LSC 123 0917-2* 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 282 5
1999-2000 6
_________________________________________________________________ 9
A B I L L
To amend sections 125.05, 3301.80, 3301.801, 11
3302.07, 3313.603, 3313.608, 3314.02, 3314.03, 12
3314.06, 3314.08, 3314.09, 3314.11, 3316.05, 13
3316.06, 3317.02, 3317.022, 3317.023, 3317.024, 14
3317.029, 3317.0212, 3317.0213, 3317.0216,
3317.03, 3317.033, 3317.05, 3317.051, 3317.06, 18
3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 19
3318.06, 3318.08, 3318.081, 3318.082, 3318.13, 20
3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 21
3318.21, 3318.25, 3318.26, 3318.29, 3318.31, 22
3318.35, 3319.22, 3319.235, 3332.05, 3332.07, 23
3333.04, 3333.12, 3333.27, 3345.22, 5747.01,
5910.032, and 5919.34; to enact new section 25
3317.16 and sections 3317.014, 3318.021,
3318.032, 3318.083, 3318.33, 3318.36, and 3324.01 26
to 3324.06; and to repeal sections 3313.21, 28
3317.0214, 3317.053, 3317.16, 3318.23, 3318.24,
and 3318.27 of the Revised Code and to amend 30
Section 45.32 of Am. Sub. H.B. 117 of the 121st
General Assembly, as subsequently amended; to 31
amend Section 50.52.10 of Am. Sub. H.B. 215 of 32
the 122nd General Assembly, as subsequently 33
amended; to amend Section 50.52.11 of Am. Sub. 34
H.B. 215 of the 122nd General Assembly; to amend 35
Section 18 of Am. Sub. H.B. 650 of the 122nd
General Assembly, as subsequently amended; and to 36
amend Sections 6, 26, 30.07, 30.10, and 31 of Am. 37
Sub. H.B. 850 of the 122nd General Assembly to 39
make appropriations for education programs for
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the biennium beginning July 1, 1999, and ending 40
June 30, 2001, and to provide authorization and
conditions for the operation of those programs. 41
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 43
Section 1. That sections 125.05, 3301.80, 3301.801, 45
3302.07, 3313.603, 3313.608, 3314.02, 3314.03, 3314.06, 3314.08, 46
3314.09, 3314.11, 3316.05, 3316.06, 3317.02, 3317.022, 3317.023, 47
3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03, 48
3317.033, 3317.05, 3317.051, 3317.06, 3317.162, 3317.51, 3318.01, 49
3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 3318.13, 50
3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 3318.25, 52
3318.26, 3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 3332.05, 53
3332.07, 3333.04, 3333.12, 3333.27, 3345.22, 5747.01, 5910.032, 54
and 5919.34 be amended and new section 3317.16 and sections
3317.014, 3318.021, 3318.032, 3318.083, 3318.33, 3318.36, 56
3324.01, 3324.02, 3324.03, 3324.04, 3324.05, and 3324.06 of the 58
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
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thousand dollars or supplies that cost more than twenty-five 87
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
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services; OHIO SCHOOLNET COMMISSION, the department of 123
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
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house of representatives appointed by the speaker of the house of
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
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(B) The Ohio SchoolNet office is hereby established as an 210
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
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jurisdiction;
(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 TAKE INTO CONSIDERATION THE EFFICIENCY AND 269
COST SAVINGS OF STATEWIDE PROCUREMENT PRIOR TO ALLOCATING AND 271
RELEASING FUNDS FOR ANY PROGRAMS UNDER ITS ADMINISTRATION. 272
(E)(1) THE EXECUTIVE DIRECTOR SHALL IMPLEMENT policies and 275
directives issued by the Ohio SchoolNet commission established 278
under division (A) of this section.
(2) The Ohio SchoolNet office COMMISSION may establish a 281
systems support network to facilitate the timely implementation 282
of the programs, projects, or activities for which it provides 283
assistance.
(3) Chapters 123., 124., 125., and 153., and sections 285
9.331, 9.332, and 9.333 of the Revised Code do not apply to 286
contracts, programs, projects, or activities of the Ohio 288
SchoolNet commission or Ohio SchoolNet office. 289
For purposes of exercising collective bargaining rights 291
under Chapter 4117. of the Revised Code, the employees of the 293
Ohio SchoolNet office shall be placed in a bargaining unit 296
separate from any other unit containing employees of the state. 297
Sec. 3301.801. The office of information, learning, and 306
technology services OHIO SCHOOLNET COMMISSION shall create and 308
maintain a clearinghouse for classroom teachers to easily obtain 309
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lesson plans and materials and other practical resources for use 310
in classroom teaching. The office COMMISSION shall develop a 311
method of obtaining submissions, from classroom teachers and 313
others, of such plans, materials, and other resources that have 314
been used in the classroom and that can be readily used and 315
implemented by classroom teachers in their regular teaching 316
activities. The office COMMISSION also shall develop methods of 317
informing classroom teachers of both the availability of such 319
plans, materials, and other resources, and of the opportunity to 320
submit such plans, materials, and other resources and other 321
classroom teaching ideas to the clearinghouse. 322
The office COMMISSION shall periodically report to the 324
speaker and minority leader of the house of representatives, the 326
president and minority leader of the senate, and the chairpersons 327
and ranking minority members of the education committees of the 328
senate and the house of representatives regarding the
clearinghouse and make recommendations for changes in state law 329
or administrative rules that may facilitate the usefulness of the 330
clearinghouse.
Sec. 3302.07. (A) The board of education of any school 339
district or, the governing board of any educational service 340
center, OR THE ADMINISTRATIVE AUTHORITY OF ANY CHARTERED 341
NONPUBLIC SCHOOL may submit to the state board of education an 342
application proposing an innovative education pilot program the 343
implementation of which requires exemptions from specific 344
statutory provisions or rules. If a district or service center 345
board employs teachers under a collective bargaining agreement 346
adopted pursuant to Chapter 4117. of the Revised Code, any 347
application submitted under this division shall include the 348
written consent of the teachers' employee representative 349
designated under division (B) of section 4117.04 of the Revised 350
Code. The exemptions requested in the application shall be 351
limited to any requirement of Title XXXIII of the Revised Code or 352
of any rule of the state board adopted pursuant to that title 353
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except that the application may not propose an exemption from any 354
requirement of or rule adopted pursuant to Chapter 3307. or 355
3309., sections 3319.07 to 3319.21, or Chapter 3323. of the 356
Revised Code.
(B) The state board of education shall accept any 358
application submitted in accordance with division (A) of this 359
section. The superintendent of public instruction shall approve 360
or disapprove the application in accordance with standards for 362
approval, which shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt 364
each district or service center board OR CHARTERED NONPUBLIC 365
SCHOOL ADMINISTRATIVE AUTHORITY with an application approved 366
under division (B) of this section for a specified period from 368
the statutory provisions or rules specified in the approved 369
application. The period of exemption shall not exceed the period 370
during which the pilot program proposed in the application is 371
being implemented and a reasonable period to allow for evaluation 372
of the effectiveness of the program. 373
Sec. 3313.603. (A) As used in this section: 382
(1) "One unit" means a minimum of one hundred twenty hours 385
of course instruction, except that for a laboratory course, "one 387
unit" means a minimum of one hundred fifty hours of course 388
instruction.
(2) "One-half unit" means a minimum of sixty hours of 391
course instruction, except that for physical education courses, 392
"one-half unit" means a minimum of one hundred twenty hours of 393
course instruction.
(B) Beginning September 15, 2001, the requirements for 395
graduation from every high school shall include twenty-one units 397
earned in grades nine through twelve and shall be distributed as 398
follows:
(1) English language arts, four units; 400
(2) Health, one-half unit; 402
(3) Mathematics, three units; 404
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(4) Physical education, one-half unit; 406
(5) Science, two units until September 15, 2003, and three 408
units thereafter, which at all times shall include both of the 409
following: 410
(a) Biological sciences, one unit; 413
(b) Physical sciences, one unit. 416
(6) Social studies, three units, which shall include both 418
of the following: 419
(a) American history, one-half unit; 422
(b) American government, one-half unit. 425
(7) Elective units, eight units until September 15, 2003, 427
and seven units thereafter. 428
Each student's electives shall include at least one unit, 430
or two half units, chosen from among the areas of 431
business/technology, fine arts, and/or foreign language. 432
(C) Every high school may permit students below the ninth 435
grade to take advanced work for credit. A high school shall 436
count such advanced work toward the graduation requirements of 437
division (B) of this section if the advanced work was both: 438
(1) Taught by a person who possesses a license or 440
certificate issued under section 3319.22 or 3319.222 of the 441
Revised Code that is valid for teaching high school; 443
(2) Designated by the board of education of the city, 445
local, or exempted village school district or, the board of the 446
cooperative education school district, OR THE GOVERNING AUTHORITY 448
OF THE CHARTERED NONPUBLIC SCHOOL as meeting the high school 449
curriculum requirements.
(D) Units earned in English language arts, mathematics, 452
science, and social studies that are delivered through integrated 453
academic and technical instruction are eligible to meet the 454
graduation requirements of division (B) of this section. 455
Sec. 3313.608. (A) Beginning with students who enter 464
fourth grade in the school year that starts July 1, 2001, no 467
city, exempted village, or local school district shall promote to 468
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fifth grade any student who fails to attain the score designated 469
under division (A)(1) of section 3301.0710 of the Revised Code on 472
the test prescribed under that division to measure skill in 473
reading, unless either of the following applies: 474
(1) The pupil was excused from taking the test under 476
division (C)(1) of section 3301.0711 of the Revised Code; 478
(2) The pupil's principal and reading teacher agree that 480
the pupil is academically prepared, as determined pursuant to the 482
district policy adopted under section 3313.609 of the Revised 483
Code, to be promoted to fifth grade.
(B)(1) To assist students in meeting this fourth grade 485
guarantee established by this section, each city, exempted 486
village, and local school district shall adopt policies and 487
procedures with which it shall, beginning in the school year that 488
starts July 1, 1998, annually assess the reading skills of each 490
student at the end of first, second, and third grade and identify 491
students who are reading below their grade level. The policy and 492
procedures shall require the students' classroom teachers to be 493
involved in the assessment and the identification of students 494
reading below grade level. The district shall notify the parent 495
or guardian of each student whose reading skills are below grade 496
level and, in accordance with division (C) of this section, 498
provide intervention services to each student reading below grade 499
level.
(2) For each student identified as reading below grade 501
level at the end of third grade, the district shall offer intense 503
remediation services during the summer following third grade. 504
(3) For each student entering fourth grade after July 1, 506
2001, who does not attain by the end of the fourth grade the 507
score designated under division (A)(1) of section 3301.0710 of 509
the Revised Code on the test prescribed under that division to 512
measure skill in reading, the district also shall offer intense 513
remediation services, and another opportunity to take that test, 514
during the summer following fourth grade. 515
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(C) For each student required to be offered remediation 518
services under this section, the district shall involve the 519
student's parent or guardian and classroom teacher in developing 520
the intervention strategy, and shall offer to the parent or 521
guardian the opportunity to be involved in the intervention 522
services.
(D) Beginning in the summer of 1999, in addition to the 524
remediation requirements of divisions (B) and (C) of this 525
section, every city, exempted village, or local school district 526
shall offer summer remediation to any student who has failed to 527
attain the designated scores on three or more of the five tests 528
described by division (A)(1) or (2) of section 3301.0710 of the 529
Revised Code.
(E) ANY SUMMER REMEDIATION SERVICES FUNDED IN WHOLE OR IN 532
PART BY THE STATE AND OFFERED BY SCHOOL DISTRICTS TO STUDENTS WHO
ARE IN DANGER OF BEING RETAINED IN GRADE LEVEL DUE TO FAILURE TO 534
PASS REQUIRED PROFICIENCY TESTS UNDER THIS SECTION SHALL MEET THE 535
FOLLOWING CONDITIONS:
(1) THE REMEDIATION METHODS ARE BASED ON RELIABLE 537
EDUCATIONAL RESEARCH. 538
(2) THE SCHOOL DISTRICTS CONDUCT TESTING BEFORE AND AFTER 540
STUDENTS PARTICIPATE IN THE PROGRAM TO FACILITATE MONITORING 541
RESULTS OF THE REMEDIATION SERVICES. 542
(3) THE PARENTS OF PARTICIPATING STUDENTS ARE INVOLVED IN 544
PROGRAMMING DECISIONS. 545
(4) THE SERVICES ARE CONDUCTED IN A SCHOOL BUILDING OR 547
COMMUNITY CENTER AND NOT ON AN AT-HOME BASIS. 548
Sec. 3314.02. (A) As used in this chapter: 557
(1) "Sponsor" means a city, local, exempted village, or 559
joint vocational board of education or the state board of 561
education with which the governing authority of the proposed 563
community school enters into a contract pursuant to this section.
(2) "Pilot project CHALLENGED SCHOOL district" means a ANY 566
OF THE FOLLOWING:
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(a) A school district included in the territory of 569
AUTHORIZED TO ESTABLISH a community school pilot project 570
established by Section 50.52 of Am. Sub. H.B. No. 215 of the 572
122nd general assembly;
(b) A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC 574
EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE; 575
(c) A BIG EIGHT SCHOOL DISTRICT. 577
(3) "Big eight school district" means a school district 580
that for fiscal year 1997 had both of the following: 581
(a) A percentage of children residing in the district and 584
participating in the predecessor of Ohio works first greater than 585
thirty per cent, as reported pursuant to section 3317.10 of the 586
Revised Code; 588
(b) An average daily membership greater than twelve 591
thousand, as reported pursuant to former division (A) of section 592
3317.03 of the Revised Code. 593
(4) "New start-up school" means a community school other 595
than one created by converting all or part of an existing public 596
school, as designated in the school's contract pursuant to 597
division (A)(17) of section 3314.03 of the Revised Code. 598
(B) Any person or group of individuals may initially 601
propose under this division the conversion of all or a portion of 602
a public school to a community school. The proposal shall be 603
made to the board of education of a city, local, or exempted 605
village school district, other than a pilot project district, in 606
which the public school is proposed to be converted. Upon 607
receipt of a proposal, a board may enter into a preliminary 608
agreement with the person or group proposing the conversion of 609
the public school, indicating the intention of the board of 610
education to support the conversion to a community school. A 611
proposing person or group that has a preliminary agreement under 613
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a 614
contract with the board of education. Provided the proposing 615
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person or group adheres to the preliminary agreement and all 616
provisions of this chapter, the board of education shall 617
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 618
section.
(C)(1) Any person or group of individuals may propose 621
under this division the establishment of a new start-up school to 622
be located in a big eight CHALLENGED school district other than a 623
pilot project district. Such THE proposal may be made to any of 625
the following public entities: 626
(a) The board of education of the big eight school 629
district in which the school is proposed to be located; 630
(b) The board of education of any joint vocational school 633
district with territory in the county in which IS LOCATED the 634
majority of the territory of that big eight THE district IN WHICH 635
THE SCHOOL is PROPOSED TO BE located; 636
(c) The board of education of any other city, local, or 639
exempted village school district having territory in the same 640
county in which that big eight WHERE THE district IN WHICH THE 641
SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its 642
territory;
(d) The state board of education. 644
Such big eight district board, joint vocational board, 646
other school district board, or state board may enter into a 648
preliminary agreement pursuant to division (C)(2) of this section 649
with the proposing person or group. 650
(2) A preliminary agreement indicates the intention of a 653
public entity described in division (C)(1) of this section to 655
sponsor the community school. A proposing person or group that 656
has such a preliminary agreement may proceed to finalize plans 657
for the school, establish a governing authority for the school, 658
and negotiate a contract with the public entity. Provided the
proposing person or group adheres to the preliminary agreement 660
and all provisions of this chapter, the public entity shall 661
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negotiate in good faith to enter into a contract in accordance 662
with section 3314.03 of the Revised Code. 663
(3) A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL 665
DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY 666
UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN 667
EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF 668
ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN
THE SCHOOL AND A SPONSOR. 669
(D) A majority vote of a sponsoring school district board 671
and a majority vote of the members of the governing authority of 672
a community school shall be required to adopt a contract and 673
convert the public school to a community school or establish the 674
new start-up school. An unlimited number of community schools 676
may be established in any school district provided that a 678
contract is entered into for each community school pursuant to
this chapter. 679
Sec. 3314.03. (A) Each contract entered into under 688
section 3314.02 of the Revised Code between a sponsor and the 689
governing authority of a community school shall specify the 690
following:
(1) That the school shall be established as a nonprofit 692
corporation established under Chapter 1702. of the Revised Code; 693
(2) The education program of the school, including the 695
school's mission, the characteristics of the students the school 696
is expected to attract, the ages and grades of students, and the 697
focus of the curriculum; 698
(3) The academic goals to be achieved and the method of 700
measurement that will be used to determine progress toward those 701
goals, which shall include the statewide proficiency tests; 702
(4) Performance standards by which the success of the 704
school will be evaluated by the sponsor; 705
(5) The admission standards of section 3314.06 of the 707
Revised Code; 708
(6) Dismissal procedures; 710
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(7) The ways by which the school will achieve racial and 712
ethnic balance reflective of the community it serves; 713
(8) Requirements and procedures for financial audits by 716
the auditor of state. The contract shall require financial
records of the school to be maintained in the same manner as are 719
financial records of school districts, pursuant to rules of the 720
auditor of state and the audits shall be conducted in accordance 721
with section 117.10 of the Revised Code.
(9) The facility to be used and its location; 723
(10) Qualifications of teachers, including a requirement 725
that the school's classroom teachers be licensed in accordance 726
with sections 3319.22 to 3319.31 of the Revised Code, except that 727
a community school may engage noncertificated persons to teach up 728
to twelve hours per week pursuant to section 3319.301 of the 729
Revised Code;
(11) That the school will comply with the following 731
requirements: 732
(a) The school will provide learning opportunities to a 734
minimum of twenty-five students for a minimum of nine hundred 736
twenty hours per school year;
(b) The governing authority will purchase liability 739
insurance, or otherwise provide for the potential liability of 740
the school;
(c) The school will be nonsectarian in its programs, 743
admission policies, employment practices, and all other 744
operations, and will not be operated by a sectarian school or 745
religious institution;
(d) The school will comply with sections 9.90, 9.91, 747
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 749
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 750
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 751
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 752
4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 753
4167. of the Revised Code as if it were a school district; 754
17
(e) The school shall comply with Chapter 102. of the 756
Revised Code except that nothing in that chapter shall prohibit a 757
member of the school's governing board from also being an 758
employee of the school and nothing in that chapter or section 759
2921.42 of the Revised Code shall prohibit a member of the 760
school's governing board from having an interest in a contract 761
into which the governing board enters; 762
(f) The school will comply with sections 3313.61 and 764
3313.611 of the Revised Code, except that the requirement in 766
those sections that a person must successfully complete the 767
curriculum in any high school prior to receiving a high school 768
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 770
curriculum specified in Title XXXIII of the Revised Code or any 771
rules of the state board of education;
(g) The school governing authority will submit an annual 773
report of its activities and progress in meeting the goals and 774
standards of divisions (A)(3) and (4) of this section and its 775
financial status to the sponsor, the parents of all students 776
enrolled in the school, and the legislative office of education 777
oversight.
(12) Arrangements for providing health and other benefits 779
to employees; 780
(13) The length of the contract, which shall begin at the 782
beginning of an academic year and shall not exceed five years; 783
(14) The governing authority of the school, which shall be 785
responsible for carrying out the provisions of the contract; 786
(15) A financial plan detailing an estimated school budget 788
for each year of the period of the contract and specifying the 789
total estimated per pupil expenditure amount for each such year. 790
The plan shall specify for each year the base formula amount that 792
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 793
year shall not exceed the formula amount defined under section 794
18
3317.02 of the Revised Code. The plan may also specify for any 796
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 797
section 3317.029 of the Revised Code the school is to receive 799
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 801
of employees of the school in the event the contract is 802
terminated or not renewed pursuant to section 3314.07 of the 803
Revised Code;
(17) Whether the school is to be created by converting all 806
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 807
any duties or responsibilities of an employer that the board of 808
education that operated the school before conversion is 809
delegating to the governing board of the community school with 810
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 811
applicable to such employees; 812
(18) Provisions establishing procedures for resolving 814
disputes or differences of opinion between the sponsor and the 815
governing authority of the community school; 816
(19) A PROVISION REQUIRING THE GOVERNING AUTHORITY TO 818
ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE 820
OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. THAT POLICY 821
SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION 822
3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE 823
AUTHORITY, SHALL DO ONE OF THE FOLLOWING:
(a) PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE 825
THE DISTRICT IN WHICH THE SCHOOL IS LOCATED; 826
(b) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN 828
DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS 829
LOCATED;
(c) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY 831
OTHER DISTRICT IN THE STATE. 832
19
(B) The community school shall also submit to the sponsor 834
a comprehensive plan for the school. The plan shall specify the 836
following:
(1) The process by which the governing authority of the 838
school will be selected in the future; 839
(2) The management and administration of the school; 841
(3) If the community school is a currently existing public 844
school, alternative arrangements for current public school 845
students who choose not to attend the school and teachers who 846
choose not to teach in the school after conversion; 847
(4) The instructional program and educational philosophy 849
of the school; 850
(5) Internal financial controls. 852
(C) A contract entered into under section 3314.02 of the 854
Revised Code between a sponsor and the governing authority of a 856
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 857
authorized to receive such payments as set forth in the contract 858
between the governing authority and the sponsor. 859
Sec. 3314.06. The governing authority of each community 868
school established under this chapter shall adopt admission 869
procedures that specify the following: 870
(A) That except as otherwise provided in this section, 872
admission to the school shall be open only to any individual age 873
five to twenty-two entitled to attend school pursuant to section 875
3313.64 or 3313.65 of the Revised Code in the A school district 876
in which the school is located or who was enrolled in the 877
converted school during the school year preceding the year of its 878
conversion to a community school THE STATE. 879
(B) That admission to the school may be limited to 881
students who have attained a specific grade level or are within a 883
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; or to residents of a 884
specific geographic area WITHIN THE DISTRICT, as defined in the 886
20
contract, that is within the school district in which the school 887
is located.
(C) WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE 889
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO 890
RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED 891
PURSUANT TO THE CONTRACT.
(D) That there will be no discrimination in the admission 893
of students to the school on the basis of race, creed, color, 894
handicapping condition, or sex; and that, upon admission of any 896
handicapped student, the community school will comply with all 897
federal and state laws regarding the education of handicapped 898
students.
(D)(E) That the school may not limit admission to students 900
on the basis of intellectual ability, measures of achievement or 902
aptitude, or athletic ability. 903
(E)(F) That the community school will admit the number of 905
students that does not exceed the capacity of the school's 908
programs, classes, grade levels, or facilities. 909
(F)(G) That, except as otherwise provided under division 911
(B) of this section, if the number of applicants exceeds the 912
capacity restrictions of division (E)(F) of this section, 913
students shall be admitted by lot from all those submitting 914
applications, except preference shall be given to students 915
attending the school the previous year and TO STUDENTS WHO RESIDE 916
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. PREFERENCE may 917
be given to siblings of such students ATTENDING THE SCHOOL THE 918
PREVIOUS YEAR.
Notwithstanding divisions (A) through (F)(G) of this 920
section, in the event the racial composition of the enrollment of 921
the community school is violative of a federal desegregation 922
order, the community school shall take any and all corrective 923
measures to comply with the desegregation order. 924
Sec. 3314.08. (A) As used in this section: 933
(1) "Base formula amount" means the amount specified as 936
21
such in a community school's financial plan for a school year 937
pursuant to division (A)(15) of section 3314.03 of the Revised 938
Code.
(2) "Cost-of-doing-business factor" has the same meaning 940
as in section 3317.02 of the Revised Code. 941
(3) "IEP" means an individualized education program 944
defined by division (E) of IN section 3323.01 of the Revised 945
Code.
(4) "Average county cost" means the cost, averaged among 948
school districts within a county, of providing special education 949
and related services to similarly handicapped children, as 951
calculated in a manner acceptable to the superintendent of public 953
instruction.
(5) "DPIA reduction factor" means the percentage figure, 956
if any, specified for reducing the per pupil amount of 957
disadvantaged pupil impact aid a community school is entitled to 958
receive pursuant to division (D)(3) of this section in any year, 959
as specified in the school's financial plan for the year pursuant 960
to division (A)(15) of section 3314.03 of the Revised Code. 961
(B) The state board of education shall adopt rules 963
requiring both of the following: 964
(1) The board of education of each city, exempted village, 966
and local school district to annually report the number of 967
students entitled to attend school in the district pursuant to 968
section 3313.64 or 3313.65 of the Revised Code who are enrolled 969
in grades one through twelve and one-half of the kindergarten 970
students enrolled in a community school established under this 971
chapter and for each child the community school in which the 972
child is enrolled. In addition, for each such child receiving 973
special education and related services enrolled in grades
kindergarten through twelve or in a preschool handicapped unit in 974
a community school pursuant to an IEP, the board shall report the 976
average county cost for such child. If the district receives 978
disadvantaged pupil impact aid pursuant to division (B) or 979
22
divisions (C) and (E) of section 3317.029 of the Revised Code, it 980
also shall report the amount received for each such child. 981
(2) The governing authority of each community school 983
established under this chapter to annually report the number of 984
students enrolled in grades one through twelve and one-half the 985
number of kindergarten students in the school who are not 987
receiving special education and related services pursuant to an 988
IEP; the number of enrolled students in grades one through twelve 990
and one-half the number of kindergarten students who are 991
receiving special education and related services pursuant to an 993
IEP; the number of enrolled preschool handicapped students 994
receiving special education services in a state-funded unit; the 995
community school's base formula amount; and FOR EACH STUDENT the 996
city, exempted village, or local school district in which the 997
school STUDENT is located ENTITLED TO ATTEND UNDER SECTION 999
3313.64 OR 3313.65 OF THE REVISED CODE. Each governing authority 1,000
shall also report any DPIA reduction factor that applies to a 1,002
school year.
(C) From the payments made to a city, exempted village, or 1,004
local school district under Chapter 3317. of the Revised Code 1,005
and, if necessary, sections 321.14 and 323.156 of the Revised 1,006
Code, the department of education shall annually subtract all of 1,007
the following:
(1) An amount equal to the sum of the amounts obtained 1,009
when, for each community school where the district's students are 1,010
enrolled, the number of the district's students reported under 1,011
division (B)(2) of this section who are enrolled in grades one 1,012
through twelve and one-half the number of kindergarten students 1,013
in that community school and are not receiving special education 1,014
and related services pursuant to an IEP is multiplied by the base 1,016
formula amount of that community school as adjusted by the school 1,017
district's cost-of-doing-business factor.
(2) The sum of the average county costs for all district 1,019
students reported under division (B)(2) of this section who are 1,021
23
to be receiving special education and related services pursuant 1,022
to an IEP in their respective community schools, less the sum of 1,024
the prorated share for each such student of any amounts received 1,025
from state preschool handicapped unit funding or from federal 1,026
funds to provide special education and related services to 1,027
students in the respective community schools. This prorated
share of state or federal funds received for each such student 1,028
shall be determined on the basis of all such funds received by a 1,029
community school for students receiving similar services, as 1,030
calculated in a manner acceptable to the superintendent of public 1,031
instruction.
(3) An amount equal to the sum of the amounts obtained 1,033
when, for each community school where the district's students are 1,034
enrolled, the number of the district's students enrolled in that 1,035
community school and residing in the district in a family 1,036
participating in Ohio works first under Chapter 5107. of the 1,037
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 1,038
year pursuant to division (B) or divisions (C) and (E) of section 1,039
3317.029 of the Revised Code, as adjusted by any DPIA reduction 1,040
factor of that community school. 1,041
(D) The department shall annually pay to a community 1,043
school established under this chapter all of the following: 1,044
(1) An amount equal to the sum of the amounts obtained 1,046
when the number of students enrolled in grades one through twelve 1,047
plus one-half of the kindergarten students in the school as 1,048
reported under division (B)(2) of this section who are not 1,050
receiving special education and related services pursuant to an 1,051
IEP is multiplied by the community school's base formula amount, 1,052
as adjusted by the cost-of-doing-business factor of the school
district in which the school STUDENT is located ENTITLED TO 1,054
ATTEND UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE; 1,055
(2) For each student enrolled in the school receiving 1,057
special education and related services pursuant to an IEP, an 1,059
24
amount equal to the average county cost for such student, less a 1,060
prorated share for the student of any amount received from state 1,061
preschool handicapped unit funding or federal funds to provide 1,063
special education and related services to students in the
community school. This prorated share shall be determined as 1,064
described under division (C)(2) of this section. 1,065
(3) An amount equal to the SUM OF THE AMOUNTS OBTAINED 1,067
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 1,068
STUDENTS ARE ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 1,069
3313.65 OF THE REVISED CODE, THE number of THAT DISTRICT'S 1,070
students enrolled in the community school and residing in the 1,071
school district in a family participating in Ohio works first IS 1,073
multiplied by the per pupil amount of disadvantaged pupil impact 1,074
aid that school district receives that year pursuant to division 1,076
(B) or divisions (C) and (E) of section 3317.029 of the Revised 1,077
Code, as adjusted by any DPIA reduction factor of the community 1,078
school.
(E) A community school may apply to the department of 1,080
education for preschool handicapped or gifted unit funding the 1,081
school would receive if it were a school district. Upon request 1,082
of its governing authority, a community school that received unit 1,084
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 1,085
district-operated school provided the school continues to meet 1,086
eligibility standards for the unit. 1,087
A community school shall be considered a school district 1,089
and its governing authority shall be considered a board of 1,090
education for the purpose of applying to any state or federal 1,091
agency for grants that a school district may receive under 1,092
federal or state law or any appropriations act of the general 1,093
assembly. The governing authority of a community school may 1,094
apply to any private entity for additional funds. 1,095
(F) A board of education sponsoring a community school may 1,097
utilize local funds to make enhancement grants to the school or 1,098
25
may agree, either as part of the contract or separately, to 1,099
provide any specific services to the community school at no cost 1,100
to the school.
(G) A community school may not levy taxes or issue bonds 1,102
secured by tax revenues. 1,103
(H) No community school shall charge tuition for the 1,105
enrollment of any student. 1,106
(I) A community school may borrow money to pay any 1,108
necessary and actual expenses of the school in anticipation of 1,110
the receipt of any portion of the payments to be received by the 1,111
school pursuant to division (D) of this section. The school may 1,112
issue notes to evidence such borrowing to mature no later than 1,113
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 1,114
which the anticipated receipts may be lawfully expended by the 1,115
school.
(J) For purposes of determining the number of students for 1,118
which division (D)(3) of this section applies in any school year, 1,119
a community school may submit to the state department of human 1,120
services, no later than the first day of March, a list of the 1,121
students enrolled in the school. For each student on the list, 1,122
the community school shall indicate the student's name, address, 1,123
and date of birth and the school district where the student is 1,124
entitled to attend school under section 3313.64 or 3313.65 of the
Revised Code. Upon receipt of a list under this division, the 1,125
department of human services shall determine, for each school 1,127
district where one or more students on the list is entitled to 1,128
attend school under section 3313.64 or 3313.65 of the Revised
Code, the number of students residing in that school district who 1,130
were included in the department's report under section 3317.10 of 1,132
the Revised Code. The department shall make this determination 1,133
on the basis of information readily available to it. Upon making 1,134
this determination and no later than ninety days after submission 1,135
of the list by the community school, the department shall report 1,136
26
to the state department of education the number of students on 1,137
the list who reside in each school district who were included in 1,138
the department's report under section 3317.10 of the Revised 1,139
Code. In complying with this division, the department of human 1,140
services shall not report to the state department of education 1,141
any personally identifiable information on any student.
(K) The department of education shall adjust the amounts 1,143
subtracted and paid under divisions (C) and (D) of this section 1,145
to reflect any enrollment of students in community schools for
less than the equivalent of a full school year. 1,146
Sec. 3314.09. The AS USED IN THIS SECTION, "NATIVE 1,155
STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL 1,156
DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 1,157
THE board of education of the EACH city, local, or AND 1,160
exempted village school district in which a community school is 1,161
located shall provide transportation to AND FROM SCHOOL FOR ITS 1,162
DISTRICT'S NATIVE students enrolled in the A community school, 1,163
except that the board shall be required to pick up and drop off a 1,164
nonhandicapped student only at a regular school bus stop 1,165
designated in accordance with the board's transportation policy 1,166
LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED 1,168
IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION 1,169
AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM 1,170
SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY 1,171
THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY 1,172
OR UNREASONABLE. A BOARD SHALL NOT BE REQUIRED TO TRANSPORT 1,173
NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN 1,174
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE 1,175
THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL 1,176
BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S 1,177
COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A 1,180
COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
27
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER 1,181
PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE 1,182
PARENT, GUARDIAN, OR OTHER PERSON. THE AMOUNT PAID PER PUPIL 1,183
SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER 1,184
PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF 1,185
CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT 1,186
PRECEDING YEAR. 1,187
Sec. 3314.11. The department of education shall establish 1,196
a THE state community school commission OFFICE OF SCHOOL OPTIONS 1,198
TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM, 1,199
ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND 1,200
THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO 1,201
SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE. The
commission OFFICE shall provide SERVICES THAT FACILITATE THE 1,202
MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT 1,203
SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and 1,204
information to persons or groups considering proposing a 1,205
community school, to governing authorities of community schools, 1,206
and to school district boards sponsoring or considering 1,207
sponsoring a community school.
Sec. 3316.05. (A) Pursuant to the powers of the general 1,216
assembly and for the purposes of this chapter, upon the 1,217
declaration of a fiscal emergency in any school district pursuant 1,219
to division (B) of section 3316.03 of the Revised Code, there is 1,220
established, with respect to that school district, a body both
corporate and politic constituting an agency and instrumentality 1,221
of the state and performing essential governmental functions of 1,222
the state to be known as the "financial planning and supervision 1,223
commission for ........ (name of school district)," which, in 1,224
that name, may exercise all authority vested in such a commission 1,225
by this chapter. A separate commission is established with 1,226
respect to each school district as to which there is a fiscal 1,227
emergency as determined under this chapter. 1,228
(B) A commission APPOINTED AFTER JULY 1, 1999, shall 1,230
28
consist of seven FIVE voting members, including women and at 1,232
least one Hispanic or African American if Hispanic and African 1,233
Americans together constitute at least twenty per cent of the 1,234
student population of the district, as follows:
(1) Four TWO ex officio members: the director of budget 1,237
and management, OR A DESIGNEE OF THE DIRECTOR, AND the 1,238
superintendent of public instruction, OR A DESIGNEE OF the 1,239
superintendent of the school district, and the mayor of the 1,240
municipal corporation with the largest number of residents living 1,241
within the school district, except that if more than fifty per 1,242
cent of the residents of the district reside outside the 1,243
municipal corporation containing the greatest number of district 1,244
residents or if there is no municipal corporation located in the 1,245
school district, the county auditor of the county with the
largest number of residents living within the school district 1,246
shall be a member of the commission in lieu of a mayor. 1,247
The director of budget and management may designate an 1,249
individual within the office of budget and management; the mayor 1,251
may designate a responsible official within his office or the 1,252
fiscal officer of the municipal corporation; the superintendent 1,253
of public instruction may designate an employee within the 1,254
department of education; and the superintendent of the school
district may designate an employee of the school district to 1,255
attend the meetings of the commission when the ex officio member 1,257
making the designation is absent or unable for any reason to 1,258
attend. A designee, when present, shall be counted in 1,260
determining whether a quorum is present at any meeting of the 1,261
commission and may vote and participate in all proceedings and 1,262
actions of the commission. The designations shall be in writing, 1,263
executed by the member making the designation, and filed with the 1,264
secretary of the commission. The designations may be changed 1,265
from time to time in like manner, but due regard shall be given 1,266
to the need for continuity.
(2) Three appointed members, who shall be appointed within 1,268
29
fifteen days after the declaration of the fiscal emergency, one 1,270
by the governor, one by the superintendent of public instruction, 1,271
and one by the mayor or county auditor who is a member of the 1,272
commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER 1,273
OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF 1,274
MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE 1,275
OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER 1,276
OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION 1,277
LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY
WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL 1,278
DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR. All of 1,279
the appointed members shall serve at the pleasure of the 1,280
appointing authority during the life of the commission. In the 1,281
event of the death, resignation, incapacity, removal, or 1,282
ineligibility to serve of an appointed member, the appointing 1,283
authority shall appoint a successor within fifteen days after the 1,284
vacancy occurs.
(a) The member appointed by the governor and the member 1,286
appointed by the mayor or county auditor shall be an individual: 1,287
(i) Who has knowledge and experience in financial matters, 1,289
financial management, or business organization or operations, 1,290
including at least five years of experience in the public or 1,291
private sector in the management of business or financial 1,292
enterprise, or in management consulting, public accounting, or 1,293
other similar professional activity; 1,294
(ii) Whose residency, office, or principal place of 1,296
professional or business activity is situated within the school 1,298
district.
(b) The member appointed by the superintendent of public 1,300
instruction shall be a parent of a child currently enrolled in a 1,301
public school within the district. 1,302
(C) Immediately after appointment of the initial appointed 1,304
members of the commission, the superintendent of public 1,305
instruction shall call the first meeting of the commission and 1,306
30
shall cause written notice of the time, date, and place of the 1,307
first meeting to be given to each member of the commission at 1,308
least forty-eight hours in advance of the meeting. 1,309
(D) The superintendent of public instruction shall serve 1,311
as the commission's chairperson and the commission shall elect 1,312
one of its members as vice-chairperson and may appoint a 1,313
secretary and any other officers, who need not be members of the 1,314
commission, AS it considers necessary. 1,315
(E) The commission may adopt and alter bylaws and rules, 1,317
which shall not be subject to section 111.15 or Chapter 119. of 1,318
the Revised Code, for the conduct of its affairs and for the 1,319
manner, subject to this chapter, in which its powers and 1,320
functions shall be exercised and embodied.
(F) Four THREE members of the commission constitute a 1,322
quorum of the commission. The affirmative vote of four THREE 1,323
members of the commission is necessary for any action taken by 1,325
vote of the commission. No vacancy in the membership of the 1,326
commission shall impair the rights of a quorum by such vote to 1,327
exercise all the rights and perform all the duties of the 1,328
commission. Members of the commission, and their designees, are 1,329
not disqualified from voting by reason of the functions of the 1,330
other office they hold and are not disqualified from exercising 1,331
the functions of the other office with respect to the school 1,332
district, its officers, or the commission. 1,333
(G) THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL 1,335
SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE 1,336
COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR 1,337
THAT SERVICE. At the request of the commission the auditor of 1,338
state shall designate employees of the auditor of state's office 1,339
to assist the commission and to coordinate the work of the 1,340
auditor of state's office. Upon the declaration of a fiscal 1,341
emergency in any school district, the school district shall 1,343
provide the commission with such reasonable office space in the 1,344
principal building housing the administrative offices of the 1,345
31
school district, where feasible, as the commission determines is
necessary to carry out its duties under this chapter. 1,346
The attorney general shall serve as the legal counsel for 1,348
the commission.
(H) The members of the commission, the superintendent of 1,351
public instruction, the auditor of state, and any person 1,352
authorized to act on behalf of or assist them shall not be
personally liable or subject to any suit, judgment, or claim for 1,353
damages resulting from the exercise of or failure to exercise the 1,354
powers, duties, and functions granted to them in regard to their 1,355
functioning under this chapter, but the commission, the 1,356
superintendent of public instruction, the auditor of state, and 1,357
such other persons shall be subject to mandamus proceedings to 1,358
compel performance of their duties under this chapter. 1,359
(I) At the request of the commission the administrative 1,361
head of any state agency shall temporarily assign personnel 1,362
skilled in accounting and budgeting procedures to assist the 1,363
commission in its duties. 1,364
(J) The appointed members of the commission are not 1,366
subject to section 102.02 of the Revised Code, each appointed 1,367
member of the commission shall file with the commission a signed 1,368
written statement setting forth the general nature of sales of 1,369
goods, property, or services or of loans to the school district 1,370
with respect to which that commission is established, in which 1,371
the appointed member has a pecuniary interest or in which any 1,372
member of the appointed member's immediate family, as defined in 1,373
section 102.01 of the Revised Code, or any corporation, 1,374
partnership, or enterprise of which the appointed member is an
officer, director, or partner, or of which the appointed member 1,375
or a member of the appointed member's immediate family, as so 1,376
defined, owns more than a five per cent interest, has a pecuniary 1,378
interest, and of which sale, loan, or interest such member has 1,379
knowledge. The statement shall be supplemented from time to time 1,380
to reflect changes in the general nature of any such sales or 1,381
32
loans.
(K) Meetings of the commission shall be subject to section 1,383
121.22 of the Revised Code except that division (C) of such 1,384
section requiring members to be physically present to be part of 1,385
a quorum or vote does not apply if the commission holds a meeting 1,386
by teleconference and if provisions are made for public 1,387
attendance at any location involved in such teleconference.
Sec. 3316.06. (A) Within sixty ONE HUNDRED TWENTY days 1,400
after the first meeting of a school district financial planning 1,402
and supervision commission, the commission shall adopt a 1,403
financial recovery plan regarding the school district for which 1,404
the commission was created. During the formulation of the plan, 1,405
the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain 1,406
the following:
(1) Actions to be taken to: 1,408
(a) Eliminate all fiscal emergency conditions declared to 1,411
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and 1,413
all past-due and payable payroll and fringe benefits; 1,414
(c) Eliminate the deficits in all deficit funds; 1,416
(d) Restore to special funds any moneys from such funds 1,418
that were used for purposes not within the purposes of such 1,420
funds, or borrowed from such funds by the purchase of debt 1,421
obligations of the school district with the moneys of such funds, 1,422
or missing from the special funds and not accounted for, if any; 1,423
(e) Balance the budget, avoid future deficits in any 1,425
funds, and maintain on a current basis payments of payroll, 1,426
fringe benefits, and all accounts; 1,427
(f) Avoid any fiscal emergency condition in the future; 1,429
(g) Restore the ability of the school district to market 1,431
long-term general obligation bonds under provisions of law 1,432
applicable to school districts generally. 1,433
33
(2) The management structure that will enable the school 1,435
district to take the actions enumerated in division (A)(1) of 1,436
this section. The plan shall specify the level of fiscal and 1,437
management control that the commission will exercise within the 1,438
school district during the period of fiscal emergency, and shall 1,439
enumerate respectively, the powers and duties of the commission 1,440
and the powers and duties of the school board during that period. 1,441
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 1,442
related to personnel, curriculum, and legal issues in order to 1,443
successfully implement the actions described in division (A)(1) 1,444
of this section.
(3) The target dates for the commencement, progress upon, 1,447
and completion of the actions enumerated in division (A)(1) of 1,448
this section and a reasonable period of time expected to be 1,449
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 1,451
the requirements for the plan, and the plan shall be consistent 1,452
with that time schedule.
