


                                                                 
fiscal year 2001 shall be used by the commission to contract with  14,845       

education media centers to provide Ohio schools with               14,846       

instructional resources and services.                              14,847       

      Resources may include, but not be limited to, the            14,849       

following:  pre-recorded video materials (including videotape,     14,850       

laser discs, and CD-ROM discs); computer software for student use  14,852       

and/or student access to electronic communication, databases,      14,853       

spreadsheet, and word processing capability; live student courses  14,854       

or courses delivered electronically; automated media systems; and  14,855       

instructional and professional development materials for           14,856       

teachers.  The commission shall cooperate with such agencies in    14,857       

the acquisition, development, and delivery of such educational     14,858       

resources to ensure high-quality and educational soundness at the  14,859       

lowest possible cost.  Delivery of such resources may utilize a    14,860       

variety of technologies, with preference given to a high-speed     14,861       

integrated information network that can transport video, voice,    14,862       

data, and graphics simultaneously.                                              

      Services shall include presentations and technical           14,864       

assistance that will help students and teachers integrate          14,865       

educational materials that support curriculum objectives, match    14,866       

specific learning styles, and are appropriate for individual       14,867       

interests and ability levels.                                      14,868       

      Such instructional resources and services shall be made      14,870       

available for purchase by chartered nonpublic schools or by        14,871       

public school districts for the benefit of pupils attending        14,872       

chartered nonpublic schools.                                                    

      Section 11.02.  Interactive Parenting Program                14,874       

      The foregoing appropriation item 228-559, Interactive        14,876       

Parenting Program, shall be used by the Ohio SchoolNet Commission  14,877       

to fund a grant to RISE, Inc. as partial support to train          14,879       

preschool staff members and parents.                                            

      It is the intent of the General Assembly that the            14,881       

commission, in conjunction with RISE, Inc., shall develop a        14,882       

program which may be conducted in conjunction with state           14,883       

                                                          301    


                                                                 
supported technology programs including, but not limited to,       14,884       

SchoolNet appropriation item 228-406, and Education Technology     14,885       

appropriation item 228-539, designed to educate preschool staff    14,886       

members and providers on developmentally appropriate teaching      14,887       

methods and to involve parents more closely in the education and   14,888       

development of their children.  The project shall include an       14,889       

interactive instructional program, which shall be distributed to   14,890       

program participants at up to twenty-six locations throughout the  14,891       

state.  The interactive instructional program shall be developed   14,892       

to enhance the professional development, training, and             14,893       

performance of preschool staff members; the education and          14,894       

care-giving skills of the parents of preschool children; and the   14,895       

preparation of preschool aged children for learning.               14,896       

      The project shall utilize the grant and matching nonpublic   14,898       

funds to continue a direct-service program that shall include at   14,899       

least three teleconferences to be distributed by Ohio-based        14,900       

public television utilizing satellite or microwave technology in   14,901       

a manner designed to promote interactive communications between    14,902       

the program participants located at sub-sites within the Ohio      14,903       

Educational Broadcast Network or as determined by the commission.  14,904       

Program participants shall communicate with trainers and           14,905       

participants at other program sites through telecommunications     14,906       

and facsimile and on-line computer technology.  To the maximum     14,907       

extent possible, the project shall utilize systems currently       14,908       

available in state supported technology programs and conduct the   14,909       

program in a manner that promotes innovative, interactive          14,910       

communications between the program participants at all the sites.  14,912       

Parent support groups and teacher training sessions shall                       

supplement the teleconferences, and shall occur on a local basis.  14,913       

      RISE, Inc., may subcontract components of the project.       14,915       

      Individuals eligible to participate in the program shall     14,917       

include those children, their parents, custodians, or guardians,   14,918       

and preschool staff members who are eligible to participate in a   14,919       

preschool program as defined in division (A) of section 3301.52    14,920       

                                                          302    


                                                                 
and section 5104.02 of the Revised Code.                           14,921       

      (A)  In addition to the foregoing, up to $400,000 each       14,923       

fiscal year may be used by RISE, Inc., to enter into a             14,924       

competitively bid contract with a not-for-profit entity or         14,925       

entities to conduct a series of training programs for adult        14,926       

volunteers who work with adolescent youths in after school         14,927       

mentoring programs, including youth-serving organizations such as  14,928       

Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and       14,929       

public school mentor programs. The series of programs shall be     14,930       

designed to:                                                                    

      (1)  Improve the quality and effectiveness of adult          14,932       

volunteers so that they would sustain their involvement with       14,933       

youths over time. Specifically, they would improve their ability   14,934       

to motivate, supervise, and communicate with young people.         14,935       

      (2)  Improve the quality and effectiveness of adult          14,937       

volunteers so that the children they mentor, coach, teach, or      14,938       

befriend would sustain their involvement with youth-serving        14,939       

organizations over time.                                           14,940       

      (3)  Encourage collaboration between all Ohio youth-serving  14,943       

organizations, including: 4-H, Boy Scouts, Girls Scouts, Big       14,944       

Brothers, Big Sisters, and others.                                              

      (4)  Provide cost-efficient, sustainable distance learning   14,947       

to both rural and urban sites.                                                  

      (B)  In order to be eligible for the contract with RISE,     14,949       

Inc., the program participants shall be able to demonstrate that   14,950       

leading national experts in adolescent development intervention    14,951       

programs will be utilized and that such program will make use of   14,952       

a variety of media to engage participants and assist them in       14,953       

learning the goals of the program.  The program shall be designed  14,954       

to focus on the adult volunteers who assist in youth development.  14,956       

Training content shall focus on:                                                

      (1)  Development issues for youth;                           14,958       

      (2)  Best practices to motivate, guide, and communicate      14,961       

with these youths;                                                              

                                                          303    


                                                                 
      (3)  Strategies for successful adult-to-adult interpersonal  14,964       

relationships that are necessary for on-going learning and         14,965       

support.                                                                        

      The program may include: two broadcast seminars of three     14,967       

hours in length from a central up-link station, distributed in up  14,968       

to 88 counties; corporate settings and extension offices with      14,969       

on-site facilitated discussion and exercises; high                 14,970       

production-value video sought in various locations; and direct     14,971       

interactive adult learning activities.  The program shall develop  14,972       

program workbooks.  The program shall also involve at least three  14,973       

small group facilitated follow-up discussion workshops and         14,974       

development and distribution of at least two home videos.  The     14,975       

program shall also provide Internet access, interactive lines,     14,976       

bulletin board, and CD-ROM.                                        14,977       

      Private sector supporters or RISE, Inc., subcontractors      14,979       

shall match 50 per cent of the contract amount awarded under this  14,980       

program.  Upon completion of the program, a study and report       14,981       

shall be made by The Ohio State University with measurable         14,982       

outcome variables.                                                              

      Upon completion of each of the school years for which the    14,984       

grant was made, RISE, Inc., shall issue a report to the            14,985       

commission and the members of the General Assembly explaining the  14,986       

goals and objectives determined, the activities implemented, the   14,987       

progress made toward the achievement of the goals and objectives,  14,988       

and the outcome of the project.                                    14,989       

      Distance Learning                                            14,991       

      Appropriation item 228-634, Distance Learning, shall be      14,993       

distributed by the Ohio SchoolNet Commission on a grant basis to   14,994       

eligible school districts to establish "distance learning" in the  14,995       

school district.  Per the agreement with Ameritech, school         14,996       

districts are eligible for funds if they are within an Ameritech   14,997       

service area.  Funds to administer the program shall be expended   14,998       

by the commission up to the amount specified in the agreement      14,999       

with Ameritech.                                                    15,000       

                                                          304    


                                                                 
      Within 30 days of the effective date of this section, the    15,002       

Director of Budget and Management shall transfer from fund 4XI in  15,004       

the State Special Revenue Fund Group any investment earnings from  15,005       

moneys paid to the office or to the SchoolNet Commission by any    15,006       

telephone company as part of a settlement agreement between the    15,007       

company and the Public Utilities Commission in fiscal year 1995.   15,008       

      Section 12.  SCR  STATE BOARD OF PROPRIETARY SCHOOL          15,010       

                          REGISTRATION                             15,011       

General Revenue Fund                                               15,013       

GRF 233-100 Personal Services     $      377,366 $      386,822    15,018       

GRF 233-200 Maintenance           $      104,158 $      107,075    15,022       

GRF 233-300 Equipment             $        5,000 $        5,000    15,026       

TOTAL GRF General Revenue Fund    $      486,524 $      498,897    15,029       

TOTAL ALL BUDGET FUND GROUPS      $      486,524 $      498,897    15,032       

      Section 13.  TTA  OHIO TUITION TRUST AUTHORITY               15,035       

State Special Revenue Fund Group                                   15,037       

645 095-601 Operating Expenses    $    3,856,585 $    4,126,546    15,042       

TOTAL SSR State Special Revenue                                    15,043       

   Fund Group                     $    3,856,585 $    4,126,546    15,046       

TOTAL ALL BUDGET FUND GROUPS      $    3,856,585 $    4,126,546    15,049       

      Operating Expenses                                           15,052       

      The foregoing appropriation item 095-601, Operating          15,054       

Expenses, shall be used to pay the operating expenses of the Ohio  15,055       

Tuition Trust Authority.                                           15,056       

      Section 14.  Transfers of FY 1999 Ending Balances            15,058       

      (A)  Notwithstanding divisions (B)(1)(b), (B)(2), and (C)    15,059       

of section 131.44 of the Revised Code, fiscal year 1999 surplus    15,060       

revenue that would otherwise have been transferred to the Income   15,061       

Tax Reduction Fund shall be distributed as provided in division    15,062       

(B) of this section.                                                            

