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
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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
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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
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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;
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(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
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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
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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
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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
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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
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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
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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
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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
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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