(4) The amount and purpose of any issue of debt 1,454
obligations that will be issued, together with assurances that 1,455
any such debt obligations that will be issued will not exceed 1,456
debt limits supported by appropriate certifications by the fiscal 1,457
officer of the school district and the county auditor. Debt 1,458
obligations issued pursuant to section 133.301 of the Revised 1,459
Code shall include assurances that such debt shall be in an 1,460
amount not to exceed the amount certified under division (B) of 1,461
such section. If the commission considers it necessary in order 1,464
to maintain or improve educational opportunities of pupils in the 1,465
school district, the plan may include a proposal to restructure
or refinance outstanding debt obligations incurred by the board 1,466
under section 3313.483 of the Revised Code contingent upon the 1,468
approval, during the period of the fiscal emergency, by district
voters of a tax levied under section 718.09, 718.10, 5705.194, 1,469
34
5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a 1,471
renewal or replacement levy and that will provide new operating 1,472
revenue. Notwithstanding any provision of Chapter 133. or 1,474
sections 3313.483 through TO 3313.4811 of the Revised Code,
following the required approval of the district voters and with 1,476
the approval of the commission, the school district may issue 1,477
securities to evidence the restructuring or refinancing. Those 1,478
securities may extend the original period for repayment, not to 1,479
exceed ten years, and may alter the frequency and amount of 1,481
repayments, interest or other financing charges, and other terms 1,482
of agreements under which the debt originally was contracted, at 1,483
the discretion of the commission, provided that any loans 1,484
received pursuant to section 3313.483 of the Revised Code shall
be paid from funds the district would otherwise receive under 1,485
sections 3317.022 to 3317.025 of the Revised Code, as required 1,486
under division (E)(3) of section 3313.483 of the Revised Code. 1,487
The securities issued for the purpose of restructuring or 1,488
refinancing the debt shall be repaid in equal payments and at
equal intervals over the term of the debt and are not eligible to 1,489
be included in any subsequent proposal for the purpose of 1,490
restructuring or refinancing debt under this section. 1,491
(B) Any financial recovery plan may be amended subsequent 1,493
to its adoption. Each financial recovery plan shall be updated 1,494
annually.
Sec. 3317.014. THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL 1,496
COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST 1,497
PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 1,498
THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL 1,499
EDUCATION PROGRAMS ARE AS FOLLOWS: 1,500
(A) A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL 1,502
EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS 1,503
APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES 1,504
ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE. 1,505
(B) A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL 1,507
35
EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE 1,508
DEVELOPMENT PROGRAMS DESIGNATED BY THE DEPARTMENT OF EDUCATION AS 1,509
CATEGORY TWO VOCATIONAL EDUCATION SERVICES. 1,510
VOCATIONAL EDUCATION ASSOCIATED SERVICES COSTS CAN BE 1,512
EXPRESSED AS A MULTIPLE OF 0.05 OF THE BASE COST PER PUPIL 1,513
CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 1,514
Sec. 3317.02. As used in this chapter: 1,523
(A) Unless otherwise specified, "school district" means 1,525
city, local, and exempted village school districts. 1,526
(B) "Formula amount" means the base cost for the fiscal 1,528
year specified in section 3317.012 of the Revised Code, except 1,530
that to allow for the orderly phase-in of the increased funding 1,531
specified in that section, the formula amount for fiscal year 1,532
1999 shall be $3,851; the formula amount for fiscal year 2000 1,533
shall be $4,038 4,052; and the formula amount for fiscal year 1,535
2001 shall be $4,226 4,276. Thereafter, the formula amount shall 1,537
be as specified in that section.
(C) "FTE basis" means a count of students based on 1,540
full-time equivalency, in accordance with rules adopted by the 1,541
department of education pursuant to section 3317.03 of the 1,542
Revised Code. In adopting its rules under this division, the 1,543
department shall provide for counting any student in a district's 1,544
category one, two, or three special education ADM OR IN CATEGORY 1,546
ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the 1,547
student is counted in formula ADM. 1,548
(D)(1) "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED 1,551
VILLAGE SCHOOL DISTRICT, the number reported pursuant to division 1,553
(A) of section 3317.03 of the Revised Code, AND FOR A JOINT
VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO 1,554
DIVISION (D) OF THAT SECTION. 1,555
(2) "Three-year average formula ADM" means the average of 1,557
a school district's formula ADMs for the current and preceding 1,559
two fiscal years. However, as applicable in fiscal years 1999 1,560
and 2000, the three-year average FOR CITY, LOCAL, AND EXEMPTED 1,561
36
VILLAGE SCHOOL DISTRICTS shall be determined utilizing the FY 1,562
1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year 1,563
1997 or 1998. IN FISCAL YEARS 2000 AND 2001, THE THREE-YEAR 1,564
AVERAGE FOR JOINT VOCATIONAL SCHOOL DISTRICTS SHALL BE DETERMINED 1,566
UTILIZING THE AVERAGE DAILY MEMBERSHIP REPORTED IN FISCAL YEARS
1998 AND 1999 UNDER DIVISION (D) OF SECTION 3317.03 OF THE 1,567
REVISED CODE IN LIEU OF FORMULA ADM FOR FISCAL YEARS 1998 AND 1,568
1999.
(E) "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL 1,571
district's average daily membership reported for the applicable 1,572
fiscal year under the version of division (A) of section 3317.03 1,573
of the Revised Code in effect during that fiscal year, adjusted 1,575
as follows:
(1) Minus the average daily membership of handicapped 1,578
preschool children;
(2) Minus one-half of the average daily membership 1,581
attending kindergarten;
(3) Minus three-fourths of the average daily membership 1,584
attending a joint vocational school district; 1,585
(4) Plus the average daily membership entitled under 1,587
section 3313.64 or 3313.65 of the Revised Code to attend school 1,589
in the district but receiving educational services in approved 1,590
units from an educational service center or another school 1,591
district under a compact or a cooperative education agreement, as 1,592
determined by the department;
(5) Minus the average daily membership receiving 1,594
educational services from the district in approved units but 1,595
entitled under section 3313.64 or 3313.65 of the Revised Code to 1,596
attend school in another school district, as determined by the 1,597
department.
(F)(1) "Category one special education ADM" means the 1,601
average daily membership of handicapped children receiving
special education services for those handicaps specified in 1,603
division (A) of section 3317.013 of the Revised Code and reported 1,604
37
under division (B)(5) OR (D)(2)(b) of section 3317.03 of the 1,607
Revised Code.
(2) "Category two special education ADM" means the average 1,611
daily membership of handicapped children receiving special 1,612
education services for those handicaps specified in division (B) 1,613
of section 3317.013 of the Revised Code and reported under
division (B)(6) OR (D)(2)(c) of section 3317.03 of the Revised 1,615
Code. 1,616
(3) "Category three special education ADM" means the 1,620
average daily membership of students receiving special education 1,621
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 1,622
terms are defined pursuant to Chapter 3323. of the Revised Code, 1,623
and reported under division (B)(7) OR (D)(2)(d) of section 1,624
3317.03 of the Revised Code. 1,625
(4) "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE 1,628
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL
EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 1,629
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR 1,630
(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE. 1,631
(5) "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE 1,633
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL 1,634
EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014 1,635
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR 1,636
(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE. 1,637
(6) "CATEGORY THREE VOCATIONAL EDUCATION ADM" MEANS THE 1,639
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING OTHER VOCATIONAL 1,640
EDUCATION PROGRAMS OR SERVICES DESIGNATED AS CATEGORY THREE 1,641
VOCATIONAL EDUCATION SERVICES BY THE DEPARTMENT OF EDUCATION AND 1,642
REPORTED UNDER DIVISION (B)(10) OR (D)(2)(g) OF SECTION 3317.03 1,644
OF THE REVISED CODE.
(G) "Handicapped preschool child" means a handicapped 1,647
child, as defined in section 3323.01 of the Revised Code, who is 1,648
at least age three but is not of compulsory school age, as 1,649
38
defined in section 3321.01 of the Revised Code, and who has not 1,650
entered kindergarten.
(H) "County MR/DD board" means a county board of mental 1,653
retardation and developmental disabilities. 1,654
(I) "Recognized valuation" means the amount calculated for 1,657
a school district pursuant to section 3317.015 of the Revised 1,658
Code.
(J) "Transportation ADM" means the number of children 1,661
reported under division (B)(9)(11) of section 3317.03 of the 1,662
Revised Code.
(K) "Most AVERAGE efficient transportation use cost per 1,664
transported student" for a SCHOOL district means a statistical 1,666
representation of transportation costs as calculated under 1,668
division (D)(4)(3) of section 3317.022 of the Revised Code. 1,669
(L) "Taxes charged and payable" means the taxes charged 1,671
and payable against real and public utility property after making 1,672
the reduction required by section 319.301 of the Revised Code, 1,673
plus the taxes levied against tangible personal property. 1,674
(M) "Total taxable value" means the sum of the amounts 1,677
certified for a city, local, exempted village, or joint 1,678
vocational school district under divisions (A)(1) and (2) of 1,679
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 1,681
indicated in this division for the county in which the A CITY, 1,682
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is 1,683
located, adjusted in accordance with division (N)(2) of this 1,685
section. If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
district is located in more than one county, the factor is the 1,687
amount indicated for the county to which the district is assigned 1,688
by the state department of education. IF A JOINT VOCATIONAL 1,689
SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS
THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL 1,690
SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS 1,691
LOCATED. 1,692
39
COST-OF-DOING-BUSINESS 1,694
COUNTY FACTOR AMOUNT 1,695
Adams 1.0100 1.0074 1,696
Allen 1.0272 1.0217 1,697
Ashland 1.0362 1.0322 1,698
Ashtabula 1.0540 1.0480 1,699
Athens 1.0040 1.0046 1,700
Auglaize 1.0300 1.0255 1,701
Belmont 1.0101 1.0078 1,702
Brown 1.0218 1.0194 1,703
Butler 1.0662 1.0650 1,704
Carroll 1.0180 1.0166 1,705
Champaign 1.0432 1.0292 1,706
Clark 1.0489 1.0462 1,707
Clermont 1.0498 1.0510 1,708
Clinton 1.0287 1.0293 1,709
Columbiana 1.0320 1.0300 1,710
Coshocton 1.0224 1.0205 1,711
Crawford 1.0174 1.0152 1,712
Cuyahoga 1.0725 1.0697 1,713
Darke 1.0360 1.0340 1,714
Defiance 1.0214 1.0177 1,715
Delaware 1.0512 1.0339 1,716
Erie 1.0414 1.0391 1,717
Fairfield 1.0383 1.0358 1,718
Fayette 1.0281 1.0266 1,719
Franklin 1.0548 1.0389 1,720
Fulton 1.0382 1.0355 1,721
Gallia 1.0000 1,722
Geauga 1.0608 1.0568 1,723
Greene 1.0418 1.0406 1,724
Guernsey 1.0091 1.0072 1,725
Hamilton 1.0750 1,726
Hancock 1.0270 1.0224 1,727
40
Hardin 1.0384 1.0219 1,728
Harrison 1.0111 1.0098 1,729
Henry 1.0389 1.0347 1,730
Highland 1.0177 1.0139 1,731
Hocking 1.0164 1.0149 1,732
Holmes 1.0275 1.0237 1,733
Huron 1.0348 1.0317 1,734
Jackson 1.0176 1.0132 1,735
Jefferson 1.0090 1.0084 1,736
Knox 1.0276 1.0251 1,737
Lake 1.0627 1.0596 1,738
Lawrence 1.0154 1.0128 1,739
Licking 1.0418 1.0381 1,740
Logan 1.0376 1.0188 1,741
Lorain 1.0573 1.0535 1,742
Lucas 1.0449 1.0413 1,743
Madison 1.0475 1.0342 1,744
Mahoning 1.0465 1.0426 1,745
Marion 1.0289 1.0121 1,746
Medina 1.0656 1.0608 1,747
Meigs 1.0016 1.0031 1,748
Mercer 1.0209 1.0177 1,749
Miami 1.0456 1.0425 1,750
Monroe 1.0152 1.0118 1,751
Montgomery 1.0484 1.0482 1,752
Morgan 1.0168 1.0140 1,753
Morrow 1.0293 1.0268 1,754
Muskingum 1.0194 1.0167 1,755
Noble 1.0150 1.0129 1,756
Ottawa 1.0529 1.0510 1,757
Paulding 1.0216 1.0156 1,758
Perry 1.0185 1.0175 1,759
Pickaway 1.0350 1.0338 1,760
Pike 1.0146 1.0103 1,761
41
Portage 1.0595 1.0556 1,762
Preble 1.0523 1.0486 1,763
Putnam 1.0308 1.0253 1,764
Richland 1.0232 1.0205 1,765
Ross 1.0111 1.0089 1,766
Sandusky 1.0361 1.0336 1,767
Scioto 1.0082 1.0044 1,768
Seneca 1.0265 1.0240 1,769
Shelby 1.0274 1.0257 1,770
Stark 1.0330 1.0313 1,771
Summit 1.0642 1.0616 1,772
Trumbull 1.0465 1.0425 1,773
Tuscarawas 1.0109 1.0099 1,774
Union 1.0488 1.0330 1,775
Van Wert 1.0181 1.0126 1,776
Vinton 1.0065 1.0068 1,777
Warren 1.0678 1.0651 1,778
Washington 1.0124 1.0110 1,779
Wayne 1.0446 1.0406 1,780
Williams 1.0316 1.0268 1,781
Wood 1.0431 1.0405 1,782
Wyandot 1.0227 1.0191 1,783
(2) As used in this division, "multiplier" means the 1,788
number for the corresponding fiscal year as follows: 1,789
FISCAL YEAR OF THE 1,791
COMPUTATION MULTIPLIER 1,792
1998 9.6/7.5 1,794
1999 11.0/7.5 1,795
2000 12.4/7.5 1,796
2001 13.8/7.5 1,797
2002 15.2/7.5 1,798
2003 16.6/7.5 1,799
2004 and thereafter 18.0/7.5 1,800
Beginning in fiscal year 1998, the department shall 1,803
42
annually adjust the cost-of-doing-business factor for each county 1,805
in accordance with the following formula: 1,806
[(The cost-of-doing-business factor specified under 1,808
division (N)(1) of this section - 1) X (the multiplier 1,809
for the fiscal year of the calculation)< + 1 1,810
The result of such formula shall be the adjusted 1,812
cost-of-doing-business factor for that fiscal year. 1,813
(O) "Tax exempt value" of a school district means the 1,815
amount certified for a school district under division (A)(4) of 1,816
section 3317.021 of the Revised Code. 1,817
(P) "Potential value" of a school district means the 1,819
adjusted total taxable value of a school district plus the tax 1,821
exempt value of the district. 1,822
(Q) "District median income" means the median Ohio 1,824
adjusted gross income certified for a school district. On or 1,825
before the first day of July of each year, the tax commissioner 1,826
shall certify to the department of education for each city, 1,827
exempted village, and local school district the median Ohio 1,828
adjusted gross income of the residents of the school district 1,829
determined on the basis of tax returns filed for the second 1,830
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 1,832
median income of all city, exempted village, and local school 1,834
districts in the state.
(S) "Income factor" for a city, exempted village, or local 1,836
school district means the quotient obtained by dividing that 1,837
district's median income by the statewide median income. 1,838
(T) Except as provided in division (B)(3) of section 1,841
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 1,843
recognized valuation divided by the greater of the district's 1,844
formula ADM or three-year average formula ADM. 1,845
(U) Except as provided in section 3317.0213 of the Revised 1,848
Code, "adjusted valuation per pupil" means the amount calculated 1,849
43
in accordance with the following formula: 1,850
District valuation per pupil - [$60,000 X 1,852
(1 - district income factor)< 1,853
If the result of such formula is negative, the adjusted 1,855
valuation per pupil shall be zero. 1,856
(V) "Income adjusted valuation" means the product obtained 1,858
by multiplying the SCHOOL district's adjusted valuation per pupil 1,859
by the greater of the district's formula ADM or three-year 1,862
average formula ADM.
(W) Except as provided in division (A)(2) of section 1,865
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 1,866
(1) In any fiscal year that a SCHOOL district's income 1,868
factor is less than or equal to one, the amount calculated under 1,870
the following formula:
(Income adjusted valuation X 1/5) + 1,871
(recognized valuation X 4/5) 1,872
(2) In fiscal year 1999, if a SCHOOL district's income 1,875
factor is greater than one, the amount calculated under the 1,876
following formula: 1,877
(Income adjusted valuation X 1/15) 1,878
+ (recognized valuation X 14/15) 1,879
Thereafter, the adjusted total taxable value of a district 1,881
with an income factor greater than one shall be its recognized 1,883
valuation.
Sec. 3317.022. (A)(1) The department of education shall 1,892
compute and distribute state basic aid BASE COST FUNDING to each 1,894
school district for the fiscal year in accordance with the
following formula, using adjusted total taxable value as defined 1,896
under division (W) of IN section 3317.02 of the Revised Code or 1,897
division (A)(2) of this section and the information obtained 1,899
under section 3317.021 of the Revised Code in the calendar year 1,900
in which the fiscal year begins.
Compute the following for each eligible district: 1,902
44
[cost-of-doing-business factor X 1,903
the formula amount X (the greater of formula ADM 1,904
or three-year average formula ADM)< - 1,905
(.023 X adjusted total taxable value) 1,906
If the difference obtained is a negative number, the 1,908
district's computation shall be zero. 1,909
(2)(a) For each school district for which the tax exempt 1,911
value of the district equals or exceeds twenty-five per cent of 1,912
the potential value of the district, the department of education 1,913
shall calculate the difference between the district's tax exempt 1,914
value and twenty-five per cent of the district's potential value. 1,915
(b) For each school district to which division (A)(2)(a) 1,918
of this section applies, the adjusted total taxable value used in 1,919
the calculation under division (A)(1) of this section shall be 1,920
the adjusted total taxable value modified by subtracting the 1,921
amount calculated under division (A)(2)(a) of this section. 1,922
(B) As used in division (C) of this section: 1,924
(1) The "total special education weight" for a district 1,926
means the sum of the following amounts: 1,927
(a) The district's category one special education ADM 1,929
multiplied by the multiple specified under division (A) of 1,932
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 1,934
three special education ADMs multiplied by the multiple specified 1,936
under division (B) of section 3317.013 of the Revised Code. 1,937
(2) "State share percentage" means the percentage 1,939
calculated for a district as follows: 1,940
(a) Calculate the basic aid STATE BASE COST FUNDING amount 1,942
for the district for the fiscal year under division (A) of this 1,944
section. If the district would not receive any state basic aid 1,945
BASE COST FUNDING for that year under that division, the 1,947
district's state share percentage is zero.
(b) If the district would receive basic aid STATE BASE 1,949
COST FUNDING under that division, divide that basic aid amount by 1,951
45
an amount equal to the following: 1,952
Cost-of-doing-business factor X 1,954
the formula amount X (the greater of formula 1,955
ADM or three-year average formula ADM) 1,956
The resultant number is the district's state share 1,958
percentage. 1,959
(3) "Related services" includes: 1,961
(a) Child study, special education supervisors and 1,963
coordinators, speech and hearing services, adaptive physical 1,964
development services, occupational or physical therapy, teacher 1,966
assistants for handicapped children whose handicaps are described 1,967
in division (B) of section 3317.013 or division (F)(3) of section 1,968
3317.02 of the Revised Code, behavioral intervention, interpreter 1,970
services, work study, nursing services, and specialized 1,971
integrative services as those terms are defined by the
department;
(b) Speech and language services provided to any student 1,974
with a handicap, including any student whose primary or only 1,975
handicap is a speech and language handicap;
(c) Any related service not specifically covered by other 1,978
state funds but specified in federal law, including but not 1,979
limited to, audiology and school psychological services;
(d) Any service included in units funded under former 1,982
division (O)(1) of section 3317.023 of the Revised Code; 1,983
(e) Any other related service needed by handicapped 1,986
children in accordance with their individualized education plans. 1,987
(4) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT 1,989
MEANS THE SUM OF THE FOLLOWING AMOUNTS: 1,990
(a) THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM 1,992
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION 1,993
3317.014 OF THE REVISED CODE; 1,994
(b) THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM 1,996
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 1,997
3317.014 OF THE REVISED CODE. 1,998
46
(C)(1) The department shall compute and distribute state 2,000
special education and related services additional weighted costs 2,001
funds to each school district in accordance with the following 2,002
formula:
The district's state share percentage 2,004
X the formula amount for the year 2,005
for which the aid is calculated 2,006
X the district's total special education weight 2,007
(2) In any fiscal year, a school district receiving funds 2,009
under division (C)(1) of this section shall spend on related 2,011
services the lesser of the following: 2,012
(a) The amount the district spent on related services in 2,015
the preceding fiscal year;
(b) 1/8 X §[cost-of-doing-business factor X the formula 2,018
amount X (the category one special education ADM + category two 2,019
special education ADM + category three special education ADM)< + 2,021
the amount calculated for the fiscal year under division (C)(1) 2,023
of this section + the local share of special education and 2,024
related services additional weighted costs 2,025
(3) The local share of special education and related 2,027
services additional weighted costs equals: 2,028
(1 - the district's state share percentage) X 2,030
the district's total special education weight X 2,031
the formula amount 2,032
(4) The department shall compute and pay in accordance 2,035
with this division additional state aid to school districts for 2,036
students in category three special education ADM. If a 2,037
district's costs for the fiscal year for a student in its 2,038
category three special education ADM are twenty-five thousand 2,040
dollars or more, the district may submit to the superintendent of 2,041
public instruction documentation, as prescribed by the 2,042
superintendent, of all its costs for that student. Upon 2,043
submission of documentation for a student of the type and in the 2,044
manner prescribed, the department shall pay to the district an 2,045
47
amount equal to the district's costs for the student in excess of 2,046
twenty-five thousand dollars multiplied by the district's state 2,047
share percentage.
(5)(a) AS USED IN THIS DIVISION, THE PERSONNEL ALLOWANCE 2,049
MEANS TWENTY THOUSAND DOLLARS IN FISCAL YEAR 2000 AND TWENTY-FIVE 2,050
THOUSAND DOLLARS IN FISCAL YEAR 2001. 2,051
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 2,053
FOR NO OTHER PURPOSE, THE DEPARTMENT OF EDUCATION SHALL PAY EACH 2,054
SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE FOLLOWING FORMULA: 2,055
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 2,058
ALLOWANCE X THE STATE SHARE PERCENTAGE 2,059
(D)(1) As used in this division, "log density" means the 2,061
logarithmic calculation (base 10) of each district's 2,062
transportation ADM per linear mile: 2,063
(a) "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS 2,065
MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE. 2,066
(b) "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS 2,068
DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER 2,069
OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE 2,070
NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION 2,071
ADM.
(c) "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION 2,073
ADM DIVIDED BY TRANSPORTATION BASE. 2,074
(2) ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS 2,076
RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION 2,077
USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION 2,078
FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF 2,079
DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT 2,080
PERCENTAGE. FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE 2,081
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS 2,082
EXPRESSED AS FOLLOWS:
50.67477 + (140.94357 X DAILY BUS MILES PER STUDENT) + 2,084
(108.36864 X TRANSPORTED STUDENT PERCENTAGE) 2,085
(3) In addition to funds paid under divisions (A) and, 2,088
48
(C), (E), AND (F) of this section, each district WITH A 2,089
TRANSPORTED STUDENT PERCENTAGE GREATER THAN ZERO shall receive a 2,090
payment equal to sixty per cent A PERCENTAGE of THE PRODUCT OF 2,091
the district's transportation ADM BASE times the district's most 2,092
AVERAGE efficient transportation use cost per transported 2,093
student. THAT PERCENTAGE SHALL BE THE FOLLOWING PERCENTAGE 2,094
SPECIFIED FOR
(3) In fiscal years 1999 through 2002, notwithstanding the 2,096
amount calculated for each district under division (D)(2) of this 2,097
section, each district shall receive in the corresponding fiscal 2,098
year the following percentage of the district's transportation 2,100
ADM times the district's most efficient transportation use cost 2,101
per transported student:
FISCAL YEAR PERCENTAGE 2,103
1999 50% 2,104
2000 52.5% 2,105
2001 55% 2,106
2002 57.5% 2,107
2003 AND THEREAFTER 60% 2,108
(4) For purposes of funding the student transportation 2,112
portion, the THE department of education shall ANNUALLY determine 2,113
the most AVERAGE efficient transportation use cost per 2,115
transported student for each school district. This cost per 2,116
student shall be an amount equal to the number ten to a power 2,117
calculated in accordance with the following formula: 2,118
(-0.413148 X log density) + 2.493129 2,119
(5) The department of education shall annually update the 2,122
most efficient transportation use cost per transported student 2,123
for each district in accordance with the PRINCIPLES STATED IN 2,124
DIVISION (D)(2) OF THIS SECTION, UPDATING THE INTERCEPT AND 2,125
REGRESSION COEFFICIENTS OF THE REGRESSION formula MODELED in THAT 2,126
division (D)(4) of this section, including the figures and log 2,128
density component of that formula, based on an annual statewide 2,129
analysis of each district's transportation ADM per linear mile 2,131
49
DAILY BUS MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, and 2,132
TRANSPORTATION COST DATA. THE DEPARTMENT shall notify the office
of budget and management of such update by September of every 2,134
year.
The department of education shall use the most recent 2,136
available PRIOR FISCAL YEAR'S data as of the first day of July of 2,137
each year to complete the annual update. The department shall 2,138
AND apply a 2.8 per cent inflation cost adjustment factor for 2,139
each fiscal year since the fiscal year for which the data applies 2,141
to adjust the amount calculated for each district under division 2,142
(D)(2) or (3) of this section to the current fiscal year level. 2,143
(4) NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS 2,145
SECTION, IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE 2,147
THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS 2,148
OR THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER 2,149
DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT 2,150
FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB. 2,152
H.B. 650 OF THE 122nd GENERAL ASSEMBLY. 2,154
(5) IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO 2,156
(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD 2,157
SUBSIDY IF BOTH OF THE FOLLOWING APPLY: 2,158
(a) ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE 2,160
STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN 2,161
DIVISION (D)(6) OF THIS SECTION; 2,162
(b) ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE 2,165
STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT 2,166
DIVISION.
(6) THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING 2,168
THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE 2,169
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA: 2,170
(PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X 2,173
DENSITY MULTIPLIER 2,174
WHERE: 2,176
(a) "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED 2,178
50
IN ACCORDANCE WITH THE FOLLOWING FORMULA: 2,179
0.75 - §0.75 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY 2,182
ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE - 2,183
STATEWIDE ROUGH ROAD PERCENTAGE)< 2,184
(i) "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST 2,186
COUNTY ROUGH ROAD PERCENTAGE IN THE STATE. 2,187
(ii) "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE 2,189
OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS 2,190
THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B, 2,192
C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED 2,193
OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 2,194
COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS 2,195
COST-OF-DOING-BUSINESS FACTOR. 2,196
(iii) "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE 2,198
PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL, 2,199
COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR 2,200
F BY THE DEPARTMENT OF TRANSPORTATION. 2,201
(b) "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S 2,203
TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD 2,204
PERCENTAGE.
(c) "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN 2,206
ACCORDANCE WITH THE FOLLOWING FORMULA: 2,207
1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT 2,209
DENSITY)/(MINIMUM STUDENT DENSITY - 2,210
STATEWIDE STUDENT DENSITY)< 2,211
(i) "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT 2,213
STUDENT DENSITY IN THE STATE. 2,214
(ii) "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S 2,216
TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE 2,217
DISTRICT. 2,218
(iii) "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE 2,220
TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM 2,221
OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS. 2,222
(7) In addition to funds paid under division DIVISIONS 2,224
51
(D)(2) or (3) TO (6) of this section, each district shall receive 2,226
in accordance with rules adopted by the state board of education
a payment for students transported by means other than 2,228
board-owned or contractor-operated buses and whose transportation 2,229
is not funded under division (J) of section 3317.024 of the 2,230
Revised Code. The rules shall include provisions for school 2,231
district reporting of such students.
(E)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 2,233
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 2,235
SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA: 2,236
STATE SHARE PERCENTAGE X 2,237
THE FORMULA AMOUNT X 2,238
TOTAL VOCATIONAL EDUCATION WEIGHT 2,239
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 2,241
DIVISION (E)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 2,242
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 2,243
VOCATIONAL EDUCATION EXPENSES. 2,244
(2) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH 2,246
SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED 2,247
SERVICES IN ACCORDANCE WITH THE FOLLOWING FORMULA: 2,248
STATE SHARE PERCENTAGE X .05 X THE FORMULA AMOUNT X THE SUM OF 2,251
CATEGORIES ONE, TWO, AND THREE VOCATIONAL EDUCATION ADM 2,254
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 2,256
DIVISION (E)(2) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 2,257
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 2,258
VOCATIONAL EDUCATION ASSOCIATED SERVICES EXPENSES, WHICH MAY 2,259
INCLUDE SUCH PURPOSES AS APPRENTICESHIP COORDINATORS, 2,260
COORDINATORS FOR OTHER VOCATIONAL EDUCATION SERVICES, VOCATIONAL 2,261
EVALUATION, AND OTHER PURPOSES DESIGNATED BY THE DEPARTMENT. THE 2,262
DEPARTMENT MAY DENY PAYMENT UNDER DIVISION (E)(2) OF THIS SECTION 2,263
TO ANY DISTRICT THAT THE DEPARTMENT DETERMINES IS NOT OPERATING 2,264
THOSE SERVICES OR IS USING FUNDS PAID UNDER DIVISION (E)(2) OF 2,266
THIS SECTION FOR OTHER PURPOSES.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 2,275
52
the Revised Code, the amounts required to be paid to a district 2,276
under this chapter shall be adjusted by the amount of the 2,278
computations made under divisions (B) to (K) of this section. 2,279
As used in this section: 2,281
(1) "Classroom teacher" means a licensed employee who 2,283
provides direct instruction to pupils, excluding teachers funded 2,284
from money paid to the district from federal sources; educational 2,285
service personnel; and vocational and special education teachers. 2,286
(2) "Educational service personnel" shall not include such 2,288
specialists funded from money paid to the district from federal 2,289
sources or assigned full-time to vocational or special education 2,290
students and classes and may only include those persons employed 2,291
in the eight specialist areas in a pattern approved by the 2,292
department of education under guidelines established by the state 2,293
board of education. 2,294
(3) "Annual salary" means the annual base salary stated in 2,296
the state minimum salary schedule for the performance of the 2,297
teacher's regular teaching duties that the teacher earns for 2,298
services rendered for the first full week of October of the 2,299
fiscal year for which the adjustment is made under division (C) 2,301
of this section. It shall not include any salary payments for
supplemental teachers contracts. 2,302
(4) "Regular student population" means the formula ADM 2,304
plus the number of students reported as enrolled in the district 2,305
pursuant to division (A)(1) of section 3313.981 of the Revised 2,306
Code; minus the number of students reported under disvision 2,308
DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the 2,309
FTE of students reported under division (B)(5), (6), (7), or (8), 2,310
OR (9) of that section who are enrolled in a vocational education 2,312
class or receiving special education; and minus one-fourth of the 2,313
students enrolled concurrently in a joint vocational school 2,314
district.
(B) If the district employs less than one full-time 2,316
equivalent classroom teacher for each twenty-five pupils in the 2,318
53
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 2,320
(1) Divide the number of the district's full-time 2,322
equivalent classroom teachers employed by one twenty-fifth; 2,323
(2) Subtract the quotient in (1) from the district's 2,325
regular student population; 2,326
(3) Multiply the difference in (2) by seven hundred 2,328
fifty-two dollars. 2,329
(C) If a positive amount, add one-half of the amount 2,331
obtained by multiplying the number of full-time equivalent 2,332
classroom teachers by: 2,333
(1) The mean annual salary of all full-time equivalent 2,335
classroom teachers employed by the district at their respective 2,336
training and experience levels minus; 2,337
(2) The mean annual salary of all such teachers at their 2,339
respective levels in all school districts receiving payments 2,340
under this section. 2,341
The number of full-time equivalent classroom teachers used 2,343
in this computation shall not exceed one twenty-fifth of the 2,344
district's regular student population. In calculating the 2,346
district's mean salary under this division, those full-time 2,347
equivalent classroom teachers with the highest training level 2,348
shall be counted first, those with the next highest training 2,349
level second, and so on, in descending order. Within the 2,350
respective training levels, teachers with the highest years of 2,351
service shall be counted first, the next highest years of service 2,352
second, and so on, in descending order.
(D) This division does not apply to a school district that 2,354
has entered into an agreement under division (A) of section 2,355
3313.42 of the Revised Code. Deduct the amount obtained from the 2,356
following computations if the district employs fewer than five 2,357
full-time equivalent educational service personnel, including 2,358
elementary school art, music, and physical education teachers, 2,359
counselors, librarians, visiting teachers, school social workers, 2,360
54
and school nurses for each one thousand pupils in the regular 2,362
student population: 2,363
(1) Divide the number of full-time equivalent educational 2,365
service personnel employed by the district by five 2,366
one-thousandths; 2,367
(2) Subtract the quotient in (1) from the district's 2,369
regular student population; 2,370
(3) Multiply the difference in (2) by ninety-four dollars. 2,372
(E) If a local school district, or a city or exempted 2,374
village school district to which a governing board of an 2,376
educational service center provides services pursuant to section 2,377
3313.843 of the Revised Code, deduct the amount of the payment 2,378
required for the reimbursement of the governing board under 2,379
section 3317.11 of the Revised Code. 2,380
(F)(1) If the district is required to pay to or entitled 2,382
to receive tuition from another school district under division 2,383
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 2,384
Revised Code, or if the superintendent of public instruction is 2,385
required to determine the correct amount of tuition and make a 2,386
deduction or credit under section 3317.08 of the Revised Code, 2,387
deduct and credit such amounts as provided in division (I) of 2,388
section 3313.64 or section 3317.08 of the Revised Code. 2,389
(2) For each child for whom the district is responsible 2,391
for tuition or payment under division (A)(1) of section 3317.082 2,392
or section 3323.091 of the Revised Code, deduct the amount of 2,394
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 2,396
superintendent of public instruction under section 3313.90 of the 2,397
Revised Code as not in compliance with the requirements of that 2,398
section, deduct an amount equal to ten per cent of the amount 2,399
computed for the district under section 3317.022 of the Revised 2,400
Code. 2,401
(H) If the district has received a loan from a commercial 2,404
lending institution for which payments are made by the 2,405
55
superintendent of public instruction pursuant to division (E)(3) 2,406
of section 3313.483 of the Revised Code, deduct an amount equal 2,407
to such payments. 2,408
(I)(1) If the district is a party to an agreement entered 2,410
into under division (D), (E), or (F) of section 3311.06 or 2,411
division (B) of section 3311.24 of the Revised Code and is 2,412
obligated to make payments to another district under such an 2,413
agreement, deduct an amount equal to such payments if the 2,414
district school board notifies the department in writing that it 2,415
wishes to have such payments deducted. 2,416
(2) If the district is entitled to receive payments from 2,418
another district that has notified the department to deduct such 2,419
payments under division (I)(1) of this section, add the amount of 2,421
such payments. 2,422
(J) If the district is required to pay an amount of funds 2,424
to a cooperative education district pursuant to a provision 2,425
described by division (B)(4) of section 3311.52 or division 2,426
(B)(8) of section 3311.521 of the Revised Code, deduct such 2,427
amounts as provided under that provision and credit those amounts 2,428
to the cooperative education district for payment to the district 2,429
under division (B)(1) of section 3317.19 of the Revised Code. 2,430
(K)(1) If a district is educating a student entitled to 2,432
attend school in another district pursuant to a shared education 2,433
contract, compact, or cooperative education agreement other than 2,434
an agreement entered into pursuant to section 3313.842 of the 2,435
Revised Code, credit to that educating district on an FTE basis 2,436
both of the following:
(a) An amount equal to the formula amount times the cost 2,438
of doing business factor of the school district where the student 2,439
is entitled to attend school pursuant to section 3313.64 or 2,440
3313.65 of the Revised Code; 2,441
(b) An amount equal to the formula amount times the state 2,443
share percentage times any multiple applicable to the student 2,444
pursuant to section 3317.013 of the Revised Code. 2,445
56
(2) Deduct any amount credited pursuant to division (K)(1) 2,447
of this section from amounts paid to the school district in which 2,448
the student is entitled to attend school pursuant to section 2,449
3313.64 or 3313.65 of the Revised Code. 2,450
(3) If the district is required by a shared education 2,452
contract, compact, or cooperative education agreement to make 2,453
payments to an educational service center, deduct the amounts 2,454
from payments to the district and add them to the amounts paid to 2,455
the service center pursuant to section 3317.11 of the Revised
Code. 2,456
Sec. 3317.024. In addition to the moneys paid to eligible 2,465
school districts pursuant to section 3317.022 of the Revised 2,467
Code, moneys appropriated for the education programs in divisions 2,468
(A) to (L), (O), and (P) of this section shall be distributed to 2,470
school districts meeting the requirements of section 3317.01 of 2,471
the Revised Code; in the case of divisions (I) and, (J), and, in 2,472
fiscal year 1999 only, division (P)(1) of this section, to 2,474
educational service centers as provided in section 3317.11 of the 2,475
Revised Code; in the case of divisions (E), (M), and (N) of this 2,476
section, to county MR/DD boards; in the case of division (I) of 2,477
this section, to joint vocational and cooperative education 2,478
school districts; in the case of division (K) of this section, to 2,479
cooperative education school districts; and in the case of 2,482
division (Q) of this section, to the institutions defined under 2,483
section 3317.082 of the Revised Code providing elementary or 2,484
secondary education programs to children other than children 2,485
receiving special education under section 3323.091 of the Revised 2,486
Code. The following shall be distributed monthly, quarterly, or 2,487
annually as may be determined by the state board of education: 2,488
(A) A per pupil amount to each school district that 2,490
establishes a summer school remediation program that complies 2,491
with rules of the state board of education. 2,492
(B) An amount for each island school district and each 2,494
joint state school district for the operation of each high school 2,495
57
and each elementary school maintained within such district and 2,496
for capital improvements for such schools. Such amounts shall be 2,497
determined on the basis of standards adopted by the state board 2,498
of education. 2,499
(C) An amount for each school district operating classes 2,501
for children of migrant workers who are unable to be in 2,502
attendance in an Ohio school during the entire regular school 2,503
year. The amounts shall be determined on the basis of standards 2,504
adopted by the state board of education, except that payment 2,505
shall be made only for subjects regularly offered by the school 2,506
district providing the classes. 2,507
(D) An amount for each school district with guidance, 2,509
testing, and counseling programs approved by the state board of 2,510
education. The amount shall be determined on the basis of 2,511
standards adopted by the state board of education. 2,512
(E) An amount for the emergency purchase of school buses 2,514
as provided for in section 3317.07 of the Revised Code; 2,515
(F) An amount for each school district required to pay 2,517
tuition for a child in an institution maintained by the 2,518
department of youth services pursuant to section 3317.082 of the 2,519
Revised Code, provided the child was not included in the 2,521
calculation of the district's average daily membership for the 2,522
preceding school year.
(G) An IN FISCAL YEAR 2000 ONLY, AN amount to each school 2,524
district for supplemental salary allowances for each licensed 2,525
employee except those licensees serving as superintendents, 2,526
assistant superintendents, principals, or assistant principals, 2,527
whose term of service in any year is extended beyond the term of 2,528
service of regular classroom teachers, as described in section 2,529
3301.0725 of the Revised Code; 2,530
(H) An amount for adult basic literacy education for each 2,532
district participating in programs approved by the state board of 2,533
education. The amount shall be determined on the basis of 2,534
standards adopted by the state board of education. 2,535
58
(I) Notwithstanding section 3317.01 of the Revised Code, 2,537
to each city, local, and exempted village school district, an 2,538
amount pursuant to section 3301.17 of the Revised Code for 2,539
conducting driver education courses at high schools for which the 2,540
state board of education prescribes minimum standards and to 2,541
joint vocational and cooperative education school districts and 2,543
educational service centers, an amount pursuant to such section 2,544
for conducting driver education courses to pupils enrolled in a 2,545
high school for which the state board prescribes minimum 2,546
standards;
(J) An amount for the approved cost of transporting 2,548
developmentally handicapped pupils whom it is impossible or 2,549
impractical to transport by regular school bus in the course of 2,550
regular route transportation provided by the district or service 2,551
center. No district or service center is eligible to receive a 2,552
payment under this division for the cost of transporting any 2,554
pupil whom it transports by regular school bus and who is 2,555
included in the district's transportation ADM. The state board 2,556
of education shall establish standards and guidelines for use by 2,557
the department of education in determining the approved cost of 2,558
such transportation for each district or service center. 2,559
(K) An amount to each school district, including each 2,561
cooperative education school district, pursuant to section 2,562
3313.81 of the Revised Code to assist in providing free lunches 2,563
to needy children and an amount to assist needy school districts 2,564
in purchasing necessary equipment for food preparation. The 2,565
amounts shall be determined on the basis of rules adopted by the 2,566
state board of education. 2,567
(L) An amount to each school district, for each pupil 2,569
attending a chartered nonpublic elementary or high school within 2,570
the district. The amount shall equal the amount appropriated for 2,571
the implementation of section 3317.06 of the Revised Code divided 2,572
by the average daily membership in grades kindergarten through 2,573
twelve in nonpublic elementary and high schools within the state 2,574
59
as determined during the first full week in October of each 2,575
school year. 2,576
(M) An amount for each county MR/DD board, distributed on 2,579
the basis of standards adopted by the state board of education, 2,580
for the approved cost of transportation required for children 2,581
attending special education programs operated by the county MR/DD 2,582
board under section 3323.09 of the Revised Code; 2,583
(N) An amount for each county MR/DD board, distributed on 2,586
the basis of standards adopted by the state board of education, 2,587
for supportive home services for preschool children; 2,588
(O) An amount for each school district that establishes a 2,590
mentor teacher program that complies with rules of the state 2,591
board of education. No school district shall be required to 2,592
establish or maintain such a program in any year unless 2,593
sufficient funds are appropriated to cover the district's total 2,594
costs for the program.
(P)(1) For fiscal year 1999 only, an AN amount to each 2,597
school district or educational service center for the total 2,598
number of gifted units approved pursuant to section 3317.05 of 2,599
the Revised Code. The amount for each such unit shall be the sum 2,600
of the minimum salary for the teacher of the unit, calculated on 2,601
the basis of the teacher's training level and years of experience 2,602
pursuant to section 3317.13 of the Revised Code, plus fifteen per 2,603
cent of that minimum salary amount, plus two thousand six hundred 2,604
seventy-eight dollars. 2,605
(2) The general assembly intends to begin a review and 2,607
revision of the funding formula for gifted education services in 2,609
1999. The analysis and any resulting calculations shall be based 2,611
upon a rational methodology for calculating the cost of adequate
gifted education services. The analysis shall use data generated 2,612
by a study funded through the department of education. 2,613
(Q) An amount to each institution defined under section 2,616
3317.082 of the Revised Code providing elementary or secondary 2,618
education to children other than children receiving special 2,619
60
education under section 3323.091 of the Revised Code. This 2,620
amount for any institution in any fiscal year shall equal the 2,621
total of all tuition amounts required to be paid to the 2,622
institution under division (A)(1) of section 3317.082 of the 2,624
Revised Code.
The state board of education or any other board of 2,626
education or governing board may provide for any resident of a 2,627
district or educational service center territory any educational 2,629
service for which funds are made available to the board by the 2,630
United States under the authority of public law, whether such 2,631
funds come directly or indirectly from the United States or any 2,632
agency or department thereof or through the state or any agency, 2,633
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 2,642
(1) "DPIA percentage" means the quotient obtained by 2,645
dividing the five-year average number of children ages five to 2,646
seventeen residing in the school district and living in a family 2,647
receiving family assistance, as certified or adjusted under 2,648
section 3317.10 of the Revised Code, by the district's three-year 2,649
average formula ADM.