      (B)(1)  The first $90,000,000 of such surplus revenue shall  15,064       

be transferred from the General Revenue Fund to Fund 4Y4, the      15,065       

SchoolNet Plus Fund, in the SchoolNet Commission.                  15,066       

      (2)  All remaining surplus revenue shall be transferred to   15,068       

                                                          305    


                                                                 
Fund 021, the Public School Building Fund, and such amount is      15,069       

hereby appropriated to item CAP-622, Public School Buildings, in   15,070       

the School Facilities Commission.  Such appropriation shall        15,071       

become available on the ninety-first day after this act is filed   15,072       

with the Secretary of State.  The School Facilities Commission                  

may set aside up to ten per cent of such appropriation for the     15,073       

pilot program for low wealth school districts with exceptional     15,074       

needs for immediate classroom facility assistance that is          15,075       

described in division (B) of Section 26 of Am. Sub. H.B. 850 of    15,076       

the 122nd General Assembly.                                                     

      Section 15.  Property Tax Allocation - Education             15,078       

      The appropriation item 200-901, Property Tax Allocation -    15,079       

Education, made to the Department of Education, is appropriated    15,080       

to pay for the state's costs incurred due to the homestead         15,081       

exemption and the property tax rollback.  In cooperation with the  15,082       

Department of Taxation, the Department of Education shall                       

distribute these funds directly to the appropriate school          15,083       

districts of the state, notwithstanding the provisions in          15,084       

sections 321.24 and 323.156 of the Revised Code, which provide     15,085       

for payment of the homestead exemption and property tax rollback   15,086       

by the Tax Commissioner to the appropriate county treasurer and    15,087       

the subsequent redistribution of these funds to the appropriate                 

local taxing districts by the county auditor.                      15,088       

      The appropriation item 200-906, Tangible Tax Exemption -     15,090       

Education, made to the Department of Education, is appropriated    15,091       

to pay for the state's costs incurred due to the tangible          15,092       

personal property tax exemption required by division (C)(3) of     15,093       

section 5709.01 of the Revised Code.  In cooperation with the      15,094       

Department of Taxation, the Department of Education shall                       

distribute to each county treasurer the total amount certified by  15,095       

the county treasurer pursuant to section 319.311 of the Revised    15,096       

Code, for all school districts located in the county,              15,097       

notwithstanding the provision in section 319.311 of the Revised    15,098       

Code which provides for payment of the $10,000 tangible personal   15,099       

                                                          306    


                                                                 
property tax exemption by the Tax Commissioner to the appropriate  15,100       

county treasurer for all local taxing districts located in the     15,101       

county.  Pursuant to division (G) of section 321.24 of the         15,102       

Revised Code, the county auditor shall distribute the amount paid               

by the Department of Education among the appropriate school        15,104       

districts.                                                                      

      Upon receipt of these amounts, each school district shall    15,106       

distribute the amount among the proper funds as if it had been     15,107       

paid as real or tangible personal property taxes.  Payments for    15,108       

the costs of administration shall continue to be paid to the       15,109       

county treasurer and county auditor as provided for in sections    15,110       

319.54, 321.26, and 323.156 of the Revised Code.                                

      Any sums, in addition to the amounts specifically            15,112       

appropriated in appropriation items 200-901, Property Tax          15,114       

Allocation - Education, for the homestead exemption and the        15,115       

property tax rollback payments, and 200-906, Tangible Tax                       

Exemption - Education, for the $10,000 tangible personal property  15,116       

tax exemption payments, which are determined to be necessary for   15,117       

these purposes, are hereby appropriated.                           15,118       

      Section 16.  Personal Service Expenses                       15,120       

      Unless otherwise prohibited by law, each appropriation in    15,122       

this act from which personal service expenses are paid shall bear  15,123       

the employer's share of public employees' retirement, workers'     15,124       

compensation, disabled workers' relief, and all group insurance    15,125       

programs; the costs of centralized accounting, centralized         15,126       

payroll processing, and related personnel reports and services;    15,127       

the cost of the Office of Collective Bargaining; the cost of the   15,128       

Personnel Board of Review; the cost of the Employee Assistance     15,129       

Program; the cost of the Equal Opportunity Center; the costs of    15,130       

interagency management infrastructure and the cost of              15,132       

administering the state employee merit system as required by                    

section 124.07 of the Revised Code.  Such costs shall be           15,133       

determined in conformity with appropriate sections of law and      15,134       

paid in accordance with procedures specified by the Office of      15,135       

                                                          307    


                                                                 
Budget and Management.                                             15,136       

      Section 17.  Satisfaction of Judgments and Settlements       15,138       

Against the State                                                  15,139       

      An appropriation contained in this act may be used for the   15,141       

purpose of satisfying judgments or settlements in connection with  15,142       

civil actions against the state in federal court not barred by     15,143       

sovereign immunity or the Eleventh Amendment to the Constitution   15,144       

of the United States, or for the purpose of satisfying judgments,  15,145       

settlements, or administrative awards ordered or approved by the   15,146       

Court of Claims in connection with civil actions against the                    

state, pursuant to section 2743.15, 2743.19, or 2743.191 of the    15,147       

Revised Code.  This authorization shall not apply to               15,148       

appropriations to be applied to or used for payment of guarantees  15,149       

by or on behalf of the state, for or relating to lease payments    15,150       

or debt service on bonds, notes, or similar obligations and those  15,151       

from the School Building Program Assistance Fund (Fund 032), and                

any other fund into which proceeds of obligations are deposited.   15,153       

Nothing contained in this section is intended to subject the                    

state to suit in any forum in which it is not otherwise subject    15,154       

to suit, nor is it intended to waive or compromise any defense or  15,155       

right available to the state in any suit against it.               15,156       

      Section 18.  Lease Payments to OPFC, OBA, and Treasurer      15,158       

      Certain appropriations are in this act for the purpose of    15,160       

lease payments to the Ohio Public Facilities Commission, to the    15,162       

Ohio Building Authority, and to the Treasurer of State for the                  

purpose of paying principal and interest on bonds or notes issued  15,165       

by the Ohio Public Facilities Commission, the Ohio Building        15,166       

Authority, or the Treasurer of State pursuant to the Ohio          15,169       

Constitution and acts of the General Assembly.  If it is                        

determined that additional appropriations are necessary for this   15,170       

purpose, such amounts are hereby appropriated.                     15,171       

      Section 19.*  That Section 45.32 of Am. Sub. H.B. 117 of     15,173       

the 121st General Assembly, as amended by Am. Sub. H.B. 215 of     15,174       

the 122nd General Assembly, be amended to read as follows:         15,175       

                                                          308    


                                                                 
      "Sec. 45.32.  (A)  As used in this section:                  15,177       

      (1)  A "client district" of an educational service center    15,179       

means a city or exempted village school district that has entered  15,180       

into an agreement with that service center pursuant to section     15,181       

3313.843 of the Revised Code.                                      15,182       

      (2)  "ADM" means the combined ADM of the local school        15,184       

districts having territory in a service center and the ADM of      15,186       

each client district of such center.                               15,187       

      (B)  By June 1, 1997, in the case of any educational         15,189       

service centers that are serving only one local district pursuant  15,191       

to section 3311.051 of the Revised Code; EXCEPT AS OTHERWISE                    

PROVIDED IN DIVISION (C) OF THIS SECTION, by June 1, 1999, in the  15,193       

case of any service centers with ADMs of less than 8,000 that      15,194       

serve fewer than six local or client school districts; and by                   

June 1, 2000, in the case of any educational service centers with  15,196       

ADMs of less than 8,000 that serve six or more local or client     15,197       

school districts, the superintendents of such service centers      15,198       

shall notify the Superintendent of Public Instruction of the name  15,200       

of one or more adjacent educational service centers with which     15,201       

such service centers will merge to form joint service centers.                  

If the Superintendent does not receive such notification from a    15,202       

center serving only one local district or serving an ADM of less   15,203       

than 8,000 by the required date, the Superintendent shall          15,204       

determine one or more suitable adjacent centers for such merger    15,205       

and shall notify the superintendents and governing boards of all   15,206       

centers involved of the determination.  The centers named in the   15,207       

notification required by this section or determined by the         15,208       

Superintendent of Public Instruction pursuant to this section      15,209       

shall form a joint center pursuant to section 3311.053 of the      15,210       

Revised Code, which shall be effective on the first day of July    15,211       

immediately following notification by the service center, or by    15,212       

the Superintendent of Public Instruction, whichever applies.       15,213       

      (C)  ANY EDUCATIONAL SERVICE CENTER CREATED ON OR BEFORE     15,217       

JULY 1, 1997, UNDER A MERGER OF TWO EDUCATIONAL SERVICE CENTERS    15,219       

                                                          309    


                                                                 
PURSUANT TO SECTION 45.32 OF AM. SUB. H.B. 117 OF THE 121st        15,220       

GENERAL ASSEMBLY, WHICH SERVICE CENTERS EACH CONTAINED ONLY ONE    15,221       

LOCAL SCHOOL DISTRICT AT THE TIME OF THE MERGER SHALL COMPLY WITH  15,223       

DIVISION (B) OF THIS SECTION BY JUNE 1, 2000."                     15,224       

      Section 20.*  That existing Section 45.32 of Am. Sub. H.B.   15,226       

117 of the 121st General Assembly, as amended by Am. Sub. H.B.     15,228       

215 of the 122nd General Assembly, is hereby repealed.             15,229       

      Section 21.*  The amendment of Section 45.32 of Am. Sub.     15,231       

H.B. 117 of the 121st General Assembly, as amended by Am. Sub.     15,232       

H.B. 215 of the 122nd General Assembly, is in confirmation of an   15,233       

identical amendment to the section by Am. Sub. H.B. 770 of the     15,234       

122nd General Assembly.  Am. Sub. H.B. 770 properly amended the    15,235       

section in its body, but failed to indicate the amendment in its                

title.                                                             15,236       

      Section 22.  That Section 50.52.10 of Am. Sub. H.B. 215 of   15,238       

the 122nd General Assembly, as most recently amended by Am. Sub.   15,239       

H.B. 770 of the 122nd General Assembly, be amended to read as      15,240       

follows:                                                                        

      "Sec. 50.52.10.  (A)  As used in this subsection:            15,242       

      (1)  "Base formula amount" means the amount specified as     15,245       

such in a community school's financial plan for a school year      15,246       

pursuant to Subsection 5 of this section.                                       

      (2)  "Cost-of-doing-business factor" has the same meaning    15,248       

as in section 3317.02 of the Revised Code.                         15,250       

      (3)  "IEP" means an individualized education program AS      15,253       

defined by division (E) of IN section 3323.01 of the Revised       15,254       

Code.                                                                           

      (4)  "Average county cost" means the cost, averaged among    15,257       

school districts within a county, of providing special education   15,258       

and related services to similarly handicapped children, as         15,259       

calculated in a manner acceptable to the Superintendent of Public  15,261       

Instruction.                                                                    

      (5)  "Basic aid" means the amount computed for a district    15,263       

under divisions (A) and, (C)(1), (E), AND (F) of section 3317.022  15,265       

                                                          310    


                                                                 
of the Revised Code.                                                            

      (6)  "Guarantee funds" means any payments received by a      15,267       

school district pursuant to section 3317.0212 of the Revised       15,268       

Code.                                                                           

      (7)  "Per pupil state funds" for a district means the        15,270       

figure obtained when the sum of the district's total annual basic  15,271       

aid payments plus guarantee funds is divided by the district's     15,272       

formula ADM as certified in section 3317.03 of the Revised Code.   15,274       

      (8)  "Entitled to attend school in the district" means a     15,276       

student is entitled to attend school in a district pursuant to     15,277       

the provisions of section 3313.64 or 3313.65 of the Revised Code.  15,278       

      (B)  The state board of education shall adopt rules          15,280       

requiring both of the following:                                   15,281       

      (1)  The board of education of each city, exempted village,  15,283       

and local school district in the Lucas County area to annually     15,284       

report the number of students entitled to attend school in the     15,285       

district pursuant to section 3313.64 or 3313.65 of the Revised     15,287       

Code in grades one through twelve, and one-half of the             15,288       

kindergarten students, who are enrolled in a community school      15,289       

established under this section and for each child, both of the     15,290       

following:                                                                      

      (a)  The community school in which the child is enrolled.    15,293       

In addition, for each such child receiving special education and   15,294       

related services in a community school pursuant to an IEP the      15,295       

board shall report the average county cost for such child.         15,297       

      (b)  If the district receives disadvantaged pupil impact     15,299       

aid for the child pursuant to division (B) or divisions (C) and    15,300       

(E) of section 3317.029 of the Revised Code, the amount received   15,302       

for such child.                                                    15,303       

      (2)  The governing authority of each community school        15,305       

established under this section to annually report the number of    15,306       

students in grades one through twelve, and one-half of the         15,307       

kindergarten students, enrolled in the school who are not          15,310       

receiving special education and related services pursuant to an    15,311       

                                                          311    


                                                                 
IEP, the number of enrolled students in grades one through twelve  15,314       

and one-half of the kindergarten students who are receiving        15,315       

special education and related services pursuant to an IEP, the     15,316       

number of enrolled preschool students counted in a unit approved   15,318       

by the State Board of Education under section 3317.05 of the       15,320       

Revised Code, the community school's base formula amount, and for  15,322       

each student, the city, exempted village, or local school          15,323       

district the student is entitled to attend under section 3313.64   15,324       

or 3313.65 of the Revised Code.                                    15,325       

      (C)  From the payments made to a city, exempted village, or  15,327       

local school district under Chapter 3317. and, if necessary,       15,329       

sections 321.14 and 323.156 of the Revised Code, the Department    15,330       

of Education shall annually subtract all of the following:         15,331       

      (1)  An amount equal to the sum of the amounts obtained      15,333       

when, for each community school where the district's students are  15,334       

enrolled, the number of the district's students reported under     15,336       

division (B)(2) of this subsection in grades one through twelve,   15,337       

and one-half of the kindergarten students, who are enrolled in     15,338       

that community school and are not receiving special education and  15,339       

related services pursuant to an IEP is multiplied by the base      15,341       

formula amount of that community school as adjusted by the school  15,342       

district's cost-of-doing-business factor.                                       

      (2)  The sum of the average county costs for all district    15,344       

students reported under division (B)(2) of this subsection who     15,346       

are to be receiving special education and related services         15,347       

pursuant to an IEP in their respective community schools, less     15,349       

the sum of the prorated share for each such preschool handicapped               

student of any amounts received from state funded units or from    15,351       

any federal funds to provide special education and related         15,352       

services to students in kindergarten through grade twelve in the   15,353       

respective community schools.  This prorated share of state unit   15,355       

funding or federal funds received for each such student shall be   15,356       

determined on the basis of all such funds received by a community  15,357       

school for students receiving similar services, as calculated in   15,358       

                                                          312    


                                                                 
a manner acceptable to the Superintendent of Public Instruction.   15,359       

      (3)  An amount equal to the sum of the amounts obtained      15,361       

when, for each community school where the district's students are  15,362       

enrolled, the number of the district's students enrolled in that   15,363       

community school and residing in the district in a family          15,364       

participating in Ohio works first under Chapter 5107. of the       15,366       

Revised Code is multiplied by the per pupil amount of                           

disadvantaged pupil impact aid the school district receives that   15,368       

year under division (B) or divisions (C) and (E) of section        15,369       

3317.029 of the Revised Code.                                                   

      (D)  The Department shall annually pay to a community        15,372       

school, or to any custodian of its funds designated pursuant to    15,374       

subsection 5 of this section, all of the following:                             