(2) "Family assistance" means assistance received under 2,651
the Ohio works first program or, for the purpose of determining 2,653
the five-year average number of recipients of family assistance 2,654
in fiscal years 1999 through 2002, assistance received under an 2,655
antecedent program known as TANF or ADC. 2,656
(3) "Statewide DPIA percentage" means the five-year 2,659
average of the total number of children ages five to seventeen 2,660
years residing in the state and receiving family assistance, 2,661
divided by the sum of the three-year average formula ADMs for all 2,663
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 2,666
the school district's DPIA percentage by the statewide DPIA 2,668
percentage.
(5) "Kindergarten ADM" means the number of students 2,671
61
reported under section 3317.03 of the Revised Code as enrolled in 2,672
kindergarten. 2,673
(6) "Kindergarten through third grade ADM" means the 2,676
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 2,679
the all-day kindergarten percentage; 2,680
(b) Add the number of students in grades one through 2,682
three;
(d)(c) Subtract from the sum calculated under division 2,684
(A)(6)(c)(b) of this section the number of special education 2,686
students in grades kindergarten through three. 2,687
(7) "Statewide average teacher salary" means thirty-nine 2,689
thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN 2,690
DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED 2,691
TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for 2,692
the value of fringe benefits. 2,693
(8) "All-day kindergarten" means a kindergarten class that 2,696
is in session five days per week for not less than the same 2,697
number of clock hours each day as for pupils in grades one 2,698
through six.
(9) "All-day kindergarten percentage" means the percentage 2,700
of a district's actual total number of students enrolled in 2,701
kindergarten who are enrolled in all-day kindergarten. 2,702
(10) "Buildings with the highest concentration of need" 2,704
means the school buildings in a district with percentages of 2,706
students receiving family assistance in grades kindergarten 2,707
through three at least as high as the district-wide percentage of 2,708
students receiving family assistance. If, however, the 2,709
information provided by the department of human services under 2,710
section 3317.10 of the Revised Code is insufficient to determine 2,713
the family assistance percentage in each building, "buildings 2,714
with the highest concentration of need" has the meaning given in 2,715
rules that the department of education shall adopt. The rules 2,716
shall base the definition of "buildings with the highest 2,717
62
concentration of need" on family income of students in grades 2,718
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 2,719
division and division (G) of this section to designate buildings 2,721
where the family assistance percentage in those grades equals or 2,722
exceeds the district-wide family assistance percentage. 2,723
(B) In addition to the amounts required to be paid to a 2,726
school district under section 3317.022 of the Revised Code, a 2,727
school district shall receive the greater of the amount the 2,728
district received in fiscal year 1998 pursuant to division (B) of 2,729
section 3317.023 of the Revised Code as it existed at that time 2,731
or the sum of the computations made under divisions (C) to (E) of 2,732
this section.
(C) A supplemental payment that may be utilized for 2,734
measures related to safety and security and for remediation or 2,735
similar programs, calculated as follows: 2,736
(1) If the DPIA index of the school district is greater 2,739
than or equal to thirty-five-hundredths, but less than one, an 2,740
amount obtained by multiplying the five-year average number of 2,741
pupils in a district receiving family assistance by two hundred 2,742
thirty dollars; 2,743
(2) If the DPIA index of the school district is greater 2,746
than or equal to one, an amount obtained by multiplying the DPIA 2,748
index by two hundred thirty dollars and multiplying that product 2,749
by the five-year average number of pupils in a district receiving 2,750
family assistance. 2,751
(D) A payment for all-day kindergarten if the DPIA index 2,754
of the school district is greater than or equal to one or if the 2,755
district's three-year average formula ADM exceeded seventeen 2,756
thousand five hundred, calculated by multiplying the all-day 2,757
kindergarten percentage by the kindergarten ADM and multiplying 2,758
that product by the formula amount. 2,759
(E) A class-size reduction payment based on calculating 2,762
the number of new teachers necessary to achieve a lower 2,763
63
student-teacher ratio, as follows: 2,764
(1) Determine or calculate a formula number of teachers 2,766
per one thousand students based on the DPIA index of the school 2,768
district as follows: 2,769
(a) If the DPIA index of the school district is less than 2,772
six-tenths, the formula number of teachers is 43.478, which is 2,773
the number of teachers per one thousand students at a 2,774
student-teacher ratio of twenty-three to one; 2,775
(b) If the DPIA index of the school district is greater 2,778
than or equal to six-tenths, but less than two and one-half, the 2,779
formula number of teachers is calculated as follows: 2,780
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 2,782
Where 43.478 is the number of teachers per one thousand 2,784
students at a student-teacher ratio of twenty-three to one; 1.9 2,785
is the interval from a DPIA index of six-tenths to a DPIA index 2,788
of two and one-half; and 23.188 is the difference in the number 2,789
of teachers per one thousand students at a student-teacher ratio 2,790
of fifteen to one and the number of teachers per one thousand 2,791
students at a student-teacher ratio of twenty-three to one. 2,793
(c) If the DPIA index of the school district is greater 2,796
than or equal to two and one-half, the formula number of teachers 2,797
is 66.667, which is the number of teachers per one thousand 2,798
students at a student-teacher ratio of fifteen to one. 2,799
(2) Multiply the formula number of teachers determined or 2,801
calculated in division (E)(1) of this section by the kindergarten 2,803
through third grade ADM for the district and divide that product 2,804
by one thousand;
(3) Calculate the number of new teachers as follows: 2,806
(a) Multiply the kindergarten through third grade ADM by 2,809
43.478, which is the number of teachers per one thousand students 2,810
at a student-teacher ratio of twenty-three to one, and divide 2,811
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 2,814
of this section from the product in division (E)(2) of this 2,815
64
section.
(4) Multiply the greater of the difference obtained under 2,817
division (E)(3) of this section or zero by the statewide average 2,819
teachers salary.
(F) This division applies only to school districts whose 2,821
DPIA index is one or greater. 2,822
(1) Each school district subject to this division shall 2,824
first utilize funds received under this section so that, when 2,825
combined with other funds of the district, sufficient funds exist 2,826
to provide all-day kindergarten to at least the number of 2,827
children in the district's all-day kindergarten percentage. 2,828
(2) Up to an amount equal to the district's DPIA index 2,830
multiplied by the five-year average number of pupils in a 2,831
district receiving family assistance multiplied by two hundred 2,832
thirty dollars of the money distributed under this section may be 2,834
utilized for one or both of the following: 2,835
(a) Programs designed to ensure that schools are free of 2,838
drugs and violence and have a disciplined environment conducive 2,839
to learning;
(b) Remediation for students who have failed or are in 2,842
danger of failing any of the proficiency tests administered 2,843
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 2,845
section, all other funds distributed under this section to 2,846
districts subject to this division shall be utilized for the 2,847
purpose of the third grade guarantee. The third grade guarantee 2,848
consists of increasing the amount of instructional attention 2,850
received per pupil in kindergarten through third grade, either by 2,851
reducing the ratio of students to instructional personnel or by 2,852
increasing the amount of instruction and curriculum-related 2,853
activities by extending the length of the school day or the 2,854
school year.
School districts may implement a reduction of the ratio of 2,856
students to instructional personnel through any or all of the 2,857
65
following methods: 2,858
(a) Reducing the number of students in a classroom taught 2,861
by a single teacher;
(b) Employing full-time educational aides or educational 2,864
paraprofessionals issued a permit or license under section 2,865
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 2,868
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 2,870
the amount of time allocated for each class, increasing the 2,871
number of classes provided per day, offering optional 2,872
academic-related after-school programs, providing 2,873
curriculum-related extra curricular activities, or establishing 2,874
tutoring or remedial services for students who have demonstrated 2,875
an educational need. In accordance with section 3319.089 of the 2,876
Revised Code, a district extending the school day pursuant to 2,878
this division may utilize a participant of the work experience 2,879
program who has a child enrolled in a public school in that 2,880
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 2,881
work experience program participant is compensated, the school 2,882
district may use the funds distributed under this section for all 2,883
or part of the compensation.
Districts may extend the school year either through adding 2,885
regular days of instruction to the school calendar or by 2,886
providing summer programs. 2,887
(G) Each district subject to division (F) of this section 2,890
shall not expend any funds received under division (E) of this 2,891
section in any school buildings that are not buildings with the 2,892
highest concentration of need, unless there is a ratio of 2,893
instructional personnel to students of no more than fifteen to 2,894
one in each kindergarten and first grade class in all buildings 2,895
with the highest concentration of need. This division does not 2,897
require that the funds used in buildings with the highest 2,898
66
concentration of need be spent solely to reduce the ratio of 2,899
instructional personnel to students in kindergarten and first 2,900
grade. A school district may spend the funds in those buildings 2,901
in any manner permitted by division (F)(3) of this section, but 2,902
may not spend the money in other buildings unless the 2,903
fifteen-to-one ratio required by this division is attained. 2,904
(H)(1) By the first day of August of each fiscal year, 2,906
each school district wishing to receive any funds under division 2,907
(D) of this section shall submit to the department of education 2,909
an estimate of its all-day kindergarten percentage. Each 2,911
district shall update its estimate throughout the fiscal year in 2,912
the form and manner required by the department, and the 2,913
department shall adjust payments under this section to reflect 2,914
the updates.
(2) Annually by the end of December, the department of 2,916
education, utilizing data from the information system established 2,918
under section 3301.0714 of the Revised Code and after 2,919
consultation with the legislative office of education oversight, 2,920
shall determine for each school district subject to division (F) 2,921
of this section whether in the preceding fiscal year the 2,922
district's ratio of instructional personnel to students; and its 2,923
number of kindergarten students receiving all-day kindergarten 2,924
appear reasonable, given the amounts of money the district 2,925
received for that fiscal year pursuant to divisions (D) and (E) 2,926
of this section. If the department is unable to verify from the 2,927
data available that students are receiving reasonable amounts of 2,928
instructional attention and all-day kindergarten, given the funds 2,929
the district has received under this section and that class-size 2,931
reduction funds are being used in school buildings with the 2,932
highest concentration of need as required by division (G) of this 2,933
section, the department shall conduct a more intensive 2,934
investigation to ensure that funds have been expended as required 2,935
by this section. The department shall file an annual report of 2,936
its findings under this division with the chairpersons of the 2,937
67
committees in each house of the general assembly dealing with 2,938
finance and education.
(I) Any school district with a DPIA index less than one 2,940
and a three-year average formula ADM exceeding seventeen thousand 2,943
five hundred shall first utilize funds received under this 2,944
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 2,945
least the number of children in the district's all-day 2,946
kindergarten percentage. Such a district shall expend at least 2,947
seventy per cent of the remaining funds received under this 2,948
section, and any other district with a DPIA index less than one 2,950
shall expend at least seventy per cent of all funds received 2,951
under this section, for any of the following purposes: 2,952
(1) The purchase of technology for instructional purposes; 2,955
(2) All-day kindergarten; 2,957
(3) Reduction of class sizes; 2,959
(4) Summer school remediation; 2,961
(5) Dropout prevention programs; 2,963
(6) Guaranteeing that all third graders are ready to 2,966
progress to more advanced work;
(7) Summer education and work programs; 2,968
(8) Adolescent pregnancy programs; 2,970
(9) Head start or preschool programs; 2,972
(10) Reading improvement programs described by the 2,975
department of education;
(11) Programs designed to ensure that schools are free of 2,978
drugs and violence and have a disciplined environment conducive 2,979
to learning;
(12) Furnishing, free of charge, materials used in courses 2,982
of instruction, except for the necessary textbooks required to be 2,983
furnished without charge pursuant to section 3329.06 of the 2,984
Revised Code, to pupils living in families participating in Ohio 2,985
works first in accordance with section 3313.642 of the Revised 2,986
Code;
68
(13) School breakfasts provided pursuant to section 2,988
3313.813 of the Revised Code. 2,989
Each district shall submit to the department, in such 2,991
format and at such time as the department shall specify, a report 2,992
on the programs for which it expended funds under this division. 2,993
(J) If at any time the superintendent of public 2,995
instruction determines that a school district receiving funds 2,996
under division (D) of this section has enrolled less than the 2,997
all-day kindergarten percentage reported for that fiscal year, 2,999
the superintendent shall withhold from the funds otherwise due 3,000
the district under this section a proportional amount as 3,001
determined by the difference in the certified all-day 3,002
kindergarten percentage and the percentage actually enrolled in 3,003
all-day kindergarten. 3,004
The superintendent shall also withhold an appropriate 3,006
amount of funds otherwise due a district for any other misuse of 3,007
funds not in accordance with this section. 3,008
Sec. 3317.0212. Divisions (B) and (C) of this section do 3,017
not apply to a school district with a formula ADM of one hundred 3,019
fifty or less.
(A) As used in this section: 3,021
(1) "Fundamental FY 1997 state aid" or "fundamental FY 3,024
1998 state aid" for a district means the total amount of state 3,025
money received by the district for the applicable fiscal year as 3,027
reported on the department of education's form "SF-12," adjusted 3,028
as follows: 3,029
(a) Minus the amount for transportation; 3,031
(b) Minus any amounts for approved preschool handicapped 3,034
units;
(c) Minus any additional amount attributable to the 3,037
reappraisal guarantee of division (C) of section 3317.04 of the 3,038
Revised Code; 3,039
(d) Plus the amount deducted for payments to an 3,041
educational service center; 3,042
69
(e) Plus an estimated portion of the state money 3,044
distributed in the applicable fiscal year to other school 3,045
districts or educational service centers for approved units, 3,046
other than preschool handicapped or gifted education units, 3,047
attributable to the costs of providing services in those units to 3,049
students entitled to attend school in the district;
(f) Minus an estimated portion of the state money 3,051
distributed to the school district in the applicable fiscal year 3,052
for approved units, other than preschool handicapped units or 3,053
gifted education units, attributable to the costs of providing 3,054
services in those units to students entitled to attend school in 3,055
another school district; 3,056
(g) Plus any additional amount paid in the applicable 3,059
fiscal year pursuant to the vocational education recomputation 3,060
required by Section 45.12 of Amended Substitute House Bill No.
117 of the 121st general assembly or former Section 50.22 of 3,061
Amended Substitute House Bill No. 215 of the 122nd general 3,062
assembly;
(h) Plus any additional amount paid in the applicable 3,065
fiscal year pursuant to the special education recomputation 3,066
required by former division (I) of section 3317.023 of the
Revised Code; 3,067
(i) Plus any amount paid for equity aid in the applicable 3,070
fiscal year under section 3317.0213 of the Revised Code; 3,072
(j) Plus any amount received for the applicable fiscal 3,074
year pursuant to section 3317.027 of the Revised Code; 3,076
(k) Plus any amount received for the applicable fiscal 3,078
year resulting from a recomputation made under division (B) of 3,079
section 3317.022 of the Revised Code. 3,080
(2) "Enhanced FY 1998 1999 state aid" for a district means 3,083
its fundamental FY 1998 state BASIC aid FOR FISCAL YEAR 1999, 3,085
plus any amounts for which the district was eligible pursuant to 3,086
division (K) (D) of THE VERSION OF section 3317.024 3317.022 of 3,087
the Revised Code, as that division existed in EFFECT THAT fiscal 3,088
70
year 1998. 3,089
(3) "State basic aid" for a district for any fiscal year 3,091
after fiscal year 1998 1999 means the sum of the following: 3,093
(a) The amount computed for the district for basic formula 3,095
aid and BASE COST FUNDING, special education funding, AND 3,097
VOCATIONAL EDUCATION FUNDING under divisions (A), (B), and (C)(1) 3,099
AND (5), AND (E) of section 3317.022 and sections 3317.025 and 3,100
3317.027 of the Revised Code and DPIA aid under section 3317.029 3,101
of the Revised Code in the current fiscal year before any 3,103
deduction or credit required by division (B), (D), (E), (F), (G), 3,105
(H), (I), (J), or (K) of section 3317.023 or division (J) of 3,106
section 3317.029 of the Revised Code; 3,107
(b) Any amounts for which the district is eligible 3,109
pursuant to division (C) of section 3317.023, divisions (G) and 3,110
(P) of section 3317.024, and THE SUPPLEMENTAL UNIT ALLOWANCE PAID 3,111
FOR GIFTED UNITS UNDER division (B) of section 3317.162 of the 3,112
Revised Code; 3,113
(c) Any equity aid for which the district is eligible 3,116
under section 3317.0213 of the Revised Code.
(4) "STATE BASIC AID FOR FISCAL YEAR 1999" MEANS A 3,118
DISTRICT'S "STATE BASIC AID" FOR THAT YEAR, AS DEFINED IN THE 3,119
VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, PLUS AN 3,120
APPROPRIATE PROPORTION, AS DETERMINED BY THE DEPARTMENT OF 3,121
EDUCATION, OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN
FISCAL YEAR 1999 FROM THE VOCATIONAL EDUCATION SET-ASIDE AND 3,122
ATTRIBUTABLE TO THE DISTRICT'S STUDENTS. 3,123
(5) "VOCATIONAL EDUCATION SET-ASIDE" MEANS THE UP TO 3,125
$24,193,118 EARMARKED FOR ADDITIONAL SCHOOL DISTRICT VOCATIONAL 3,126
EDUCATION GRANTS UNDER APPROPRIATION ITEM 200-545, VOCATIONAL 3,127
EDUCATION ENHANCEMENTS, IN AM. SUB. H.B. 770 OF THE 122nd GENERAL 3,128
ASSEMBLY.
(B) Upon request of the department of education, the 3,130
treasurer of any school district or educational service center 3,131
shall furnish data needed to calculate the amounts specified in 3,132
71
divisions (A)(1)(e) and (f) of this section. The department 3,133
shall compute AND PAY the state basic aid guarantee for each 3,134
school district for the fiscal year as follows: 3,135
(1) Subtract the amount of state basic aid from the amount 3,138
of fundamental FY 1998 state aid. If a negative number, this 3,139
computation shall be deemed to be zero. 3,140
(2) Compute the following amounts: 3,142
(a) Formula ADM X (state basic aid/formula ADM); 3,145
(b) The greater of formula ADM or three-year average 3,148
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 3,149
(3) If the amount computed under division (B)(2)(b) of 3,152
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 3,154
greater. If the amount computed under division (B)(2)(b) of this 3,155
section is not greater than the amount computed under division 3,156
(B)(2)(a) of this section, this computation shall be deemed to be 3,157
zero.
(4) Except as provided in division (C) of this section, 3,160
the department shall determine for each district the lesser of 3,161
the amounts computed in divisions (B)(1) and (3) of this section 3,163
and, if greater than zero, pay PAY the district that ANY POSITIVE 3,165
amount CALCULATED UNDER DIVISION (B)(1) OF THIS SECTION. 3,166
(C) In fiscal year 1999 2000, the department shall 3,169
calculate for each district the sum of the district's state basic 3,170
aid for THAT fiscal year 1999, plus ANY AMOUNT CALCULATED UNDER 3,171
DIVISION (B)(1) OF THIS SECTION, PLUS the transportation portion 3,172
of state aid computed FOR THE DISTRICT FOR THAT FISCAL YEAR under 3,174
division (D) of THE VERSION OF section 3317.022 of the Revised 3,176
Code for the district for IN EFFECT THAT fiscal year 1999. If a 3,177
district's enhanced FY 1998 1999 state aid is greater than that 3,178
sum, then the department shall pay the district in THAT fiscal 3,180
year 1999 one hundred per cent of the difference or the amount 3,181
required by division (B)(4) of this section, whichever is 3,182
greater.
72
(D)(1) The state basic aid guarantee in any fiscal year 3,184
for a school district with a formula ADM of one hundred fifty or 3,185
less shall be the greatest of the following amounts: 3,186
(a) The district's state basic aid for the fiscal year; 3,188
(b) The district's fundamental FY 1998 state aid; 3,190
(c) The district's fundamental FY 1997 state aid. 3,192
(2) If in any fiscal year the state basic aid for a school 3,194
district with a formula ADM of one hundred fifty or less is less 3,195
than the guarantee amount determined for the district under 3,196
division (D)(1) of this section, the department of education 3,197
shall pay the district the amount of the difference. 3,198
Sec. 3317.0213. No money shall be distributed under this 3,207
section after fiscal year 2001 2002. 3,208
(A) As used in this section: 3,210
(1) "ADM" for any school district means: 3,212
(a) In fiscal year 1999, the FY 1998 ADM; 3,215
(b) In fiscal years 2000 and 2001 THROUGH 2002, the 3,217
formula ADM reported for the previous fiscal year. 3,218
(2) "Average taxable value" means the average of the 3,221
amounts certified for a district in the second, third, and fourth 3,222
preceding fiscal years under divisions (A)(1) and (2) of section 3,223
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means: 3,225
(a) In fiscal year 1999, the district's average taxable 3,228
value, divided by the district's FY 1998 ADM; 3,231
(b) In a fiscal year that occurs after fiscal year 1999, 3,234
the district's average taxable value, divided by the district's 3,236
formula ADM for the preceding fiscal year. 3,237
(4) "Threshold valuation" means: 3,239
(a) In fiscal year 1999, the adjusted valuation per pupil 3,242
of the school district with the two hundred twenty-ninth lowest 3,243
adjusted valuation per pupil in the state, according to data 3,245
available at the time of the computation under division (B) of 3,246
this section;
73
(b) In fiscal year 2000, the adjusted valuation per pupil 3,248
of the district with the one hundred sixty-third NINETY-SIXTH 3,249
lowest such valuation in the state; 3,250
(c) In fiscal year 2001, the adjusted valuation per pupil 3,252
of the district with the one hundred eighteenth SIXTY-THIRD 3,253
lowest such valuation in the state; 3,254
(d) IN FISCAL YEAR 2002, THE ADJUSTED VALUATION PER PUPIL 3,256
OF THE DISTRICT WITH THE ONE-HUNDRED-EIGHTEENTH LOWEST SUCH 3,257
VALUATION IN THE STATE.
(5) "Adjusted valuation per pupil" for a district means an 3,259
amount calculated in accordance with the following formula: 3,260
The district's valuation per pupil - ($30,000 X (one minus the 3,263
district's income factor))
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 3,265
fiscal year 2000, and .010 in fiscal year YEARS 2001 AND 2002. 3,267
(B) Beginning in fiscal year 1993, during August of each 3,269
fiscal year, the department of education shall distribute to each 3,270
school district meeting the requirements of section 3317.01 of 3,271
the Revised Code whose adjusted valuation per pupil is less than 3,272
the threshold valuation, an amount calculated in accordance with 3,273
the following formula: 3,274
(The threshold valuation - the district's adjusted valuation per 3,277
pupil) X millage rate X ADM 3,278
Sec. 3317.0216. (A) As used in this section: 3,287
(1) "Total taxes charged and payable for current expenses" 3,290
means the sum of the taxes charged and payable as certified under 3,291
division (A)(3) of section 3317.021 of the Revised Code, and the 3,293
tax liability for the preceding year under any school district 3,294
income tax levied by the district pursuant to Chapter 5748. of 3,295
the Revised Code to the extent the revenue from the income tax is 3,296
allocated or apportioned to current expenses. 3,297
(2) "State equalization enhancement payments" means any 3,299
payment made to a school district pursuant to section 3317.0215 3,300
of the Revised Code for the preceding fiscal year. 3,301
74
(3) "Charge-off amount" means the product obtained by 3,303
multiplying two and three-tenths per cent by adjusted total 3,304
taxable value. 3,305
(4) "Total receipts available for current expenses" of a 3,308
school district means the sum of total taxes charged and payable 3,309
for current expenses and the district's state equalization
enhancement payments. 3,310
(5) "Local share of special education and related services 3,312
additional weighted costs" has the same meaning as in division 3,315
(C)(3) of section 3317.022 of the Revised Code.
(6) "LOCAL SHARE OF VOCATIONAL EDUCATION AND ASSOCIATED 3,317
SERVICES ADDITIONAL WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT 3,318
MEANS THE AMOUNT DETERMINED AS FOLLOWS: 3,319
(1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION 3,320
3317.022 OF THE REVISED CODE) X [(TOTAL VOCATIONAL 3,321
EDUCATION WEIGHT AS DEFINED IN THAT SECTION X 3,323
THE FORMULA AMOUNT) + THE DISTRICT'S PAYMENT UNDER DIVISION 3,325
(E)(2) OF SECTION 3317.02 OF THE REVISED CODE<
(B) Upon receiving the certifications under section 3,327
3317.021 of the Revised Code, the department of education shall 3,328
determine for each city, local, and exempted village school 3,330
district whether the district's charge-off amount is greater than 3,331
the district's total receipts available for current expenses, and 3,332
if it is, shall pay the district the amount of the difference. A 3,333
payment shall not be made to any school district for which the 3,334
computation under division (A) of section 3317.022 of the Revised 3,335
Code equals zero. 3,336
(C)(1) If a district's charge-off amount is equal to or 3,338
greater than its total receipts available for current expenses, 3,339
the department shall, in addition to the payment required under 3,340
division (B) of this section, pay the district the amount of the 3,341
local share of special education expenses AND RELATED SERVICES 3,342
ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF 3,343
VOCATIONAL EDUCATION AND ASSOCIATED SERVICES ADDITIONAL WEIGHTED 3,344
75
COSTS.
(2) If a district's charge-off amount is less than its 3,346
total receipts available for current expenses, the department 3,347
shall pay the district any amount by which THE SUM OF its local 3,350
share of special education and related services additional 3,351
weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION AND 3,352
ASSOCIATED SERVICES ADDITIONAL WEIGHTED COSTS exceeds its total 3,354
receipts available for current expenses minus its charge-off
amount.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 3,364
and (C) of this section, any student enrolled in kindergarten 3,365
more than half time shall be reported as one-half student under 3,366
this section.
(A) The superintendent of each city and exempted village 3,369
school district and of each educational service center shall, for 3,370
the schools under the superintendent's supervision, certify to 3,371
the state board of education on or before the fifteenth day of 3,372
October in each year for the first full school week in October 3,373
the formula ADM, which shall consist of the average daily 3,374
membership during such week of the sum of the following: 3,375
(1) On an FTE basis, the number of students in grades 3,378
kindergarten through twelve receiving any educational services 3,379
from the district, except that the following categories of 3,380
students shall not be included in the determination: 3,381
(a) Students enrolled in adult education classes; 3,383
(b) Adjacent or other district students enrolled in the 3,385
district under an open enrollment policy pursuant to section 3,386
3313.98 of the Revised Code; 3,387
(c) Students receiving services in the district pursuant 3,389
to a compact, cooperative education agreement, or a contract, but 3,390
who are entitled to attend school in another district pursuant to 3,391
section 3313.64 or 3313.65 of the Revised Code; 3,392
(d) Students for whom tuition is payable pursuant to 3,395
sections 3317.081 and 3323.141 of the Revised Code. 3,396
76
(2) On an FTE basis, the number of students entitled to 3,399
attend school in the district pursuant to section 3313.64 or 3,400
3313.65 of the Revised Code, but receiving educational services 3,402
in grades kindergarten through twelve from one or more of the
following entities: 3,403
(a) A community school pursuant to Chapter 3314. of the 3,406
Revised Code or Section 50.52 of Amended Substitute House Bill 3,407
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 3,409
3313.979 of the Revised Code as described in division (I)(2)(a) 3,411
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 3,413
Code;
(d) An adjacent or other school district under an open 3,416
enrollment policy adopted pursuant to section 3313.98 of the 3,417
Revised Code; 3,418
(e) An educational service center or cooperative education 3,421
district;
(f) Another school district under a cooperative education 3,424
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 3,426
joint vocational school district or under a vocational education 3,427
compact;
(4) The number of handicapped children, other than 3,429
handicapped preschool children, entitled to attend school in the 3,430
district pursuant to section 3313.64 or 3313.65 of the Revised 3,432
Code who are placed with a county MR/DD board, minus the number 3,435
of such children placed with a county MR/DD board in fiscal year 3,436
1998. If this calculation produces a negative number, the number 3,438
reported under division (A)(4) of this section shall be zero. 3,440
(B) To enable the department of education to obtain the 3,443
data needed to complete the calculation of payments pursuant to 3,444
this chapter, in addition to the formula ADM, each superintendent 3,446
shall report separately the following student counts: 3,447
77
(1) The total average daily membership in regular day 3,449
classes included in the report under division (A)(1) or (2) of 3,450
this section for kindergarten, and each of grades one through 3,451
twelve in schools under the superintendent's supervision; 3,453
(2) The average daily membership of all handicapped 3,455
preschool children included in a unit approved for the district 3,456
under section 3317.05 of the Revised Code, in accordance with 3,457
rules adopted under that section; 3,458
(3) The number of children entitled to attend school in 3,460
the district pursuant to section 3313.64 or 3313.65 of the 3,461
Revised Code who are participating in a pilot project scholarship 3,463
program established under sections 3313.974 to 3313.979 of the 3,464
Revised Code as described in division (I)(2)(a) or (b) of this 3,466
section, are enrolled in a college under Chapter 3365. of the 3,467
Revised Code, are enrolled in an adjacent or other school 3,468
district under section 3313.98 of the Revised Code, are enrolled 3,469
in a community school established under Chapter 3314. of the 3,471
Revised Code or Section 50.52 of Amended Substitute House Bill 3,472
No. 215 of the 122nd general assembly, or are participating in a 3,473
program operated by a county MR/DD board or a state institution; 3,475
(4) The number of pupils enrolled in joint vocational 3,477
schools; 3,478
(5) The average daily membership of handicapped children 3,481
reported under division (A)(1) or (2) of this section receiving 3,482
category one special education services, described in division 3,483
(A) of section 3317.013 of the Revised Code; 3,484
(6) The average daily membership of handicapped children 3,486
reported under division (A)(1) or (2) of this section receiving 3,487
category two special education services, described in division 3,488
(B) of section 3317.013 of the Revised Code; 3,489
(7) The average daily membership of handicapped children 3,491
reported under division (A)(1) or (2) of this section identified 3,493
as having any of the handicaps specified in division (F)(3) of 3,494
section 3317.02 of the Revised Code;
78
(8) The average daily membership of pupils reported under 3,496
division (A)(1) or (2) of this section enrolled in CATEGORY ONE 3,497
vocational education programs or classes, DESCRIBED IN DIVISION 3,499
(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the
school district or by another district, other than a joint 3,500
vocational school district, or by an educational service center; 3,501
(9) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 3,503
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO 3,504
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION 3,505
(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE 3,506
SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT 3,507
VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER; 3,508
(10) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 3,510
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY THREE 3,511
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, AS DESIGNATED BY THE 3,512
DEPARTMENT OF EDUCATION, THAT ARE OPERATED BY THE SCHOOL DISTRICT 3,514
OR BY ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT VOCATIONAL 3,515
SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER;
(11) The average number of children transported by the 3,518
school district on board-owned or contractor-owned and -operated 3,519
buses, reported in accordance with rules adopted by the 3,521
department of education;
(10)(12)(a) The number of children, other than handicapped 3,524
preschool children, the district placed with a county MR/DD board 3,525
in fiscal year 1998; 3,526
(b) The number of handicapped children, other than 3,528
handicapped preschool children, placed with a county MR/DD board 3,530
in the current fiscal year to receive category one special 3,531
education services, described in division (A) of section 3317.013 3,533
of the Revised Code; 3,534
(c) The number of handicapped children, other than 3,536
handicapped preschool children, placed with a county MR/DD board 3,538
in the current fiscal year to receive category two special 3,539
education services, described in division (B) of section 3317.013 3,541
79
of the Revised Code; 3,542
(d) The number of handicapped children, other than 3,544
handicapped preschool children, placed with a county MR/DD board 3,546
in the current fiscal year to receive category three special 3,547
education services, described in division (F)(3) of section 3,549
3317.02 of the Revised Code. 3,551
(C) Except as otherwise provided in this section for 3,553
kindergarten students, the average daily membership in divisions 3,554
(B)(1) to (8)(10) of this section shall be based upon the number 3,556
of full-time equivalent students. The state board of education 3,557
shall adopt rules defining full-time equivalent students and for 3,558
determining the average daily membership therefrom for the 3,560
purposes of divisions (A) and, (B), AND (D) of this section. No 3,561
child shall be counted as more than a total of one child in the 3,562
sum of the average daily memberships of a school district under 3,564
division (A) or under, divisions (B)(1) to (8)(10), OR DIVISION 3,565
(D) of this section. Based on the information reported under 3,567
this section, the department of education shall determine the
total student count, as defined in section 3301.011 of the 3,568
Revised Code, for each school district. 3,569
(D)(1) The superintendent of each joint vocational and 3,571
cooperative education school district shall certify to the 3,573
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable ON OR BEFORE THE 3,574
FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL 3,575
WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE 3,577
average daily memberships for all students in the joint 3,578
vocational or cooperative education school district, MEMBERSHIP 3,580
DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS 3,582
RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT 3,583
THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE 3,584
DETERMINATION:
(a) STUDENTS ENROLLED IN ADULT EDUCATION CLASSES; 3,586
(b) ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS 3,588
80
ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT 3,590
TO SECTION 3313.98 OF THE REVISED CODE; 3,591
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 3,593
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 3,594
WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED 3,596
VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE 3,597
TERRITORY OF THE JOINT VOCATIONAL DISTRICT;
(d) STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO 3,599
SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE. 3,600
(2) TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE 3,602
DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO 3,603
THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT 3,604
SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN 3,605
THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE 3,606
FOLLOWING CATEGORIES OF STUDENTS: 3,607
(a) STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT 3,609
VOCATIONAL DISTRICT SCHOOLS; 3,610
(b) HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL 3,612
EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013 3,614
OF THE REVISED CODE;
(c) HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL 3,616
EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013 3,618
OF THE REVISED CODE;
(d) HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE 3,620
HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE 3,622
REVISED CODE;
(e) STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION 3,624
SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE 3,625
REVISED CODE;
(f) STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION 3,627
SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE 3,628
REVISED CODE;
(g) STUDENTS RECEIVING CATEGORY THREE VOCATIONAL EDUCATION 3,630
SERVICES, AS DESIGNATED BY THE DEPARTMENT. 3,631
81
THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT 3,633
SHALL also indicating INDICATE the city, local, or exempted 3,635
village school district of residence for IN WHICH each JOINT 3,636
VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT 3,637
TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.
(E) In each school of each city, local, exempted village, 3,639
joint vocational, and cooperative education school district there 3,640
shall be maintained a record of school membership, which record 3,641
shall accurately show, for each day the school is in session, the 3,642
actual membership enrolled in regular day classes. For the 3,643
purpose of determining average daily membership, the membership 3,644
figure of any school shall not include any pupils except those 3,645
pupils described by division (A) of this section. The record of 3,647
membership for each school shall be maintained in such manner 3,648
that no pupil shall be counted as in membership prior to the 3,649
actual date of entry in the school and also in such manner that 3,650
where for any cause a pupil permanently withdraws from the school 3,651
that pupil shall not be counted as in membership from and after 3,653
the date of such withdrawal. There shall not be included in the 3,654
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 3,657
a public high school;
(2) Any pupil who is not a resident of the state; 3,659
(3) Any pupil who was enrolled in the schools of the 3,662
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 3,663
not take one or more of the tests required by that section and 3,664
was not excused pursuant to division (C)(1) of that section; 3,665
(4) Any pupil who has attained the age of twenty-two 3,667
years, except for the following: 3,668
(a) Persons suffering from tuberculosis and receiving 3,670
treatment in any approved state, county, district, or municipal 3,671
tuberculosis hospital who have not graduated from the twelfth 3,672
grade of a public high school; 3,673
82
(b) Veterans of the armed services whose attendance was 3,675
interrupted before completing the recognized twelve-year course 3,676
of the public schools by reason of induction or enlistment in the 3,677
armed forces and who apply for reenrollment in the public school 3,678
system of their residence not later than four years after 3,679
termination of war or their honorable discharge. 3,680
If, however, any veteran described by division (E)(4)(b) of 3,683
this section elects to enroll in special courses organized for 3,684
veterans for whom tuition is paid under the provisions of federal 3,685
laws, or otherwise, that veteran shall not be included in average 3,687
daily membership.
Notwithstanding division (E)(3) of this section, the 3,689
membership of any school may include a pupil who did not take a 3,690
test required by section 3301.0711 of the Revised Code if the 3,691
superintendent of public instruction grants a waiver from the 3,692
requirement to take the test to the specific pupil. The 3,693
superintendent may grant such a waiver only for good cause in 3,694
accordance with rules adopted by the state board of education. 3,695
The average daily membership figure of any local, city, or 3,697
exempted village, OR JOINT VOCATIONAL school district shall be 3,698
determined by dividing the figure representing the sum of the 3,700
number of pupils enrolled during each day the school of 3,701
attendance is actually open for instruction during the first full 3,702
school week in October by the total number of days the school was 3,703
actually open for instruction during that week. For purposes of 3,704
state funding, "enrolled" persons are only those pupils who are 3,705
attending school, those who have attended school during the 3,706
current school year and are absent for authorized reasons, and 3,707
those handicapped children currently receiving home instruction. 3,708
The average daily membership figure of any joint vocational 3,710
or cooperative education school district shall be determined in 3,711
accordance with rules adopted by the state board of education. 3,712
(F)(1) If the formula ADM for the first full school week 3,715
in February is at least three per cent greater than that 3,716
83
certified for the first full school week in the preceding 3,717
October, the superintendent of schools of any city or, exempted 3,718
village, OR JOINT VOCATIONAL school district or educational 3,720
service center shall certify such increase to the superintendent 3,721
of public instruction. Such certification shall be submitted no 3,722
later than the fifteenth day of February. For the balance of the 3,723
fiscal year, beginning with the February payments, the 3,724
superintendent of public instruction shall use the increased 3,725
formula ADM in calculating or recalculating the amounts to be 3,726
allocated in accordance with section 3317.022 OR 3317.16 of the 3,728
Revised Code. In no event shall the superintendent use an 3,729
increased membership certified to the superintendent after the 3,730
fifteenth day of February. 3,731
(2) If during the first full school week in February the 3,733
total number of units for handicapped preschool children that are 3,736
eligible for approval under division (B) of section 3317.05 of 3,737
the Revised Code exceeds the number of such units that have been 3,738
approved for the year under such division, the superintendent of 3,739
schools of any city, exempted village, or cooperative education 3,740
school district or educational service center shall make the 3,741
certifications required by this section for such week. If the 3,742
state board of education determines additional units can be 3,743
approved for the fiscal year within any limitations set forth in 3,744
the acts appropriating moneys for the funding of such units, the 3,746
board shall approve additional units for the fiscal year on the 3,747
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 3,748
computed in the manner prescribed in section 3317.161 or 3317.19 3,750
and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the 3,752
total number of special education units that are eligible for 3,753
approval under division (D)(1) of section 3317.05 of the Revised 3,754
Code for a joint vocational school district exceeds the number of 3,755
those units that have been approved for the year under that 3,756
84
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 3,757
state board of education determines additional units can be 3,758
approved for the fiscal year within any limitations set forth in 3,759
the acts appropriating moneys for the funding of such units, the 3,760
state board shall approve additional units for the fiscal year on 3,761
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 3,762
computed in the manner prescribed by section 3317.16 of the 3,763
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 3,765
special education program pursuant to section 3323.091 of the 3,766
Revised Code shall, for the programs under such superintendent's 3,768
supervision, certify to the state board of education the average 3,769
daily membership of all handicapped children in classes or 3,770
programs approved annually by the state board of education, in 3,771
the manner prescribed by the superintendent of public 3,772
instruction.
(b) The superintendent of an institution with vocational 3,775
education units approved under division (A) of section 3317.05 of 3,776
the Revised Code shall, for the units under the superintendent's 3,778
supervision, certify to the state board of education the average 3,779
daily membership in those units, in the manner prescribed by the 3,780
superintendent of public instruction. 3,781
(2) The superintendent of each county MR/DD board that 3,783
maintains special education classes or units approved by the 3,784
state board of education pursuant to section 3317.05 of the 3,786
Revised Code shall do both of the following: 3,787
(a) Certify to the state board, in the manner prescribed 3,790
by the board, the average daily membership in classes and units 3,791
approved under division (D)(1) of section 3317.05 of the Revised 3,792
Code for each school district that has placed children in the 3,793
classes or units;
(b) Certify to the state board, in the manner prescribed 3,795
85
by the board, the average daily membership in preschool 3,797
handicapped units approved under division (B) of section 3317.05 3,799
of the Revised Code.
(3) If during the first full school week in February the 3,801
average daily membership of the classes or units maintained by 3,802
the county MR/DD board that are eligible for approval under 3,803
division (D)(1) of section 3317.05 of the Revised Code is greater 3,805
than the average daily membership for the preceding October, the 3,806
superintendent of the board shall make the certifications 3,807
required by this section for such week and, if during the first 3,809
full school week in February the average daily membership of the 3,810
units maintained by the county MR/DD board that are eligible for 3,811
approval under division (B) of section 3317.05 of the Revised 3,812
Code is greater than the average daily membership for the 3,813
preceding October, the superintendent shall certify the average 3,814
daily membership for the first full school week in February for 3,815
such units to the state board of education. If the state board 3,816
determines that additional classes or units can be approved for 3,817
the fiscal year within any limitations set forth in the acts 3,818
appropriating moneys for the funding of such classes and units, 3,819
the board shall approve and fund additional units for the fiscal 3,820
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 3,821
computed in the manner prescribed in sections 3317.161 and 3,823
3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 3,826
when any city, local, or exempted village school district 3,827
provides instruction for a nonresident pupil whose attendance is 3,828
unauthorized attendance as defined in section 3327.06 of the 3,829
Revised Code, that pupil's membership shall not be included in 3,830
that district's membership figure used in the calculation of that 3,831
district's formula ADM or included in the determination of any 3,832
unit approved for the district under section 3317.05 of the 3,833
Revised Code. The reporting official shall report separately the 3,834
86
average daily membership of all pupils whose attendance in the 3,835
district is unauthorized attendance, and the membership of each 3,836
such pupil shall be credited to the school district in which the 3,837
pupil is entitled to attend school under division (B) of section 3,838
3313.64 or section 3313.65 of the Revised Code as determined by 3,839
the department of education. 3,840
(I)(1) A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 3,842
VOCATIONAL school district admitting a scholarship student of a 3,845
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 3,846
average daily membership.
(2) In any year for which funds are appropriated for pilot 3,848
project scholarship programs, a school district implementing a 3,849
state-sponsored pilot project scholarship program that year 3,850
pursuant to sections 3313.974 through 3313.979 of the Revised 3,852
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 3,854
scholarship to attend kindergarten in any alternative school, as 3,855
defined in division (A)(9) of section 3313.974 of the Revised 3,856
Code;
(b) All children who were enrolled in the district in the 3,858
preceding year who are utilizing a scholarship to attend any such 3,859
alternative school. 3,860
(J) THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION 3,862
SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC 3,863
INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF 3,864
EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL 3,865
STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING 3,866
THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE 3,867
REVISED CODE.
Sec. 3317.033. In accordance with rules which the state 3,876
board of education shall adopt, each joint vocational school 3,878
district shall do both of the following:
87
(A) Maintain a record of district membership of any 3,881
persons who are not eligible to be included in the average daily 3,882
membership determined under division (D) of section 3317.03 of 3,884
the Revised Code and who are participating in a program funded 3,886
with a secondary vocational education job-training unit approved 3,887
under division (A) of section 3317.05 of the Revised Code;
(B) Annually certify to the state board of education the 3,889
number of persons for whom a record is maintained under division 3,890
(A) of this section. These numbers shall be reported for each 3,891
unit and on a full-time equivalent basis. 3,892
Sec. 3317.05. (A) For the purpose of calculating payments 3,902
under sections 3317.16, 3317.161, and 3317.162 of the Revised 3,904
Code, the state board of education shall determine for each joint 3,905
vocational school district and institution, by the last day of 3,906
January of each year and based on information certified under 3,907
section 3317.03 of the Revised Code, the number of vocational 3,909
education units or fractions of units approved by the state board 3,910
on the basis of standards and rules adopted by the state board. 3,911
As used in this division, "institution" means an institution 3,912
operated by a department specified in section 3323.091 of the 3,913
Revised Code and that provides vocational education programs 3,914
under the supervision of the division of vocational education of 3,915
the department of education that meet the standards and rules for 3,916
these programs, including licensure of professional staff 3,917
involved in the programs, as established by the state board of 3,918
education.