      (1)  An amount equal to the sum of the amounts obtained      15,377       

when, for each school district where the community school's        15,378       

students are entitled to attend school under section 3313.64 or                 

3313.65 of the Revised Code, the number of students enrolled in    15,379       

grades one through twelve plus one-half of the kindergarten        15,381       

students in the school as reported under division (B)(2) of this   15,382       

subsection who are not receiving special education and related     15,383       

services pursuant to an IEP is multiplied by the community         15,384       

school's base formula amount, as adjusted by that school           15,385       

district's cost-of-doing-business factor;                                       

      (2)  For each student enrolled in the school receiving       15,388       

special education and related services pursuant to an IEP, an      15,389       

amount equal to the average county cost for such student, less a   15,390       

prorated share for a preschool handicapped student of any amount   15,392       

received from state funded units or for any student, a prorated    15,393       

share of any federal funds to provide special education and        15,394       

related services to students in the community school.  This        15,395       

prorated share shall be determined as described under division     15,396       

(C)(2) of this subsection.                                                      

      (3)  An amount equal to the sum of the amounts obtained      15,398       

when, for each school district where the community school's        15,399       

                                                          313    


                                                                 
students are entitled to attend school under section 3313.64 or    15,400       

3313.65 of the Revised Code, the number of that district's         15,401       

students enrolled in the community school and participating in     15,402       

Ohio works first is multiplied by the per pupil amount of          15,403       

disadvantaged pupil impact aid that school district receives that  15,405       

year under division (B) or divisions (C) and (E) of section        15,406       

3317.029 of the Revised Code.                                                   

      (E)  For purposes of counting students in average daily      15,408       

membership under section 3317.03 of the Revised Code, prior to     15,410       

the first day of classes each year in any community school         15,411       

established under this section, the parent, guardian, or           15,412       

custodian of each student who is enrolled or intends to enroll     15,413       

that year in the community school shall register the student's     15,414       

name and address with the superintendent of the school district    15,415       

in which the student is entitled to attend school.  The                         

superintendent shall include all such students in the district's   15,416       

average daily membership as if the students were enrolled during   15,417       

the first full week of October in that school year.                15,418       

      (F)  During the first year of operation of a community       15,420       

school under this section, in addition to all other payments made  15,421       

to any school district in which a student enrolled in the          15,422       

community school is entitled to attend school pursuant to Chapter  15,424       

3317. of the Revised Code, the Department of Education shall pay   15,425       

such school district for each student enrolled in the community    15,427       

school who is otherwise entitled to attend school in the district  15,428       

an amount equal to 50 per cent of the district's per pupil state   15,429       

funds.                                                                          

      (G)  A community school may apply to the Department of       15,431       

Education for ANY GIFTED OR preschool handicapped or gifted unit   15,432       

funding the school would receive if it were a school district.     15,436       

Upon request of its governing authority, a community school that   15,437       

received unit funding as a school district-operated school before  15,438       

it was converted to a community school shall retain any units      15,439       

awarded to it as a school district-operated school, provided the   15,440       

                                                          314    


                                                                 
school continues to meet eligibility standards for the unit.       15,441       

      A community school shall be considered a school district     15,443       

and its governing authority shall be considered a board of         15,444       

education for the purpose of applying to any state or federal      15,445       

agency for grants that a school district may receive under         15,446       

federal or state law or any appropriations act of the General      15,447       

Assembly.  The governing authority of a community school may       15,448       

apply to any private entity for additional funds.                  15,449       

      (H)  A board of education sponsoring a community school may  15,451       

utilize local funds to make enhancement grants to the school or    15,452       

may agree, either as part of the contract or separately, to        15,453       

provide any specific services to the community school at no cost   15,454       

to the school.                                                                  

      (I)  A community school may not levy taxes or issue bonds    15,456       

secured by tax revenues.                                           15,457       

      (J)  No community school shall charge tuition for the        15,459       

enrollment of any student.                                         15,460       

      (K)  A community school may borrow money to pay any          15,462       

necessary and actual expenses of the school in anticipation of     15,464       

the receipt of any portion of the payments to be received by the   15,465       

school pursuant to division (D) of this subsection.  The school    15,466       

may issue notes to evidence such borrowing to mature no later      15,467       

than the end of the fiscal year in which such money was borrowed.  15,468       

The proceeds of the notes shall be used only for the purposes for  15,470       

which the anticipated receipts may be lawfully expended by the     15,471       

school.                                                                         

      (L)  For purposes of determining the number of students for  15,473       

which division (D)(3) of this subsection applies in any school     15,475       

year, a community school may submit to the state Department of     15,477       

Human Services, no later than the first day of March, a list of    15,478       

the students enrolled in the school.  For each student on the      15,479       

list, the community school shall indicate the student's name,      15,480       

address, and date of birth and the school district where the                    

student is entitled to attend school under section 3313.64 or      15,481       

                                                          315    


                                                                 
3313.65 of the Revised Code.  Upon receipt of a list under this    15,482       

division, the Department of Human Services shall determine, for    15,483       

each school district where one or more students on the list are    15,484       

entitled to attend school under section 3313.64 or 3313.65 of the  15,485       

Revised Code, the number of students residing in that school                    

district who were included in the Department's report required by  15,487       

section 3317.10 of the Revised Code.  The Department shall make    15,488       

this determination on the basis of information readily available   15,489       

to it.  Upon making this determination and no later than ninety    15,490       

days after submission of the list by the community school, the     15,491       

Department shall report to the state Department of Education the                

number of students on the list who reside in each school district  15,492       

who were included in the Department's report made pursuant to      15,493       

section 3317.10 of the Revised Code.  In complying with this       15,495       

division, the Department of Human Services shall not report to     15,496       

the state Department of Education any personally identifiable      15,497       

information on any student."                                                    

      Section 23.  That existing Section 50.52.10 of Am. Sub.      15,499       

H.B. 215 of the 122nd General Assembly, as most recently amended   15,500       

by Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby      15,501       

repealed.                                                                       

      Section 24.  That Section 50.52.11 of Am. Sub. H.B. 215 of   15,503       

the 122nd General Assembly be amended to read as follows:          15,504       

      "Sec. 50.52.11.  The AS USED IN THIS SUBSECTION, "NATIVE     15,506       

STUDENT" MEANS A STUDENT ENTITLED UNDER SECTION 3313.64 OR         15,507       

3313.65 OF THE REVISED CODE TO ATTEND SCHOOL IN THE SCHOOL         15,508       

DISTRICT.                                                                       

      THE board of education of the EACH city, local, or AND       15,511       

exempted village school district in which a community school is    15,512       

located THE LUCAS COUNTY AREA shall provide transportation to AND  15,514       

FROM SCHOOL FOR ITS DISTRICT'S NATIVE students WHO ARE enrolled    15,515       

in the A community school within the boundaries of the district,   15,518       

except that the board shall be required to pick up and drop off a  15,519       

nonhandicapped student only at a regular school bus stop           15,520       

                                                          316    


                                                                 
designated in accordance with the board's transportation policy.   15,521       

A school board is not required to provide transportation to a      15,522       

resident student attending a community school outside the                       

district LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME  15,523       

BASIS THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS      15,524       

ENROLLED IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF     15,525       

EDUCATION AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE   15,526       

FROM SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED   15,527       

BY THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS             15,528       

UNNECESSARY OR UNREASONABLE.  A BOARD SHALL NOT BE REQUIRED TO     15,529       

TRANSPORT NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL   15,530       

LOCATED IN ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD     15,531       

REQUIRE MORE THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS          15,532       

MEASURED BY SCHOOL BUS FROM THE COLLECTION POINT DESIGNATED BY     15,533       

THE DISTRICT'S COORDINATOR OF SCHOOL TRANSPORTATION.                            

      WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A   15,536       

COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF                  

PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER     15,537       

PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE    15,538       

PARENT, GUARDIAN, OR OTHER PERSON.  THE AMOUNT PAID PER PUPIL      15,539       

SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER       15,540       

PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF       15,541       

CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT  15,542       

PRECEDING YEAR."                                                   15,543       

      Section 25.  That existing Section 50.52.11 of Am. Sub.      15,545       

H.B. 215 of the 122nd General Assembly is hereby repealed.         15,546       

      Section 26.  That Section 18 of Am. Sub. H.B. 650 of the     15,548       

122nd General Assembly, as most recently amended by Am. Sub. H.B.  15,549       

850 of the 122nd General Assembly, be amended to read as follows:  15,550       

      "Sec. 18.  (A)  As used in this section:                     15,552       

      (1)  "FY 1998 state aid" means the total amount of state     15,554       

money received by a school district for fiscal year 1998 as        15,556       

reported on the Department of Education's form "SF-12," adjusted   15,557       

as follows:                                                        15,558       

                                                          317    


                                                                 
      (a)  Minus any amounts for approved preschool handicapped    15,561       

units;                                                                          

      (b)  Minus any additional amount attributable to the         15,564       

reappraisal guarantee of division (C) of section 3317.04 of the    15,565       

Revised Code;                                                                   

      (c)  Plus the amount deducted for payments to an             15,567       

educational service center;                                        15,568       

      (d)  Plus an estimated portion of the state money            15,570       

distributed in fiscal year 1998 to other school districts or       15,571       

educational service centers for approved units, other than         15,572       

preschool handicapped or gifted education units, attributable to   15,573       

the costs of providing services in those units to students         15,574       

entitled to attend school in the district;                         15,575       

      (e)  Minus an estimated portion of the state money           15,577       

distributed to the school district in fiscal year 1998 for         15,578       

approved units, other than preschool handicapped units or gifted   15,579       

education units, attributable to the costs of providing services   15,580       

in those units to students entitled to attend school in another    15,581       

school district;                                                   15,582       

      (f)  Plus any additional amount paid pursuant to the         15,585       

vocational education recomputation required by former Section      15,586       

50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly;      15,588       

      (g)  Plus any additional amount paid pursuant to the         15,591       

special education recomputation required by former division (I)    15,592       

of section 3317.023 of the Revised Code;                           15,593       

      (h)  Plus any amount paid for equity aid under section       15,596       

3317.0213 of the Revised Code;                                                  

      (i)  Plus any amount received for that year pursuant to      15,598       

section 3317.027 of the Revised Code;                              15,599       

      (j)  Plus any amount received for that year pursuant to a    15,601       

recomputation made under division (B) of section 3317.022 of the   15,602       

Revised Code.                                                                   

      (2)  "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS       15,605       

DEFINED IN THE VERSION OF THIS SECTION IN EFFECT FOR FISCAL YEAR                

                                                          318    


                                                                 
1999.                                                                           

      (3)  "FY 2000 state aid," "FY 2001 state aid," and "FY 2002  15,610       

state aid" mean the total amount of state money a school district  15,611       

is eligible to receive for the applicable fiscal year under        15,612       

divisions (A), (B), (C)(1), and (D), AND (F) of section 3317.022   15,613       

and sections 3317.025, 3317.027, 3317.029, 3317.0212, and          15,615       

3317.0213 of the Revised Code, plus any amount for which the       15,616       

district is eligible pursuant to division (C) of section           15,618       

3317.023, divisions DIVISION (G) and (P) of section 3317.024, and  15,620       

division (B) of section 3317.162 of the Revised Code, and prior    15,621       

to any deductions or credits required by division (B), (D), (E),   15,622       

(F), (G), (H), (I), (J), or (K) of section 3317.023 or division    15,624       

(J) of section 3317.029 of the Revised Code.                       15,625       

      (3)(4)  "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE   15,628       

AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE          15,629       

APPLICATION OF DIVISION (B) OF THIS SECTION, ADJUSTED AS FOLLOWS:  15,630       

      (a)  PLUS AN ESTIMATED PORTION OF THE STATE MONEY            15,632       

DISTRIBUTED IN FISCAL YEAR 1999 TO OTHER SCHOOL DISTRICTS OR       15,633       

EDUCATIONAL SERVICE CENTERS FOR APPROVED GIFTED EDUCATION UNITS,   15,634       

ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO  15,635       

STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;                             

      (b)  MINUS AN ESTIMATED PORTION OF THE STATE MONEY           15,637       

DISTRIBUTED TO THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FOR         15,638       

APPROVED GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF      15,639       

PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND   15,640       

SCHOOL IN ANOTHER DISTRICT.                                                     

      (5)  "FY 2000 actual aid," AND "FY 2001 actual aid," and     15,645       

"FY 2002 actual aid" means MEAN the amount of the state aid        15,646       

described in division (A)(2) of this section that was actually     15,647       

paid to a school district in the applicable fiscal year after the  15,649       

application of divisions (B)(C) to (E) of this section.                         

      (4)(6)  "FY 1998 ADM," "formula ADM," and "three-year        15,652       

average formula ADM" have the meanings prescribed in section       15,653       

3317.02 of the Revised Code.                                       15,654       

                                                          319    


                                                                 
      (5)(7)  "All-day kindergarten" has the meaning prescribed    15,656       

in section 3317.029 of the Revised Code.                           15,657       

      (8)  "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED      15,659       

VILLAGE SCHOOL DISTRICT.                                           15,660       

      (B)  In fiscal year 1999, notwithstanding any provision of   15,663       

law to the contrary, no school district shall receive FY 1999                   

state aid that is more than the greater of the following:          15,665       

      (1)  110 per cent of FY 1998 state aid;                      15,667       

      (2)  [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater  15,670       

of fiscal year 1999 formula ADM or three-year average formula      15,671       

ADM.                                                                            

      If a district's projected FY 1999 state aid is more than     15,673       

the greater of division (B)(1) or (2) of this section, such        15,675       

district shall receive only the greater of division (B)(1) or (2)  15,677       

of this section in fiscal year 1999.                               15,678       

      (C)  In fiscal year 2000, notwithstanding any provision of   15,681       

law to the contrary, no school district shall receive FY 2000                   

state aid that is more than the greater of the following:          15,682       

      (1)  110 per cent of ADJUSTED FY 1999 actual aid;            15,684       

      (2)  [1.06 X (ADJUSTED FY 1999 actual aid/fiscal year 1999   15,687       

formula ADM)< X the greater of fiscal year 2000 formula ADM or     15,689       

three-year average formula ADM.                                                 

      If a district's projected FY 2000 state aid is more than     15,691       

the greater of division (C)(1) or (2) of this section, such        15,692       

district shall receive only the greater of division (C)(1) or (2)  15,694       

of this section in fiscal year 2000.                               15,695       

      (D)  In fiscal year 2001, notwithstanding any provision of   15,698       

law to the contrary, no school district shall receive FY 2001                   

state aid that is more than the greater of the following:          15,699       

      (1)  110 per cent of FY 2000 actual aid;                     15,702       

      (2)  [1.06 X (FY 2000 actual aid/fiscal year 2000 formula    15,705       

ADM)< X the greater of fiscal year 2001 formula ADM or three-year  15,706       

average formula ADM.                                                            

      If a district's projected FY 2001 state aid is more than     15,708       

                                                          320    


                                                                 
the greater of division (D)(1) or (2) of this section, such        15,710       

district shall receive only the greater of division (D)(1) or (2)  15,713       

of this section in fiscal year 2001.                                            

      (E)  In fiscal year 2002, notwithstanding any provision of   15,716       

law to the contrary, no school district shall receive FY 2002                   

state aid that is more than the greater of the following:          15,717       

      (1)  110 per cent of FY 2001 actual aid;                     15,720       

      (2)  [1.06 X (FY 2001 actual aid/fiscal year 2001 formula    15,723       

ADM)< X the greater of fiscal year 2002 formula ADM or three-year  15,724       

average formula ADM.                                                            

      If a district's projected FY 2002 state aid is more than     15,726       

the greater of division (E)(1) or (2) of this section, such        15,728       

district shall receive only the greater of division (E)(1) or (2)  15,730       

of this section in fiscal year 2002.                               15,731       

      (F)  This division and division (G) of this section apply    15,733       

only to districts subject to division (F) of section 3317.029 of   15,734       

the Revised Code.  As used in this division and division (G) of    15,736       

this section:                                                                   

      (1)  "Capped district" means a district that pursuant to     15,738       

division (B), (C), (D), or (E) of this section will not receive    15,740       

the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state     15,741       

aid.                                                                            