(B) For the purpose of calculating payments under sections 3,921
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 3,922
state board shall determine, based on information certified under 3,924
section 3317.03 of the Revised Code, the following by the last 3,925
day of January of each year for each educational service center, 3,927
for each school district, including each cooperative education 3,928
school district, for each institution eligible for payment under 3,929
section 3323.091 of the Revised Code, and for each county MR/DD 3,930
88
board: the number of classes operated by the school district, 3,931
service center, institution, or county MR/DD board for 3,932
handicapped preschool children, or fraction thereof, including in 3,934
the case of a district or service center that is a funding agent, 3,935
classes taught by a licensed teacher employed by that district or 3,936
service center under section 3313.841 of the Revised Code, 3,937
approved annually by the state board on the basis of standards 3,938
and rules adopted by the state board. 3,939
(C) For the purpose of calculating payments under sections 3,941
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 3,944
state board shall determine, based on information certified under 3,945
section 3317.03 of the Revised Code, the following by the last 3,946
day of January of each year for each school district, including 3,948
each cooperative education school district, for each institution 3,949
eligible for payment under section 3323.091 of the Revised Code, 3,950
and for each county MR/DD board: the number of preschool 3,952
handicapped related services units for child study, occupational, 3,953
physical, or speech and hearing therapy, special education 3,954
supervisors, and special education coordinators approved annually 3,955
by the state board on the basis of standards and rules adopted by 3,956
the state board.
(D) For the purpose of calculating payments under sections 3,959
3317.16, 3317.161, and 3317.162 of the Revised Code, the state 3,961
board shall determine, based on information certified under 3,962
section 3317.03 of the Revised Code, the following by the last 3,963
day of January of each year for each joint vocational school 3,964
district, for each institution eligible for payment under section 3,965
3323.091 of the Revised Code, and for each county MR/DD board: 3,966
(1) The number of classes operated by a joint vocational 3,968
school district, AN institution, or county MR/DD board for 3,970
handicapped children other than handicapped preschool children, 3,971
or fraction thereof, approved annually by the state board on the 3,973
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 3,975
89
other than handicapped preschool children for child study, 3,976
occupational, physical, or speech and hearing therapy, special 3,977
education supervisors, and special education coordinators 3,978
approved annually by the state board on the basis of standards 3,980
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 3,982
section shall be carried to the second decimal place. The total 3,983
number of units for school districts, service centers, and 3,985
institutions approved annually by the state board under this 3,986
section shall not exceed the number of units included in the 3,987
state board's estimate of cost for these units and appropriations 3,989
made for them by the general assembly. 3,990
In the case of units described in division (D)(1) of this 3,993
section operated by county MR/DD boards and institutions eligible 3,995
for payment under section 3323.091 of the Revised Code, the state 3,996
board shall approve only units for persons who are under age 3,997
twenty-two on the first day of the academic year, but not less 3,998
than six years of age on the thirtieth day of September of that 3,999
year, except that such a unit may include one or more children 4,000
who are under six years of age on the thirtieth day of September 4,001
if such children have been admitted to the unit pursuant to rules 4,002
of the state board. In the case of handicapped preschool units 4,003
described in division (B) of this section operated by county 4,005
MR/DD boards and institutions eligible for payment under section 4,006
3323.091 of the Revised Code, the state board shall approve only 4,007
preschool units for children who are under age six but not less 4,008
than age three on the thirtieth day of September of the academic 4,009
year, except that such a unit may include one or more children 4,010
who are under age three or are age six or over on the thirtieth 4,011
day of September if such children have been admitted to the unit 4,012
pursuant to rules of the state board of education. The number of 4,013
units for county MR/DD boards and institutions eligible for 4,015
payment under section 3323.091 of the Revised Code approved by 4,016
the state board under this section shall not exceed the number
90
that can be funded with appropriations made for such purposes by 4,017
the general assembly. 4,018
No unit shall be approved under divisions (B) to (D) of 4,021
this section unless a plan has been submitted and approved under 4,022
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the THE department shall 4,024
approve units or fractions thereof for gifted children on the 4,025
basis of standards and rules adopted by the board. 4,026
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 4,035
and 3317.11 of the Revised Code, a unit funded pursuant to 4,036
division (P)(1) of section 3317.024 or division (A)(2) of section 4,038
3317.161 of the Revised Code shall not be approved for state 4,039
funding in one school district, including any joint vocational or 4,040
cooperative education school district or any educational service 4,041
center, to the extent that such unit provides programs in or 4,042
services to another district which receives payment pursuant to 4,043
section 3317.04 of the Revised Code. 4,044
(2) Any city, local, exempted village, or cooperative 4,047
education school district or any educational service center may 4,048
combine partial unit eligibility for handicapped preschool 4,049
programs pursuant to section 3317.05 of the Revised Code, and 4,050
such combined partial units may be approved for state funding in 4,052
one school district or service center. 4,053
(B) After units have been initially approved for any 4,055
fiscal year under section 3317.05 of the Revised Code, no unit 4,057
shall be subsequently transferred from a school district or 4,059
educational service center to another city, exempted village, 4,060
local, joint vocational, or cooperative education school district 4,061
or educational service center or to an institution or county 4,064
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 4,065
payment pursuant to section 3317.04 of the Revised Code. 4,066
Sec. 3317.06. Moneys paid to school districts under 4,075
division (L) of section 3317.024 of the Revised Code shall be 4,077
91
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks OR ELECTRONIC 4,079
TEXTBOOKS as have been approved by the superintendent of public 4,081
instruction for use in public schools in the state and to loan 4,082
such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending 4,084
nonpublic schools within the district or to their parents and to 4,085
hire clerical personnel to administer such lending program. Such 4,086
loans shall be based upon individual requests submitted by such 4,087
nonpublic school pupils or parents. Such requests shall be 4,088
submitted to the school district in which the nonpublic school is 4,089
located. Such individual requests for the loan of textbooks OR 4,090
ELECTRONIC TEXTBOOKS shall, for administrative convenience, be 4,091
submitted by the nonpublic school pupil or the pupil's parent to 4,093
the nonpublic school, which shall prepare and submit collective 4,094
summaries of the individual requests to the school district. As 4,095
used in this section, "textbook: 4,096
(1) "TEXTBOOK" means any book or book substitute which 4,099
THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text 4,100
substitute, OR TEXT SUPPLEMENT in a particular class or program 4,102
in the school the pupil regularly attends. 4,103
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, 4,105
INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 4,106
COURSEWARE, LOCAL AND REMOTE COMPUTER-ASSISTED INSTRUCTION, 4,107
ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING 4,108
INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE 4,109
LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to 4,111
pupils attending nonpublic schools within the district. Such 4,112
service shall be provided in the nonpublic school attended by the 4,113
pupil receiving the service. 4,114
(C) To provide physician, nursing, dental, and optometric 4,116
services to pupils attending nonpublic schools within the 4,117
district. Such services shall be provided in the school attended 4,118
by the nonpublic school pupil receiving the service. 4,119
92
(D) To provide diagnostic psychological services to pupils 4,121
attending nonpublic schools within the district. Such services 4,122
shall be provided in the school attended by the pupil receiving 4,123
the service. 4,124
(E) To provide therapeutic psychological and speech and 4,126
hearing services to pupils attending nonpublic schools within the 4,127
district. Such services shall be provided in the public school, 4,128
in nonpublic schools, in public centers, or in mobile units 4,129
located on or off of the nonpublic premises. If such services 4,130
are provided in the public school or in public centers, 4,131
transportation to and from such facilities shall be provided by 4,132
the school district in which the nonpublic school is located. 4,133
(F) To provide guidance and counseling services to pupils 4,135
attending nonpublic schools within the district. Such services 4,136
shall be provided in the public school, in nonpublic schools, in 4,137
public centers, or in mobile units located on or off of the 4,139
nonpublic premises. If such services are provided in the public 4,140
school or in public centers, transportation to and from such 4,141
facilities shall be provided by the school district in which the 4,142
nonpublic school is located.
(G) To provide remedial services to pupils attending 4,144
nonpublic schools within the district. Such services shall be 4,145
provided in the public school, in nonpublic schools, in public 4,146
centers, or in mobile units located on or off of the nonpublic 4,147
premises. If such services are provided in the public school or 4,149
in public centers, transportation to and from such facilities 4,150
shall be provided by the school district in which the nonpublic 4,151
school is located.
(H) To supply for use by pupils attending nonpublic 4,153
schools within the district such standardized tests and scoring 4,154
services as are in use in the public schools of the state; 4,155
(I) To provide programs for children who attend nonpublic 4,157
schools within the district and are handicapped children as 4,158
defined in division (A) of section 3323.01 of the Revised Code or 4,159
93
gifted children. Such programs shall be provided in the public 4,160
school, in nonpublic schools, in public centers, or in mobile 4,161
units located on or off of the nonpublic premises. If such 4,164
programs are provided in the public school or in public centers, 4,165
transportation to and from such facilities shall be provided by 4,166
the school district in which the nonpublic school is located. 4,167
(J) To hire clerical personnel to assist in the 4,169
administration of programs pursuant to divisions (B), (C), (D), 4,170
(E), (F), (G), and (I) of this section and to hire supervisory 4,171
personnel to supervise the providing of services and textbooks 4,172
pursuant to this section.; 4,173
(K) To purchase any secular, neutral, and nonideological 4,175
computer software (INCLUDING SITE-LICENSING), prerecorded video 4,177
laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and 4,178
video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED 4,180
TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science equipment and materials, INSTRUCTIONAL MATERIALS, AND 4,183
SCHOOL LIBRARY MATERIALS that are in general use in the public 4,184
schools of the state and loan such computer software, prerecorded 4,185
video laserdiscs, compact discs, and video cassette cartridges, 4,187
equipment, and materials ITEMS to pupils attending nonpublic 4,189
schools within the district or to their parents, and to hire 4,190
clerical personnel to administer the lending program. Only 4,191
computer software, prerecorded video laserdiscs, compact discs, 4,193
and video cassette cartridges, equipment, and materials SUCH 4,195
ITEMS that are incapable of diversion to religious use and that 4,197
are susceptible of loan to individual pupils and are furnished 4,198
for the use of individual pupils shall be purchased and loaned 4,199
under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, 4,200
NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO 4,201
THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL 4,202
RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET 4,203
COMMISSION.
94
(L) To purchase instructional equipment, including 4,205
computer hardware, for use by pupils attending nonpublic schools 4,207
within the district, if such usage only occurs when these pupils 4,209
are being provided the secular remedial, diagnostic, or 4,210
therapeutic services pursuant to division (B), (D), (E), (F), 4,212
(G), or (I) of this section.;
(M) To purchase mobile units to be used for the provision 4,215
of services pursuant to divisions (E), (F), (G), and (I) of this 4,218
section and to pay for necessary repairs and operating costs 4,219
associated with these units. 4,220
Clerical and supervisory personnel hired pursuant to 4,222
division (J) of this section shall perform their services in the 4,223
public schools, in nonpublic schools, public centers, or mobile 4,224
units where the services are provided to the nonpublic school 4,226
pupil, except that such personnel may accompany pupils to and 4,227
from the service sites when necessary to ensure the safety of the 4,228
children receiving the services. 4,229
Health services provided pursuant to divisions (B), (C), 4,231
(D), and (E) of this section may be provided under contract with 4,232
the department of health, city or general health districts, or 4,233
private agencies whose personnel are properly licensed by an 4,234
appropriate state board or agency. 4,235
Transportation of pupils provided pursuant to divisions 4,237
(E), (F), (G), and (I) of this section shall be provided by the 4,238
school district from its general funds and not from moneys paid 4,239
to it under division (L) of section 3317.024 of the Revised Code 4,241
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 4,242
If such an application is presented to the school district, it 4,243
may pay for the transportation from moneys paid to it under 4,244
division (L) of section 3317.024 of the Revised Code. 4,245
No school district shall provide health or remedial 4,247
services to nonpublic school pupils as authorized by this section 4,248
unless such services are available to pupils attending the public 4,249
95
schools within the district. 4,250
Materials, equipment, computer software, textbooks, 4,252
ELECTRONIC TEXTBOOKS, and health and remedial services provided 4,254
for the benefit of nonpublic school pupils pursuant to this 4,255
section and the admission of pupils to such nonpublic schools 4,256
shall be provided without distinction as to race, creed, color, 4,257
or national origin of such pupils or of their teachers. 4,258
No school district shall provide services for use in 4,260
religious courses, devotional exercises, religious training, or 4,261
any other religious activity. 4,262
As used in this section, "parent" includes a person 4,264
standing in loco parentis to a child. 4,265
Notwithstanding section 3317.01 of the Revised Code, 4,267
payments shall be made under this section to any city, local, or 4,268
exempted village school district within which is located one or 4,269
more nonpublic elementary or high schools. 4,270
The allocation of payments for materials, equipment, 4,272
textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial 4,273
services to city, local, and exempted village school districts 4,275
shall be on the basis of the state board of education's estimated 4,276
annual average daily membership in nonpublic elementary and high 4,277
schools located in the district. 4,278
Payments made to city, local, and exempted village school 4,280
districts under this section shall be equal to specific 4,281
appropriations made for the purpose. All interest earned by a 4,282
school district on such payments shall be used by the district 4,283
for the same purposes and in the same manner as the payments may 4,284
be used. 4,285
The department of education shall adopt guidelines and 4,287
procedures under which such programs and services shall be 4,288
provided, under which districts shall be reimbursed for 4,289
administrative costs incurred in providing such programs and 4,290
services, and under which any unexpended balance of the amounts 4,291
appropriated by the general assembly to implement this section 4,292
96
may be transferred to the auxiliary services personnel 4,293
unemployment compensation fund established pursuant to section 4,294
4141.47 of the Revised Code. The department shall also adopt 4,295
guidelines and procedures limiting the purchase and loan of 4,296
computer software, equipment, and materials under THE ITEMS 4,297
DESCRIBED IN division (K) of this section to items that are in 4,299
general use in the public schools of the state, that are 4,300
incapable of diversion to religious use, and that are susceptible 4,301
to individual use rather than classroom use. Within thirty days 4,302
after the end of each biennium, each board of education shall 4,303
remit to the department all moneys paid to it under division (L) 4,304
of section 3317.024 of the Revised Code and any interest earned 4,305
on those moneys that are not required to pay expenses incurred 4,306
under this section during the biennium for which the money was 4,307
appropriated and during which the interest was earned. If a 4,308
board of education subsequently determines that the remittal of 4,309
moneys leaves the board with insufficient money to pay all valid 4,310
expenses incurred under this section during the biennium for 4,311
which the remitted money was appropriated, the board may apply to 4,312
the department of education for a refund of money, not to exceed 4,313
the amount of the insufficiency. If the department determines 4,314
the expenses were lawfully incurred and would have been lawful 4,315
expenditures of the refunded money, it shall certify its 4,316
determination and the amount of the refund to be made to the 4,317
administrator of the bureau of employment services who shall make 4,318
a refund as provided in section 4141.47 of the Revised Code. 4,319
Sec. 3317.16. (A) AS USED IN THIS SECTION: 4,321
(1) "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE 4,323
CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS: 4,324
(a) CALCULATE THE STATE BASE COST FUNDING AMOUNT FOR THE 4,326
DISTRICT UNDER DIVISION (B) OF THIS SECTION. IF THE DISTRICT 4,328
WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT 4,329
DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO. 4,330
(b) IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER 4,332
97
THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO 4,334
THE FOLLOWING:
COST-OF-DOING-BUSINESS FACTOR X 4,336
THE FORMULA AMOUNT X 4,337
THE GREATER OF FORMULA ADM OR 4,338
THREE-YEAR AVERAGE FORMULA ADM 4,339
THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE 4,341
PERCENTAGE.
(2) THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT 4,343
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 4,344
AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE 4,345
REVISED CODE. 4,346
(3) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT 4,348
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 4,349
AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE 4,351
REVISED CODE.
(4) THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT 4,353
VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE 4,354
ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL 4,355
DISTRICTS FOR THE APPLICABLE FISCAL YEAR. 4,356
(B) THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND 4,358
DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL 4,359
SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE 4,360
FOLLOWING FORMULA:
(COST-OF-DOING-BUSINESS FACTOR X 4,362
FORMULA AMOUNT X THE GREATER OF FORMULA 4,363
ADM OR THREE-YEAR AVERAGE FORMULA ADM) - 4,364
(.0005 X ADJUSTED TOTAL TAXABLE VALUE) 4,365
IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A 4,367
NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO. 4,368
(C)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 4,370
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 4,371
JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING 4,372
FORMULA:
98
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 4,374
TOTAL VOCATIONAL EDUCATION WEIGHT 4,375
(2) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH 4,377
JOINT VOCATIONAL SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL 4,378
EDUCATION ASSOCIATED SERVICES COSTS IN ACCORDANCE WITH THE 4,379
FOLLOWING FORMULA: 4,380
STATE SHARE PERCENTAGE X .05 X 4,382
THE FORMULA AMOUNT X THE SUM OF 4,383
CATEGORIES ONE, TWO, AND THREE VOCATIONAL 4,384
EDUCATION ADM 4,385
IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT 4,387
RECEIVING FUNDS UNDER DIVISION (C)(2) OF THIS SECTION SHALL SPEND 4,388
THOSE FUNDS ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES 4,389
AS APPROVED FOR VOCATIONAL EDUCATION ASSOCIATED SERVICES 4,390
EXPENSES, WHICH MAY INCLUDE SUCH PURPOSES AS APPRENTICESHIP 4,391
COORDINATORS, COORDINATORS FOR OTHER VOCATIONAL EDUCATION 4,392
SERVICES, VOCATIONAL EVALUATION, AND OTHER PURPOSES DESIGNATED BY 4,393
THE DEPARTMENT. THE DEPARTMENT MAY DENY PAYMENT UNDER DIVISION 4,394
(C)(2) OF THIS SECTION TO ANY DISTRICT THAT THE DEPARTMENT 4,395
DETERMINES IS NOT OPERATING THOSE SERVICES OR IS USING FUNDS PAID 4,396
UNDER DIVISION (C)(2) OF THIS SECTION FOR OTHER PURPOSES. 4,397
(D) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 4,399
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 4,400
FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH 4,401
THE FOLLOWING FORMULA: 4,402
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 4,404
TOTAL SPECIAL EDUCATION WEIGHT 4,405
(E) EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT 4,407
VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND 4,408
VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS. 4,410
(F)(1) IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL 4,412
DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL 4,413
SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3) OF 4,415
SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE 4,416
99
FOLLOWING:
(a) THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED 4,418
SERVICES IN THE PRECEDING FISCAL YEAR; 4,419
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 4,423
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 4,424
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 4,426
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D) OF 4,427
THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED 4,428
SERVICES ADDITIONAL WEIGHTED COSTS . 4,429
(2) A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF 4,431
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 4,432
EQUALS:
(1 - STATE SHARE PERCENTAGE) X 4,434
TOTAL SPECIAL EDUCATION WEIGHT X 4,435
THE FORMULA AMOUNT 4,436
(G) IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE 4,438
TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER DIVISIONS (B) TO (D) 4,439
OF THIS SECTION IS LESS THAN THE AMOUNT THAT DISTRICT RECEIVED IN 4,441
FISCAL YEAR 1999 UNDER THE VERSION OF THIS SECTION IN EFFECT THAT 4,442
YEAR, PLUS THE AMOUNT THAT DISTRICT RECEIVED UNDER THE VERSION OF
SECTION 3317.162 OF THE REVISED CODE IN EFFECT THAT YEAR AND 4,443
MINUS THE AMOUNTS RECEIVED THAT YEAR FOR DRIVER EDUCATION AND 4,444
ADULT EDUCATION, THE DEPARTMENT SHALL PAY THE DISTRICT AN 4,445
ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO
AMOUNTS. 4,446
Sec. 3317.162. (A) As used in this section: 4,455
(1) "State share percentage" has the same meaning as in 4,457
section 3317.022 of the Revised Code. 4,458
(2) "Dollar amount" means the amount shown in the 4,460
following table for the corresponding type of unit and the 4,461
appropriate fiscal year: 4,462
DOLLAR AMOUNT 4,464
TYPE OF UNIT FY 1999 4,467
FY 2000 FY 2001 4,468
100
Division (B) of section 3317.05 4,469
of the Revised Code $8,334 $8,334 4,470
Division (C) of that section $3,234 $3,234 4,471
Division (F) of that section $3,550 4,472
$4,550 $5,550 4,473
(3) "Average unit amount" means the amount shown in the 4,476
following table for the corresponding type of unit and the 4,477
appropriate fiscal year: 4,478
AVERAGE UNIT AMOUNT 4,480
TYPE OF UNIT FY 1999 4,483
FY 2000 FY 2001 4,484
Division (B) of section 3317.05 4,485
of the Revised Code $7,799 $7,799 4,486
Division (C) of that section $2,966 $2,966 4,487
Division (F) of that section $3,251 4,488
$4,251 $5,251 4,489
(B) In the case of each unit described in division (B), 4,492
(C), or (F) of section 3317.05 of the Revised Code and allocated 4,494
to a city, local, or exempted village school district, the 4,495
department of education, in addition to the amounts specified in 4,497
division (P)(1) of section 3317.024 and sections 3317.16, 4,498
3317.161, and 3317.19 of the Revised Code, shall pay a 4,500
supplemental unit allowance equal to the sum of the following 4,501
amounts:
(1) An amount equal to 50% of the average unit amount for 4,503
the unit;
(2) An amount equal to the percentage of the dollar amount 4,505
for the unit that equals the district's state share percentage. 4,506
If, prior to the fifteenth day of May of a fiscal year, a 4,508
school district's aid computed under section 3317.022 of the 4,509
Revised Code is recomputed pursuant to section 3317.027 or 4,510
3317.028 of the Revised Code, the department shall also recompute 4,511
the district's entitlement to payment under this section 4,512
utilizing a new state share percentage. Such new state share 4,513
101
percentage shall be determined using the district's recomputed 4,514
basic aid amount pursuant to section 3317.027 or 3317.028 of the 4,515
Revised Code. During the last six months of the fiscal year, the 4,516
department shall pay the district a sum equal to one-half of the 4,517
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 4,518
(C)(1) In the case of each unit allocated to a joint 4,520
vocational school district or AN institution pursuant to division 4,521
(A) of section 3317.05 of the Revised Code, the department, in 4,523
addition to the amount specified in section 3317.16 or 3317.161 4,524
of the Revised Code, shall pay a supplemental unit allowance of 4,525
$7,227 in fiscal year 1999. 4,526
(2) In the case of each unit described in division (B) or 4,528
(D)(1) of section 3317.05 of the Revised Code that is allocated 4,530
to any entity other than a city, exempted village, or local 4,531
school district, the department, in addition to the amount 4,532
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $7,799 in fiscal year 1999. 4,533
(3) In the case of each unit described in division (C) or 4,536
(D)(2) of section 3317.05 of the Revised Code and allocated to 4,537
any entity other than a city, exempted village, or local school 4,538
district, the department, in addition to the amounts specified in 4,539
section 3317.161 of the Revised Code, shall pay a supplemental 4,540
unit allowance of $2,966 in fiscal year 1999.
(4) In the case of each unit described in division (F) of 4,543
section 3317.05 of the Revised Code and allocated to any entity 4,544
other than a city, exempted village, or local school district AN 4,545
EDUCATIONAL SERVICE CENTER, the department, in addition to the 4,546
amounts specified in DIVISION (P) OF section 3317.161 3317.024 of 4,548
the Revised Code, shall pay a supplemental unit allowance of 4,549
$3,251 4,251 in fiscal year 1999 2000 AND $5,251 IN FISCAL YEAR 4,550
2001.
Sec. 3317.51. (A) The distance learning fund is hereby 4,559
created in the state treasury. The fund shall consist of moneys 4,560
102
paid to the information, learning, and technology authority OHIO 4,561
SCHOOLNET COMMISSION by any telephone company as a part of a 4,563
settlement agreement between such company and the public 4,564
utilities commission in fiscal year 1995 in part to establish 4,565
distance learning throughout the state. The authority shall 4,566
administer the fund and expend moneys from it to finance 4,567
technology grants to eligible schools chartered by the state 4,568
board of education to establish distance learning in those 4,569
schools. Chartered schools are eligible for funds if they are 4,570
within the service area of the telephone company. Investment 4,571
earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" 4,573
means the creation of a learning environment involving a school 4,574
setting and at least one other location outside of the school 4,575
which allows for information available at one site to be accessed 4,576
at the other through the use of such educational applications as 4,577
one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations. 4,578
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 4,587
the Revised Code: 4,588
(A) "Ohio school facilities commission" means the 4,591
commission created pursuant to section 3318.30 of the Revised 4,592
Code.
(B) "Classroom facilities" means rooms in which pupils 4,594
regularly assemble in public school buildings to receive 4,595
instruction and education and such facilities and building 4,596
improvements for the operation and use of such rooms as may be 4,597
needed in order to provide a complete educational program, and 4,598
may include space within which a child day-care facility or a 4,599
community resource center is housed. 4,600
(C) "Project" means a project to construct or acquire 4,602
classroom facilities, or to reconstruct or make additions to 4,604
existing classroom facilities, to be used for housing the 4,605
applicable school district and its functions.
103
(D) "School district" means a local, exempted village, or 4,607
city school district as such districts are defined in Chapter 4,608
3311. of the Revised Code, acting as an agency of state 4,609
government, performing essential governmental functions of state 4,610
government pursuant to sections 3318.01 and 3318.20 of the 4,611
Revised Code.
(E) "School district board" means the board of education 4,613
of a school district. 4,614
(F) "Net bonded indebtedness" means the difference between 4,616
the sum of the par value of all outstanding and unpaid bonds and 4,617
notes which a school district board is obligated to pay, any 4,619
amounts the school district is obligated to pay under 4,620
lease-purchase agreements entered into under section 3313.375 of 4,621
the Revised Code, and the par value of bonds authorized by the 4,622
electors but not yet issued, the proceeds of which can lawfully 4,623
be used for the project, and the amount held in the sinking fund 4,624
and other indebtedness retirement funds for their redemption. 4,625
Notes issued for school buses in accordance with section 3327.08 4,626
of the Revised Code, notes issued in anticipation of the 4,627
collection of current revenues, and bonds issued to pay final 4,628
judgments shall not be considered in calculating the net bonded 4,629
indebtedness.
"Net bonded indebtedness" does not include indebtedness 4,631
arising from the acquisition of land to provide a site for 4,632
classroom facilities constructed, acquired, or added to pursuant 4,633
to sections 3318.01 to 3318.20 of the Revised Code. 4,634
(G) "Board of elections" means the board of elections of 4,636
the county containing the most populous portion of the school 4,637
district. 4,638
(H) "County auditor" means the auditor of the county in 4,640
which the greatest value of taxable property of such school 4,641
district is located. 4,642
(I) "Tax duplicates" means the general tax lists and 4,644
duplicates prescribed by sections 319.28 and 319.29 of the 4,645
104
Revised Code. 4,646
(J) "Required level of indebtedness" means: 4,648
(1) In the case of districts in the first percentile, five 4,651
per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE 4,652
YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER 4,653
SECTION 3318.04 OF THE REVISED CODE.
(2) In the case of districts ranked in a subsequent 4,655
percentile, five per cent of THE DISTRICT'S valuation FOR THE 4,656
YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED 4,657
THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two 4,658
one-hundredths of one per cent multiplied by (the percentile in 4,659
which the district ranks minus one)<.
(K) "Required percentage of the basic project costs" means 4,661
one per cent of the basic project costs times the percentile in 4,663
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 4,665
accordance with rules adopted under section 111.15 of the Revised 4,666
Code by the Ohio school facilities commission. The basic project 4,669
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 4,670
housed in the classroom facilities, the variation across the 4,671
state in construction and related costs, the cost of the 4,672
installation of site utilities and site preparation, the cost of 4,673
insuring the project until it is completed, and the professional 4,675
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 4,676
(M) A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 4,679
COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE 4,680
REVISED CODE. 4,681
(N) "Child day-care facility" means space within a 4,684
classroom facility in which the needs of infants, toddlers, 4,685
preschool children, and school children are provided for by 4,686
persons other than the parent or guardian of such children for 4,687
any part of the day, including persons not employed by the school
105
district operating such classroom facility. 4,688
(N)(O) "Community resource center" means space within a 4,691
classroom facility in which comprehensive services that support 4,692
the needs of families and children are provided by 4,693
community-based social service providers. 4,694
(O)(P) "Valuation" means the total value of all property 4,696
in the district as listed and assessed for taxation on the tax 4,698
duplicates.
(P)(Q) "Percentile" means the percentile in which the 4,700
district is ranked pursuant to division (C)(D) of section 4,702
3318.011 of the Revised Code. 4,703
(Q)(R) "Installation of site utilities" means the 4,705
installation of a site domestic water system, site fire 4,707
protection system, site gas distribution system, site sanitary 4,708
system, site storm drainage system, and site telephone and data 4,709
system.
(R)(S) "Site preparation" means the earthwork necessary 4,712
for preparation of the building foundation system, the paved 4,713
pedestrian and vehicular circulation system, playgrounds on the 4,714
project site, and lawn and planting on the project site. 4,715
Sec. 3318.011. For purposes of providing assistance under 4,724
sections 3318.01 to 3318.20 of the Revised Code, the department 4,725
of education shall annually do all of the following: 4,726
(A) Calculate the adjusted valuation per pupil of each 4,728
city, local, and exempted village school district according to 4,729
the FOLLOWING formula set forth in section 3317.0213 of the 4,730
Revised Code;: 4,731
THE DISTRICT'S VALUATION PER PUPIL - 4,732
[$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<. 4,734
FOR PURPOSES OF THIS CALCULATION: 4,736
(1) "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE 4,738
TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION 4,739
3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR. 4,741
(2) "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE 4,743
106
AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH 4,744
PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION 4,745
3317.021 OF THE REVISED CODE. 4,746
(3) "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION 4,748
3317.02 OF THE REVISED CODE. 4,749
(B) CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION 4,751
PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 4,752
DISTRICT FOR THE PRECEDING THREE FISCAL YEARS; 4,753
(C) Rank all such districts in order of adjusted valuation 4,755
per pupil from the district with the lowest THREE-YEAR AVERAGE 4,756
adjusted valuation per pupil to the district with the highest 4,758
THREE-YEAR AVERAGE adjusted valuation per pupil; 4,760
(C)(D) Divide such ranking into percentiles with the first 4,763
percentile containing the one per cent of school districts having 4,764
the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per 4,765
pupil and the one-hundredth percentile containing the one per 4,766
cent of school districts having the highest THREE-YEAR AVERAGE 4,767
adjusted valuation VALUATIONS per pupil; 4,768
(D)(E) Determine the school districts that have an 4,770
THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that 4,772
is ARE greater than the median THREE-YEAR AVERAGE adjusted 4,773
valuation per pupil for all school districts in the state; 4,774
(E)(F) Certify the information described in divisions (A) 4,776
to (D)(E) of this section to the Ohio school facilities 4,777
commission. 4,778
Sec. 3318.021. NOTWITHSTANDING SECTION 3318.02 OF THE 4,780
REVISED CODE, THE OHIO SCHOOL FACILITIES COMMISSION ANNUALLY MAY 4,781
CONDUCT ON-SITE VISITS TO NO MORE THAN FIVE SCHOOL DISTRICTS IN 4,782
THE TWENTIETH TO FORTIETH PERCENTILES AS DETERMINED UNDER SECTION 4,783
3318.011 OF THE REVISED CODE, IF A DISTRICT BOARD ADOPTS A 4,785
RESOLUTION CERTIFYING TO THE COMMISSION THE BOARD'S INTENT TO 4,786
PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL 4,787
PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE. 4,789
Sec. 3318.032. THE PORTION OF THE BASIC PROJECT COST 4,791
107
SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF: 4,792
(A) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 4,794
DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME 4,795
THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 4,797
OF THE REVISED CODE;
(B) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 4,799
BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD 4,800
APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE
REQUIRED LEVEL OF INDEBTEDNESS. 4,801
THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS 4,803
SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING 4,804
BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT 4,805
THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE 4,806
REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE 4,807
PROPOSITIONS DESCRIBED IN THAT SECTION. IF THE AMOUNT RESERVED 4,808
AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO 4,809
NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL 4,810
DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE 4,811
PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN 4,812
ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING 4,813
BOARD'S SUBSEQUENT APPROVAL.
Sec. 3318.05. The conditional approval of the Ohio school 4,822
facilities commission for a project shall lapse and the amount 4,824
reserved and encumbered for such project shall be released unless 4,825
the school district board accepts such conditional approval 4,826
within one hundred twenty days following the date of 4,827
certification of the conditional approval to the school district 4,828
board and the electors of the school district vote favorably on 4,830
both of the propositions described in divisions (A) and (B) of 4,831
this section within one year of the date of such certification. 4,832
The propositions described in divisions (A) and (B) of this 4,833
section shall be combined in a single proposal. If the district 4,835
board or the district's electors fail to meet such requirements
and the amount reserved and encumbered for the district's project 4,836
108
is released, the district shall be given first priority for 4,837
project funding as such funds become available. 4,838
(A) On the question of issuing bonds of the school 4,840
district board, for the school district's portion of the basic 4,841
project cost, in either whatever amount may be necessary to raise 4,842
the net bonded indebtedness of the school district to within five 4,844
thousand dollars of the required level of indebtedness calculated 4,845
for the year preceding the year in which the resolution declaring 4,846
the necessity of the election is adopted, or an amount equal to 4,849
the required percentage SCHOOL DISTRICT'S PORTION of the basic 4,851
project costs, whichever is greater COST; and
(B) On the question of levying a tax the proceeds of which 4,854
shall be used to pay the cost of maintaining the classroom 4,855
facilities included in the project, except that in any year the
district's THREE-YEAR AVERAGE adjusted valuation per pupil is 4,856
greater than the state-wide median THREE-YEAR AVERAGE adjusted 4,859
valuation per pupil, one-half of the proceeds of the tax shall be 4,860
used for such maintenance and one-half of such proceeds shall be 4,861
used to pay the cost of the purchase of the classroom facilities 4,862
from PAID TO the state under the provisions of sections 3318.01 4,864
to 3318.20 of the Revised Code. Such tax shall be at the rate of 4,865
one-half mill for each dollar of valuation until the purchase 4,866
price THE STATE is paid AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 4,867
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 4,870
twenty-three years. Proceeds of the tax to be used for
maintenance of the classroom facilities shall be deposited into a 4,871
separate fund established by the school district for such 4,872
purpose.
Sec. 3318.06. After receipt of the conditional approval of 4,881
the Ohio school facilities commission, the school district board 4,883
by a majority of all of its members shall, if it desires to 4,884
proceed with the project, declare all of the following by 4,885
resolution:
(A) That with a net bonded indebtedness of within five 4,887
109
thousand dollars of the required level of indebtedness or by 4,888
issuing bonds in an amount equal to the required percentage 4,889
SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the 4,891
district is unable to provide adequate classroom facilities 4,893
without assistance from the state;
(B) That to qualify for such state assistance it is 4,895
necessary to levy a tax outside the ten-mill limitation the 4,896
proceeds of which shall be used to pay the cost of maintaining 4,898
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 4,899
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 4,901
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 4,903
the tax shall be used for such maintenance and one-half of such 4,904
proceeds shall be used to pay the cost of the purchase of the 4,906
classroom facilities from PAID TO the state; 4,907
(C) That the question of such tax levy shall be submitted 4,909
to the electors of the school district at the next general or 4,910
primary election, if there be a general or primary election not 4,911
less than seventy-five and not more than ninety-five days after 4,912
the day of the adoption of such resolution or, if not, at a 4,913
special election to be held at a time specified in the resolution 4,914
which shall be not less than seventy-five days after the day of 4,915
the adoption of the resolution and which shall be in accordance 4,916
with the requirements of section 3501.01 of the Revised Code. 4,917
Such resolution shall also state that the question of 4,920
issuing bonds of the board shall be combined in a single proposal 4,921
with the question of such tax levy. More than one election under 4,922
this section may be held in any one calendar year. Such 4,923
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 4,925
at the rate of one-half mill for each one dollar of valuation, 4,926
and that such tax shall be levied until the purchase price is 4,928
paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 4,930
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 4,932
110
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 4,934
cost of maintaining the classroom facilities included in the 4,935
project, except in any year the district's THREE-YEAR AVERAGE 4,936
adjusted valuation per pupil is greater than the statewide median 4,938
THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the 4,939
proceeds of the tax shall be used for such maintenance and 4,940
one-half of the proceeds of the tax shall be used to pay the cost 4,941
of the purchase of the classroom facilities from PAID TO the 4,942
state under sections 3318.01 to 3318.20 of the Revised Code. 4,943
A copy of such resolution shall after its passage and not 4,945
less than seventy-five days prior to the date set therein for the 4,946
election be certified to the county board of elections. 4,947
The resolution of the school district board, in addition to 4,951
meeting other applicable requirements of section 133.18 of the 4,952
Revised Code, shall state that the amount of bonds to be issued 4,953
will be either whatever amount may be necessary to raise the net 4,954
bonded indebtedness of the school district to within five 4,955
thousand dollars of the required level of indebtedness calculated 4,956
for the year preceding the year in which such resolution is 4,957
adopted or an amount equal to the required percentage SCHOOL 4,959
DISTRICT'S PORTION of the basic project costs COST, whichever is 4,960
greater and state that the maximum maturity of the bonds which, 4,961
notwithstanding section 133.20 of the Revised Code, may be any 4,962
number of years not exceeding twenty-three as determined by the 4,963
board. In estimating the amount of bonds to be issued, the board 4,964
shall take into consideration the amount of moneys then in the 4,965
bond retirement fund and the amount of moneys to be collected for 4,966
and disbursed from the bond retirement fund during the remainder 4,967
of the year in which the resolution of necessity is adopted. 4,968
Notice of the election shall include the fact that the tax 4,970
levy shall be at the rate of one-half mill for each one dollar of 4,971
valuation, that the levy shall be made until the purchase price 4,973
is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 4,974
111
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 4,977
twenty-three years, and that the proceeds of the tax shall be 4,978
used to pay the cost of maintaining the classroom facilities 4,979
included in the project, except in any year the district's 4,980
THREE-YEAR AVERAGE adjusted valuation per pupil is greater than 4,981
the statewide median THREE-YEAR AVERAGE adjusted valuation per 4,982
pupil, one-half of the proceeds of the tax shall be used for such 4,984
maintenance and one-half of the proceeds of the tax shall be used 4,985
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 4,987
Revised Code.
The form of the ballot to be used at such election shall 4,989
be: 4,990
"A majority affirmative vote is necessary for passage. 4,992
Shall bonds be issued by the Board of Education of the 4,994
............ (here insert name of school district) for the 4,995
purpose of ............ (here insert purpose of bond issue) in 4,996
either an amount sufficient to raise the net indebtedness of the 4,997
school district to within five thousand dollars of ............ 4,998
(here insert five, six, or seven per cent depending on the 4,999
district's required level of indebtedness) of the total value of 5,000
all property in the school district as listed and assessed for 5,001
taxation on the tax duplicate for the year ............ (here 5,002
insert the year preceding the year in which the resolution 5,003
declaring the necessity of the election was adopted) or an amount 5,005
equal to ............ (here insert the required percentage of the 5,006
basic project costs), whichever is greater, and a levy of taxes 5,007
be made outside of the ten-mill limitation for a maximum period 5,008
of ............ (here insert longest maturity) years to pay the 5,009
principal and interest of such bonds, the amount of such bonds 5,010
being estimated to be ............ (here insert estimated amount 5,011
of bond issue) for which the levy of taxes is estimated by the 5,012
county auditor to average ............ (here insert number of 5,013
mills) mills for each one dollar of valuation, which amounts to 5,014
112
............ (here insert rate expressed in dollars and cents) 5,015
for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY 5,017
THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO 5,018
CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT 5,020
OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE), 5,021
TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE 5,022
INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 5,023
THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY 5,024
TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE 5,025
COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND 5,026
ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED) 5,027
MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO 5,028
............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH 5,029
AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF 5,030
TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO 5,031
PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE 5,032
BONDS?"
and 5,033
"Shall an additional levy of taxes be made for the A PERIOD 5,035
NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............ 5,036
(HERE INSERT name of school district) SCHOOL DISTRICT, the 5,037
proceeds of which shall be used to pay the cost of maintaining 5,040
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 5,041
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 5,043
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 5,045
the tax shall be used for such maintenance and one-half of such 5,046
proceeds shall be used to pay the cost of the purchase of 5,047
classroom facilities from PAID TO the state, at the rate of 5,049
one-half mill for each one dollar of valuation until the purchase 5,050
price is paid but in no case longer than twenty-three years? 5,051
113
_______________________________________________ 5,053
FOR THE BOND ISSUE AND TAX LEVY 5,054
_______________________________________________ 5,055
AGAINST THE BOND ISSUE AND TAX LEVY 5,056
_______________________________________________ " 5,057
(D) If it is necessary for the school district to acquire 5,060
a site for the classroom facilities to be acquired pursuant to 5,061
sections 3318.01 to 3318.20 of the Revised Code, the district 5,062
board may propose either to issue bonds of the board or to levy a 5,063
tax to pay for the acquisition of such site, and may combine the 5,064
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 5,065
purpose of acquiring a site are a general obligation of the 5,066
school district and are Chapter 133. securities. 5,067
The form of that portion of the ballot to include the 5,069
question of either issuing bonds or levying a tax for site 5,070
acquisition purposes shall be one of the following: 5,071
(1) "Shall bonds be issued by the board of education of 5,073
the ............ (HERE INSERT name of the school district) for 5,074
the purpose of .......... (purpose of the bond issue, which shall 5,076
be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a 5,077
site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM 5,078
FACILITIES ASSISTANCE PROGRAM in the principal amount of 5,080
.......... (HERE INSERT principal amount of the bond issue), to 5,081
be repaid annually over a maximum period of .......... (HERE 5,082
INSERT maximum number of years over which the principal of the 5,083
bonds may be paid) years, and an annual levy of property taxes be 5,084
made outside the ten-mill limitation, estimated by the county 5,085
auditor to average over the repayment period of the bond issue 5,086
.......... (HERE INSERT number of mills) mills for each one
dollar of tax valuation, which amount to .......... (HERE INSERT 5,087
rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX 5,088
CENTS" OR "$0.36") for each one hundred dollars of valuation TO 5,090
PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES
114
ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?" 5,091
(2) "Shall an additional levy of taxes OUTSIDE THE 5,093
TEN-MILL LIMITATION be made for the benefit of the .......... 5,094
(HERE INSERT name of the school district) .......... SCHOOL 5,095
DISTRICT for the purpose ......... (purpose of the levy, which 5,096
shall be for the purpose of acquiring a site for classroom 5,097
facilities) in the sum of ......... (HERE INSERT annual amount 5,098
the levy is to produce) and a levy of taxes to be made outside of 5,099
the ten-mill limitation estimated by the county auditor to 5,100
average ........ (HERE INSERT number of mills) mills for each one 5,101
hundred dollars of valuation, for a period of ......... (HERE 5,103
INSERT number of years the millage is to be imposed) years?" 5,104
Where it is necessary to combine the question of issuing 5,106
bonds of the school district and levying a tax as described in 5,107
division (C) of this section with the question of issuing bonds 5,108
of the school district for acquisition of a site, the question 5,109
specified in division (C) of this section to be voted on shall be 5,110
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 5,111
Where it is necessary to combine the question of issuing 5,113
bonds of the school district and levying a tax as described in 5,114
division (C) of this section with the question of levying a tax 5,115
for the acquisition of a site, the question specified in division 5,116
(C) of this section to be voted on shall be "For the Bond Issue 5,117
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 5,118
If a majority of those voting upon a proposition hereunder 5,120
which includes the question of issuing bonds vote in favor 5,121
thereof, and if the agreement provided for by section 3318.08 of 5,122
the Revised Code has been entered into, the school district board 5,123
may proceed under Chapter 133. of the Revised Code, with the 5,124
issuance of bonds or bond anticipation notes in accordance with 5,125
the terms of the agreement. 5,126
Sec. 3318.08. If the requisite favorable vote on the 5,135
115
election is obtained, the Ohio school facilities commission, upon 5,137
certification of the results of the election to it, shall enter 5,138
into a written agreement with the school district board for the 5,139
construction and sale of the project, which agreement shall 5,140
include, but need not be limited to, the following provisions: 5,141
(A) The sale and issuance of bonds or notes in 5,143
anticipation thereof, as soon as practicable after the execution 5,144
of the agreement, in either an amount which will raise the net 5,146
bonded indebtedness of the school district, as of the date of the 5,147
resolution authorizing the issuance of such bonds or notes, to 5,149
within five thousand dollars of the required level of 5,150
indebtedness calculated for the year preceding the year in which 5,151
the resolution declaring the necessity of the election was 5,153
adopted or an amount equal to the required percentage SCHOOL 5,155
DISTRICT'S PORTION of the basic project costs, whichever is 5,156
greater COST; provided, that if at that time the county treasurer 5,157
of each county in which the school district is located has not 5,159
commenced the collection of taxes on the general duplicate of 5,160
real and public utility property for such THE year IN WHICH THE 5,161
CONTROLLING BOARD APPROVED THE PROJECT, the school district board 5,162
shall authorize the issuance of a first installment of bond 5,163
anticipation notes in an amount specified by the agreement, which 5,164
amount shall not exceed an amount necessary to raise the net 5,165
bonded indebtedness of the school district as to OF the date of 5,166
such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to 5,168
within five thousand dollars of the required level of 5,170
indebtedness for the preceding year. In the event that a first 5,171
installment of bond anticipation notes is issued, the school 5,172
district board shall, as soon as practicable after the county 5,173
treasurer of each county in which the school district is located 5,174
has commenced the collection of taxes on the general duplicate of 5,175
real and public utility property for the year in which the 5,176
resolution declaring the necessity of the election was adopted 5,177
CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of 5,178
116
a second and final installment of bond anticipation notes or a 5,179
first and final issue of bonds. The 5,180
THE combined value of the first and second installment of 5,183
bond anticipation notes or the value of the first and final issue 5,184
of bonds shall be equal to either an amount which will raise the 5,185
net indebtedness of the school district as of the date of such 5,186
authorizing resolution to within five thousand dollars of the 5,188
required level of indebtedness, or an amount equal to the 5,190
required percentage SCHOOL DISTRICT'S PORTION of the BASIC 5,191
project costs, whichever is greater COST. The proceeds of any 5,192
such bonds shall be used first to retire any bond anticipation 5,194
notes. Otherwise, the proceeds of such bonds and of any bond 5,195
anticipation notes, except the premium and accrued interest 5,196
thereon, shall be deposited in the school district's project 5,197
construction fund. In determining the amount of net BONDED 5,198
indebtedness for the purpose of fixing the amount of an issue of 5,199
either bonds or bond anticipation notes, gross indebtedness shall 5,200
be reduced by moneys in the bond retirement fund only to the 5,201
extent of the moneys therein on the first day of the year 5,202
preceding the year in which the resolution authorizing such bonds 5,203
or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT. 5,204
Should there be a decrease in the tax valuation of the school 5,206
district so that the amount of indebtedness which THAT can be 5,208
incurred on the tax duplicates for the year in which the
resolution declaring the necessity of the election was adopted 5,209
CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of 5,211
the first installment of bond anticipation notes, there shall be 5,212
paid from the school district's project construction fund to the 5,213
school district's bond retirement fund to be applied against such 5,215
notes an amount sufficient to cause the net BONDED indebtedness 5,216
of the school district, as of the first day of the year following 5,217
the year in which the resolution declaring the necessity of the 5,218
election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to 5,220
be within five thousand dollars of the required level of
117
indebtedness for the year in which that resolution was adopted 5,221
THE CONTROLLING BOARD APPROVED THE PROJECT. The maximum amount 5,224
of indebtedness to be incurred by any school district board as 5,225
its share of the cost of the project is either an amount which 5,226
THAT will cause its net BONDED indebtedness, as of the first day 5,228
of the year following the year in which the resolution declaring 5,229
the necessity of the bond issue was adopted CONTROLLING BOARD
APPROVED THE PROJECT, to be within five thousand dollars of the 5,231
required level of indebtedness calculated for the year preceding 5,232
the year in which that resolution was adopted, or an amount equal 5,235
to the required percentage of the basic project costs, whichever 5,236
is greater. All bonds and bond anticipation notes shall be 5,237
issued in accordance with Chapter 133. of the Revised Code, and 5,238
notes may be renewed as provided in section 133.22 of the Revised 5,239
Code.
(B) The transfer of such funds of the school district 5,241
board available for the project, together with the proceeds of 5,242
the sale of the bonds or notes, except premium, accrued interest, 5,243
and interest included in the amount of the issue, to the school 5,244
district's project construction fund; 5,245
(C) The levy of the tax authorized at the election for the 5,247
payment of maintenance costs or the cost of purchasing the 5,249
classroom facilities PAYMENTS TO THE STATE, AS SPECIFIED IN
DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE; 5,251
(D) Ownership of OR INTEREST IN the project during the 5,253
period of construction, which shall be divided between the 5,254
commission and the school district board in proportion to their 5,256
respective contributions to the school district's project 5,257
construction fund; 5,258
(E) The transfer MAINTENANCE of the state's interest in 5,260
the project to the school district upon completion of the project 5,262
UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION 5,263
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING; 5,264
(F) The insurance of the project by the school district 5,266
118
from the time there is an insurable interest therein and so long 5,267
as any part of the purchase price remains unpaid THE STATE 5,268
RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO 5,269
DIVISION (D) OF THIS SECTION, in such amounts and against such 5,272
risks as the commission shall require; provided, that the cost of 5,274
any required insurance until the project is completed shall be a 5,275
part of the basic project cost;
(G) The certification by the director of budget and 5,277
management that funds are available and have been set aside to 5,278
meet the state's share of the basic project cost as approved by 5,280
the controlling board pursuant to section 3318.04 of the Revised 5,281
Code;
(H) Authorization of the school district board to 5,283
advertise for and receive construction bids for the project, for 5,284
and on behalf of the commission, and to award contracts in the 5,286
name of the state subject to approval by the commission; 5,287
(I) Provisions for the disbursement of moneys from the 5,289
school district's project account upon issuance by the commission 5,291
or the commission's designated representative of vouchers for 5,292
work done to be certified to the commission by the treasurer of 5,295
the school district board; 5,296
(J) Disposal of any balance left in the school district's 5,298
project construction fund upon completion of the project; 5,300
(K) Prohibition against alienation of any interest in the 5,302
project by the school district board or its successor in interest 5,303
without the consent of the commission so long as any part of the 5,305
purchase price of the project remains unpaid, but in no case 5,306
longer than twenty-three years; 5,307
(L) Limitations upon use of the project or any part of it 5,309
so long as any part of the purchase price of the project remains 5,310
unpaid, but in no case longer than twenty-three years OBLIGATIONS 5,311
ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE 5,312
REVISED CODE ARE OUTSTANDING; 5,313
(M)(L) Provision for vesting absolute THE STATE'S interest 5,316
119
in the project in TO the school district board when the purchase 5,317
price has been paid or at the expiration of the period of 5,319
twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT 5,320
UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING; 5,321
(N)(M) Provision for deposit of an executed copy of the 5,323
agreement in the office of the commission and the office of the 5,325
county recorder of the county or counties in which the project is 5,326
situated; 5,327
(O)(N) Provision for termination of the contract and 5,329
release of the funds encumbered at the time of the conditional 5,330
approval, if the proceeds of the sale of the bonds of the school 5,331
district board are not paid into the school district's project 5,332
construction fund and if bids for the construction of the project 5,334
have not been taken within such period after the execution of the 5,335
agreement as may be fixed by the commission; 5,336
(P)(O) Provision for the school district to maintain the 5,338
project in accordance with a plan approved by the commission; 5,340
(Q)(P) Provision that all state funds reserved and 5,343
encumbered to pay the state share of the cost of the project 5,344
pursuant to section 3318.03 of the Revised Code be spent on the 5,345
construction or acquisition of the project prior to the 5,346
expenditure of any funds provided by the school district to pay 5,347
for its share of the project cost, unless the school district 5,348
certifies to the commission that expenditure by the school 5,349
district is necessary to maintain the tax-exempt status of notes 5,350
or bonds issued by the school district to pay for its share of 5,351
the project cost in which case, the school district may commit to 5,352
spend, or spend, a portion of the funds it provides; 5,353
(Q) A PROVISION STIPULATING THAT THE COMMISSION MAY 5,355
PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE 5,356
COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR 5,357
CONSTRUCTION PURPOSES. THE COMMISSION MAY PERFORM SOIL TESTS IN 5,358
ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR
CONSTRUCTION PURPOSES. 5,359
120
Sec. 3318.081. If the board of education of a school 5,368
district authorized to impose a tax pursuant to section 3318.06 5,369
of the Revised Code determines that taxable value of property 5,370
subject to the tax has increased to the extent it will not be 5,371
necessary to impose such tax for twenty-three years in order to 5,372
pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF 5,373
THE PROJECT COST SUPPLIED BY THE STATE, it may request the county 5,374
auditor to determine the amount of the purchase price remaining 5,375
to be paid and the estimated rate of taxation required each year 5,376
to repay PAY such remainder in equal installments over the 5,378
maximum number of remaining years the tax may be in effect. The 5,379
auditor shall make such determination upon request and certify 5,380
the results thereof to the board of education. 5,381
Upon receipt of the auditor's determination, the board of 5,383
education may request the Ohio school facilities commission to 5,385
enter into a supplemental agreement under which the district may 5,386
repay PAY the remainder of the purchase price AMOUNT in annual 5,388
amounts equal to the quotient obtained by dividing the amount 5,390
remaining to be paid by the maximum number of remaining years the 5,391
tax may be in effect. If such an agreement is entered into, the 5,392
commission shall certify a copy thereof to the county auditor and 5,394
the tax authorized by section 3318.06 of the Revised Code 5,395
thereafter shall be levied at the rate required to make the 5,396
annual payments required by the supplemental agreement rather 5,397
than the rate required by such section. 5,398
Sec. 3318.082. The board of education of any school 5,407
district imposing a tax for the purpose of paying the cost of the 5,408
purchase of classroom facilities from the state pursuant to 5,410
section 3318.06 of the Revised Code prior to the effective date 5,411
of the amendments to that section by Amended Substitute House 5,413
Bill No. 748 of the 121st General Assembly, may enter into a 5,414
supplemental agreement with the Ohio school facilities commission 5,415
under which the proceeds of such tax shall be distributed in 5,417
accordance with the requirements of section 3318.06 of the
121
Revised Code, as amended by Amended Substitute House Bill No. 748 5,420
of the 121st general assembly. 5,421
Sec. 3318.083. IF, AFTER THE OHIO SCHOOL FACILITIES 5,423
COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT 5,424
UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF 5,425
A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN 5,426
INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS 5,427
ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION 5,428
FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED 5,430
COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 5,431
DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.13. Notwithstanding any provision of sections 5,440
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 5,441
all taxable property within a school district for the purpose of 5,442
paying the cost of maintaining the classroom facilities included 5,443
in the project or for paying the purchase price of the project to 5,444
the state under the agreement provided in section 3318.08 of the 5,445
Revised Code or the supplemental agreement provided in section 5,446
3318.081 of the Revised Code shall be included in the budget of 5,447
the school district for each year upon the certification to the 5,448
county budget commission or commissions of the county or counties 5,449
in which said school district is located, by the Ohio school 5,450
facilities commission of the balance due the state under said 5,452
agreement or supplemental agreement. Such certification shall be 5,453
made on or before the fifteenth day of July in each year. 5,454
Thereafter, the respective county budget commissions shall treat 5,455
such certification as an additional item on the tax budget for 5,456
the school district as to which such certification has been made 5,457
and shall provide for the levy therefor in the manner provided in 5,458
sections 5705.27 to 5705.50 of the Revised Code for tax levies 5,459
included directly in the budgets of the subdivisions. 5,460
The levy of taxes shall be included in the next annual tax 5,462
budget that is certified to the county budget commission after 5,463
the execution of the agreement for the project. 5,464
122
Sec. 3318.14. Notwithstanding the provision of section 5,473
321.31 of the Revised Code, immediately after each settlement 5,474
with the county auditor, on presentation of the warrant of the 5,475
county auditor therefor, the county treasurer shall pay to the 5,476
school district the proceeds of the tax levy provided in section 5,477
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 5,479
pay to the Ohio school facilities commission any proceeds of the 5,481
tax levy provided in section 3318.13 of the Revised Code to be 5,482
applied to the unpaid purchase price of the project PAID TO THE 5,483
STATE.
Sec. 3318.15. There is hereby created the public school 5,492
building fund within the state treasury consisting of all moneys 5,493
received from the sale of classroom facilities pursuant to 5,494
sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO 5,495
DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys 5,496
transferred or appropriated to the fund by the general assembly, 5,497
and any grants, gifts, or contributions received by the Ohio 5,498
school facilities commission to be used for the purposes of the 5,499
fund. All investment earnings of the fund shall be credited to 5,500
the fund.
Moneys transferred or appropriated to the fund by the 5,502
general assembly and moneys in the fund from grants, gifts, and 5,503
contributions shall be used to acquire classroom facilities for 5,504
sale to school districts pursuant to THE PURPOSES OF sections 5,507
3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from the sale of classroom facilities PAYMENTS TO THE 5,509
STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED 5,510
CODE shall be held in a separate account in the fund. Such 5,511
moneys may be used partially to acquire additional classroom 5,512
facilities for sale to school districts pursuant to THE PURPOSES 5,513
OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially 5,515
to pay bond service charges as defined in division (C) of section 5,516
3318.21 of the Revised Code on obligations, the proceeds of which 5,517
123
are deposited into the school districts facilities fund created 5,518
in section 3318.23 of the Revised Code. 5,519
Sec. 3318.16. Title to interests THE OHIO SCHOOL 5,528
FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property 5,529
purchased with moneys in the school district's project 5,531
construction fund shall be taken in the name of the state of 5,532
Ohio. Upon completion of the project, the title to such interest 5,533
in real property shall be conveyed to the school district board 5,534
and the Ohio school facilities commission shall execute and
deliver deeds to complete the transfer of such interests. 5,535
Upon completion of the project, the interest of the state 5,537
in the project shall be transferred to the school district board, 5,539
which interest is equal to that portion of the final cost of the 5,540
project represented by funds contributed by the state for the 5,541
project. The purchase price to be paid by the school district 5,542
board for the state's interest in the project shall be the total
amount of funds contributed by the state for the project. 5,543
ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION 5,545
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY 5,546
INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE 5,547
SCHOOL DISTRICT.
Sec. 3318.17. A (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 5,557
THIS SECTION, WHEN A school district board may purchase RECEIVES 5,558
classroom facilities ASSISTANCE from the state from time to time 5,559
under the procedure set forth in sections 3318.01 to 3318.12 of 5,561
the Revised Code. The, THE levy of taxes required by section 5,562
SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the 5,564
rate of one-half mill for each one dollar of valuation and shall 5,565
be for a maximum period of twenty-three years after the last 5,567
purchase, except that in those years in which a supplemental 5,569
agreement authorized by section 3318.081 of the Revised Code is 5,570
in effect, the rate shall be as prescribed for such section for 5,571
the period during which such agreement is in effect. Where a 5,572
school district has purchased classroom facilities from the state 5,573
124
on which any portion of the purchase price remains unpaid and it 5,574
desires to purchase additional classroom facilities, the notice 5,575
of election and form of ballot set forth in section 3318.06 of 5,576
the Revised Code shall provide that the levy is an extension of 5,577
an existing levy for a maximum period of twenty-three years. 5,578
Where there has been more than one purchase of classroom 5,579
facilities from the state, any proceeds of the tax to be used to 5,580
pay the purchase price of such facilities shall be applied to the 5,581
unpaid purchase price of the projects in the order in which they 5,582
were purchased.
(B) WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS 5,584
3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE 5,586
OF THIS AMENDMENT, THE LEVY SHALL:
(1) BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR 5,588
OF VALUATION;
(2) CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS 5,590
REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY 5,591
SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR 5,592
TWENTY-THREE YEARS;
(3) NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER 5,594
LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED 5,595
CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 5,596
THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY 5,598
SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY 5,599
UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED 5,600
CLASSROOM FACILITIES PROJECT.
Sec. 3318.18. The unpaid purchase price of a project MONEY 5,609
TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION 5,610
3318.05 OF THE REVISED CODE shall constitute an indebtedness of 5,612
the school district but shall not be included in the calculation 5,613
of indebtedness under sections 133.04 and 133.06 of the Revised 5,614
Code. In the event all or a portion of the territory comprising 5,615
a school district, which THAT has outstanding an indebtedness to 5,617
the state representing the unpaid purchase price of TAX LEVY 5,619
125
MONEY RESULTING FROM a project or projects, is transferred to 5,620
another school district, or, if a new school district is created 5,621
to include all or a portion of such school district, the 5,622
outstanding indebtedness for MONEY OWED AS A RESULT OF each 5,623
project shall be apportioned between the acquiring school 5,625
district and the original school district in the ratio, as of the 5,626
effective date of the transfer, which the assessed valuation of 5,627
the territory transferred to the acquiring school district bears 5,628
to the assessed valuation of the original school district. 5,629
The amount of the indebtedness so assumed, OR PARTIALLY 5,631
ASSUMED, by the new school district or acquiring school district 5,633
shall be equal to one-half mill multiplied by the total value of 5,634
all property as listed and assessed for taxation in the original 5,635
school district or territory transferred for each of the years 5,636
YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS 5,637
SPECIFIED in the PORTION OF THE agreement for payment of purchase 5,638
price between the original school district and the state board of 5,640
education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE 5,641
REVISED CODE. On or before the first day of July of each year, 5,642
the department of taxation shall certify to the Ohio school 5,643
facilities commission the amount of the tax duplicate of the 5,645
original school district or territory transferred for the 5,646
calendar year ending on the thirty-first day of December 5,647
immediately preceding. This tax duplicate shall be used in the 5,648
calculation of the indebtedness so assumed.
The acquiring school district shall levy a tax outside the 5,650
ten-mill limitation upon all property in the acquiring school 5,651
district to pay the indebtedness so assumed until the 5,652
indebtedness so assumed has been discharged but not longer than 5,653
twenty-three years after the original incurrence of the 5,654
indebtedness, provided, that the levy in the acquiring school 5,655
district in any year shall not exceed the levy in the original 5,656
school district to pay the purchase price of projects acquired 5,657
from MAKE PAYMENTS TO the state. The proceeds of the aforesaid 5,658
126
tax levy in the acquiring school district shall be applied to the 5,660
discharge of indebtedness first incurred in point of time whether 5,661
or not it be an indebtedness assumed from another school 5,662
district.
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of 5,671
the Revised Code: 5,672
(A) "Allowable costs" means all or part of the costs of a 5,674
permanent improvement that may be financed with, and paid from 5,675
the proceeds of, securities issued pursuant to section 133.15 of 5,676
the Revised Code. 5,677
(B) "Bond proceedings" means the resolution, order, trust 5,679
agreement, indenture, loan agreement, lease agreement, and other 5,680
agreements, amendments and supplements to the foregoing, or any 5,681
one or more or combination thereof, authorizing or providing for 5,682
the terms and conditions applicable to, or providing for the 5,683
security or liquidity of, obligations issued pursuant to section 5,684
3318.26 of the Revised Code, and the provisions contained in the 5,685
obligations. 5,686
(C) "Bond service charges" means principal, including 5,688
mandatory sinking fund requirements for retirement of 5,689
obligations, and interest, and redemption premium, if any, 5,690
required to be paid by the state on obligations, and, if provided 5,691
in the applicable bond proceedings, may include any corresponding 5,692
lease or sublease payments to be made with respect thereto to the 5,693
issuing authority by the state or any agency of state government. 5,694
(D) "Bond service fund" means the applicable fund and 5,696
accounts therein created for and pledged to the payment of bond 5,697
service charges, which may be, or may be part of, either the 5,698
school building program bond service fund created by division (R) 5,699
of section 3318.26 of the Revised Code or the school facilities 5,700
bond service fund created by division (S) of section 3318.26 of 5,701
the Revised Code, including all moneys and investments, and 5,702
earnings from investments, credited and to be credited thereto. 5,703
(E) "Issuing authority" means the treasurer of state, or 5,705
127
the officer who by law performs the functions of such officer. 5,706
(F) "Obligations" means bonds, notes, or other evidence of 5,708
obligation including interest coupons pertaining thereto, issued 5,709
pursuant to section 3318.26 of the Revised Code. 5,710
(G) "Permanent improvement" or "improvement" means a 5,712
permanent improvement or improvement as defined under division 5,713
(CC) of section 133.01 of the Revised Code to be used for housing 5,714
agencies of state government, including classroom facilities as 5,715
defined in division (B) of section 3318.01 of the Revised Code. 5,716
(H) "Pledged receipts," in the case of obligations issued 5,718
to provide moneys for the school building program assistance fund 5,719
created in section 3318.25 of the Revised Code, means any or all 5,720
of the following: 5,721
(1) Moneys in the lottery profits education fund created 5,723
in section 3770.06 of the Revised Code appropriated by the 5,724
general assembly and pledged for the purpose of paying bond 5,725
service charges on one or more issuances of such obligations; 5,726
(2) Accrued interest received from the sale of 5,728
obligations; 5,729
(3) Income from the investment of the special funds; 5,731
(4) Any gifts, grants, donations, and pledges, and 5,733
receipts therefrom, available for the payment of bond service 5,734
charges. 5,735
(I) "Pledged receipts," in the case of obligations issued 5,737
to provide moneys for the school districts facilities fund 5,738
created in section 3318.23 of the Revised Code, means any or all 5,739
of the following: 5,740
(1) Moneys from the sale of classroom facilities accruing 5,742
in the public school building fund created in section 3318.15 of 5,743
the Revised Code, which moneys are pledged for the purpose of 5,744
paying bond service charges on one or more issuances of such 5,745
obligations. 5,746
(2) Moneys accruing to the state from the repayment, 5,748
including interest, of loans from the school districts facilities 5,749
128
fund made pursuant to section 3318.24 of the Revised Code; 5,750
(3) Accrued interest received from the sale of 5,752
obligations; 5,753
(4) Income from the investment of the special funds; 5,755
(5) Any gifts, grants, donations, and pledges, and 5,757
receipts therefrom, available for the payment of bond service 5,758
charges. 5,759
(J) "School district" means a school district as defined 5,761
under division (D) of section 3318.01 of the Revised Code, acting 5,762
as an agency of state government, performing essential 5,763
governmental functions of state government pursuant to sections 5,764
3318.21 to 3318.29 of the Revised Code.
(K)(J) "Securities" means securities as defined under 5,766
division (KK) in section 133.01 of the Revised Code. 5,767
(L)(K) "Special funds" or "funds" means, except where the 5,769
context does not permit, the bond service fund, and any other 5,770
funds, including reserve funds, created under the bond 5,771
proceedings, and either the school building program bond service 5,772
fund created by division (R) of section 3318.26 of the Revised 5,773
Code or the school facilities bond service fund created by 5,774
division (S) of section 3318.26 of the Revised Code to the extent 5,775
provided in the bond proceedings, including all moneys and 5,776
investments, and earnings from investment, credited and to be 5,777
credited thereto. 5,778
Sec. 3318.25. There is hereby created in the state 5,787
treasury the school building program assistance fund. The fund 5,788
shall consist of the proceeds of obligations issued for the 5,789
purposes of such fund pursuant to section 3318.26 of the Revised 5,790
Code that are payable from moneys in the lottery profits 5,791
education fund created in section 3770.06 of the Revised Code. 5,792
All investment earnings of the fund shall be credited to the 5,793
fund. Moneys in the fund shall be used as directed by the Ohio 5,794
school facilities commission for the cost to the state of 5,796
acquiring CONSTRUCTING classroom facilities for sale to school 5,797
129
districts pursuant to UNDER sections 3318.01 to 3318.20 of the 5,798
Revised Code. 5,800
Sec. 3318.26. (A) Subject to the limitations provided in 5,809
section 3318.29 of the Revised Code, the issuing authority, upon 5,810
the certification by the Ohio school facilities commission to the 5,812
issuing authority of the amount of moneys or additional moneys 5,813
needed in the school districts facilities fund for the purpose of 5,814
making loans for allowable costs from such fund or in the school 5,815
building program assistance fund for the purposes of sections 5,816
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 5,817
interest, for funding reserves, and for paying costs and expenses 5,818
incurred in connection with the issuance, carrying, securing, 5,819
paying, redeeming, or retirement of the obligations or any 5,820
obligations refunded thereby, including payment of costs and 5,821
expenses relating to letters of credit, lines of credit, 5,822
insurance, put agreements, standby purchase agreements, indexing, 5,823
marketing, remarketing and administrative arrangements, interest 5,824
swap or hedging agreements, and any other credit enhancement, 5,825
liquidity, remarketing, renewal, or refunding arrangements, all 5,826
of which are authorized by this section, shall issue obligations 5,827
of the state under this section in the required amount. The 5,828
proceeds of such obligations, except for obligations issued to 5,830
provide moneys for the school building program assistance fund or 5,831
except for such portion to be deposited in special funds, 5,832
including reserve funds, as may be provided in the bond 5,833
proceedings, shall as provided in the bond proceedings be 5,834
deposited by the treasurer of state to the school districts 5,835
facilities fund. The issuing authority may appoint trustees, 5,836
paying agents, and transfer agents and may retain the services of 5,837
financial advisors and accounting experts and retain or contract 5,838
for the services of marketing, remarketing, indexing, and 5,839
administrative agents, other consultants, and independent 5,840
contractors, including printing services, as are necessary in the 5,841
issuing authority's judgment to carry out this section. The 5,842
130
costs of such services are payable from the school districts 5,843
facilities fund, the school building program assistance fund, or 5,844
any special fund determined by the issuing authority. 5,845
(B) The holders or owners of such obligations shall have 5,847
no right to have moneys raised by taxation obligated or pledged, 5,848
and moneys raised by taxation shall not be obligated or pledged, 5,849
for the payment of bond service charges. Such holders or owners 5,850
shall have no rights to payment of bond service charges from any 5,851
money or property received by the commission, treasurer of state, 5,854
or the state, or from any other use of the proceeds of the sale 5,855
of the obligations, and no such moneys may be used for the 5,856
payment of bond service charges, except for accrued interest, 5,857
capitalized interest, and reserves funded from proceeds received 5,858
upon the sale of the obligations and except as otherwise 5,859
expressly provided in the applicable bond proceedings pursuant to 5,860
written directions by the treasurer of state. The right of such 5,861
holders and owners to payment of bond service charges shall be 5,862
limited to all or that portion of the pledged receipts and those 5,863
special funds pledged thereto pursuant to the bond proceedings in 5,864
accordance with this section, and each such obligation shall bear 5,865
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 5,867
of the issuing authority and the bond proceedings shall provide 5,868
for the purpose thereof and the principal amount or amounts, and 5,869
shall provide for or authorize the manner or agency for 5,870
determining the principal maturity or maturities, not exceeding 5,871
the limits specified in section 3318.29 of the Revised Code, the 5,872
interest rate or rates or the maximum interest rate, the date of 5,873
the obligations and the dates of payment of interest thereon, 5,874
their denomination, and the establishment within or without the 5,875
state of a place or places of payment of bond service charges. 5,876
Sections 9.98 to 9.983 of the Revised Code are applicable to 5,877
obligations issued under this section, subject to any applicable 5,878
limitation under section 3318.29 of the Revised Code. The 5,879
131
purpose of such obligations may be stated in the bond proceedings 5,880
in terms describing the general purpose or purposes to be served. 5,881
The bond proceedings shall also provide, subject to the 5,882
provisions of any other applicable bond proceedings, for the 5,883
pledge of all, or such part as the issuing authority may 5,884
determine, of the pledged receipts and the applicable special 5,885
fund or funds to the payment of bond service charges, which 5,886
pledges may be made either prior or subordinate to other 5,887
expenses, claims, or payments, and may be made to secure the 5,888
obligations on a parity with obligations theretofore or 5,889
thereafter issued, if and to the extent provided in the bond 5,890
proceedings. The pledged receipts and special funds so pledged 5,891
and thereafter received by the state are immediately subject to 5,892
the lien of such pledge without any physical delivery thereof or 5,893
further act, and the lien of any such pledges is valid and 5,894
binding against all parties having claims of any kind against the 5,895
state or any governmental agency of the state, irrespective of 5,896
whether such parties have notice thereof, and shall create a 5,897
perfected security interest for all purposes of Chapter 1309. of 5,898
the Revised Code, without the necessity for separation or 5,899
delivery of funds or for the filing or recording of the bond 5,900
proceedings by which such pledge is created or any certificate, 5,901
statement or other document with respect thereto; and the pledge 5,902
of such pledged receipts and special funds is effective and the 5,903
money therefrom and thereof may be applied to the purposes for 5,904
which pledged without necessity for any act of appropriation, 5,905
except as required by section 3770.06 of the Revised Code. Every 5,906
pledge, and every covenant and agreement made with respect 5,907
thereto, made in the bond proceedings may therein be extended to 5,908
the benefit of the owners and holders of obligations authorized 5,909
by this section, and to any trustee therefor, for the further 5,910
security of the payment of the bond service charges. 5,911
(D) The bond proceedings may contain additional provisions 5,913
as to: 5,914
132
(1) The redemption of obligations prior to maturity at the 5,916
option of the issuing authority at such price or prices and under 5,917
such terms and conditions as are provided in the bond 5,918
proceedings; 5,919
(2) Other terms of the obligations; 5,921
(3) Limitations on the issuance of additional obligations; 5,923
(4) The terms of any trust agreement or indenture securing 5,925
the obligations or under which the same may be issued; 5,926
(5) The deposit, investment and application of special 5,928
funds, and the safeguarding of moneys on hand or on deposit, 5,929
without regard to Chapter 131., 133., or 135. of the Revised 5,930
Code, but subject to any special provisions of sections 3318.21 5,931
to 3318.29 of the Revised Code, with respect to particular funds 5,932
or moneys, provided that any bank or trust company that acts as 5,933
depository of any moneys in the special funds may furnish such 5,934
indemnifying bonds or may pledge such securities as required by 5,935
the issuing authority; 5,936
(6) Any or every provision of the bond proceedings being 5,938
binding upon such officer, board, commission, authority, agency, 5,939
department, or other person or body as may from time to time have 5,940
the authority under law to take such actions as may be necessary 5,941
to perform all or any part of the duty required by such 5,942
provision; 5,943
(7) Any provision that may be made in a trust agreement or 5,946
indenture;
(8) The lease or sublease of any interest of the school 5,948
district or the state in one or more projects as defined in 5,949
division (C) of section 3318.01 of the Revised Code, or in one or 5,950
more permanent improvements, to or from the issuing authority, as 5,951
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 5,952
(9) Any other or additional agreements with the holders of 5,954
the obligations, or the trustee therefor, relating to the 5,955
obligations or the security therefor, including in the case of 5,956
133
obligations issued to provide moneys for the school district 5,957
facilities fund the assignment of security obtained or to be 5,958
obtained for loans under section 3318.24 of the Revised Code. 5,959
(E) The obligations may have the great seal of the state 5,961
or a facsimile thereof affixed thereto or printed thereon. The 5,962
obligations and any coupons pertaining to obligations shall be 5,963
signed or bear the facsimile signature of the issuing authority. 5,964
Any obligations or coupons may be executed by the person who, on 5,965
the date of execution, is the proper issuing authority although 5,966
on the date of such bonds or coupons such person was not the 5,967
issuing authority. In case the issuing authority whose signature 5,968
or a facsimile of whose signature appears on any such obligation 5,969
or coupon ceases to be the issuing authority before delivery 5,970
thereof, such signature or facsimile is nevertheless valid and 5,971
sufficient for all purposes as if the issuing authority had 5,972
remained the issuing authority until such delivery; and in case 5,974
the seal to be affixed to obligations has been changed after a 5,975
facsimile of the seal has been imprinted on such obligations, 5,976
such facsimile seal shall continue to be sufficient as to such 5,977
obligations and obligations issued in substitution or exchange 5,978
therefor.
(F) All obligations are negotiable instruments and 5,980
securities under Chapter 1308. of the Revised Code, subject to 5,981
the provisions of the bond proceedings as to registration. The 5,982
obligations may be issued in coupon or in registered form, or 5,983
both, as the issuing authority determines. Provision may be made 5,984
for the registration of any obligations with coupons attached 5,985
thereto as to principal alone or as to both principal and 5,986
interest, their exchange for obligations so registered, and for 5,987
the conversion or reconversion into obligations with coupons 5,988
attached thereto of any obligations registered as to both 5,989
principal and interest, and for reasonable charges for such 5,990
registration, exchange, conversion, and reconversion. 5,991
(G) Obligations may be sold at public sale or at private 5,993
134
sale, as determined in the bond proceedings. 5,994
(H) Pending preparation of definitive obligations, the 5,996
issuing authority may issue interim receipts or certificates 5,997
which shall be exchanged for such definitive obligations. 5,998
(I) In the discretion of the issuing authority, 6,000
obligations may be secured additionally by a trust agreement or 6,001
indenture between the issuing authority and a corporate trustee 6,002
which may be any trust company or bank having its principal place 6,003
of business within the state. Any such agreement or indenture 6,004
may contain the resolution or order authorizing the issuance of 6,005
the obligations, any provisions that may be contained in any bond 6,006
proceedings, and other provisions that are customary or 6,007
appropriate in an agreement or indenture of such type, including, 6,008
but not limited to: 6,009
(1) Maintenance of each pledge, trust agreement, 6,011
indenture, or other instrument comprising part of the bond 6,012
proceedings until the state has fully paid the bond service 6,013
charges on the obligations secured thereby, or provision therefor 6,014
has been made; 6,015
(2) In the event of default in any payments required to be 6,017
made by the bond proceedings, or any other agreement of the 6,018
issuing authority made as a part of the contract under which the 6,019
obligations were issued, enforcement of such payments or 6,020
agreement by mandamus, the appointment of a receiver, suit in 6,021
equity, action at law, or any combination of the foregoing; 6,022
(3) The rights and remedies of the holders of obligations 6,024
and of the trustee, and provisions for protecting and enforcing 6,025
them, including limitations on rights of individual holders of 6,026
obligations; 6,027
(4) The replacement of any obligations that become 6,029
mutilated or are destroyed, lost, or stolen; 6,030
(5) Such other provisions as the trustee and the issuing 6,032
authority agree upon, including limitations, conditions, or 6,033
qualifications relating to any of the foregoing. 6,034
135
(J) Any holder of obligations or a trustee under the bond 6,036
proceedings, except to the extent that the holder's or trustee's 6,038
rights are restricted by the bond proceedings, may by any 6,039
suitable form of legal proceedings, protect and enforce any 6,040
rights under the laws of this state or granted by such bond 6,041
proceedings. Such rights include the right to compel the 6,042
performance of all duties of the issuing authority, the 6,043
commission, or the director of budget and management required by 6,045
sections 3318.21 to 3318.29 of the Revised Code or the bond 6,046
proceedings; to enjoin unlawful activities; and in the event of 6,047
default with respect to the payment of any bond service charges 6,048
on any obligations or in the performance of any covenant or 6,049
agreement on the part of the issuing authority, the commission, 6,050
or the director of budget and management in the bond proceedings, 6,052
to apply to a court having jurisdiction of the cause to appoint a 6,053
receiver to receive and administer the pledged receipts and 6,054
special funds, other than those in the custody of the treasurer 6,055
of state or the commission, which are pledged to the payment of 6,057
the bond service charges on such obligations or which are the 6,058
subject of the covenant or agreement, with full power to pay, and 6,059
to provide for payment of bond service charges on, such 6,060
obligations, and with such powers, subject to the direction of 6,061
the court, as are accorded receivers in general equity cases, 6,062
excluding any power to pledge additional revenues or receipts or 6,063
other income or moneys of the issuing authority or the state or 6,064
governmental agencies of the state to the payment of such 6,065
principal and interest and excluding the power to take possession 6,066
of, mortgage, or cause the sale or otherwise dispose of any 6,067
permanent improvement. 6,068
Each duty of the issuing authority and the issuing 6,070
authority's officers and employees, and of each governmental 6,071
agency and its officers, members, or employees, undertaken 6,072
pursuant to the bond proceedings or any agreement or loan made 6,073
under authority of sections 3318.21 to 3318.29 of the Revised 6,074
136
Code, and in every agreement by or with the issuing authority, is 6,075
hereby established as a duty of the issuing authority, and of 6,076
each such officer, member, or employee having authority to 6,077
perform such duty, specifically enjoined by the law resulting 6,078
from an office, trust, or station within the meaning of section 6,079
2731.01 of the Revised Code. 6,080
The person who is at the time the issuing authority, or the 6,082
issuing authority's officers or employees, are not liable in 6,083
their personal capacities on any obligations issued by the 6,084
issuing authority or any agreements of or with the issuing 6,085
authority. 6,086
(K) The issuing authority may authorize and issue 6,088
obligations for the refunding, including funding and retirement, 6,089
and advance refunding with or without payment or redemption prior 6,090
to maturity, of any obligations previously issued by the issuing 6,091
authority. Such obligations may be issued in amounts sufficient 6,092
for payment of the principal amount of the prior obligations, any 6,093
redemption premiums thereon, principal maturities of any such 6,094
obligations maturing prior to the redemption of the remaining 6,095
obligations on a parity therewith, interest accrued or to accrue 6,096
to the maturity dates or dates of redemption of such obligations, 6,097
and any allowable costs including expenses incurred or to be 6,098
incurred in connection with such issuance and such refunding, 6,099
funding, and retirement. Subject to the bond proceedings 6,100
therefor, the portion of proceeds of the sale of obligations 6,101
issued under this division to be applied to bond service charges 6,102
on the prior obligations shall be credited to an appropriate 6,103
account held by the trustee for such prior or new obligations or 6,104
to the appropriate account in the bond service fund for such 6,105
obligations. Obligations authorized under this division shall be 6,106
deemed to be issued for those purposes for which such prior 6,107
obligations were issued and are subject to the provisions of this 6,108
section pertaining to other obligations, except as otherwise 6,109
provided in this section; provided that, unless otherwise 6,110
137
authorized by the general assembly, any limitations imposed by 6,111
the general assembly pursuant to this section with respect to 6,112
bond service charges applicable to the prior obligations shall be 6,113
applicable to the obligations issued under this division to 6,114
refund, fund, advance refund or retire such prior obligations. 6,115
(L) The authority to issue obligations under this section 6,117
includes authority to refund or refinance any obligations 6,118
previously issued by the state under sections 3318.21 to 3318.29 6,119
of the Revised Code. 6,120
The authority to issue obligations under this section also 6,122
includes authority to issue obligations in the form of bond 6,123
anticipation notes and to renew the same from time to time by the 6,124
issuance of new notes. The holders of such notes or interest 6,125
coupons pertaining thereto shall have a right to be paid solely 6,126
from the pledged receipts and special funds that may be pledged 6,127
to the payment of the bonds anticipated, or from the proceeds of 6,128
such bonds or renewal notes, or both, as the issuing authority 6,129
provides in the resolution or order authorizing such notes. Such 6,130
notes may be additionally secured by covenants of the issuing 6,131
authority to the effect that the issuing authority and the state 6,132
will do such or all things necessary for the issuance of such 6,133
bonds or renewal notes in appropriate amount, and apply the 6,134
proceeds thereof to the extent necessary, to make full payment of 6,135
the principal of and interest on such notes at the time or times 6,136
contemplated, as provided in such resolution or order. For such 6,137
purpose, the issuing authority may issue bonds or renewal notes 6,138
in such principal amount and upon such terms as may be necessary 6,139
to provide funds to pay when required the principal of and 6,140
interest on such notes, notwithstanding any limitations 6,141
prescribed by or for purposes of this section. Subject to this 6,142
division, all provisions for and references to obligations in 6,143
this section are applicable to notes authorized under this 6,144
division. 6,145
The issuing authority in the bond proceedings authorizing 6,147
138
the issuance of bond anticipation notes shall set forth for such 6,148
bonds an estimated interest rate and a schedule of principal 6,149
payments for such bonds and the annual maturity dates thereof, 6,150
and for purposes of any limitation on bond service charges 6,151
prescribed under section 3318.29 of the Revised Code, the amount 6,152
of bond service charges on such bond anticipation notes shall be 6,153
deemed to be the bond service charges for the bonds anticipated 6,154
thereby as set forth in the bond proceedings applicable to such 6,155
notes, but this provision does not modify any authority in this 6,156
section to pledge pledged receipts and special funds to, and 6,157
covenant to issue bonds to fund, the payment of principal of and 6,158
interest and any premium on such notes. 6,159
(M) Obligations issued under this section are lawful 6,161
investments for banks, societies for savings, savings and loan 6,162
associations, deposit guarantee associations, trust companies, 6,163
trustees, fiduciaries, insurance companies, including domestic 6,164
for life and domestic not for life, trustees or other officers 6,165
having charge of sinking and bond retirement or other special 6,166
funds of political subdivisions and taxing districts of this 6,167
state, the commissioners of the sinking fund of the state, the 6,168
administrator of workers' compensation, the state teachers 6,170
retirement system, the public employees retirement system, the 6,171
school employees retirement system, and the police and firemen's 6,172
disability and pension fund, notwithstanding any other provisions 6,173
of the Revised Code or rules adopted pursuant thereto by any 6,174
governmental agency of the state with respect to investments by 6,175
them, and also are acceptable as security for the deposit of 6,176
public moneys.