      (2)  "DPIA funds" means:                                     15,743       

      (a)  In FY 1998, the amount calculated for the district      15,745       

pursuant to division (B) of section 3317.023 of the Revised Code   15,746       

as it existed in that fiscal year;                                 15,747       

      (b)  In any fiscal year after FY 1998, the total amount      15,749       

calculated for the district for that fiscal year pursuant to       15,750       

section 3317.029 of the Revised Code.                              15,751       

      (3)  "Exempt DPIA portion" means:                            15,753       

      (a)  In the case of any district other than a capped         15,755       

district, an amount equal to zero;                                 15,756       

      (b)  In the case of a capped district, the amount resulting  15,758       

from the application of the following formula:                     15,759       

                                                          321    


                                                                 
              (The district's DPIA funds for the year of           15,761       

         the calculation minus the district's DPIA funds for       15,762       

        FY 1998) minus (the district's actual aid for the year     15,763       

      of the calculation minus the district's FY 1998 state aid)   15,764       

      However, if this formula produces a negative number, the     15,766       

district's exempt DPIA portion is zero.                            15,767       

      (4)  "Required all-day kindergarten" for a district means    15,769       

the provision of all-day kindergarten to the number of students    15,770       

in the district's kindergarten percentage specified pursuant to    15,771       

division (H)(1) of section 3317.029 of the Revised Code.           15,772       

      (G)  Notwithstanding any provision of law to the contrary:   15,774       

      (1)  In the case of any district, the district's DPIA funds  15,776       

are hereby deemed to first consist of any disadvantaged pupil      15,777       

impact aid calculated for the district for all-day kindergarten    15,778       

under division (D) of section 3317.029 of the Revised Code, and    15,779       

to next consist of any disadvantaged pupil impact aid calculated   15,780       

for the district under divisions (C) and (E) of section 3317.029   15,781       

of the Revised Code.  Each district shall expend whatever funds    15,782       

necessary to ensure provision of its required all-day                           

kindergarten.                                                      15,783       

      (2)  In FY 1999, a district shall expend for the purposes    15,785       

of section 3317.029 of the Revised Code an amount equal to at      15,786       

least twenty-five per cent of the resultant derived from           15,787       

subtracting the district's exempt DPIA portion from the amount     15,788       

calculated for the district under divisions (C) and (E) of         15,789       

section 3317.029 of the Revised Code.                                           

      (3)  In FY 2000, a district shall expend for the purposes    15,791       

of section 3317.029 of the Revised Code an amount equal to at      15,792       

least fifty per cent of the resultant derived from subtracting     15,793       

the district's exempt DPIA portion from the amount calculated for  15,794       

the district under divisions (C) and (E) of section 3317.029 of    15,795       

the Revised Code.                                                               

      (4)  In FY 2001, a district shall expend for the purposes    15,797       

of section 3317.029 of the Revised Code an amount equal to at      15,798       

                                                          322    


                                                                 
least seventy-five per cent of the resultant derived from          15,799       

subtracting the district's exempt DPIA portion from the amount     15,800       

calculated for the district under divisions (C) and (E) of         15,801       

section 3317.029 of the Revised Code.                                           

      (5)  In FY 2002 and thereafter, a district shall expend one  15,803       

hundred per cent of its DPIA funds for the purposes of section     15,804       

3317.029 of the Revised Code.                                      15,805       

      (6)  Districts shall comply with the requirements of         15,807       

division (G) of section 3317.029 of the Revised Code."             15,808       

      Section 27.  That existing Section 18 of Am. Sub. H.B. 650   15,810       

of the 122nd General Assembly, as most recently amended by Am.     15,811       

Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed.   15,812       

      Section 28.  That Sections 6, 30.07, 30.10, and 31 of Am.    15,814       

Sub. H.B. 850 of the 122nd General Assembly be amended to read as  15,816       

follows:                                                                        

      "Sec. 6.  The items set forth in this section are hereby     15,818       

appropriated out of any moneys in the state treasury to the        15,820       

credit of the Public School Building Fund (Fund 021), which are    15,821       

not otherwise appropriated.  Appropriations                                     

                                                   APPROPRIATIONS  15,823       

                SFC  SCHOOL FACILITIES COMMISSION                  15,824       

CAP-622  Public School Buildings                $  145,000,000     15,827       

CAP-777  Disability Access Projects             $    5,000,000     15,829       

Total School Facilities Commission              $  150,000,000     15,831       

Total Public School Building Fund               $  150,000,000     15,833       

      DISABILITY ACCESS PROJECTS                                   15,837       

      THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS  15,840       

PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS  15,841       

SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH                    

DISABILITIES.                                                      15,842       

      (A)  AS USED IN THIS SECTION:                                15,844       

      (1)  "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL     15,846       

DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF    15,847       

SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER   15,848       

                                                          323    


                                                                 
DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE.              15,849       

      (2)  "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED      15,851       

VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS   15,852       

ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN         15,853       

DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT       15,854       

SECTION EXISTED PRIOR TO JULY 1, 1998.                                          

      (3)  "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE  15,856       

VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED    15,857       

BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION        15,858       

3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY  15,859       

1, 1998.                                                                        

      (B)  THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR  15,862       

AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL     15,863       

LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,                

OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF     15,864       

WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY        15,865       

HANDICAPPED PERSONS.  THE RULES SHALL INCLUDE APPLICATION          15,866       

PROCEDURES.  NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER     15,867       

THIS SECTION IN EXCESS OF $100,000.  IN ADDITION, ANY SCHOOL       15,868       

DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE  15,869       

PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE          15,870       

PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.                                  

      Sec. 30.07.  Reimbursements for Project Costs                15,872       

      Appropriations made in Sections 30.02 to 30.06 30.45 of      15,874       

this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for       15,878       

purposes of costs of capital facilities for the interim financing  15,879       

of which the particular institution has previously issued its own  15,880       

obligations anticipating the possibility of future state           15,881       

appropriations to pay all or a portion of such costs, as           15,882       

contemplated in division (B) of section 3345.12 of the Revised                  

Code, shall be paid directly to the institution or the paying      15,883       

agent for those outstanding obligations in the full principal      15,884       

amount of those obligations then to be paid from the anticipated   15,885       

appropriation, and shall be timely applied to the retirement of a  15,886       

                                                          324    


                                                                 
like principal amount of the institutional obligations.                         

      Appropriations made in Sections 30.02 to 30.06 30.45 of      15,888       

this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for       15,892       

purposes of costs of capital facilities, all or a portion of       15,893       

which costs the particular institution has paid from the           15,894       

institution's moneys that were temporarily available and which     15,895       

payments were reasonably expected to be reimbursed from the        15,896       

proceeds of obligations issued by the state, shall be directly                  

paid to the institution in the full amounts of those payments,     15,898       

and shall be timely applied to the reimbursement of those          15,899       

temporarily available moneys.                                                   

      Sec. 30.10.  CSU  CENTRAL STATE UNIVERSITY                   15,901       

CAP-022  Basic Renovations                      $      804,400     15,904       

CAP-083  Master Plan/Supplemental Renovations   $    2,449,400     15,906       

CAP-084  College of Education Facility -                           15,907       

         Planning                               $    1,000,000     15,908       

Total Central State University                  $    4,253,800     15,910       

      College of Education Facility - Planning                     15,913       

      The foregoing appropriation item CAP-084, College of         15,915       

Education Facility - Planning, shall not be released by the        15,917       

Controlling Board or the Director of Budget and Management until   15,918       

Central State University has satisfactorily completed a            15,919       

Campus-wide Master Plan, and has made progress satisfactory to                  

the Board of Regents and the Office of Budget and Management in    15,921       

completing the correction of its outstanding adjudication orders   15,922       

as issued by the Department of Commerce.  Such progress shall      15,923       

include the development of a plan to comply with all remaining     15,924       

adjudication orders by the end of fiscal year 2000.  This                       

appropriation shall not be included in the calculation of Central  15,925       

State University's debt service obligation until fiscal year       15,926       

2002.                                                                           

      Sec. 31.  Debt Service Formula Allocation                    15,928       

      Based on the foregoing appropriations in Sections 30 and     15,930       

30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL  15,932       

                                                          325    


                                                                 
ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the    15,933       

following higher education institutions shall be responsible for   15,934       

the specified amounts as part of the debt service component of     15,936       

the instructional subsidy beginning in fiscal year 2000:                        