(N) Unless otherwise provided in any applicable bond 6,178
proceedings, moneys to the credit of or in the special funds 6,179
established by or pursuant to this section may be invested by or 6,180
on behalf of the issuing authority only in notes, bonds, or other 6,181
obligations of the United States, or of any agency or 6,182
instrumentality of the United States, obligations guaranteed as 6,184
139
to principal and interest by the United States, obligations of 6,185
this state or any political subdivision of this state, and 6,186
certificates of deposit of any national bank located in this 6,188
state and any bank, as defined in section 1101.01 of the Revised 6,189
Code, subject to inspection by the superintendent of financial 6,190
institutions. If the law or the instrument creating a trust 6,192
pursuant to division (I) of this section expressly permits 6,193
investment in direct obligations of the United States or an 6,194
agency of the United States, unless expressly prohibited by the 6,195
instrument, such moneys also may be invested in no front end load 6,196
money market mutual funds consisting exclusively of obligations 6,197
of the United States or an agency of the United States and in 6,198
repurchase agreements, including those issued by the fiduciary 6,199
itself, secured by obligations of the United States or an agency 6,200
of the United States; and in collective investment funds 6,201
established in accordance with section 1111.14 of the Revised 6,203
Code and consisting exclusively of any such securities, 6,204
notwithstanding division (A)(1)(c) of that section. The income 6,206
from such investments shall be credited to such funds as the 6,208
issuing authority determines, and such investments may be sold at 6,209
such times as the issuing authority determines or authorizes. 6,210
(O) Provision may be made in the applicable bond 6,212
proceedings for the establishment of separate accounts in the 6,213
bond service fund and for the application of such accounts only 6,214
to the specified bond service charges on obligations pertinent to 6,215
such accounts and bond service fund and for other accounts 6,216
therein within the general purposes of such fund. Unless 6,217
otherwise provided in any applicable bond proceedings, moneys to 6,218
the credit of or in the several special funds established 6,219
pursuant to this section shall be disbursed on the order of the 6,220
treasurer of state, provided that no such order is required for 6,221
the payment from the bond service fund when due of bond service 6,222
charges on obligations. 6,223
(P) The issuing authority may pledge all, or such portion 6,225
140
as the issuing authority determines, of the pledged receipts to 6,226
the payment of bond service charges on obligations issued under 6,227
this section, and for the establishment and maintenance of any 6,228
reserves, as provided in the bond proceedings, and make other 6,229
provisions therein with respect to pledged receipts as authorized 6,230
by this chapter, which provisions shall be controlling 6,231
notwithstanding any other provisions of law pertaining thereto. 6,232
(Q) The issuing authority may covenant in the bond 6,234
proceedings, and any such covenants shall be controlling 6,235
notwithstanding any other provision of law, that the state and 6,236
applicable officers and governmental agencies of the state, 6,237
including the general assembly, so long as any obligations are 6,239
outstanding, shall:
(1) Maintain statutory authority for and cause to be 6,241
operated the state lottery, including the transfers to and from 6,242
the lottery profits education fund created in section 3770.06 of 6,243
the Revised Code so that the pledged receipts shall be sufficient 6,244
in amount to meet bond service charges, and the establishment and 6,245
maintenance of any reserves and other requirements provided for 6,246
in the bond proceedings; 6,247
(2) Take or permit no action, by statute or otherwise, 6,249
that would impair the exclusion from gross income for federal 6,250
income tax purposes of the interest on any obligations designated 6,251
by the bond proceeding as tax-exempt obligations. 6,252
(R) There is hereby created the school building program 6,254
bond service fund, which shall be in the custody of the treasurer 6,255
of state but shall be separate and apart from and not a part of 6,256
the state treasury. All moneys received by or on account of the 6,257
issuing authority or state agencies and required by the 6,258
applicable bond proceedings, consistent with this section, to be 6,259
deposited, transferred, or credited to the school building 6,260
program bond service fund, and all other moneys transferred or 6,261
allocated to or received for the purposes of the fund, shall be 6,262
deposited and credited to such fund and to any separate accounts 6,263
141
therein, subject to applicable provisions of the bond 6,264
proceedings, but without necessity for any act of appropriation, 6,265
except as required by section 3770.06 of the Revised Code. 6,266
During the period beginning with the date of the first issuance 6,267
of obligations and continuing during such time as any such 6,268
obligations are outstanding, and so long as moneys in the school 6,269
building program bond service fund are insufficient to pay all 6,270
bond service charges on such obligations becoming due in each 6,271
year, a sufficient amount of the moneys from the lottery profits 6,272
education fund included in pledged receipts, subject to 6,273
appropriation for such purpose as provided in section 3770.06 of 6,274
the Revised Code, are committed and shall be paid to the school 6,275
building program bond service fund in each year for the purpose 6,276
of paying the bond service charges becoming due in that year. 6,277
The school building program bond service fund is a trust fund and 6,278
is hereby pledged to the payment of bond service charges solely 6,279
on obligations issued to provide moneys for the school building 6,280
program assistance fund to the extent provided in the applicable 6,281
bond proceedings, and payment thereof from such fund shall be 6,282
made or provided for by the treasurer of state in accordance with 6,283
such bond proceedings without necessity for any act of 6,284
appropriation except as required by section 3770.06 of the 6,285
Revised Code. 6,286
(S) There is hereby created the school facilities bond 6,288
service fund, which shall be in the custody of the treasurer of 6,289
state but shall be separate and apart from and not a part of the 6,290
state treasury. All moneys received by or on account of the 6,291
issuing authority or state agencies and required by the 6,292
applicable bond proceedings, consistent with this section, to be 6,293
deposited, transferred, or credited to the school facilities bond 6,294
service fund, and all other moneys transferred or allocated to or 6,295
received for the purposes of the fund, shall be deposited and 6,296
credited to such fund and to any separate accounts therein, 6,297
subject to applicable provisions of the bond proceedings, but 6,298
142
without necessity for any act of appropriation. During the 6,299
period beginning with the date of the first issuance of 6,300
obligations and continuing during such time as any such 6,301
obligations are outstanding, and so long as moneys in the school 6,302
facilities bond service fund are insufficient to pay all bond 6,303
service charges on such obligations becoming due in each year, a 6,304
sufficient amount of the moneys from the public school building 6,305
fund included in pledged receipts are committed and shall be paid 6,306
to the bond service fund in each year for the purpose of paying 6,307
the bond service charges becoming due in that year. The school 6,308
facilities bond service fund is a trust fund and is hereby 6,309
pledged to the payment of bond service charges on obligations 6,310
issued to provide moneys for the school districts facilities fund 6,311
to the extent provided in the applicable bond proceedings, and 6,312
payment thereof from such fund shall be made or provided for by 6,313
the treasurer of state in accordance with such bond proceedings 6,314
without necessity for any act or appropriation. 6,315
(T) The obligations, the transfer thereof, and the income 6,317
therefrom, including any profit made on the sale thereof, at all 6,319
times shall be free from taxation within the state.
Sec. 3318.29. The maximum maturity of any obligations 6,328
issued pursuant to section 3318.26 of the Revised Code to provide 6,329
moneys for the school building program assistance fund shall be 6,330
ten years. The terms of the obligations shall be such that in 6,331
any fiscal year the aggregate amount of moneys from the lottery 6,332
profits education fund, and not from other sources, that are 6,333
pledged to pay bond service charges on obligations issued to 6,334
provide moneys for the school building program assistance fund 6,335
shall not exceed ten million dollars. 6,336
As used in this section, "other sources" includes the 6,338
annual investment income on special funds to the extent the 6,339
income will be available for payment of any bond service charges 6,340
in lieu of use of moneys from the lottery profits education fund. 6,341
The annual investment income shall be estimated on the basis of 6,342
143
the expected funding of those special funds and assumed 6,343
investment earnings thereon at a rate equal to the weighted 6,344
average yield on investments of those special funds determined as 6,345
of any date within sixty days immediately preceding the date of 6,346
issuance of the bonds in respect of which the determination is 6,347
being made. 6,348
The determinations required by this section shall be made 6,350
by the treasurer of state at the time of issuance of an issue of 6,351
obligations and shall be conclusive for purposes of such issuance 6,352
of obligations from and after their issuance and delivery. 6,353
The maximum maturity of obligations issued pursuant to 6,355
section 3318.26 of the Revised Code to provide moneys for the 6,356
school district facilities fund shall not exceed the maximum 6,357
maturity of the loan made from such fund pursuant to section 6,358
3318.24 of the Revised Code utilizing the proceeds of such 6,359
obligations or ten years, whichever is less. The terms of the 6,360
obligations shall be such that in any fiscal year the aggregate 6,361
amount of moneys from the public school building fund that are 6,362
pledged to pay bond service charges on obligations issued to 6,363
provide moneys for the school districts facilities fund shall not 6,364
exceed an amount which shall be established by the Ohio school 6,365
facilities commission. 6,366
Sec. 3318.31. (A) The Ohio school facilities commission 6,377
may perform any act and ensure the performance of any function 6,378
necessary or appropriate to carry out the purposes of, and 6,379
exercise the powers granted under, sections 3318.01 to 3318.33 6,380
AND SECTION 3318.36 of the Revised Code, including any of the 6,381
following: 6,382
(1) Employ and fix the compensation of such employees as 6,386
will facilitate the activities and purposes of the commission, 6,387
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 6,390
of the Revised Code, rules for the administration of sections 6,392
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 6,394
144
(3) Contract with, retain the services of, or designate, 6,397
and fix the compensation of, such agents, accountants, 6,398
consultants, advisers, and other independent contractors as may 6,399
be necessary or desirable to carry out the purposes of sections 6,400
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 6,401
(4) Receive and accept any gifts, grants, donations, and 6,404
pledges, and receipts therefrom, to be used for the purposes of 6,405
sections 3318.01 to 3318.33 AND SECTION 3318.36 of the Revised 6,406
Code.
(5) Make and enter into all contracts, commitments, and 6,409
agreements, and execute all instruments, necessary or incidental 6,410
to the performance of its duties and the execution of its rights 6,411
and powers under sections 3318.01 to 3318.33 AND SECTION 3318.36 6,412
of the Revised Code. 6,413
(B) The attorney general shall serve as the legal 6,416
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 6,418
of the Revised Code. 6,419
Sec. 3318.33. (A) THERE IS HEREBY CREATED IN THE STATE 6,421
TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL 6,422
CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY 6,423
AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION 6,424
UNDER SECTION 3318.31 OF THE REVISED CODE. INVESTMENT EARNINGS 6,426
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 6,428
ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING
EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING 6,429
BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING 6,430
PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY 6,431
THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER 6,432
CHAPTER 3318. OF THE REVISED CODE. 6,433
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO 6,435
THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT 6,436
EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION 6,437
145
3318.15 OF THE REVISED CODE. THE DIRECTOR OF BUDGET AND 6,438
MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION 6,439
FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM 6,440
ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED 6,441
CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL 6,442
ARBITRAGE REBATE REQUIREMENTS.
Sec. 3318.35. (A) As used in this section: 6,451
(1) "Adjusted valuation per pupil" has MEANS the same 6,453
meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT 6,454
OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of 6,456
the Revised Code.
(2) "Ohio school facilities commission" has the same 6,459
meaning as in section 3318.01 of the Revised Code. 6,460
(B) The Ohio school facilities commission shall establish 6,463
and administer the emergency school building repair program. 6,464
Under the program, the commission shall distribute moneys 6,465
appropriated by the general assembly for such purpose to school 6,466
districts, beginning with those districts with an A CURRENT, 6,467
ONE-YEAR adjusted valuation per pupil less than the CURRENT, 6,469
ONE-YEAR adjusted valuation per pupil of the school district with 6,470
the two hundred ninety-third lowest adjusted valuation per pupil 6,471
in the state. The commission shall submit to the controlling 6,473
board for its approval or disapproval requests for allocations of 6,475
lump sums of money from which the commission may disburse funds 6,476
to school districts upon determining that the districts qualify 6,477
for emergency building repair assistance. Any school district 6,479
that receives moneys under this section shall expend them only to 6,480
repair the following:
(1) Heating systems; 6,482
(2) Floors, roofs, and exterior doors; 6,484
(3) Air ducts and other air ventilation devices; 6,487
(4) Emergency exit or egress passageway lighting; 6,489
(5) Fire alarm systems; 6,491
(6) Handicapped access needs; 6,493
146
(7) Sewage systems; 6,495
(8) Water supplies; 6,497
(9) Asbestos removal; and 6,499
(10) Any other repairs to a school building that meet the 6,502
requirements of the life safety code, as interpreted by the 6,503
commission.
(C) The Ohio school facilities commission shall adopt 6,506
rules in accordance with Chapter 119. of the Revised Code 6,507
necessary to carry out its duties and responsibilities under this 6,508
section.
Sec. 3318.36. (A) AS USED IN THIS SECTION: 6,510
(1) "OHIO SCHOOL FACILITIES COMMISSION," "CLASSROOM 6,512
FACILITIES," "SCHOOL DISTRICT," "SCHOOL DISTRICT BOARD," "NET 6,513
BONDED INDEBTEDNESS," "REQUIRED PERCENTAGE OF THE BASIC PROJECT 6,514
COSTS," "BASIC PROJECT COST," "VALUATION," AND "PERCENTILE" HAVE 6,515
THE SAME MEANINGS AS IN SECTION 3318.01 OF THE REVISED CODE. 6,516
(2) "REQUIRED LEVEL OF INDEBTEDNESS" MEANS FIVE PER CENT 6,518
OF THE SCHOOL DISTRICT'S VALUATION FOR THE YEAR PRECEDING THE 6,519
YEAR IN WHICH THE COMMISSION AND SCHOOL DISTRICT ENTER INTO AN 6,520
AGREEMENT UNDER DIVISION (B) OF THIS SECTION, PLUS [TWO 6,522
ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN 6,523
WHICH THE DISTRICT RANKS IN THE FISCAL YEAR THE COMMISSION AND 6,524
THE SCHOOL DISTRICT ENTER INTO SUCH AGREEMENT MINUS ONE)<. 6,525
(B) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 6,527
ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM. UNDER THE 6,528
PROGRAM, THE OHIO SCHOOL FACILITIES COMMISSION MAY ENTER INTO AN 6,529
AGREEMENT WITH THE SCHOOL DISTRICT BOARD OF ANY SCHOOL DISTRICT 6,531
RANKED IN THE TWENTIETH TO FORTIETH PERCENTILES, AS DETERMINED
UNDER SECTION 3318.011 OF THE REVISED CODE IN THE FISCAL YEAR 6,533
THAT THE COMMISSION AND SCHOOL DISTRICT BOARD ENTER INTO SUCH 6,535
AGREEMENT. UNDER THE AGREEMENT, THE SCHOOL DISTRICT BOARD MAY 6,536
PROCEED WITH THE NEW CONSTRUCTION OR MAJOR REPAIRS OF A PART OF 6,537
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, AS DETERMINED 6,538
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THROUGH 6,539
147
THE EXPENDITURE OF LOCAL RESOURCES PRIOR TO THE SCHOOL DISTRICT'S 6,540
ELIGIBILITY FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 6,541
3318.20 OF THE REVISED CODE AND MAY APPLY THAT EXPENDITURE TOWARD 6,542
MEETING THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST 6,543
OF THE TOTAL OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, 6,545
AS DETERMINED UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 6,546
CODE AND AS RECALCULATED UNDER DIVISION (E) OF THIS SECTION, THAT 6,547
ARE ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 6,548
3318.20 OF THE REVISED CODE WHEN THE SCHOOL DISTRICT BECOMES 6,550
ELIGIBLE FOR SUCH STATE ASSISTANCE.
THE COMMISSION MAY ENTER INTO AN AGREEMENT UNDER THIS 6,552
SECTION WITH NO MORE THAN FIVE SCHOOL DISTRICTS EACH YEAR. 6,553
TO PARTICIPATE IN THE PROGRAM, A SCHOOL DISTRICT BOARD 6,555
SHALL FIRST ADOPT A RESOLUTION CERTIFYING TO THE COMMISSION THE 6,556
BOARD'S INTENT TO PARTICIPATE IN THE PROGRAM. 6,557
THE COMMISSION SHALL CONSIDER SCHOOL DISTRICTS FOR 6,559
PARTICIPATION IN THE PROGRAM UNDER THIS SECTION EACH YEAR IN THE 6,560
ORDER IN WHICH THEY ADOPT THE RESOLUTIONS REQUIRED UNDER THIS 6,561
SECTION AND SUBMIT THEM TO THE COMMISSION.
ANY PROJECT UNDER THIS SECTION SHALL COMPLY WITH SECTION 6,563
3318.03 OF THE REVISED CODE AND WITH ANY SPECIFICATIONS FOR PLANS 6,564
AND MATERIALS FOR CLASSROOM FACILITIES ADOPTED BY THE COMMISSION 6,566
UNDER SECTION 3318.04 OF THE REVISED CODE. 6,567
(C) IF THE COMMISSION AND A SCHOOL DISTRICT BOARD ENTER 6,569
INTO AN AGREEMENT AUTHORIZED UNDER DIVISION (B) OF THIS SECTION, 6,570
THE COMMISSION SHALL CONDUCT ON-SITE VISITS TO THE SCHOOL 6,571
DISTRICT AND SHALL CONDUCT AN ASSESSMENT OF THE SCHOOL DISTRICT'S 6,573
CLASSROOM FACILITIES NEEDS AS AUTHORIZED IN SECTION 3318.021 OF 6,574
THE REVISED CODE WITHIN SIX MONTHS OF THE EXECUTION OF THE 6,575
AGREEMENT. BASED ON THE RESULTS OF THE ON-SITE VISITS AND 6,576
ASSESSMENT, THE COMMISSION SHALL DETERMINE THE BASIC PROJECT COST 6,577
OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE 6,578
COMMISSION SHALL DETERMINE THE SCHOOL DISTRICT'S PORTION OF SUCH 6,579
BASIC PROJECT COST, WHICH SHALL BE THE GREATER OF: 6,580
148
(1) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 6,582
DETERMINED BASED ON THE SCHOOL DISTRICT'S PERCENTILE RANKING IN 6,583
THE FISCAL YEAR THE COMMISSION AND THE SCHOOL DISTRICT ENTER INTO 6,584
THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION; 6,585
(2) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 6,587
BONDED INDEBTEDNESS, AS OF THE FISCAL YEAR THE COMMISSION AND THE 6,588
SCHOOL DISTRICT ENTER INTO THE AGREEMENT UNDER DIVISION (B) OF 6,589
THIS SECTION, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED 6,590
LEVEL OF INDEBTEDNESS.
(D)(1) WHEN THE COMMISSION DETERMINES THE BASIC PROJECT 6,592
COST OF THE CLASSROOM FACILITIES NEEDS OF A SCHOOL DISTRICT AND 6,593
THE SCHOOL DISTRICT'S PORTION OF THAT BASIC PROJECT COST UNDER 6,595
DIVISION (C) OF THIS SECTION, THE PROJECT SHALL BE CONDITIONALLY 6,596
APPROVED. SUCH CONDITIONAL APPROVAL SHALL BE SUBMITTED TO THE 6,597
CONTROLLING BOARD FOR APPROVAL THEREOF. THE CONTROLLING BOARD 6,598
SHALL FORTHWITH APPROVE OR REJECT THE COMMISSION'S DETERMINATION, 6,599
CONDITIONAL APPROVAL, AND THE AMOUNT OF THE STATE'S PORTION OF 6,600
THE BASIC PROJECT COST; HOWEVER, NO STATE FUNDS SHALL BE 6,601
ENCUMBERED UNDER THIS SECTION. UPON APPROVAL BY THE CONTROLLING 6,602
BOARD, THE SCHOOL DISTRICT BOARD MAY IDENTIFY A DISCRETE PART OF 6,604
ITS CLASSROOM FACILITIES NEEDS, WHICH SHALL INCLUDE ONLY NEW 6,605
CONSTRUCTION OF OR ADDITIONS OR MAJOR REPAIRS TO A PARTICULAR 6,606
BUILDING, TO ADDRESS WITH LOCAL RESOURCES. UPON IDENTIFYING A 6,608
PART OF THE SCHOOL DISTRICT'S BASIC PROJECT COST TO ADDRESS WITH 6,609
LOCAL RESOURCES, THE SCHOOL DISTRICT BOARD MAY ALLOCATE ANY 6,610
AVAILABLE SCHOOL DISTRICT MONEYS TO PAY THE COST OF THAT 6,611
IDENTIFIED PART, INCLUDING THE PROCEEDS OF AN ISSUANCE OF BONDS
IF APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT. 6,613
ALL LOCAL RESOURCES UTILIZED UNDER THIS DIVISION SHALL 6,615
FIRST BE DEPOSITED IN THE PROJECT CONSTRUCTION ACCOUNT REQUIRED 6,616
UNDER SECTION 3318.08 OF THE REVISED CODE.
(2) FOR A SCHOOL DISTRICT TO QUALIFY FOR PARTICIPATION IN 6,618
THE PROGRAM AUTHORIZED UNDER THIS SECTION, THE ELECTORS OF THE 6,619
SCHOOL DISTRICT BY A MAJORITY VOTE SHALL APPROVE THE LEVY OF 6,620
149
TAXES OUTSIDE THE TEN-MILL LIMITATION FOR A PERIOD NOT TO EXCEED 6,621
TWENTY-THREE YEARS AT THE RATE OF ONE-HALF MILL FOR EACH DOLLAR 6,622
OF VALUATION TO BE USED TO PAY THE COST OF MAINTAINING THE 6,623
CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST AS 6,624
DETERMINED BY THE COMMISSION. THE FORM OF THE BALLOT TO BE USED 6,625
TO SUBMIT THE QUESTION WHETHER TO APPROVE THE TAX REQUIRED UNDER 6,626
THIS DIVISION TO THE ELECTORS OF THE SCHOOL DISTRICT SHALL BE THE 6,627
FORM FOR AN ADDITIONAL LEVY OF TAXES PRESCRIBED IN DIVISION (C) 6,628
OF SECTION 3318.06 OF THE REVISED CODE. PROCEEDS OF THIS 6,629
ADDITIONAL LEVY OF TAXES SHALL BE DEPOSITED INTO A SEPARATE FUND 6,630
AS SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED 6,631
CODE.
(E) IF THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 6,633
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 6,635
BASED ON ITS PERCENTILE RANKING AS DETERMINED UNDER DIVISION (B) 6,636
OF THIS SECTION, THE COMMISSION SHALL CONDUCT A NEW ASSESSMENT OF 6,637
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS AND SHALL 6,638
RECALCULATE THE BASIC PROJECT COST BASED ON THIS NEW ASSESSMENT. 6,639
THE BASIC PROJECT COST RECALCULATED UNDER THIS DIVISION SHALL 6,640
INCLUDE THE AMOUNT OF EXPENDITURES MADE BY THE SCHOOL DISTRICT 6,641
BOARD UNDER DIVISION (D)(1) OF THIS SECTION. THE COMMISSION
SHALL THEN RECALCULATE THE SCHOOL DISTRICT'S PORTION OF THE NEW 6,642
BASIC PROJECT COST BY UTILIZING THE PROPORTION OF THE ORIGINAL 6,643
BASIC PROJECT COST ASSIGNED TO THE SCHOOL DISTRICT AS ITS PORTION 6,644
UNDER DIVISION (C) OF THIS SECTION. THE COMMISSION SHALL DEDUCT 6,645
THE EXPENDITURE OF SCHOOL DISTRICT MONEYS MADE UNDER DIVISION 6,646
(D)(1) OF THIS SECTION FROM THE SCHOOL DISTRICT'S PORTION OF THE 6,647
BASIC PROJECT COST AS RECALCULATED UNDER THIS DIVISION. IF THE 6,648
AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE SCHOOL 6,649
DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE BASIC 6,651
PROJECT COST UNDER THIS SECTION IS LESS THAN THE TOTAL AMOUNT OF 6,652
SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE SCHOOL
DISTRICT BOARD BY A MAJORITY VOTE OF ALL OF ITS MEMBERS SHALL, IF 6,653
IT DESIRES TO SEEK STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 6,654
150
3318.20 OF THE REVISED CODE, ADOPT A RESOLUTION AS SPECIFIED IN 6,656
SECTION 3318.06 OF THE REVISED CODE TO SUBMIT TO THE ELECTORS OF 6,658
THE SCHOOL DISTRICT THE QUESTION OF APPROVAL OF A BOND ISSUE IN 6,659
ORDER TO PAY ANY ADDITIONAL AMOUNT OF SCHOOL DISTRICT PORTION 6,660
REQUIRED FOR STATE ASSISTANCE. THE TAX LEVY APPROVED UNDER 6,661
DIVISION (D)(2) OF THIS SECTION SHALL SATISFY THE REQUIREMENTS TO 6,662
LEVY THE ONE-HALF MILL ADDITIONAL TAX UNDER SECTION 3318.06 OF 6,663
THE REVISED CODE.
IF THE AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE 6,665
SCHOOL DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE 6,666
BASIC PROJECT COST UNDER THIS SECTION IS MORE THAN THE TOTAL 6,667
AMOUNT OF SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE 6,668
COMMISSION MAY REIMBURSE TO THE SCHOOL DISTRICT THE DIFFERENCE 6,669
BETWEEN THE TWO CALCULATED PORTIONS, BUT AT NO TIME SHALL THE 6,670
COMMISSION EXPEND ANY STATE FUNDS ON A PROJECT IN AN AMOUNT 6,671
GREATER THAN THE STATE'S PORTION OF THE BASIC PROJECT COST AS 6,672
RECALCULATED UNDER THIS DIVISION. 6,673
Sec. 3319.22. (A) The state board of education shall 6,682
adopt rules establishing the standards and requirements for 6,683
obtaining temporary, associate, provisional, and professional 6,684
educator licenses of any categories, types, and levels the board 6,685
elects to provide. However, no educator license shall be 6,686
required for teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends, 6,688
or rescinds for educator licenses under this section, division 6,689
(D) of section 3301.07 of the Revised Code, or any other law 6,690
shall be adopted, amended, or rescinded under Chapter 119. of the 6,691
Revised Code except as follows: 6,692
(1) Notwithstanding division (D) of section 119.03 and 6,695
division (A)(1) of section 119.04 of the Revised Code, the 6,696
effective date of any rules, or amendment or rescission of any 6,697
rules, shall not be as prescribed in division (D) of section 6,698
119.03 and division (A)(1) of section 119.04 of the Revised Code. 6,699
Instead, the rules or amendment or rescission of the rules shall 6,700
151
take effect only after the rules or amendment or rescission of 6,701
the rules are filed with the chairpersons of the committees of 6,702
the house of representatives and of the senate that are primarily 6,703
responsible for consideration of education legislation and only 6,704
after approval by the general assembly through adoption of a 6,705
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 6,706
the rules shall be the later of the date on which the concurrent 6,707
resolution is adopted by the second house or the date prescribed 6,708
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 6,710
rescind emergency rules in division (F) of section 119.03 of the 6,711
Revised Code, this authority shall not apply to the state board 6,712
of education with regard to rules for educator licenses. 6,713
(C)(1) The rules adopted under this section establishing 6,715
standards requiring additional coursework for the renewal of any 6,716
educator license shall require a school district and a chartered 6,717
nonpublic school to establish local professional development 6,718
committees. In a nonpublic school, the chief administrative 6,719
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 6,720
shall determine whether coursework that a district or chartered 6,721
nonpublic school teacher proposes to complete meets the 6,722
requirement of the rules. The rules shall establish a procedure 6,723
by which a teacher may appeal the decision of a local 6,724
professional development committee.
(2) In any school district in which there is no exclusive 6,726
representative established under Chapter 4117. of the Revised 6,727
Code, the professional development committees shall be 6,728
established as described in division (C)(2) of this section. 6,729
Not later than the effective date of the rules adopted 6,731
under this section, the board of education of each school 6,732
district shall establish the structure for one or more local 6,733
professional development committees to be operated by such school 6,734
152
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 6,735
an anniversary of the date upon which the current committee 6,736
structure was established, the board provides notice to all 6,737
affected district employees that the committee structure is to be 6,738
modified. Professional development committees may have a
district-level or building-level scope of operations, and may be 6,739
established with regard to particular grade or age levels for 6,741
which an educator license is designated. 6,742
Each professional development committee shall consist of at 6,744
least three classroom teachers employed by the district, one 6,745
principal employed by the district, and one other employee of the 6,746
district appointed by the district superintendent. For 6,747
committees with a building-level scope, the teacher and principal 6,749
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 6,750
teachers assigned to that building. For committees with a 6,751
district-level scope, the teacher members shall be elected by 6,753
majority vote of the classroom teachers of the district, and the 6,754
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 6,755
principals employed by the district, in which case the one or two 6,756
principals employed shall serve on the committee. If a committee 6,757
has a particular grade or age level scope, the teacher members 6,758
shall be licensed to teach such grade or age levels, and shall be 6,759
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 6,760
serving in buildings where any such teachers serve. The district 6,761
superintendent shall appoint a replacement to fill any vacancy 6,762
that occurs on a professional development committee, except in 6,763
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 6,764
of the committee so selected. 6,765
Terms of office on professional development committees 6,767
153
shall be prescribed by the district board establishing the 6,768
committees. The conduct of elections for members of professional 6,769
development committees shall be prescribed by the district board 6,770
establishing the committees. A professional development
committee may include additional members, except that the 6,771
majority of members on each such committee shall be classroom 6,772
teachers employed by the district. Any member appointed to fill 6,773
a vacancy occurring prior to the expiration date of the term for 6,774
which a predecessor was appointed shall hold office as a member 6,775
for the remainder of that term.
The initial meeting of any professional development 6,777
committee, upon election and appointment of all committee 6,778
members, shall be called by a member designated by the district 6,779
superintendent. At this initial meeting, the committee shall 6,780
select a chairperson and such other officers the committee deems 6,781
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 6,782
chairperson or upon the filing of a petition with the district 6,783
superintendent signed by a majority of the committee members 6,784
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 6,786
representative has been established pursuant to Chapter 4117. of 6,787
the Revised Code, professional development committees shall be 6,788
established in accordance with any collective bargaining 6,789
agreement in effect in the district that includes provisions for
such committees. 6,790
If the collective bargaining agreement does not specify a 6,792
different method for the selection of teacher members of the 6,793
committees, the exclusive representative of the district's 6,794
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 6,796
different structure for the committees, the board of education of 6,797
the school district shall establish the structure, including the 6,798
number of committees and the number of teacher and administrative 6,799
154
members on each committee; the specific administrative members to 6,800
be part of each committee; whether the scope of the committees 6,801
will be district levels, building level LEVELS, or by type of 6,802
grade or age levels for which educator licenses are designated; 6,803
the lengths of terms for members; the manner of filling vacancies 6,804
on the committees; and the frequency and time and place of 6,805
meetings. However, in all cases, except as provided in division 6,806
(C)(4) of this section, there shall be a majority of teacher 6,807
members of any professional development committee, there shall be 6,808
at least five total members of any professional development
committee, and the exclusive representative shall designate 6,809
replacement members in the case of vacancies among teacher 6,810
members, unless the collective bargaining agreement specifies a 6,811
different method of selecting such replacements. 6,812
(4) Whenever an administrator's coursework plan is being 6,815
discussed or voted upon, the local professional development 6,816
committee shall, at the request of one of its administrative 6,817
members, cause a majority of the committee to consist of 6,818
administrative members by reducing the number of teacher members 6,819
voting on the plan. 6,820
(5) A PUBLIC INSTITUTION OR AGENCY THAT PROVIDES 6,822
EDUCATIONAL SERVICES AND EMPLOYS OR CONTRACTS FOR SERVICES OF 6,823
LICENSED EDUCATORS MAY ESTABLISH A LOCAL PROFESSIONAL DEVELOPMENT 6,824
COMMITTEE. THE LOCAL PROFESSIONAL DEVELOPMENT COMMITTEE MAY 6,825
DETERMINE WHETHER THE COURSEWORK THOSE EDUCATORS PROPOSE TO 6,826
COMPLETE MEETS THE REQUIREMENT OF THE RULES ADOPTED UNDER THIS
SECTION FOR RENEWAL OF THEIR EDUCATOR LICENSES IF THE COMMITTEE'S 6,827
STRUCTURE AND MEMBERSHIP IS APPROVED BY THE DEPARTMENT OF 6,828
EDUCATION. THE DEPARTMENT SHALL ISSUE GUIDELINES FOR THE 6,829
STRUCTURE OF LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES 6,830
ESTABLISHED BY PUBLIC INSTITUTIONS OR AGENCIES.
Sec. 3319.235. (A) The standards for the preparation of 6,839
teachers adopted under section 3319.23 of the Revised Code shall 6,840
require any institution that provides a course of study for the 6,841
155
training of teachers to ensure that graduates of such course of 6,842
study are skilled at integrating educational technology in the 6,843
instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner 6,844
prescribed by the department of education or completed a course 6,845
that includes training in such skills. 6,846
(B) The office of information, learning, and technology 6,849
OHIO SCHOOLNET COMMISSION, established in division (B) of 6,850
PURSUANT TO section 3301.80 of the Revised Code, shall establish 6,852
model professional development programs to assist teachers who
completed their teacher preparation prior to the effective date 6,854
of division (A) of this section to become skilled at integrating 6,855
educational technology in the instruction of children. The 6,856
office COMMISSION shall provide technical assistance to school 6,858
districts wishing to establish such programs.
Sec. 3324.01. AS USED IN THIS SECTION AND SECTIONS 3324.02 6,860
THROUGH 3324.06 OF THE REVISED CODE: 6,861
(A) "APPROVED" MEANS APPROVED BY THE DEPARTMENT OF 6,863
EDUCATION AND INCLUDED ON THE LIST COMPILED BY THE DEPARTMENT 6,864
UNDER SECTION 3324.02 OF THE REVISED CODE. 6,865
(B) "GIFTED" MEANS STUDENTS WHO PERFORM OR SHOW POTENTIAL 6,868
FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN
COMPARED TO OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT AND 6,870
WHO ARE IDENTIFIED UNDER DIVISION (A), (B), (C), OR (D) OF 6,871
SECTION 3324.03 OF THE REVISED CODE. 6,873
(C) "SCHOOL DISTRICT" DOES NOT INCLUDE A JOINT VOCATIONAL 6,875
SCHOOL DISTRICT. 6,876
(D) "SPECIFIC ACADEMIC ABILITY FIELD" MEANS ONE OR MORE OF 6,878
THE FOLLOWING AREAS OF INSTRUCTION: 6,879
(1) MATHEMATICS; 6,881
(2) SCIENCE; 6,883
(3) READING, WRITING, OR A COMBINATION OF THESE SKILLS; 6,885
(4) SOCIAL STUDIES. 6,887
Sec. 3324.02. (A) THE DEPARTMENT OF EDUCATION SHALL 6,889
156
CONSTRUCT LISTS OF EXISTING ASSESSMENT INSTRUMENTS IT APPROVES 6,890
FOR USE BY SCHOOL DISTRICTS, AND MAY INCLUDE ON THE LISTS AND 6,891
MAKE AVAILABLE TO SCHOOL DISTRICTS ADDITIONAL ASSESSMENT
INSTRUMENTS DEVELOPED BY THE DEPARTMENT. WHEREVER POSSIBLE, THE 6,892
DEPARTMENT SHALL APPROVE ASSESSMENT INSTRUMENTS THAT UTILIZE 6,893
NATIONALLY RECOGNIZED STANDARDS FOR SCORING OR ARE NATIONALLY 6,894
NORMED. THE LISTS OF INSTRUMENTS SHALL INCLUDE: 6,895
(1) INITIAL SCREENING INSTRUMENTS FOR USE IN SELECTING 6,897
POTENTIALLY GIFTED STUDENTS FOR FURTHER ASSESSMENT; 6,898
(2) INSTRUMENTS FOR IDENTIFYING GIFTED STUDENTS UNDER 6,901
SECTION 3324.03 OF THE REVISED CODE.
(B) THE DEPARTMENT SHALL ALSO ADOPT RULES FOR THE 6,903
ADMINISTRATION OF ANY TESTS OR ASSESSMENT INSTRUMENTS IT APPROVES 6,904
ON THE LIST REQUIRED BY DIVISION (A) OF THIS SECTION AND FOR 6,905
ESTABLISHING THE SCORES OR PERFORMANCE LEVELS REQUIRED UNDER 6,906
SECTION 3324.03 OF THE REVISED CODE. 6,907
(C) THE DEPARTMENT SHALL ENSURE THAT THE APPROVED LIST OF 6,909
ASSESSMENT INSTRUMENTS UNDER THIS SECTION INCLUDES INSTRUMENTS 6,910
THAT ALLOW FOR APPROPRIATE SCREENING AND IDENTIFICATION OF GIFTED 6,911
MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH DISABILITIES, 6,913
AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE.
(D) DISTRICTS SHALL SELECT SCREENING AND IDENTIFICATION 6,915
INSTRUMENTS FROM THE APPROVED LISTS FOR INCLUSION IN THEIR 6,916
DISTRICT POLICIES. 6,917
(E) THE DEPARTMENT SHALL MAKE INITIAL LISTS OF APPROVED 6,919
ASSESSMENT INSTRUMENTS AND THE RULES FOR THE ADMINISTRATION OF 6,920
THE INSTRUMENTS AVAILABLE BY SEPTEMBER 1, 1999. 6,921
Sec. 3324.03. THE BOARD OF EDUCATION OF EACH SCHOOL 6,923
DISTRICT SHALL IDENTIFY GIFTED STUDENTS IN GRADES KINDERGARTEN 6,924
THROUGH TWELVE AS FOLLOWS: 6,925
(A) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SUPERIOR 6,927
COGNITIVE ABILITY" IF THE STUDENT DID EITHER OF THE FOLLOWING 6,928
WITHIN THE PRECEDING TWENTY-FOUR MONTHS: 6,929
(1) SCORED TWO STANDARD DEVIATIONS ABOVE THE MEAN, MINUS 6,931
157
THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED INDIVIDUAL 6,932
STANDARDIZED INTELLIGENCE TEST ADMINISTERED BY A LICENSED 6,933
PSYCHOLOGIST;
(2) ACCOMPLISHED ANY ONE OF THE FOLLOWING: 6,935
(a) SCORED AT LEAST TWO STANDARD DEVIATIONS ABOVE THE 6,937
MEAN, MINUS THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED 6,938
STANDARDIZED GROUP INTELLIGENCE TEST; 6,939
(b) PERFORMED AT OR ABOVE THE NINETY-FIFTH PERCENTILE ON 6,941
AN APPROVED INDIVIDUAL OR GROUP STANDARDIZED BASIC OR COMPOSITE 6,942
BATTERY OF A NATIONALLY NORMED ACHIEVEMENT TEST; 6,943
(c) ATTAINED AN APPROVED SCORE ON ONE OR MORE ABOVE-GRADE 6,945
LEVEL STANDARDIZED, NATIONALLY NORMED APPROVED TESTS. 6,946
(B) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SPECIFIC 6,948
ACADEMIC ABILITY" SUPERIOR TO THAT OF CHILDREN OF SIMILAR AGE IN 6,949
A SPECIFIC ACADEMIC ABILITY FIELD IF WITHIN THE PRECEDING 6,951
TWENTY-FOUR MONTHS THE STUDENT PERFORMS AT OR ABOVE THE
NINETY-FIFTH PERCENTILE AT THE NATIONAL LEVEL ON AN APPROVED 6,953
INDIVIDUAL OR GROUP STANDARDIZED ACHIEVEMENT TEST OF SPECIFIC 6,954
ACADEMIC ABILITY IN THAT FIELD. A STUDENT MAY BE IDENTIFIED AS 6,955
GIFTED IN MORE THAN ONE SPECIFIC ACADEMIC ABILITY FIELD. 6,956
(C) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "CREATIVE 6,958
THINKING ABILITY" SUPERIOR TO CHILDREN OF A SIMILAR AGE, IF 6,959
WITHIN THE PREVIOUS TWENTY-FOUR MONTHS, THE STUDENT SCORED ONE 6,960
STANDARD DEVIATION ABOVE THE MEAN, MINUS THE STANDARD ERROR OF 6,961
MEASUREMENT, ON AN APPROVED INDIVIDUAL OR GROUP INTELLIGENCE TEST 6,962
AND ALSO DID EITHER OF THE FOLLOWING: 6,963
(1) ATTAINED A SUFFICIENT SCORE, AS ESTABLISHED BY THE 6,965
DEPARTMENT OF EDUCATION, ON AN APPROVED INDIVIDUAL OR GROUP TEST 6,966
OF CREATIVE ABILITY; 6,967
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 6,969
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF CREATIVE 6,970
BEHAVIORS. 6,971
(D) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "VISUAL 6,973
OR PERFORMING ARTS ABILITY" SUPERIOR TO THAT OF CHILDREN OF 6,974
158
SIMILAR AGE IF THE STUDENT HAS DONE BOTH OF THE FOLLOWING: 6,975
(1) DEMONSTRATED THROUGH A DISPLAY OF WORK, AN AUDITION, 6,977
OR OTHER PERFORMANCE OR EXHIBITION, SUPERIOR ABILITY IN A VISUAL 6,978
OR PERFORMING ARTS AREA; 6,979
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 6,981
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF 6,982
BEHAVIORS RELATED TO A SPECIFIC ARTS AREA. 6,983
Sec. 3324.04. THE BOARD OF EDUCATION OF EACH SCHOOL 6,985
DISTRICT SHALL ADOPT A PLAN BY JANUARY 1, 2000, FOR IDENTIFYING 6,986
GIFTED STUDENTS. THE PLAN SHALL BE SUBMITTED TO THE DEPARTMENT 6,987
OF EDUCATION FOR APPROVAL. THE DEPARTMENT SHALL APPROVE THE PLAN 6,989
WITHIN SIXTY DAYS IF IT CONTAINS ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE ASSESSMENT INSTRUMENTS FROM THE 6,991
LIST ADOPTED BY THE DEPARTMENT THAT THE DISTRICT WILL USE TO 6,992
SCREEN AND IDENTIFY GIFTED STUDENTS; 6,993
(B) ACCEPTABLE SCHEDULING PROCEDURES FOR SCREENING AND FOR 6,995
ADMINISTERING ASSESSMENT INSTRUMENTS FOR IDENTIFYING GIFTED 6,996
STUDENTS. THESE PROCEDURES SHALL PROVIDE: 6,998
(1) AT LEAST TWO OPPORTUNITIES A YEAR FOR ASSESSMENT IN 7,000
THE CASE OF STUDENTS REQUESTING ASSESSMENT OR RECOMMENDED FOR 7,001
ASSESSMENT BY TEACHERS, PARENTS, OR OTHER STUDENTS; 7,002
(2) ASSURANCE OF INCLUSION IN SCREENING AND ASSESSMENT 7,004
PROCEDURES FOR MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH 7,005
DISABILITIES, AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE; 7,006
(3) ASSURANCE THAT ANY STUDENT TRANSFERRING INTO THE 7,008
DISTRICT WILL BE ASSESSED WITHIN NINETY DAYS OF THE TRANSFER AT 7,009
THE REQUEST OF A PARENT. 7,010
(C) PROCEDURES FOR NOTIFICATION OF PARENTS WITHIN THIRTY 7,012
DAYS ABOUT THE RESULTS OF ANY SCREENING PROCEDURE OR ASSESSMENT 7,013
INSTRUMENT AND THE PROVISION OF AN OPPORTUNITY FOR PARENTS TO 7,014
APPEAL ANY DECISION ABOUT THE RESULTS OF ANY SCREENING PROCEDURE 7,015
OR ASSESSMENT, THE SCHEDULING OF CHILDREN FOR ASSESSMENT, OR THE 7,016
PLACEMENT OF A STUDENT IN ANY PROGRAM OR FOR RECEIPT OF SERVICES; 7,017
(D) A COMMITMENT THAT THE DISTRICT WILL ACCEPT SCORES ON 7,019
159
ASSESSMENT INSTRUMENTS PROVIDED BY OTHER SCHOOL DISTRICTS OR 7,020
TRAINED PERSONNEL OUTSIDE THE SCHOOL DISTRICT, PROVIDED THE 7,021
ASSESSMENT INSTRUMENTS ARE ON THE LIST APPROVED BY THE DEPARTMENT 7,022
OF EDUCATION UNDER SECTION 3324.02 OF THE REVISED CODE. 7,023
THE DISTRICT'S PLAN MAY PROVIDE FOR THE DISTRICT TO 7,025
CONTRACT WITH ANY QUALIFIED PUBLIC OR PRIVATE SERVICE PROVIDER TO 7,026
PROVIDE SCREENING OR ASSESSMENT SERVICES UNDER THE PLAN. 7,027
THE DEPARTMENT SHALL ASSIST ANY DISTRICT WHOSE PLAN IT 7,029
DISAPPROVES UNDER THIS SECTION TO AMEND THE PLAN SO THAT IT MEETS 7,030
THE REQUIREMENTS OF THIS SECTION. 7,031
Sec. 3324.05. (A) EACH SCHOOL DISTRICT SHALL SUBMIT AN 7,033
ANNUAL REPORT TO THE DEPARTMENT OF EDUCATION SPECIFYING THE 7,034
NUMBER OF STUDENTS IN EACH OF GRADES KINDERGARTEN THROUGH TWELFTH 7,035
SCREENED, THE NUMBER ASSESSED, AND THE NUMBER IDENTIFIED AS 7,036
GIFTED IN EACH CATEGORY SPECIFIED IN SECTION 3324.03 OF THE 7,037
REVISED CODE.
(B) THE DEPARTMENT OF EDUCATION SHALL AUDIT EACH SCHOOL 7,039
DISTRICT'S IDENTIFICATION NUMBERS AT LEAST ONCE EVERY THREE YEARS 7,040
AND MAY SELECT ANY DISTRICT AT RANDOM OR UPON COMPLAINT OR 7,042
SUSPICION OF NONCOMPLIANCE FOR A FURTHER AUDIT TO DETERMINE
COMPLIANCE WITH SECTIONS 3324.03 TO 3324.06 OF THE REVISED CODE. 7,044
(C) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO 7,046
ANY DISTRICT FOUND IN NONCOMPLIANCE UNDER DIVISION (B) OF THIS 7,047
SECTION. THE DEPARTMENT MAY REDUCE FUNDS RECEIVED BY THE 7,048
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE BY ANY AMOUNT IF 7,049
THE DISTRICT CONTINUES TO BE NONCOMPLIANT. 7,051
Sec. 3324.06. THE BOARD OF EDUCATION OF EACH SCHOOL 7,053
DISTRICT SHALL ADOPT A STATEMENT OF ITS POLICY FOR THE SCREENING 7,054
AND IDENTIFICATION OF GIFTED STUDENTS AND SHALL DISTRIBUTE THE 7,055
POLICY STATEMENT TO PARENTS. THE POLICY STATEMENT SHALL SPECIFY: 7,056
(A) THE CRITERIA AND METHODS THE DISTRICT USES TO SCREEN 7,058
STUDENTS AND TO SELECT STUDENTS FOR FURTHER ASSESSMENT WHO 7,059
PERFORM OR SHOW POTENTIAL FOR PERFORMING AT REMARKABLY HIGH 7,060
LEVELS OF ACCOMPLISHMENT IN ONE OF THE GIFTED AREAS SPECIFIED IN 7,062
160
SECTION 3324.03 OF THE REVISED CODE;
(B) THE SOURCES OF ASSESSMENT DATA THE DISTRICT USES TO 7,064
SELECT STUDENTS FOR FURTHER TESTING AND AN EXPLANATION FOR 7,065
PARENTS OF THE MULTIPLE ASSESSMENT INSTRUMENTS REQUIRED TO 7,067
IDENTIFY GIFTED STUDENTS UNDER SECTION 3324.03 OF THE REVISED 7,068
CODE;
(C) AN EXPLANATION FOR PARENTS OF THE METHODS THE DISTRICT 7,070
USES TO ENSURE EQUAL ACCESS TO SCREENING AND FURTHER ASSESSMENT 7,071
BY ALL DISTRICT STUDENTS, INCLUDING MINORITY OR DISADVANTAGED 7,073
STUDENTS, CHILDREN WITH DISABILITIES, AND STUDENTS FOR WHOM 7,074
ENGLISH IS A SECOND LANGUAGE;
(D) PROVISIONS TO ENSURE EQUAL OPPORTUNITY FOR ALL 7,076
DISTRICT STUDENTS IDENTIFIED AS GIFTED TO RECEIVE ANY SERVICES 7,077
OFFERED BY THE DISTRICT; 7,078
(E) PROVISIONS FOR STUDENTS TO WITHDRAW FROM GIFTED 7,080
PROGRAMS OR SERVICES, FOR REASSESSMENT OF STUDENTS, AND FOR 7,081
ASSESSMENT OF STUDENTS TRANSFERRING INTO THE DISTRICT; 7,082
(F) METHODS FOR RESOLVING DISAGREEMENTS BETWEEN PARENTS 7,084
AND THE DISTRICT CONCERNING IDENTIFICATION AND PLACEMENT 7,085
DECISIONS.
A COPY OF THE DISTRICT'S POLICY ADOPTED UNDER THIS SECTION 7,087
SHALL ACCOMPANY THE DISTRICT'S PLAN SUBMITTED TO THE DEPARTMENT 7,088
OF EDUCATION UNDER SECTION 3324.04 OF THE REVISED CODE. 7,089
Sec. 3332.05. (A) The state board of proprietary school 7,098
registration shall issue a certificate of registration to an 7,099
applicant of good reputation seeking to offer one or more 7,100
programs upon receipt of the fee established in accordance with 7,101
section 3332.07 of the Revised Code and upon determining the 7,102
applicant has the facilities, resources, and faculty to provide 7,103
students with the kind of instruction that it proposes to offer 7,104
and meets the minimum standards of the board. A certificate of 7,105
registration shall be granted or denied within one hundred twenty 7,106
days of the receipt of the application therefor by the board. A 7,107
person shall obtain a separate certificate for each location at 7,108
161
which he THE PERSON offers programs. A THE FIRST certificate of 7,110
registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS 7,111
AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS 7,112
EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF 7,113
THE REVISED CODE. ANY OTHER CERTIFICATE OF REGISTRATION is valid 7,114
for two years, unless earlier revoked for cause by the board 7,115
UNDER THAT SECTION. 7,116
(B) The board shall issue program authorization for an 7,118
associate degree, certificate, or diploma program to an applicant 7,119
holding a certificate of registration issued pursuant to division 7,120
(A) of this section upon receipt of the fee established in 7,121
accordance with section 3332.07 of the Revised Code and upon 7,122
determining the applicant has the facilities, resources, and 7,123
faculty to provide students the kind of program it proposes to 7,124
offer and meets the minimum standards of the state board. 7,125
The state board shall promptly furnish the Ohio board of 7,127
regents a copy of all applications for issuance or renewal of 7,128
program authorization to offer any associate degree program. 7,129
Prior to the issuance or renewal of such program authorization 7,130
the state board shall conduct an on-site visit of the school 7,131
proposing the program. A representative of the board of regents 7,132
shall participate in the visit. Within twenty-one days of the 7,133
on-site visit the representative of the board of regents shall 7,134
provide the state board with a written statement recommending 7,135
approval or disapproval of the application. 7,136
Any program authorization issued by the board under this 7,138
division is valid only for the specified program at the location 7,139
for which it is issued and does not cover any other program 7,140
offered at the school or at other schools operated by the owner. 7,141
Program authorization is valid for the period of time specified 7,142
by the board, unless earlier suspended or revoked for cause by 7,143
the board UNDER SECTION 3332.09 OF THE REVISED CODE. 7,144
(C) The state board shall accept and review all 7,146
applications for program authorization for baccalaureate, 7,147
162
master's, and doctoral degree programs only from schools holding 7,148
certificates of registration issued by the board that have held 7,149
such certificates for the ten previous consecutive years. After 7,150
review the board shall refer any application it finds valid to 7,151
the Ohio board of regents for approval. The board of regents 7,152
shall review, and approve or disapprove, such degree programs and 7,153
if so approved, issue certificates of authorization to such 7,154
schools to offer such degree programs pursuant to Chapter 1713. 7,155
of the Revised Code. The board of regents shall notify the state 7,156
board of proprietary school registration of each school 7,157
registered with the state board that receives a certificate of 7,158
authorization and the approval to offer any degree program. Upon 7,159
receipt of such notification and the fee established in 7,160
accordance with section 3332.07 of the Revised Code, the state 7,161
board shall review, and may issue program authorization to offer, 7,162
such a degree program. Any program authorization issued by the 7,163
board under this division is valid only for the specified program 7,164
at the location for which it is issued and does not cover any 7,165
other program offered at the school or at other schools operated 7,166
by the owner. Program authorization is valid for the period of 7,167
time specified by the board, unless earlier suspended or revoked 7,168
for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE. 7,169
The state board shall not issue such program authorization unless 7,171
the degree program has been approved by the board of regents. 7,172
(D) The board may cause an investigation to be made into 7,174
the correctness of the information submitted in any application 7,175
received under this section. If the board believes that false, 7,176
misleading, or incomplete information has been submitted to it in 7,177
connection with any application, the board shall conduct a 7,178
hearing on the matter pursuant to Chapter 119. of the Revised 7,179
Code, and may withhold a certificate of registration or program 7,180
authorization upon finding that the applicant has failed to meet 7,181
the standards for such certificate or program authorization or 7,182
has submitted false, misleading, or incomplete information to the 7,183
163
board. Application for a certificate of registration or program 7,184
authorization shall be made in writing to the board on forms 7,185
furnished by the board. A certificate of registration or 7,186
program authorization is not transferable and shall be 7,187
prominently displayed on the premises of an institution. 7,188
The board shall assign registration numbers to all schools 7,190
registered with it. Schools shall display their registration 7,191
numbers on all school publications and on all advertisements 7,192
bearing the name of the school. 7,193
Notwithstanding the requirements of this section for 7,195
issuance of certificates of registration and program 7,196
authorization, the board may, in accordance with rules adopted by 7,197
it, grant certificates of registration and program authorization 7,198
to schools, colleges, institutes, or universities that have been 7,199
approved by the state department of education pursuant to the 7,200
"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771. 7,201
Sec. 3332.07. (A) Each application for issuance and 7,210
renewal of a certificate of registration, for the issuance and 7,211
renewal of program authorization, for issuance and renewal of 7,212
agent's permits, and for any other service specified by the state 7,213
board of proprietary school registration shall be accompanied by 7,214
the required fee. Fees submitted under this section are not 7,215
returnable even if approval or renewal is denied. 7,216
(B) Fee schedules for the issuance and renewal of 7,218
certificates of registration, for the issuance and renewal of 7,219
program authorization, for issuance and renewal of agent's 7,220
permits, and for any other service specified by the board shall 7,221
be established by rule adopted by the state board. THE FEE FOR A 7,222
ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE 7,223
FOR A TWO-YEAR CERTIFICATE. 7,224
(C) If in any fiscal year the amount received in fees 7,226
under this section does not equal or exceed fifty per cent of 7,227
board expenditures for the fiscal year, the board shall increase 7,228
fees for the ensuing fiscal year by an amount estimated to be 7,229
164
sufficient to produce revenues equal to fifty per cent of 7,230
estimated expenditures for that ensuing fiscal year. 7,231
Sec. 3333.04. The Ohio board of regents shall: 7,240
(A) Make studies of state policy in the field of higher 7,242
education and formulate a master plan for higher education for 7,243
the state, considering the needs of the people, the needs of the 7,244
state, and the role of individual public and private institutions 7,245
within the state in fulfilling these needs; 7,246
(B)(1) Report annually to the governor and the general 7,248
assembly on the findings from its studies and the master plan for 7,249
higher education for the state; 7,250
(2) Report at least semiannually to the general assembly 7,252
and the governor the enrollment numbers at each state-assisted 7,253
institution of higher education. 7,254
(C) Approve or disapprove the establishment of new 7,256
branches or academic centers of state colleges and universities; 7,257
(D) Approve or disapprove the establishment of state 7,259
technical colleges or any other state institution of higher 7,260
education; 7,261
(E) Recommend the nature of the programs, undergraduate, 7,263
graduate, professional, state-financed research, and public 7,264
services which should be offered by the state colleges, 7,265
universities, and other state-assisted institutions of higher 7,266
education in order to utilize to the best advantage their 7,267
facilities and personnel; 7,268
(F) Recommend to the state colleges, universities, and 7,270
other state-assisted institutions of higher education graduate or 7,271
professional programs, including, but not limited to, doctor of 7,272
philosophy, doctor of education, and juris doctor programs, that 7,273
could be eliminated because they constitute unnecessary 7,274
duplication, as shall be determined using the process developed 7,275
pursuant to this section, or for other good and sufficient cause. 7,276
For purposes of determining the amounts of any state 7,277
instructional subsidies paid to these colleges, universities, and 7,278
165
institutions, the board may exclude students enrolled in any 7,279
program that the board has recommended for elimination pursuant 7,280
to this division except that the board shall not exclude any such 7,281
student who enrolled in the program prior to the date on which 7,282
the board initially commences to exclude students under this 7,283
division. The board of regents and these colleges, universities, 7,284
and institutions shall jointly develop a process for determining 7,285
which existing graduate or professional programs constitute 7,286
unnecessary duplication. 7,287
(G) Recommend to the state colleges, universities, and 7,289
other state-assisted institutions of higher education programs 7,290
which should be added to their present programs; 7,291
(H) Conduct studies for the state colleges, universities, 7,293
and other state-assisted institutions of higher education to 7,294
assist them in making the best and most efficient use of their 7,295
existing facilities and personnel; 7,296
(I) Make recommendations to the governor and general 7,298
assembly concerning the development of state-financed capital 7,299
plans for higher education; the establishment of new state 7,300
colleges, universities, and other state-assisted institutions of 7,301
higher education; and the establishment of new programs at the 7,302
existing state colleges, universities, and other institutions of 7,303
higher education; 7,304
(J) Review the appropriation requests of the public 7,306
community colleges and the state colleges and universities and 7,307
submit to the office of budget and management and to the 7,308
chairpersons of the finance committees of the house of 7,309
representatives and of the senate its recommendations in regard 7,310
to the biennial higher education appropriation for the state, 7,311
including appropriations for the individual state colleges and 7,312
universities and public community colleges. For the purpose of 7,313
determining the amounts of instructional subsidies to be paid to 7,314
state-assisted colleges and universities, the board shall define 7,315
"full-time equivalent student" by program per academic year. The 7,316
166
definition may take into account the establishment of minimum 7,317
enrollment levels in technical education programs below which 7,318
support allowances will not be paid. Except as otherwise 7,319
provided in this section, the board shall make no change in the 7,320
definition of "full-time equivalent student" in effect on 7,321
November 15, 1981, which would increase or decrease the number of 7,322
subsidy-eligible full-time equivalent students, without first 7,323
submitting a fiscal impact statement to the president of the 7,324
senate, the speaker of the house of representatives, the 7,325
legislative budget office of the legislative service commission, 7,326
and the director of budget and management. The board shall work 7,327
in close cooperation with the director of budget and management 7,328
in this respect and in all other matters concerning the 7,329
expenditures of appropriated funds by state colleges, 7,330
universities, and other institutions of higher education. 7,331
(K) Seek the cooperation and advice of the officers and 7,333
trustees of both public and private colleges, universities, and 7,334
other institutions of higher education in the state in performing 7,335
its duties and making its plans, studies, and recommendations; 7,336
(L) Appoint advisory committees consisting of persons 7,338
associated with public or private secondary schools, members of 7,339
the state board of education, or personnel of the state 7,340
department of education; 7,341
(M) Appoint advisory committees consisting of college and 7,343
university personnel, or other persons knowledgeable in the field 7,344
of higher education, or both, in order to obtain their advice and 7,345
assistance in defining and suggesting solutions for the problems 7,346
and needs of higher education in this state; 7,347
(N) Approve or disapprove all new degrees and new degree 7,349
programs at all state colleges, universities, and other 7,350
state-assisted institutions of higher education; 7,351
(O) Adopt such rules as are necessary to carry out its 7,353
duties and responsibilities; 7,354
(P) Establish and submit to the governor and the general 7,356
167
assembly a clear and measurable set of goals and timetables for 7,357
their achievement for each program under the supervision of the 7,358
board that is designed to accomplish any of the following: 7,359
(1) Increased access to higher education; 7,361
(2) Job training; 7,363
(3) Adult literacy; 7,365
(4) Research; 7,367
(5) Excellence in higher education; 7,369
(6) Reduction in the number of graduate programs within 7,371
the same subject area. 7,372
In July of each odd-numbered year, the board of regents 7,374
shall submit to the governor and the general assembly a report on 7,375
progress made toward these goals. 7,376
(Q) Make recommendations to the governor and the general 7,378
assembly regarding the design and funding of the student 7,379
financial aid programs specified in sections 3333.12, 3333.21 to 7,380
3333.27, and 5910.02 of the Revised Code; 7,381
(R) Participate in education-related state or federal 7,383
programs on behalf of the state and assume responsibility for the 7,384
administration of such programs in accordance with applicable 7,385
state or federal law; 7,386
(S) Adopt rules for student financial aid programs as 7,389
required by sections 3333.12, 3333.21 to 3333.27, 3333.28, 7,390
3333.29, and 5910.02 of the Revised Code, and perform any other 7,391
administrative functions assigned to the board by those sections; 7,393
(T) Administer contracts under sections 3702.74 and 7,396
3702.75 of the Revised Code in accordance with rules adopted by 7,398
the director of health under section 3702.79 of the Revised Code; 7,399
(U) REGULARLY MONITOR THE OCCUPANCY RATES OF STATE 7,401
UNIVERSITIES' DORMITORY SYSTEMS FOR THE PURPOSE OF RECOGNIZING 7,402
CIRCUMSTANCES IN WHICH THE FINANCIAL STABILITY OF THOSE 7,404
INSTITUTIONS IS THREATENED BY THE UNAVOIDABLE COSTS OF DEBT
SERVICE AND PLANT MAINTENANCE. IN CONJUNCTION WITH THE 7,405
DEVELOPMENT OF BIENNIAL APPROPRIATION RECOMMENDATIONS, THE BOARD 7,406
168
SHALL REPORT TO THE GENERAL ASSEMBLY AND THE LEGISLATIVE SERVICE 7,407
COMMISSION ITS RECOMMENDATIONS FOR FINANCIAL ASSISTANCE TO STATE 7,408
UNIVERSITIES WHOSE DORMITORY OCCUPANCY RATES ARE LESS THAN 7,409
SEVENTY-FIVE PER CENT OF DESIGNED CAPACITY AND WHOSE ABILITY TO 7,410
MAINTAIN REQUIRED DEBT PAYMENTS AND REQUIRED PLANT MAINTENANCE 7,411
MAY BE JEOPARDIZED. 7,412
(V) CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED 7,414
INSTITUTIONS OF HIGHER EDUCATION. 7,415
(W) APPOINT CONSORTIUMS OF COLLEGE AND UNIVERSITY 7,417
PERSONNEL TO PARTICIPATE IN THE DEVELOPMENT AND OPERATION OF 7,418
STATEWIDE COLLABORATIVE EFFORTS, INCLUDING THE OHIO SUPERCOMPUTER 7,419
CENTER, THE OHIO ACADEMIC RESOURCES NETWORK, OHIOLINK, AND THE 7,421
OHIO LEARNING NETWORK. FOR EACH CONSORTIUM, THE BOARD SHALL 7,422
DESIGNATE A COLLEGE OR UNIVERSITY TO SERVE AS THAT CONSORTIUM'S 7,423
FISCAL AGENT, FINANCIAL OFFICER, AND EMPLOYER. ANY FUNDS 7,424
APPROPRIATED TO THE BOARD FOR CONSORTIUMS SHALL BE DISTRIBUTED TO 7,425
THE FISCAL AGENTS FOR THE OPERATION OF THE CONSORTIUMS. A 7,426
CONSORTIUM SHALL FOLLOW THE RULES OF THE COLLEGE OR UNIVERSITY 7,427
THAT SERVES AS ITS FISCAL AGENT. 7,428
Sec. 3333.12. (A) As used in this section: 7,437
(1) "Eligible student" means an undergraduate student who 7,439
is: 7,440
(a) An Ohio resident; 7,442
(b) Enrolled in either of the following: 7,444
(i) An accredited institution of higher education in this 7,446
state that meets the requirements of Title VI of the Civil Rights 7,447
Act of 1964 and is state-assisted, is nonprofit and has a 7,448
certificate of authorization from the Ohio board of regents 7,449
pursuant to Chapter 1713. of the Revised Code, or has a 7,450
certificate of registration from the state board of proprietary 7,451
school registration and program authorization to award an 7,452
associate or bachelor's degree. Students who attend an 7,453
institution that holds a certificate of registration shall be 7,454
enrolled in a program leading to an associate or bachelor's 7,455
169
degree for which associate or bachelor's degree program the 7,456
institution has program authorization issued under section 7,457
3332.05 of the Revised Code. 7,458
(ii) A technical education program of at least two years 7,460
duration sponsored by a private institution of higher education 7,461
in this state that meets the requirements of Title VI of the 7,462
Civil Rights Act of 1964. 7,463
(c) Enrolled as a full-time student or enrolled as a less 7,465
than full-time student for the term expected to be the student's 7,467
final term of enrollment and is enrolled for the number of credit 7,468
hours necessary to complete the requirements of the program in 7,469
which the student is enrolled. 7,470
(2) "Gross income" includes all taxable and nontaxable 7,472
income of the parents, the student, and the student's spouse, 7,473
except income derived from an Ohio academic scholarship and, 7,474
income earned by the student between the last day of the spring 7,475
term and the first day of the fall term, as published by the 7,476
institution in which the student is enrolled. In the case of 7,477
self-employed persons, business expenses as defined by the Ohio 7,478
board of regents shall be subtracted from taxable and nontaxable 7,480
income. Where no gross income or inadequate gross income as 7,481
determined by the board is reported, the board shall establish a 7,482
formula for determining the means by which the family maintained 7,483
itself and translate the data into gross income for Ohio 7,484
instructional grant purposes. Family income may be verified by 7,485
supplying to the board a copy of the federal government tax 7,486
return, by authorizing access to the family federal government 7,487
income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE 7,488
BOARD. GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE 7,489
INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL 7,490
FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means 7,492
satisfactory to the board.
(3) "Resident," "full-time student," "dependent," 7,494
"financially independent," and "accredited" shall be defined by 7,495
170
rules adopted by the board. 7,496
(4) "Federal law" means the "Higher Education Amendments 7,498
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended. 7,499
(5) "Default rate" means the cohort default rate 7,501
determined by the United States secretary of education pursuant 7,502
to federal law. 7,503
(6) "School year" means the twelve months that begin on 7,505
the first day of August of a calendar year and end on the 7,506
thirty-first day of July of the following calendar year. 7,507
(B) The Ohio board of regents shall establish and 7,509
administer an instructional grant program and may adopt rules to 7,510
carry out this section. The general assembly shall support the 7,511
instructional grant program by such sums and in such manner as it 7,512
may provide, but the board may also receive funds from other 7,513
sources to support the program. If the amounts available for 7,514
support of the program are inadequate to provide grants to all 7,515
eligible students, preference in the payment of grants shall be 7,516
given in terms of income, beginning with the lowest income 7,517
category of gross income and proceeding upward by category to the 7,518
highest gross income category. 7,519
An instructional grant shall be paid to an eligible student 7,521
through the institution in which the student is enrolled, except 7,523
that no instructional grant shall be paid to any person serving a 7,524
term of imprisonment. Applications for such grants shall be made 7,526
as prescribed by the board, and such applications may be made in 7,527
conjunction with and upon the basis of information provided in 7,528
conjunction with student assistance programs funded by agencies 7,529
of the United States government or from financial resources of 7,530
the institution of higher education. The institution shall 7,531
certify that the student applicant meets the requirements set 7,532
forth in divisions (A)(1)(b) and (c) of this section. 7,533
Instructional grants shall be provided to an eligible student 7,534
only as long as the student is making appropriate progress toward 7,535
a nursing diploma or an associate or bachelor's degree. The 7,536
171
grant shall cover any two semesters, three quarters, or the 7,537
equivalent of one academic year. No student shall be eligible to 7,538
receive a grant for more than ten semesters, fifteen quarters, or 7,539
the equivalent of five academic years. A grant made to an 7,540
eligible student on the basis of less than full-time enrollment 7,541
shall be based on the number of credit hours for which the 7,542
student is enrolled and shall be computed in accordance with a 7,543
formula adopted by the board. No student shall receive more than 7,544
one grant on the basis of less than full-time enrollment. 7,545
An instructional grant shall not exceed the total 7,547
instructional and general charges of the institution. 7,548
(C) For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM 7,551
GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A 7,552
COMPARABLE PORTION OF ONE ACADEMIC YEAR. GRANT AMOUNTS FOR 7,553
ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED 7,554
UNDER DIVISION (D) OF THIS SECTION. 7,555
FOR a full-time student who is a dependent and enrolled in 7,559
a nonprofit educational institution that is not a state-assisted 7,560
institution and that has a certificate of authorization issued 7,561
pursuant to Chapter 1713. of the Revised Code, the amount of the 7,562
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 7,563
COMPARABLE PORTION OF the academic year shall be determined in 7,565
accordance with the following table:
Table of Grants 7,567
Maximum Grant $4,428 4,872 7,569
Gross Income Number of Dependents 7,570
1 2 3 4 5 or 7,577
more
Under $11,001 $4,428 $4,428 $4,428 $4,428 $4,428 7,581
$11,001 - $12,000 3,984 4,428 4,428 4,428 4,428 7,586
$12,001 - $13,000 3,534 3,984 4,428 4,428 4,428 7,591
$13,001 - $14,000 3,096 3,534 3,984 4,428 4,428 7,596
$14,001 - $15,000 2,658 3,096 3,534 3,984 4,428 7,601
$15,001 - $16,000 2,220 2,658 3,096 3,534 3,984 7,606
172
$16,001 - $17,000 1,770 2,220 2,658 3,096 3,534 7,612
$17,001 - $20,000 1,320 1,770 2,220 2,658 3,096 7,618
$20,001 - $23,000 1,092 1,320 1,770 2,220 2,658 7,624
$23,001 - $26,000 882 1,092 1,320 1,770 2,220 7,629
$26,001 - $29,000 804 882 1,092 1,320 1,770 7,634
$29,001 - $31,000 720 804 882 1,092 1,320 7,639
Over $31,000 -0- -0- -0- -0- -0- 7,640
UNDER $13,001 $4,872 $4,872 $4,872 $4,872 $4,872 7,648
$13,001 - $14,000 4,386 4,872 4,872 4,872 4,872 7,654
$14,001 - $15,000 3,888 4,386 4,872 4,872 4,872 7,660
$15,001 - $16,000 3,408 3,888 4,386 4,872 4,872 7,666
$16,001 - $17,000 2,928 3,408 3,888 4,386 4,872 7,672
$17,001 - $20,000 2,442 2,928 3,408 3,888 4,386 7,678
$20,001 - $23,000 1,944 2,442 2,928 3,408 3,888 7,684
$23,001 - $26,000 1,452 1,944 2,442 2,928 3,408 7,690
$26,001 - $29,000 1,200 1,452 1,944 2,442 2,928 7,696
$29,001 - $30,000 966 1,200 1,452 1,944 2,442 7,702
$30,001 - $31,000 882 966 1,200 1,452 1,944 7,708
$31,001 - $32,000 792 882 966 1,200 1,452 7,714
$32,001 - $33,000 396 792 882 966 1,200 7,720
$33,001 - $34,000 -0- 396 792 882 966 7,726
$34,001 - $35,000 -0- -0- 396 792 882 7,732
$35,001 - $36,000 -0- -0- -0- 396 792 7,738
$36,001 - $37,000 -0- -0- -0- -0- 396 7,744
OVER $37,000 -0- -0- -0- -0- -0- 7,750
For a full-time student who is financially independent and 7,753
enrolled in a nonprofit educational institution that is not a 7,754
state-assisted institution and that has a certificate of 7,755
authorization issued pursuant to Chapter 1713. of the Revised 7,756
Code, the amount of the instructional grant for TWO SEMESTERS, 7,758
THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year 7,759
shall be determined in accordance with the following table: 7,760
Table of Grants 7,762
Maximum Grant $4,428 4,872 7,763
173
Gross Income Number of Dependents 7,764
0 1 2 3 4 5 or 7,771
more
Under $3,601 $4,428 $4,428 $4,428 $4,428 $4,428 $4,428 7,776
$3,601 - $4,200 3,984 4,428 4,428 4,428 4,428 4,428 7,782
$4,201 - $4,700 3,534 3,984 4,428 4,428 4,428 4,428 7,788
$4,701 - $5,200 3,096 3,534 3,984 4,428 4,428 4,428 7,794
$5,201 - $5,700 2,658 3,096 3,534 3,984 4,428 4,428 7,800
$5,701 - $6,200 $ 2,220 2,658 3,096 3,534 3,984 4,428 7,806
$6,201 - $7,200 1,770 2,220 2,658 3,096 3,534 3,984 7,812
$7,201 - $8,200 1,320 1,770 2,220 2,658 3,096 3,534 7,818
$8,201 - $9,200 1,092 1,320 1,770 2,220 2,658 3,096 7,824
$9,201 - $10,700 882 1,092 1,320 1,770 2,220 2,658 7,830
$10,701 - $12,200 804 882 1,092 1,320 1,770 2,220 7,836
$12,201 - $13,700 720 804 882 1,092 1,320 1,770 7,842
$13,701 - $15,200 -0- 720 804 882 1,092 1,320 7,847
$15,201 - $18,200 -0- -0- 720 804 882 1,092 7,852
$18,201 - $21,200 -0- -0- -0- 720 804 882 7,857
$21,201 - $24,200 -0- -0- -0- -0- 720 804 7,861
$24,201 - $28,900 -0- -0- -0- -0- -0- 720 7,865
Over $28,900 -0- -0- -0- -0- -0- -0- 7,867
UNDER $4,201 $4,872 $4,872 $4,872 $4,872 $4,872 $4,872 7,876
$4,201 - $4,800 4,386 4,872 4,872 4,872 4,872 4,872 7,883
$4,801 - $5,300 3,888 4,386 4,872 4,872 4,872 4,872 7,890
$5,301 - $5,800 3,408 3,888 4,386 4,872 4,872 4,872 7,897
$5,801 - $6,300 2,928 3,408 3,888 4,386 4,872 4,872 7,904
$6,301 - $6,800 2,442 2,928 3,408 3,888 4,386 4,872 7,911
$6,801 - $7,800 1,944 2,442 2,928 3,408 3,888 4,386 7,918
$7,801 - $8,800 1,452 1,944 2,442 2,928 3,408 3,888 7,925
$8,801 - $9,800 1,200 1,452 1,944 2,442 2,928 3,408 7,932
$9,801 - $11,300 966 1,200 1,452 1,944 2,442 2,928 7,939
$11,301 - $12,800 882 966 1,200 1,452 1,944 2,442 7,946
$12,801 - $14,300 792 882 966 1,200 1,452 1,944 7,953
$14,301 - $15,800 396 792 882 966 1,200 1,452 7,960
174
$15,801 - $18,800 -0- 396 792 882 966 1,200 7,967
$18,801 - $21,800 -0- -0- 396 792 882 966 7,974
$21,801 - $24,800 -0- -0- -0- 396 792 882 7,981
$24,801 - $29,500 -0- -0- -0- -0- 396 792 7,988
$29,501 - $34,500 -0- -0- -0- -0- -0- 396 7,995
OVER $34,500 -0- -0- -0- -0- -0- -0- 8,002
For a full-time student who is a dependent and enrolled in 8,005
an educational institution that holds a certificate of 8,006
registration from the state board of proprietary school 8,007
registration, the amount of the instructional grant for TWO 8,009
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 8,010
academic year shall be determined in accordance with the
following table: 8,011
Table of Grants 8,013
Maximum Grant $3,750 4,128 8,015
Gross Income Number of Dependents 8,016
1 2 3 4 5 or 8,024
more
Under $11,001 $3,750 $3,750 $3,750 $3,750 $3,750 8,031
$11,001 - $12,000 3,384 3,750 3,750 3,750 3,750 8,036
$12,001 - $13,000 2,988 3,384 3,750 3,750 3,750 8,041
$13,001 - $14,000 2,616 2,988 3,384 3,750 3,750 8,046
$14,001 - $15,000 2,268 2,616 2,988 3,384 3,750 8,051
$15,001 - $16,000 1,860 2,268 2,616 2,988 3,384 8,056
$16,001 - $17,000 1,506 1,860 2,268 2,616 2,988 8,061
$17,001 - $20,000 1,152 1,506 1,860 2,268 2,616 8,066
$20,001 - $23,000 924 1,152 1,506 1,860 2,268 8,071
$23,001 - $26,000 738 924 1,152 1,506 1,860 8,076
$26,001 - $29,000 696 738 924 1,152 1,506 8,081
$29,001 - $31,000 612 696 738 924 1,152 8,086
Over $31,000 -0- -0- -0- -0- -0- 8,087
UNDER $13,001 $4,128 $4,128 $4,128 $4,128 $4,128 8,095
$13,001 - $14,000 3,726 4,128 4,128 4,128 4,128 8,101
$14,001 - $15,000 3,288 3,726 4,128 4,128 4,128 8,107
175
$15,001 - $16,000 2,874 3,288 3,726 4,128 4,128 8,113
$16,001 - $17,000 2,490 2,874 3,288 3,726 4,128 8,119
$17,001 - $20,000 2,046 2,490 2,874 3,288 3,726 8,125
$20,001 - $23,000 1,656 2,046 2,490 2,874 3,288 8,131
$23,001 - $26,000 1,266 1,656 2,046 2,490 2,874 8,137
$26,001 - $29,000 1,014 1,266 1,656 2,046 2,490 8,143
$29,001 - $30,000 810 1,014 1,266 1,656 2,046 8,149
$30,001 - $31,000 762 810 1,014 1,266 1,656 8,155
$31,001 - $32,000 672 762 810 1,014 1,266 8,161
$32,001 - $33,000 336 672 762 810 1,014 8,167
$33,001 - $34,000 -0- 336 672 762 810 8,173
$34,001 - $35,000 -0- -0- 336 672 762 8,179
$35,001 - $36,000 -0- -0- -0- 336 672 8,185
$36,001 - $37,000 -0- -0- -0- -0- 336 8,191
OVER $37,000 -0- -0- -0- -0- -0- 8,197
For a full-time student who is financially independent and 8,200
enrolled in an educational institution that holds a certificate 8,201
of registration from the state board of proprietary school 8,202
registration, the amount of the instructional grant for TWO 8,204
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 8,205
academic year shall be determined in accordance with the
following table: 8,206
Table of Grants 8,208
Maximum Grant $3,750 4,128 8,209
Gross Income Number of Dependents 8,210
0 1 2 3 4 5 or 8,218
more
Under $3,601 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 8,225
$3,601 - $4,200 3,384 3,750 3,750 3,750 3,750 3,750 8,230
$4,201 - $4,700 2,988 3,384 3,750 3,750 3,750 3,750 8,236
$4,701 - $5,200 2,616 2,988 3,384 3,750 3,750 3,750 8,240
$5,201 - $5,700 2,268 2,616 2,988 3,384 3,750 3,750 8,245
$5,701 - $6,200 1,860 2,268 2,616 2,988 3,384 3,750 8,250
$6,201 - $7,200 1,506 1,860 2,268 2,616 2,988 3,384 8,255
176
$7,201 - $8,200 1,152 1,506 1,860 2,268 2,616 2,988 8,261
$8,201 - $9,200 924 1,152 1,506 1,860 2,268 2,616 8,265
$9,201 - $10,700 738 924 1,152 1,506 1,860 2,268 8,270
$10,701 - $12,200 696 738 924 1,152 1,506 1,860 8,275
$12,201 - $13,700 612 696 738 924 1,152 1,506 8,280
$13,701 - $15,200 -0- 612 696 738 924 1,152 8,285
$15,201 - $18,200 -0- -0- 612 696 738 924 8,290
$18,201 - $21,200 -0- -0- -0- 612 696 738 8,295
$21,201 - $24,200 -0- -0- -0- -0- 612 696 8,299
$24,201 - $28,900 -0- -0- -0- -0- -0- 612 8,303
Over $28,900 -0- -0- -0- -0- -0- -0- 8,304
UNDER $4,201 $4,128 $4,128 $4,128 $4,128 $4,128 $4,128 8,313
$4,201 - $4,800 3,726 4,128 4,128 4,128 4,128 4,128 8,320
$4,801 - $5,300 3,288 3,726 4,128 4,128 4,128 4,128 8,327
$5,301 - $5,800 2,874 3,288 3,726 4,128 4,128 4,128 8,334
$5,801 - $6,300 2,490 2,874 3,288 3,726 4,128 4,128 8,341
$6,301 - $6,800 2,046 2,490 2,874 3,288 3,726 4,128 8,348
$6,801 - $7,800 1,656 2,046 2,490 2,874 3,288 3,726 8,355
$7,801 - $8,800 1,266 1,656 2,046 2,490 2,874 3,288 8,362
$8,801 - $9,800 1,014 1,266 1,656 2,046 2,490 2,874 8,369
$9,801 - $11,300 810 1,014 1,266 1,656 2,046 2,490 8,376
$11,301 - $12,800 762 810 1,014 1,266 1,656 2,046 8,383
$12,801 - $14,300 672 762 810 1,014 1,266 1,656 8,390
$14,301 - $15,800 336 672 762 810 1,014 1,266 8,397
$15,801 - $18,800 -0- 336 672 762 810 1,014 8,404
$18,801 - $21,800 -0- -0- 336 672 762 810 8,411
$21,801 - $24,800 -0- -0- -0- 336 672 762 8,418
$24,801 - $29,500 -0- -0- -0- -0- 336 672 8,425
$29,501 - $34,500 -0- -0- -0- -0- -0- 336 8,432
OVER $34,500 -0- -0- -0- -0- -0- -0- 8,439
For a full-time student who is a dependent and enrolled in 8,442
a state-assisted educational institution, the amount of the 8,443
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 8,445
COMPARABLE PORTION OF the academic year shall be determined in 8,446
177
accordance with the following table: 8,447
Table of Grants 8,449
Maximum Grant $1,782 1,956 8,450
Gross Income Number of Dependents 8,451
1 2 3 4 5 or 8,455
more
Under $11,001 $1,782 $1,782 $1,782 $1,782 $1,782 8,459
$11,001 - $12,000 1,602 1,782 1,782 1,782 1,782 8,464
$12,001 - $13,000 1,416 1,602 1,782 1,782 1,782 8,469
$13,001 - $14,000 1,254 1,416 1,602 1,782 1,782 8,474
$14,001 - $15,000 1,074 1,254 1,416 1,602 1,782 8,479
$15,001 - $16,000 882 1,074 1,254 1,416 1,602 8,484
$16,001 - $17,000 708 882 1,074 1,254 1,416 8,489
$17,001 - $20,000 534 708 882 1,074 1,254 8,494
$20,001 - $23,000 432 534 708 882 1,074 8,499
$23,001 - $26,000 348 432 534 708 882 8,504
$26,001 - $29,000 324 348 432 534 708 8,509
$29,001 - $31,000 294 324 348 432 534 8,514
Over $31,000 -0- -0- -0- -0- -0- 8,516
UNDER $13,001 $1,956 $1,956 $1,956 $1,956 $1,956 8,524
$13,001 - $14,000 1,764 1,956 1,956 1,956 1,956 8,530
$14,001 - $15,000 1,554 1,764 1,956 1,956 1,956 8,536
$15,001 - $16,000 1,380 1,554 1,764 1,956 1,956 8,542
$16,001 - $17,000 1,182 1,380 1,554 1,764 1,956 8,548
$17,001 - $20,000 966 1,182 1,380 1,554 1,764 8,554
$20,001 - $23,000 774 966 1,182 1,380 1,554 8,560
$23,001 - $26,000 582 774 966 1,182 1,380 8,566
$26,001 - $29,000 468 582 774 966 1,182 8,572
$29,001 - $30,000 378 468 582 774 966 8,578
$30,001 - $31,000 348 378 468 582 774 8,584
$31,001 - $32,000 318 348 378 468 582 8,590
$32,001 - $33,000 162 318 348 378 468 8,596
$33,001 - $34,000 -0- 162 318 348 378 8,602
$34,001 - $35,000 -0- -0- 162 318 348 8,608
178
$35,001 - $36,000 -0- -0- -0- 162 318 8,614
$36,001 - $37,000 -0- -0- -0- -0- 162 8,620
OVER $37,000 -0- -0- -0- -0- -0- 8,626
For a full-time student who is financially independent and 8,629
enrolled in a state-assisted educational institution, the amount 8,630
of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR 8,632
A COMPARABLE PORTION OF the academic year shall be determined in 8,634
accordance with the following table:
Table of Grants 8,636
Maximum Grant $1,782 1,956 8,637
Gross Income Number of Dependents 8,638
0 1 2 3 4 5 or 8,646
more
Under $3,601 $1,782 $1,782 $1,782 $1,782 $1,782 $1,782 8,654
$3,601 - $4,200 1,602 1,782 1,782 1,782 1,782 1,782 8,660
$4,201 - $4,700 1,416 1,602 1,782 1,782 1,782 1,782 8,666
$4,701 - $5,200 1,254 1,416 1,602 1,782 1,782 1,782 8,672
$5,201 - $5,700 1,074 1,254 1,416 1,602 1,782 1,782 8,678
$5,701 - $6,200 882 1,074 1,254 1,416 1,602 1,782 8,684
$6,201 - $7,200 708 882 1,074 1,254 1,416 1,602 8,690
$7,201 - $8,200 534 708 882 1,074 1,254 1,416 8,696
$8,201 - $9,200 432 534 708 882 1,074 1,254 8,702
$9,201 - $10,700 348 432 534 708 882 1,074 8,708
$10,701 - $12,200 324 348 432 534 708 882 8,714
$12,201 - $13,700 294 324 348 432 534 708 8,720
$13,701 - $15,200 -0- 294 324 348 432 534 8,726
$15,201 - $18,200 -0- -0- 294 324 348 432 8,732
$18,201 - $21,200 -0- -0- -0- 294 324 348 8,738
$21,201 - $24,200 -0- -0- -0- -0- 294 324 8,744
$24,201 - $28,900 -0- -0- -0- -0- -0- 294 8,750
Over $28,900 -0- -0- -0- -0- -0- -0- 8,753
UNDER $4,201 $1,956 $1,956 $1,956 $1,956 $1,956 $1,956 8,762
4,201 - $4,800 1,764 1,956 1,956 1,956 1,956 1,956 8,769
$4,801 - $5,300 1,554 1,764 1,956 1,956 1,956 1,956 8,776
179
$5,301 - $5,800 1,380 1,554 1,764 1,956 1,956 1,956 8,783
$5,801 - $6,300 1,182 1,380 1,554 1,764 1,956 1,956 8,790
$6,301 - $6,800 966 1,182 1,380 1,554 1,764 1,956 8,797
$6,801 - $7,800 774 966 1,182 1,380 1,554 1,764 8,804
$7,801 - $8,800 582 774 966 1,182 1,380 1,554 8,811
$8,801 - $9,800 468 582 774 966 1,182 1,380 8,818
$9,801 - $11,300 378 468 582 774 966 1,182 8,825
$11,301 - $12,800 348 378 468 582 774 966 8,832
$12,801 - $14,300 318 348 378 468 582 774 8,839
$14,301 - $15,800 162 318 348 378 468 582 8,846
$15,801 - $18,800 -0- 162 318 348 378 468 8,853
$18,801 - $21,800 -0- -0- 162 318 348 378 8,860
$21,801 - $24,800 -0- -0- -0- 162 318 348 8,867
$24,801 - $29,500 -0- -0- -0- -0- 162 318 8,874
$29,501 - $34,500 -0- -0- -0- -0- -0- 162 8,881
OVER $34,500 -0- -0- -0- -0- -0- -0- 8,888
(D) FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE 8,891
INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION 8,892
OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION 8,893
(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A 8,895
PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF 8,896
THAT DIVISION. THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE 8,897
ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 8,898
THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE 8,899
MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 8,900
(E) No grant shall be made to any student in a course of 8,902
study in theology, religion, or other field of preparation for a 8,903
religious profession unless such course of study leads to an 8,904
accredited bachelor of arts, bachelor of science, or associate of 8,905
arts degree. 8,906
(E)(F)(1) Except as provided in division (E)(F)(2) of this 8,909
section, no grant shall be made to any student for enrollment 8,910
during a school FISCAL year in an institution with a COHORT 8,912
default rate DETERMINED BY THE UNITED STATES SECRETARY OF 8,914
180
EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986," 8,917
100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the 8,920
fifteenth day of June preceding such school THE FISCAL year,
equal to or greater than thirty per cent for each of the 8,921
preceding two FISCAL years. 8,922
(2) Division (E)(F)(1) of this section does not apply to 8,924
the following: 8,925
(a) Any student enrolled in an institution that under THE 8,927
federal law appeals its loss of eligibility for federal financial 8,928
aid and the United States secretary of education determines its 8,929
COHORT default rate after recalculation is lower than the rate 8,930
specified in division (E)(F)(1) of this section or the secretary 8,932
determines due to mitigating circumstances the institution may 8,933
continue to participate in federal financial aid programs. The 8,934
board shall adopt rules requiring institutions to provide 8,935
information regarding an appeal to the board. 8,936
(b) Any student who has previously received a grant under 8,938
this section who meets all other requirements of this section. 8,939
(3) The board shall adopt rules for the notification of 8,942
all institutions whose students will be ineligible to participate 8,943
in the grant program pursuant to division (E)(F)(1) of this 8,944
section.