     Institution                                        Amount     15,938       

University of Akron                                  $10,800,000   15,939       

University of Akron - Wayne                          $   675,000   15,940       

Bowling Green State University                       $14,013,310   15,941       

Bowling Green State University - Firelands           $ 2,056,440   15,942       

Central State University                             $ 2,449,400   15,943       

University of Cincinnati                             $39,386,650   15,944       

University of Cincinnati - Walters                   $ 3,445,212   15,945       

Cleveland State University                           $16,719,670   15,946       

Kent State University                                $17,644,310   15,947       

Kent State University - Ashtabula                    $   575,000   15,948       

Kent State University - East Liverpool               $   570,980   15,949       

Kent State University - Geauga                       $    60,000   15,950       

Kent State University - Salem                        $   288,310   15,951       

Kent State University - Stark                        $ 1,743,360   15,952       

Kent State University - Trumbull                     $   175,000   15,953       

Kent State University - Tuscarawas                   $    75,000   15,954       

Miami University                                     $18,400,000   15,955       

                                                      17,400,000   15,956       

Miami University - Hamilton                          $   969,540   15,957       

Miami University - Middletown                        $ 1,568,330   15,958       

Ohio State University                                $80,760,310   15,959       

                                                      77,760,310   15,960       

Ohio State University - Lima                          $2,152,620   15,961       

                                                       1,118,330   15,962       

Ohio State University - Mansfield                    $   850,000   15,963       

Ohio State University - Marion                       $   408,000   15,964       

Ohio State University - ATI                          $ 1,560,000   15,965       

Ohio University                                      $26,700,280   15,966       

                                                      21,700,280   15,967       

                                                          326    


                                                                 
Ohio University - Eastern                            $   398,040   15,968       

Ohio University - Chillicothe                        $   953,030   15,969       

Ohio University - Lancaster                          $ 1,116,760   15,970       

Ohio University - Zanesville                         $ 1,136,920   15,971       

Shawnee State University                             $ 1,751,500   15,972       

University of Toledo                                 $19,800,000   15,973       

Wright State University                              $11,300,000   15,974       

Youngstown State University                          $ 9,200,000   15,975       

Medical College of Ohio                              $ 5,442,150   15,976       

Northeastern Ohio Universities College of Medicine    $3,425,580   15,978       

                                                       3,443,313   15,979       

Cincinnati State Technical and Community College     $ 1,036,000   15,980       

Columbus State Community College                     $ 1,500,000   15,981       

Cuyahoga Community College                           $ 6,800,000   15,982       

Edison State Community College                       $    50,000   15,983       

Jefferson Community College                          $   817,165   15,984       

Lakeland Community College                           $ 3,165,340   15,985       

Lorain Community College                             $   100,000   15,986       

Owens Community College                              $ 3,747,260   15,987       

Rio Grande Community College                         $   636,000   15,988       

Hocking Technical College                            $ 2,924,325   15,989       

Lima Technical College                               $   900,000   15,990       

Marion Technical College                             $    52,700   15,991       

North Central Technical College                      $   750,000   15,992       

Stark Technical College                              $ 1,253,252   15,993       

      Institutions not listed above shall not have a debt service  15,996       

obligation as a result of these appropriations.                    15,997       

      Within sixty days after the effective date of this section   15,999       

NOT LATER THAN MAY 17, 1999, any institution of higher education   16,001       

may notify the Board of Regents of its intention not to proceed    16,002       

with any project appropriated in this act AM. SUB. H.B. OF THE     16,003       

122nd GENERAL ASSEMBLY.  Upon receiving such notification, the     16,005       

Board of Regents may release the institution from its debt                      

service obligation for the specific project."                      16,006       

                                                          327    


                                                                 
      Section 29.  That existing Sections 6, 30.07, 30.10, and 31  16,008       

of Am. Sub. H.B. 850 of the 122nd General Assembly are hereby      16,010       

repealed.                                                                       

      Section 30.*  That Section 26 of Am. Sub. H.B. 850 of the    16,012       

122nd General Assembly be amended to read as follows:              16,014       

      "Sec. 26.  (A)  All items set forth in this section are      16,016       

hereby appropriated out of any moneys in the state treasury to     16,017       

the credit of the School Building Program Assistance Fund (Fund    16,018       

032) created under section 3318.25 of the Revised Code, derived    16,019       

from the proceeds of obligations heretofore and herein authorized  16,020       

to pay the cost to the state of acquiring classroom facilities     16,021       

for sale to school districts pursuant to sections 3318.01 to       16,022       

3318.20 of the Revised Code.                                       16,023       

                                                   Appropriations  16,025       

                SFC  SCHOOL FACILITIES COMMISSION                  16,026       

CAP-737  School Building Program Assistance     $  355,000,000     16,029       

Total School Facilities Commission              $  355,000,000     16,031       

Total School Building Program Assistance Fund   $  355,000,000     16,033       

      School Building Program Assistance                           16,036       

      The foregoing appropriation item CAP-737, School Building    16,038       

Program Assistance, shall be used by the School Facilities         16,039       

Commission to provide funding to school districts that receive     16,040       

conditional approval from the Commission pursuant to Chapter       16,041       

3318. of the Revised Code.                                                      

      Commitments by the School Facilities Commission              16,043       

      The School Facilities Commission shall not commit at least   16,045       

$300 million of the combined amounts of the foregoing              16,046       

appropriations items CAP-622, Public School Buildings (Fund 021),  16,047       

and CAP-737, Public School Building Assistance (Fund 032), until   16,048       

after June 30, 1999.                                                            

      (B)(1)  As used in this division:                            16,050       

      (a)  "Low wealth school district" means a school district    16,052       

in the lowest fifty per cent of adjusted valuation per pupil on    16,053       

the fiscal year 1999 ranking of school districts, established      16,054       

                                                          328    


                                                                 
pursuant to section 3317.02 3317.0213 of the Revised Code.         16,055       

      (b)  A "school district with an exceptional need for         16,057       

immediate CLASSROOM facility assistance" means a school district   16,059       

with an exceptional need for new facilities in order to protect    16,060       

the health and safety of all or a portion of its students.         16,061       

School districts reasonably expected to be served by the                        

Classroom Facilities Assistance Program prior to June 30, 2002,    16,063       

in THE order provided under divisions (C)(1) and (2) of section    16,065       

3318.06 3318.02 of the Revised Code, are excluded from             16,067       

participating in this exceptional needs pilot program.             16,068       

      (2)  Of the $300,000,000 the School Facilities Commission    16,070       

shall not commit until after June 30, 1999, the School Facilities  16,071       

Commission may set aside up to ten per cent for the pilot program  16,073       

for low wealth school districts with exceptional needs for         16,074       

immediate classroom facility assistance.                                        

      (3)(a)  After consulting with education and construction     16,076       

experts, the School Facilities Commission shall adopt guidelines   16,077       

for identifying school districts with an exceptional need for      16,078       

immediate classroom facility assistance.                           16,079       

      (b)  The guidelines shall include application forms and      16,081       

instructions for school districts that believe they have an        16,082       

exceptional need for immediate classroom facility assistance.      16,083       

      (4)  The School Facilities Commission shall evaluate the     16,085       

classroom facilities, and the need for replacement classroom       16,086       

facilities from the applications received under this section.      16,087       

The School Facilities Commission, utilizing the guidelines         16,088       

adopted pursuant to division (B)(3) of this section, shall                      

prioritize the school districts to be assessed.                    16,089       

      In accordance with division (C)(3) of NOTWITHSTANDING        16,091       

section 3318.02 of the Revised Code, the School Facilities         16,093       

Commission may conduct on-site evaluation of the school districts  16,094       

prioritized under this section and approve and award funds until                

such time as all funds set aside pursuant to division (B)(2) of    16,096       

this section have been encumbered pursuant to section 3318.04 of   16,097       

                                                          329    


                                                                 
the Revised Code.                                                               

      (5)  NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE  16,100       

REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL                 

BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT        16,101       

PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT     16,102       

COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE       16,103       

REVISED CODE."                                                                  

      Section 31.*  That existing Section 26 of Am. Sub. H.B. 850  16,105       

of the 122nd General Assembly is hereby repealed.                  16,106       

      Section 32.*  On the effective date of this section, the     16,108       

Ohio SchoolNet Office is abolished and all of its functions, and   16,109       

assets and liabilities, are transferred to the Ohio SchoolNet      16,110       

Commission.  The Ohio SchoolNet Commission is thereupon and        16,111       

thereafter successor to, assumes the obligations of, and           16,112       

otherwise constitutes the continuation of the Ohio SchoolNet       16,113       

Office.                                                                         

      Any business commenced but not completed by the Ohio         16,115       

SchoolNet Office or its director on the effective date of this     16,116       

section shall be completed by the Ohio SchoolNet Commission or     16,117       

its executive director in the same manner, and with the same       16,118       

effect, as if completed by the Ohio SchoolNet Office or its        16,119       

director.  No validation, cure, right, privilege, remedy,          16,120       

obligation, or liability is lost or impaired by reason of the      16,121       

transfer required by this section and shall be administered by     16,122       

the Ohio SchoolNet Commission.  All of the Ohio SchoolNet          16,123       

Office's rules, orders, and determinations continue in effect as   16,124       

rules, orders, and determinations of the Ohio SchoolNet            16,125       

Commission, until modified or rescinded by the Ohio SchoolNet      16,126       

Commission.  If necessary to ensure the integrity of the           16,127       

numbering of the Administrative Code the Director of the           16,128       

Legislative Service Commission shall renumber the Ohio SchoolNet   16,129       

Office's rules to reflect their transfer to the Ohio SchoolNet     16,130       

Commission.                                                                     

      Subject to the lay-off provisions of sections 124.321 to     16,132       

                                                          330    


                                                                 
124.328 of the Revised Code, all of the employees of the Ohio      16,133       

SchoolNet Office are transferred to the Ohio SchoolNet Commission  16,134       

and retain their positions and all of the benefits accruing        16,135       

thereto.                                                                        

      Whenever the Ohio SchoolNet Office or its director is        16,137       

referred to in any law, contract, or other document, the           16,138       

reference shall be deemed to refer to the Ohio SchoolNet           16,139       

Commission or its executive director, whichever is appropriate.    16,140       

      No action or proceeding pending on the effective date of     16,142       

this section is affected by the transfer, and shall be prosecuted  16,143       

or defended in the name of the Ohio SchoolNet Commission or its    16,144       

executive director.  In all such actions and proceedings, the      16,145       

Ohio SchoolNet Commission or its executive director upon           16,146       

application to the court shall be substituted as a party.          16,147       

      Section 33.  Except as otherwise specifically provided in    16,149       

this act, the codified sections of law amended or enacted in this  16,150       

act, and the items of law of which the codified sections of law    16,151       

amended or enacted in this act are composed, are subject to the    16,152       

referendum.  Therefore, under Ohio Constitution, Article II,       16,153       

Section 1c and section 1.471 of the Revised Code, the codified     16,154       

sections of law amended or enacted by this act, and the items of   16,155       

law of which the codified sections of law as amended or enacted    16,156       

by this act are composed, take effect on the ninety-first day      16,157       

after this act is filed with the Secretary of State.  If,          16,158       

however, a referendum petition is filed against any such codified  16,159       

section of law as amended or enacted by this act, or against any   16,160       

item of law of which any such codified section of law as amended   16,161       

or enacted by this act is composed, the codified section of law    16,162       

as amended or enacted, or item of law, unless rejected at the      16,163       

referendum, takes effect at the earliest time permitted by law.    16,164       

      Section 34.  Except as otherwise specifically provided in    16,166       

this act, the repeal by this act of a codified section of law is   16,167       

subject to the referendum.  Therefore, under Ohio Constitution,    16,168       

Article II, Section 1c and section 1.471 of the Revised Code, the  16,169       

                                                          331    


                                                                 
repeal by this act of a codified section of law takes effect on    16,170       

the ninety-first day after this act is filed with the Secretary    16,171       

of State.  If, however, a referendum petition is filed against     16,172       

any such repeal, the repeal, unless rejected at the referendum,    16,173       

takes effect at the earliest time permitted by law.                16,174       

      Section 35.  Sections 3313.21, 3314.03, 3314.06, 3314.08,    16,176       

3314.09, 3314.11, 3316.05, 3316.06, 3317.014, 3317.02, 3317.022,   16,177       

3317.023, 3317.024, 3317.0212, 3317.0216, 3317.03, 3317.033,       16,178       

3317.05, 3317.051, 3317.082, 3317.11, 3317.16, 3317.162, 3318.33,  16,179       

3332.05, 3332.07, 3333.12, 3333.27, and 5910.032 of the Revised    16,180       

Code as amended or enacted by this act, and the items of law of    16,181       

which such sections as amended or enacted by this act are          16,182       

composed, are not subject to the referendum.  Therefore, under     16,183       

Ohio Constitution, Article II, Section 1d and section 1.471 of     16,184       

the Revised Code, such sections as amended or enacted by this      16,185       

act, and the items of law of which such sections as amended or     16,186       

enacted by this act are composed, go into immediate effect when    16,187       

this act becomes law.                                              16,188       

      Section 36.  The repeal by this act of sections 3317.053     16,190       

and 3317.16 of the Revised Code is not subject to the referendum.  16,191       

Therefore, under Ohio Constitution, Article II, Section 1d and     16,192       

section 1.471 of the Revised Code, the repeals go into immediate   16,193       

effect when this act becomes law.                                  16,194       

      Section 37.  Except as otherwise specifically provided in    16,196       

this act, the uncodified sections of law amended or enacted in     16,197       

this act, and the items of law of which the uncodified sections    16,198       

of law amended or enacted in this act are composed, are not        16,199       

subject to the referendum.  Therefore, under Ohio Constitution,    16,200       

Article II, Section 1d and section 1.471 of the Revised Code, the  16,201       

uncodified sections of law amended or enacted in this act, and     16,202       

the items of law of which the uncodified sections of law amended   16,203       

or enacted in this act are composed, go into immediate effect      16,204       

when this act becomes law.                                         16,205       

      Section 38.  Uncodified sections of law amended or enacted   16,207       

                                                          332    


                                                                 
in this act, and items of law contained within the uncodified      16,208       

sections of law amended or enacted in this act, that are marked    16,209       

with an asterisk are subject to the referendum.  Therefore, under  16,210       

Ohio Constitution, Article II, Section 1c and section 1.471 of     16,211       

the Revised Code, the uncodified sections and items of law marked  16,212       

with an asterisk take effect on the ninety-first day after this    16,213       

act is filed with the Secretary of State.  If, however, a          16,214       

referendum petition is filed against an uncodified section or      16,215       

item of law marked with an asterisk, the uncodified section or     16,216       

item of law marked with an asterisk, unless rejected at the        16,217       

referendum, takes effect at the earliest time permitted by law.    16,218       

      If the amending and existing repeal clauses commanding an    16,220       

amendment of an uncodified section of law are both marked with     16,221       

asterisks, the uncodified section as amended is deemed also to     16,223       

have been marked with an asterisk.                                              

      An asterisk marking an uncodified section or item of law     16,225       

has the form *.                                                    16,226       

      This section defines the meaning and form of, but is not     16,228       

itself to be considered marked with, an asterisk.                  16,229       

      Section 39.  If the amendment or enactment in this act of a  16,231       

codified or uncodified section of law is subject to the            16,232       

referendum, the corresponding indications in the amending,         16,233       

enacting, or existing repeal clauses commanding the amendment or   16,234       

enactment also are subject to the referendum, along with the       16,235       

amendment or enactment.  If the amendment or enactment by this     16,236       

act of a codified or uncodified section of law is not subject to   16,237       

the referendum, the corresponding indications in the amending,     16,238       

enacting, or existing repeal clauses commanding the amendment or   16,239       

enactment also are not subject to the referendum, the same as the  16,240       

amendment or enactment.                                            16,241       

      Section 40.  An item, other than an amending, enacting, or   16,243       

repealing clause, that composes the whole or part of an            16,244       

uncodified section contained in this act has no effect after June  16,245       

30, 2001, unless its context clearly indicates otherwise.          16,246       

                                                          333    


                                                                 
      Section 41.  Section 3316.06 of the Revised Code is          16,248       

presented in this act as a composite of the section as amended by  16,249       

both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General    16,250       

Assembly, with the new language of neither of the acts shown in    16,252       

capital letters.  This is in recognition of the principle stated   16,253       

in division (B) of section 1.52 of the Revised Code that such      16,254       

amendments are to be harmonized where not substantively            16,255       

irreconcilable and constitutes a legislative finding that such is  16,256       

the resulting version in effect prior to the effective date of     16,257       

this act.                                                                       

      Section 42.  If any item of law that constitutes the whole   16,259       

or part of a codified or uncodified section of law contained in    16,260       

this act, or if any application of any item of law that            16,261       

constitutes the whole or part of a codified or uncodified section  16,262       

of law contained in this act, is held invalid, the invalidity      16,263       

does not affect other items of law or applications of item of law  16,264       

that can be given effect without the invalid item of law or                     

application.  To this end, the items of law of which the codified  16,265       

and uncodified sections contained in this act are composed, and    16,266       

their applications, are independent and severable.                 16,267