(4) A student's attendance at an institution whose 8,946
students lose eligibility for grants under division (E)(F)(1) of 8,948
this section shall not affect that student's eligibility to
receive a grant when enrolled in another institution. 8,949
(F)(G) Institutions of higher education that enroll 8,951
students receiving instructional grants under this section shall 8,952
report to the board all students who have received instructional 8,953
grants but are no longer eligible for all or part of such grants 8,954
and shall refund any moneys due the state within thirty days 8,955
after the beginning of the quarter or term immediately following 8,956
the quarter or term in which the student was no longer eligible 8,957
to receive all or part of the student's grant. There shall be an 8,959
181
interest charge of one per cent per month on all moneys due and 8,960
payable after such thirty-day period. The board shall 8,961
immediately notify the office of budget and management and the 8,962
legislative budget office of the legislative service commission 8,963
of all refunds so received. 8,964
Sec. 3333.27. As used in this section: 8,973
(A) "Eligible institution" means a nonprofit Ohio 8,975
institution of higher education that holds a certificate of 8,976
authorization issued under section 1713.02 of the Revised Code 8,977
and meets the requirements of Title VI of the Civil Rights Act of 8,978
1964. 8,979
(B) "Resident" and "full-time student" have the meanings 8,981
established for purposes of this section by rule of the Ohio 8,982
board of regents. 8,983
The board shall establish and administer a student choice 8,986
grant program and shall adopt rules for the administration of the 8,987
program.
The board may make a grant to any resident of this state 8,990
who is enrolled as a full-time student in a bachelor's degree 8,991
program at an eligible institution and maintains an academic 8,992
record that meets or exceeds the standard established pursuant to 8,993
this section by rule of the board, except that no grant shall be 8,994
made to any individual who was enrolled as a student in an 8,995
institution of higher education on or before July 1, 1984, or is 8,996
serving a term of imprisonment. The grant shall not exceed the 8,997
lesser of the total instructional and general charges of the 8,998
institution in which the student is enrolled, or an amount equal 8,999
to one-fourth of the total of any state instructional subsidy 9,000
amount distributed by the board in the second fiscal year of the 9,001
preceding biennium for all full-time students enrolled in 9,002
bachelor's degree programs at four-year state-assisted 9,003
institutions of higher education divided by the sum of the actual 9,004
number of full-time students enrolled in bachelor's degree 9,005
programs at four-year state-assisted institutions of higher 9,006
182
education reported to the board for such year by the institutions 9,007
to which the subsidy was distributed. 9,008
The board shall prescribe the form and manner of 9,010
application for grants including the manner of certification by 9,011
eligible institutions that each applicant from such institution 9,012
is enrolled in a bachelor's degree program as a full-time student 9,013
and has an academic record that meets or exceeds the standard 9,014
established by the board. 9,015
A grant awarded to an eligible student shall be paid to the 9,017
institution in which the student is enrolled, and the institution 9,018
shall reduce the student's instructional and general charges by 9,019
the amount of the grant. Each grant awarded shall be prorated 9,020
and paid in equal installments at the time of enrollment for each 9,021
term of the academic year for which the grant is awarded. No 9,022
student shall be eligible to receive a grant for more than ten 9,023
semesters, fifteen quarters, or the equivalent of five academic 9,024
years. 9,025
The receipt of an Ohio student choice grant shall not 9,027
affect a student's eligibility for assistance, or the amount of 9,028
such assistance, granted under section 3315.33, 3333.12, 3333.22, 9,029
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a 9,030
student receives assistance under one or more of such sections, 9,031
the student choice grant made to the student shall not exceed the 9,033
difference between the amount of assistance received under such 9,034
sections and the total instructional and general charges of the 9,035
institution in which the student is enrolled. 9,036
The general assembly shall support the student choice grant 9,038
program by such sums and in such manner as it may provide, but 9,039
the board may also receive funds from other sources to support 9,041
the program.
No grant shall be made to any student enrolled in a course 9,043
of study leading to a degree in theology, religion, or other 9,044
field of preparation for a religious profession UNLESS THE COURSE 9,045
OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF 9,046
183
SCIENCE DEGREE.
Institutions of higher education that enroll students 9,048
receiving grants under this section shall report to the board the 9,050
name of each student who has received such a grant but who is no 9,051
longer eligible for all or part of such grant and shall refund 9,052
all moneys due to the state within thirty days after the 9,053
beginning of the term immediately following the term in which the 9,054
student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per 9,055
month on all moneys due and payable after such thirty-day period. 9,056
The board shall immediately notify the office of budget and 9,058
management and the legislative budget office of the legislative
service commission of all refunds received. 9,059
Sec. 3345.22. (A) A student, faculty or staff member, or 9,068
employee of a college or university which THAT receives any state 9,070
funds in support thereof, arrested for any offense covered by 9,071
division (D) of section 3345.23 of the Revised Code shall be 9,072
afforded a hearing, as provided in this section, to determine 9,073
whether he THE PERSON shall be immediately suspended from such 9,075
THE college or university. Such THE hearing shall be held within 9,076
not more than five days after his THE PERSON'S arrest, subject to 9,078
reasonable continuances for good cause shown, which continuances 9,081
shall not exceed a total of ten days. 9,082
(B) The arresting authority shall immediately notify the 9,084
president of the college or university of the arrest of a 9,085
student, faculty or staff member, or employee of such THE college 9,087
or university for any offense covered by division (D) of section 9,088
3345.23 of the Revised Code, and the president shall immediately 9,089
notify the chancellor of the Ohio board of regents of such 9,091
arrest. The hearing to determine whether the person shall be
immediately suspended shall be held in the county where the 9,092
college or university is located, before a referee appointed by 9,093
the board of regents PRESIDENT. Such THE referee shall be an 9,095
attorney admitted to the practice of law in Ohio, but he THE 9,096
184
REFEREE shall not be attorney for, or a faculty or staff member 9,097
or employee of, any college or university. Immediate notice of 9,098
the time and place of such THE hearing shall be given or sent to 9,099
such THE person.
(C) The referee may administer oaths, issue subpoenas to 9,101
compel the attendance of witnesses and the production of 9,102
evidence, and enforce such THE subpoenas, as well as preserve the 9,104
order and decorum of the proceedings over which he THE REFEREE 9,105
presides, by means of contempt proceedings in the court of common 9,106
pleas as provided by law. 9,107
(D) The hearing shall be adversary in nature, and shall be 9,109
conducted fairly and impartially, but the formalities of the 9,110
criminal process are not required. A person whose suspension is 9,111
being considered has the right to be represented by counsel, but 9,112
counsel need not be furnished for him THE PERSON. Such THE 9,114
person also has the right to cross-examine witnesses against him 9,115
THE PERSON, to testify, and to present the testimony of witnesses 9,116
and other evidence in his THE PERSON'S behalf. In the absence of 9,117
a waiver of the right against compulsory self-incrimination, the 9,118
testimony of a person whose suspension is being considered, given 9,119
at such THE hearing, shall not subsequently be used in any 9,121
criminal proceeding against him THE PERSON. The referee may 9,122
require the separation of witnesses, and may bar from the 9,125
proceedings any person whose presence is not essential to such 9,126
THE proceedings, except that members of the news media shall not 9,127
be barred from such THE proceedings. 9,128
(E) Upon hearing, if the referee finds by a preponderance 9,130
of the evidence that the person whose suspension is being 9,131
considered committed any offense covered by division (D) of 9,132
section 3345.23 of the Revised Code, he THE REFEREE shall order 9,133
the person suspended, except that when the good order and 9,134
discipline of a college or university will not be prejudiced or 9,135
compromised thereby, the referee may permit the person to return 9,136
to the college or university on terms of strict disciplinary 9,137
185
probation. Subsequent violation of the terms of the probation 9,138
automatically effects a suspension. A person suspended under 9,139
this section may be readmitted pursuant to division (A) of 9,140
section 3345.23 of the Revised Code. A suspension under this 9,141
section is in effect until the person is acquitted or convicted 9,142
of the crime for which he THE PERSON was arrested. If convicted, 9,143
he THE PERSON is dismissed pursuant to section 3345.23 of the 9,144
Revised Code.
(F) Upon acquittal, or upon any final judicial 9,146
determination not resulting in conviction, of the charges for 9,147
which a person is suspended pursuant to this section, such THE 9,148
suspension automatically terminates, and the person suspended 9,149
shall be reinstated and the record of the suspension expunged 9,150
from his THE PERSON'S college or university record. 9,151
(G) An order of a referee pursuant to this section may be 9,153
appealed on questions of law and fact to the court of common 9,154
pleas of the county in which the college or university is 9,155
located, within twenty days after the date of the order. If the 9,156
court to which such AN appeal is taken determines that the good 9,157
order and discipline of a college or university will not be 9,158
prejudiced thereby, it may permit the person suspended to return 9,159
to the college or university on terms of strict disciplinary 9,160
probation. 9,161
(H) A person afforded a hearing pursuant to this section 9,163
who does not appear at the hearing shall be declared suspended by 9,164
the hearing officer. 9,165
Sec. 5747.01. Except as otherwise expressly provided or 9,174
clearly appearing from the context, any term used in this chapter 9,175
has the same meaning as when used in a comparable context in the 9,176
Internal Revenue Code, and all other statutes of the United 9,177
States relating to federal income taxes. 9,178
As used in this chapter: 9,180
(A) "Adjusted gross income" or "Ohio adjusted gross 9,182
income" means adjusted gross income as defined and used in the 9,183
186
Internal Revenue Code, adjusted as provided in divisions (A)(1) 9,185
to (17) of this section:
(1) Add interest or dividends on obligations or securities 9,187
of any state or of any political subdivision or authority of any 9,188
state, other than this state and its subdivisions and 9,189
authorities.
(2) Add interest or dividends on obligations of any 9,191
authority, commission, instrumentality, territory, or possession 9,192
of the United States that are exempt from federal income taxes 9,193
but not from state income taxes. 9,194
(3) Deduct interest or dividends on obligations of the 9,196
United States and its territories and possessions or of any 9,197
authority, commission, or instrumentality of the United States to 9,198
the extent included in federal adjusted gross income but exempt 9,199
from state income taxes under the laws of the United States. 9,200
(4) Deduct disability and survivor's benefits to the 9,202
extent included in federal adjusted gross income. 9,203
(5) Deduct benefits under Title II of the Social Security 9,205
Act and tier 1 railroad retirement benefits to the extent 9,206
included in federal adjusted gross income under section 86 of the 9,207
Internal Revenue Code. 9,208
(6) Add, in the case of a taxpayer who is a beneficiary of 9,210
a trust that makes an accumulation distribution as defined in 9,211
section 665 of the Internal Revenue Code, the portion, if any, of 9,212
such distribution that does not exceed the undistributed net 9,213
income of the trust for the three taxable years preceding the 9,214
taxable year in which the distribution is made. "Undistributed 9,215
net income of a trust" means the taxable income of the trust 9,216
increased by (a)(i) the additions to adjusted gross income 9,217
required under division (A) of this section and (ii) the personal 9,218
exemptions allowed to the trust pursuant to section 642(b) of the 9,219
Internal Revenue Code, and decreased by (b)(i) the deductions to 9,220
adjusted gross income required under division (A) of this 9,221
section, (ii) the amount of federal income taxes attributable to 9,222
187
such income, and (iii) the amount of taxable income that has been 9,223
included in the adjusted gross income of a beneficiary by reason 9,224
of a prior accumulation distribution. Any undistributed net 9,225
income included in the adjusted gross income of a beneficiary 9,226
shall reduce the undistributed net income of the trust commencing 9,227
with the earliest years of the accumulation period. 9,228
(7) Deduct the amount of wages and salaries, if any, not 9,230
otherwise allowable as a deduction but that would have been 9,231
allowable as a deduction in computing federal adjusted gross 9,232
income for the taxable year, had the targeted jobs credit allowed 9,233
and determined under sections 38, 51, and 52 of the Internal 9,234
Revenue Code not been in effect. 9,235
(8) Deduct any interest or interest equivalent on public 9,237
obligations and purchase obligations to the extent included in 9,238
federal adjusted gross income. 9,239
(9) Add any loss or deduct any gain resulting from the 9,241
sale, exchange, or other disposition of public obligations to the 9,242
extent included in federal adjusted gross income. 9,243
(10) Regarding tuition credits purchased under Chapter 9,245
3334. of the Revised Code: 9,246
(a) Deduct the following: 9,248
(i) For credits that as of the end of the taxable year 9,251
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 9,253
amount of income related to the credits, to the extent included 9,254
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 9,257
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 9,258
the total purchase price of the tuition credits refunded over the 9,259
amount of refund, to the extent the amount of the excess was not 9,260
deducted in determining federal adjusted gross income; 9,261
(b) Add the following: 9,263
(i) For credits that as of the end of the taxable year 9,266
188
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 9,267
amount of loss related to the credits, to the extent the amount 9,268
of the loss was deducted in determining federal adjusted gross 9,269
income;
(ii) For credits that during the taxable year have been 9,272
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 9,274
the amount of refund over the purchase price of each tuition 9,275
credit refunded, to the extent not included in federal adjusted 9,276
gross income.
(11) Deduct, in the case of a self-employed individual as 9,278
defined in section 401(c)(1) of the Internal Revenue Code and to 9,279
the extent not otherwise allowable as a deduction in computing 9,280
federal adjusted gross income for the taxable year, the amount 9,281
paid during the taxable year for insurance that constitutes 9,283
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 9,285
shall be allowed to any taxpayer who is eligible to participate 9,286
in any subsidized health plan maintained by any employer of the 9,287
taxpayer or of the spouse of the taxpayer. No deduction under 9,288
division (A)(11) of this section shall be allowed to the extent 9,289
that the sum of such deduction and any related deduction 9,290
allowable in computing federal adjusted gross income for the 9,291
taxable year exceeds the taxpayer's earned income, within the 9,292
meaning of section 401(c) of the Internal Revenue Code, derived 9,293
by the taxpayer from the trade or business with respect to which 9,294
the plan providing the medical coverage is established. 9,295
(12) Deduct any amount included in federal adjusted gross 9,297
income solely because the amount represents a reimbursement or 9,298
refund of expenses that in a previous year the taxpayer had 9,299
deducted as an itemized deduction pursuant to section 63 of the 9,300
Internal Revenue Code and applicable United States department of 9,302
the treasury regulations.
189
(13) Deduct any portion of the deduction described in 9,304
section 1341(a)(2) of the Internal Revenue Code, for repaying 9,305
previously reported income received under a claim of right, that 9,306
meets both of the following requirements: 9,307
(a) It is allowable for repayment of an item that was 9,309
included in the taxpayer's adjusted gross income for a prior 9,310
taxable year and did not qualify for a credit under division (A) 9,311
or (B) of section 5747.05 of the Revised Code for that year; 9,312
(b) It does not otherwise reduce the taxpayer's adjusted 9,314
gross income for the current or any other taxable year. 9,315
(14) Deduct an amount equal to the deposits made to, and 9,317
net investment earnings of, a medical savings account during the 9,318
taxable year, in accordance with section 3924.66 of the Revised 9,319
Code. The deduction allowed by division (A)(14) of this section 9,320
does not apply to medical savings account deposits and earnings 9,321
otherwise deducted or excluded for the current or any other 9,322
taxable year from the taxpayer's federal adjusted gross income. 9,323
(15)(a) Add an amount equal to the funds withdrawn from a 9,325
medical savings account during the taxable year, and the net 9,326
investment earnings on those funds, when the funds withdrawn were 9,327
used for any purpose other than to reimburse an account holder 9,328
for, or to pay, eligible medical expenses, in accordance with 9,329
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 9,331
account under division (A)(2) of section 3924.68 of the Revised 9,332
Code during the taxable year. 9,333
(16) Add any amount claimed as a credit under section 9,335
5747.059 of the Revised Code to the extent that such amount 9,336
satisfies either of the following:
(a) The amount was deducted or excluded from the 9,338
computation of the taxpayer's federal adjusted gross income as 9,339
required to be reported for the taxpayer's taxable year under the 9,340
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 9,342
190
federal adjusted gross income as required to be reported for any 9,343
of the taxpayer's taxable years under the Internal Revenue Code. 9,344
(17) Deduct the amount contributed by the taxpayer to an 9,346
individual development account program established by a county 9,347
department of human services pursuant to sections 329.11 to 9,348
329.14 of the Revised Code for the purpose of matching funds 9,349
deposited by program participants. On request of the tax 9,350
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 9,351
amount deducted under division (A)(17) of this section. 9,352
(18) BEGINNING IN TAXABLE YEAR 2001, IF THE TAXPAYER IS 9,354
MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL 9,356
ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE 9,357
FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED 9,359
GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND 9,360
DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR 9,361
QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR 9,362
THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE 9,363
TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR 9,365
ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN 9,366
ELIGIBLE INSTITUTION. THE DEDUCTION MAY BE CLAIMED ONLY TO THE 9,367
EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED 9,368
OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED 9,369
GROSS INCOME. THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL 9,370
EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION 9,371
5747.27 OF THE REVISED CODE.
(19) ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE 9,373
YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18) 9,374
OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE 9,375
AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME. 9,376
(B) "Business income" means income arising from 9,378
transactions, activities, and sources in the regular course of a 9,379
trade or business and includes income from tangible and 9,380
191
intangible property if the acquisition, rental, management, and 9,381
disposition of the property constitute integral parts of the 9,382
regular course of a trade or business operation. 9,383
(C) "Nonbusiness income" means all income other than 9,385
business income and may include, but is not limited to, 9,386
compensation, rents and royalties from real or tangible personal 9,387
property, capital gains, interest, dividends and distributions, 9,388
patent or copyright royalties, or lottery winnings, prizes, and 9,389
awards. 9,390
(D) "Compensation" means any form of remuneration paid to 9,392
an employee for personal services. 9,393
(E) "Fiduciary" means a guardian, trustee, executor, 9,395
administrator, receiver, conservator, or any other person acting 9,396
in any fiduciary capacity for any individual, trust, or estate. 9,397
(F) "Fiscal year" means an accounting period of twelve 9,399
months ending on the last day of any month other than December. 9,400
(G) "Individual" means any natural person. 9,402
(H) "Internal Revenue Code" means the "Internal Revenue 9,404
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 9,405
(I) "Resident" means: 9,407
(1) An individual who is domiciled in this state, subject 9,409
to section 5747.24 of the Revised Code; 9,410
(2) The estate of a decedent who at the time of death was 9,413
domiciled in this state. The domicile tests of section 5747.24 9,414
of the Revised Code and any election under section 5747.25 of the 9,415
Revised Code are not controlling for purposes of division (I)(2) 9,416
of this section.
(J) "Nonresident" means an individual or estate that is 9,418
not a resident. An individual who is a resident for only part of 9,419
a taxable year is a nonresident for the remainder of that taxable 9,420
year. 9,421
(K) "Pass-through entity" has the same meaning as in 9,423
section 5733.04 of the Revised Code. 9,424
(L) "Return" means the notifications and reports required 9,426
192
to be filed pursuant to this chapter for the purpose of reporting 9,427
the tax due and includes declarations of estimated tax when so 9,428
required. 9,429
(M) "Taxable year" means the calendar year or the 9,431
taxpayer's fiscal year ending during the calendar year, or 9,432
fractional part thereof, upon which the adjusted gross income is 9,433
calculated pursuant to this chapter. 9,434
(N) "Taxpayer" means any person subject to the tax imposed 9,436
by section 5747.02 of the Revised Code or any pass-through entity 9,437
that makes the election under division (D) of section 5747.08 of 9,438
the Revised Code.
(O) "Dependents" means dependents as defined in the 9,440
Internal Revenue Code and as claimed in the taxpayer's federal 9,441
income tax return for the taxable year or which the taxpayer 9,442
would have been permitted to claim had the taxpayer filed a 9,443
federal income tax return. 9,445
(P) "Principal county of employment" means, in the case of 9,447
a nonresident, the county within the state in which a taxpayer 9,448
performs services for an employer or, if those services are 9,449
performed in more than one county, the county in which the major 9,450
portion of the services are performed. 9,451
(Q) As used in sections 5747.50 to 5747.55 of the Revised 9,453
Code:
(1) "Subdivision" means any county, municipal corporation, 9,455
park district, or township. 9,456
(2) "Essential local government purposes" includes all 9,458
functions that any subdivision is required by general law to 9,459
exercise, including like functions that are exercised under a 9,460
charter adopted pursuant to the Ohio Constitution. 9,461
(R) "Overpayment" means any amount already paid that 9,463
exceeds the figure determined to be the correct amount of the 9,464
tax. 9,465
(S) "Taxable income" applies to estates only and means 9,467
taxable income as defined and used in the Internal Revenue Code 9,468
193
adjusted as follows: 9,469
(1) Add interest or dividends on obligations or securities 9,471
of any state or of any political subdivision or authority of any 9,472
state, other than this state and its subdivisions and 9,473
authorities; 9,474
(2) Add interest or dividends on obligations of any 9,476
authority, commission, instrumentality, territory, or possession 9,477
of the United States that are exempt from federal income taxes 9,478
but not from state income taxes; 9,479
(3) Add the amount of personal exemption allowed to the 9,481
estate pursuant to section 642(b) of the Internal Revenue Code; 9,482
(4) Deduct interest or dividends on obligations of the 9,484
United States and its territories and possessions or of any 9,485
authority, commission, or instrumentality of the United States 9,486
that are exempt from state taxes under the laws of the United 9,487
States; 9,488
(5) Deduct the amount of wages and salaries, if any, not 9,490
otherwise allowable as a deduction but that would have been 9,491
allowable as a deduction in computing federal taxable income for 9,492
the taxable year, had the targeted jobs credit allowed under 9,493
sections 38, 51, and 52 of the Internal Revenue Code not been in 9,494
effect; 9,495
(6) Deduct any interest or interest equivalent on public 9,497
obligations and purchase obligations to the extent included in 9,498
federal taxable income; 9,499
(7) Add any loss or deduct any gain resulting from sale, 9,501
exchange, or other disposition of public obligations to the 9,502
extent included in federal taxable income; 9,503
(8) Except in the case of the final return of an estate, 9,505
add any amount deducted by the taxpayer on both its Ohio estate 9,506
tax return pursuant to section 5731.14 of the Revised Code, and 9,507
on its federal income tax return in determining either federal 9,508
adjusted gross income or federal taxable income; 9,509
(9) Deduct any amount included in federal taxable income 9,511
194
solely because the amount represents a reimbursement or refund of 9,512
expenses that in a previous year the decedent had deducted as an 9,513
itemized deduction pursuant to section 63 of the Internal Revenue 9,514
Code and applicable treasury regulations; 9,515
(10) Deduct any portion of the deduction described in 9,517
section 1341(a)(2) of the Internal Revenue Code, for repaying 9,518
previously reported income received under a claim of right, that 9,519
meets both of the following requirements: 9,520
(a) It is allowable for repayment of an item that was 9,522
included in the taxpayer's taxable income or the decedent's 9,523
adjusted gross income for a prior taxable year and did not 9,524
qualify for a credit under division (A) or (B) of section 5747.05 9,525
of the Revised Code for that year. 9,526
(b) It does not otherwise reduce the taxpayer's taxable 9,528
income or the decedent's adjusted gross income for the current or 9,529
any other taxable year. 9,530
(11) Add any amount claimed as a credit under section 9,532
5747.059 of the Revised Code to the extent that the amount 9,533
satisfies either of the following: 9,534
(a) The amount was deducted or excluded from the 9,536
computation of the taxpayer's federal taxable income as required 9,537
to be reported for the taxpayer's taxable year under the Internal 9,538
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 9,540
federal taxable income as required to be reported for any of the 9,541
taxpayer's taxable years under the Internal Revenue Code. 9,542
(T) "School district income" and "school district income 9,544
tax" have the same meanings as in section 5748.01 of the Revised 9,545
Code. 9,546
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 9,548
(S)(7) of this section, "public obligations," "purchase 9,549
obligations," and "interest or interest equivalent" have the same 9,550
meanings as in section 5709.76 of the Revised Code. 9,551
(V) "Limited liability company" means any limited 9,553
195
liability company formed under Chapter 1705. of the Revised Code 9,554
or under the laws of any other state. 9,555
(W) "Pass-through entity investor" means any person who, 9,557
during any portion of a taxable year of a pass-through entity, is 9,558
a partner, member, shareholder, or investor in that pass-through 9,559
entity.
(X) "Banking day" has the same meaning as in section 9,561
1304.01 of the Revised Code. 9,562
(Y) "Month" means a calendar month. 9,564
(Z) "Quarter" means the first three months, the second 9,566
three months, the third three months, or the last three months of 9,567
the taxpayer's taxable year.
(AA)(1) "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR 9,569
STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 9,570
3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE, 9,571
UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS 9,572
STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE 9,573
OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED
CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD 9,574
OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 9,575
REVISED CODE.
(2) "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES 9,577
IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT 9,578
OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN 9,579
EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY 9,580
EDUCATION. IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED 9,581
TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC
EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION 9,582
DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF 9,583
FIVE THOUSAND DOLLARS. "QUALIFIED TUITION AND FEES" DOES NOT 9,584
INCLUDE:
(a) EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS, 9,586
GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE 9,587
INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM; 9,588
196
(b) THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY 9,590
FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES 9,591
UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION; 9,592
(c) TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED 9,594
THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER 9,595
EDUCATIONAL BENEFIT PROGRAM.
(BB) Any term used in this chapter that is not otherwise 9,597
defined in this section and that is not used in a comparable 9,599
context in the Internal Revenue Code and other statutes of the 9,600
United States relating to federal income taxes has the same 9,601
meaning as in section 5733.40 of the Revised Code. 9,602
Sec. 5910.032. (A) A war orphans scholarship, as provided 9,611
under sections 5910.01 to 5910.06 of the Revised Code, shall be 9,612
granted to the child of any person who, in the course of 9,613
honorable service in the armed services of the United States, was 9,614
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 9,615
States' participation in armed conflict on or after January 1, 9,617
1960, and who IF EITHER OF THE FOLLOWING APPLY: 9,618
(1) THE PARENT, at the time of entry into the armed 9,620
services of the United States, or at the time the person PARENT 9,622
was declared to be a prisoner of war or missing in action, was a 9,623
resident of Ohio;
(2) IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A 9,625
RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A 9,626
PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN 9,627
OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE 9,628
APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST 9,629
TEN YEARS. Such
THE scholarships shall be in addition to the total number 9,631
of scholarships provided under section 5910.05 of the Revised 9,632
Code. Notwithstanding section 5910.03 of the Revised Code, 9,633
scholarships provided under this section shall be made to any 9,634
such child who, at the time of application, has attained the 9,635
197
sixteenth, but not the twenty-first, birthday. The termination 9,637
of a child's parent or guardian's status as a prisoner of war or 9,638
being missing in action does not affect such child's eligibility
for the benefit provided by this section. 9,639
(B) Scholarships provided under this section shall consist 9,641
of either of the following: 9,642
(1) A scholarship of the type described in division (A) of 9,644
section 5910.04 of the Revised Code together with reasonable and 9,645
necessary expenses for room, board, books, and laboratory fees. 9,646
The additional amount for such expenses shall be paid from moneys 9,647
appropriated by the general assembly for such purpose. 9,648
(2) A scholarship of the type described in division (B) of 9,650
section 5910.04 of the Revised Code together with an additional 9,651
grant equal to the average value of the reasonable and necessary 9,652
expenses granted under division (B)(1) of this section during the 9,653
preceding year for room, board, books, and laboratory fees. The 9,654
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 9,656
through the institution in which the child is enrolled. In no 9,657
case shall the additional grant exceed the amount actually 9,659
expended by the child for room, board, books, and laboratory 9,660
fees.
Sec. 5919.34. (A) As used in this section: 9,669
(1) "ACADEMIC TERM" MEANS ANY ONE OF THE FOLLOWING: 9,671
(a) FALL TERM, WHICH CONSISTS OF FALL SEMESTER OR FALL 9,673
QUARTER, AS APPROPRIATE; 9,674
(b) WINTER TERM, WHICH CONSISTS OF WINTER SEMESTER, WINTER 9,676
QUARTER, OR SPRING SEMESTER, AS APPROPRIATE; 9,677
(c) SPRING TERM, WHICH CONSISTS OF SPRING QUARTER; 9,679
(d) SUMMER TERM, WHICH CONSISTS OF SUMMER SEMESTER OR 9,681
SUMMER QUARTER, AS APPROPRIATE. 9,682
(2) "Eligible applicant" means any individual to whom all 9,684
of the following apply: 9,685
(a) The individual does not possess a baccalaureate 9,687
198
degree;.
(b) The individual has enlisted, re-enlisted, or extended 9,690
current enlistment in the Ohio national guard;. 9,691
(c) The individual is actively enrolled as a full-time or 9,694
part-time student for at least six credit hours of course work in 9,695
a semester or quarter in a two-year or four-year degree-granting 9,696
program at an institution of higher education or in a 9,697
diploma-granting program at an institution of higher education 9,699
that is a school of nursing;. 9,700
(d) The individual has not accumulated ninety-six 9,702
eligibility units under division (E) of this section. 9,703
(2)(3) "Institution of higher education" means an Ohio 9,706
institution of higher education that is state-assisted, that is 9,707
nonprofit and has received a certificate of authorization from 9,708
the Ohio board of regents pursuant to Chapter 1713. of the 9,710
Revised Code, or that holds a certificate of registration and 9,713
program authorization issued by the state board of proprietary 9,714
school registration pursuant to section 3332.05 of the Revised 9,715
Code. 9,716
(3)(4) "State university" has the same meaning as in 9,718
section 3345.011 of the Revised Code. 9,720
(B) There is hereby created an instructional grant program 9,723
to be known as the Ohio national guard tuition grant program. 9,725
The FOR THE FISCAL YEAR 2000, THE number of participants in the 9,726
program FOR THE FALL TERM IS LIMITED TO TWO THOUSAND FIVE 9,729
HUNDRED; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE WINTER 9,730
TERM IS LIMITED TO TWO THOUSAND FIVE HUNDRED; THE NUMBER OF 9,731
PARTICIPANTS IN THE PROGRAM FOR THE SPRING TERM IS LIMITED TO ONE 9,733
THOUSAND SIX HUNDRED SEVENTY-FIVE; AND THE NUMBER OF PARTICIPANTS 9,734
IN THE PROGRAM FOR THE SUMMER TERM IS LIMITED TO SIX HUNDRED. 9,735
FOR THE FISCAL YEAR 2001 AND SUCCEEDING FISCAL YEARS, THE NUMBER 9,736
OF PARTICIPANTS IN THE PROGRAM FOR THE FALL TERM IS LIMITED TO 9,737
THREE THOUSAND FIVE HUNDRED; THE NUMBER OF PARTICIPANTS IN THE 9,738
PROGRAM FOR THE WINTER TERM IS LIMITED TO THREE THOUSAND FIVE 9,739
199
HUNDRED; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SPRING 9,740
TERM IS LIMITED TO TWO THOUSAND THREE HUNDRED FORTY-FIVE; AND THE 9,741
NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM is 9,743
limited to four thousand per academic term EIGHT HUNDRED. NO 9,745
MEMBER OF THE NATIONAL GUARD MAY RECEIVE AN INSTRUCTIONAL GRANT 9,746
UNDER THE OHIO NATIONAL GUARD TUITION GRANT PROGRAM UNLESS THE 9,747
MEMBER APPLIES FOR AND ACCEPTS ALL AVAILABLE GRANTS, 9,748
SCHOLARSHIPS, AND OTHER FINANCIAL AID OTHER THAN BENEFITS 9,749
AVAILABLE UNDER "THE MONTGOMERY G.I. BILL ACT OF 1984," PUB. L. 9,751
NO. 98-525, 98 STAT. 2553 (1984). THE ADJUTANT GENERAL SHALL 9,753
REDUCE ANY INSTRUCTIONAL GRANTS A MEMBER RECEIVES BY THE AMOUNT 9,754
OF OTHER GRANTS, SCHOLARSHIPS, AND FINANCIAL AID, OTHER THAN
BENEFITS RECEIVED UNDER "THE MONTGOMERY G.I. BILL ACT OF 1984," 9,757
PUB. L. NO. 98-525, 98 STAT. 2553 (1984), THE MEMBER RECEIVES. 9,759
(C) If the adjutant general estimates that appropriations 9,761
for all instructional grants applied for under this section and 9,763
likely to be used during a AN ACADEMIC term are inadequate for 9,764
all eligible applicants for that ACADEMIC term to receive grants, 9,766
the adjutant general shall promptly inform all applicants not 9,769
receiving grants for that ACADEMIC term of the next ACADEMIC term 9,770
that appropriations will be adequate for the grants. Any such 9,771
eligible applicant may again apply for grants beginning that 9,773
ACADEMIC term if the applicant is in compliance with all 9,774
requirements established by this section and the adjutant general 9,775
for the program. The adjutant general shall process all 9,777
applications for instructional grants for each ACADEMIC term in 9,778
the order in which they are received. The grants shall be made 9,780
without regard to financial need. At no time shall one person be 9,781
placed in priority over another because of sex, race, or 9,782
religion.
(D) For each ACADEMIC term that an eligible applicant is 9,784
approved for an instructional grant under this section and 9,786
remains a current member in good standing of the Ohio national 9,788
guard, the institution of higher education in which the applicant 9,789
200
is enrolled shall, if the applicant's enlistment obligation 9,791
extends beyond the end of that ACADEMIC term, be paid on the 9,792
applicant's behalf the applicable one of the following amounts: 9,793
(1) If the institution is state-assisted, an amount equal 9,795
to sixty ONE HUNDRED per cent of the institution's tuition 9,798
charges; 9,799
(2) If the institution is a nonprofit private institution, 9,801
an amount equal to sixty ONE HUNDRED per cent of the average 9,802
tuition charges of all state universities; 9,803
(3) If the institution is an institution that holds a 9,805
certificate of registration from the state board of proprietary 9,806
school registration, the lesser of the following: 9,807
(a) An amount equal to sixty ONE HUNDRED per cent of the 9,810
total instructional and general charges of the institution;
(b) An amount equal to sixty ONE HUNDRED per cent of the 9,812
average tuition charges of all state universities. 9,815
(E) A grant recipient under this section shall be entitled 9,818
to receive instructional grants under this section for the number 9,819
of quarters or semesters it takes the recipient to accumulate 9,820
ninety-six eligibility units as determined under divisions (E)(1) 9,822
to (3) of this section.
(1) To determine the maximum number of semesters or 9,825
quarters for which a recipient is entitled to grants under this 9,826
section, the adjutant general shall convert a recipient's credit 9,827
hours of enrollment for each ACADEMIC term into eligibility units 9,828
in accordance with the following table:
Number of The The 9,836
credit following following
hours of number of number of
enrollment eligibility eligibility
in a AN units if units if 9,837
ACADEMIC a a quarter
term equals semester or
9,837
201
12 or more hours 12 units 8 units 9,842
9 but less than 12 9 units 6 units 9,843
6 but less than 9 6 units 4 units 9,844
(2) A grant recipient under this section may continue to 9,847
apply for grants under this section until the recipient has 9,848
accumulated ninety-six eligibility units. 9,849
(3) If a grant recipient withdraws from courses prior to 9,851
the end of a AN ACADEMIC term so that the recipient's enrollment 9,852
for that ACADEMIC term is less than six credit hours, no grant 9,854
shall be paid on behalf of that person for that ACADEMIC term 9,855
except that, if a grant has already been paid on behalf of the 9,857
person for that ACADEMIC term, the adjutant general shall add to 9,858
that person's accumulated eligibility units the number of 9,859
eligibility units for which the grant was paid. 9,860
(F) A grant recipient under this section who fails to 9,863
complete the term of enlistment, re-enlistment, or extension of 9,865
current enlistment the recipient was serving at the time an
instructional grant was paid on behalf of the recipient under 9,867
this section is liable to the state for repayment of a percentage 9,868
of all instructional grants paid on behalf of the recipient under 9,870
this section, plus interest at the rate of ten per cent per annum 9,872
calculated from the dates the grants were paid. This percentage 9,874
shall equal the percentage of the current term of enlistment, 9,876
re-enlistment, or extension of enlistment a recipient has not 9,877
completed as of the date the recipient is discharged from the
Ohio national guard. 9,878
The attorney general may commence a civil action on behalf 9,880
of the adjutant general to recover the amount of the grants and 9,881
the interest provided for in this division and the expenses 9,882
incurred in prosecuting the action, including court costs and 9,884
reasonable attorney's fees. A grant recipient is not liable 9,886
under this division if the recipient's failure to complete the 9,887
term of enlistment being served at the time an instructional 9,890
grant was paid on behalf of the recipient under this section is 9,891
202
due to the recipient's death; discharge from the national guard 9,893
due to disability; or the recipient's enlistment, for a term not 9,895
less than the recipient's remaining term in the national guard, 9,897
in the active COMPONENT OF THE UNITED STATES ARMED FORCES or THE 9,898
ACTIVE reserve forces COMPONENT of the United States armed 9,899
forces.
(G) On or before the first day of each ACADEMIC term, the 9,901
adjutant general shall provide an eligibility roster to each 9,902
institution of higher education at which one or more 9,903
instructional grant recipients have applied for enrollment. The 9,906
institution shall use the roster to certify the actual full-time 9,907
or part-time enrollment of each instructional grant recipient 9,909
listed as enrolled at the institution and return the roster to 9,911
the adjutant general within thirty days after the first day of 9,912
the ACADEMIC term. THE ADJUTANT GENERAL SHALL REPORT TO THE OHIO 9,913
BOARD OF REGENTS THE NUMBER OF STUDENTS IN THE GRANT PROGRAM AT 9,914
EACH INSTITUTION OF HIGHER EDUCATION, AND THE ADJUTANT GENERAL 9,915
AND THE OHIO BOARD OF REGENTS SHALL PROVIDE FOR PAYMENT OF THE 9,916
APPROPRIATE NUMBER AND AMOUNT OF INSTRUCTIONAL GRANTS TO EACH 9,917
INSTITUTION OF HIGHER EDUCATION PURSUANT TO DIVISION (D) OF THIS 9,918
SECTION. Within thirty days after the adjutant general receives 9,919
all the rosters, he THE ADJUTANT GENERAL shall report to the 9,920
director of budget and management, the speaker of the house of 9,922
representatives, and the president of the senate the number of 9,923
students in the tuition grant program and a projection of the 9,924
cost of the program for the remainder of the biennium. 9,925
Section 2. That existing sections 125.05, 3301.80, 9,927
3301.801, 3302.07, 3313.603, 3313.608, 3314.02, 3314.03, 3314.06, 9,929
3314.08, 3314.09, 3314.11, 3316.05, 3316.06, 3317.02, 3317.022, 9,930
3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0216,
3317.03, 3317.033, 3317.05, 3317.051, 3317.06, 3317.162, 3317.51, 9,931
3318.01, 3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 9,932
3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 9,933
3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 9,934
203
3332.05, 3332.07, 3333.04, 3333.12, 3333.27, 3345.22, 5747.01, 9,935
5910.032, and 5919.34 and sections 3313.21, 3317.0214, 3317.053, 9,936
3317.16, 3318.23, 3318.24, and 3318.27 of the Revised Code are 9,937
hereby repealed.
Section 3. Except as otherwise provided, all appropriation 9,939
line items (ALI) in this act are hereby appropriated out of any 9,940
moneys in the state treasury to the credit of the designated 9,941
fund, which are not otherwise appropriated. For all 9,942
appropriations made in this act, those amounts in the first 9,943
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 9,944
FND ALI ALI TITLE FY 2000 FY 2001 9,945
Section 4. EDU DEPARTMENT OF EDUCATION 9,948
General Revenue Fund 9,950
GRF 200-100 Personal Services $ 11,940,600 $ 12,265,000 9,955
GRF 200-320 Maintenance and 9,957
Equipment $ 9,293,979 $ 4,943,979 9,959
GRF 200-406 Head Start $ 97,992,016 $ 101,843,825 9,963
GRF 200-408 Public Preschool $ 18,316,606 $ 18,756,205 9,967
GRF 200-410 Professional 9,969
Development $ 26,593,834 $ 27,418,834 9,971
GRF 200-411 Family and Children 9,973
First $ 10,642,188 $ 10,642,188 9,975
GRF 200-416 Vocational Education 9,977
Match $ 2,325,916 $ 2,381,738 9,979
GRF 200-420 Technical Systems 9,981
Development $ 3,450,000 $ 2,350,000 9,983
GRF 200-422 School Management 9,985
Assistance $ 1,387,186 $ 1,440,836 9,987
GRF 200-424 Policy Analysis $ 505,354 $ 637,655 9,991
GRF 200-426 Ohio Educational 9,993
Computer Network $ 25,089,772 $ 37,004,086 9,995
GRF 200-431 School Improvement 9,997
Models $ 25,100,000 $ 24,975,000 9,999
204
GRF 200-432 School Conflict 10,001
Management $ 411,645 $ 421,524 10,003
GRF 200-437 Student Proficiency $ 16,097,983 $ 15,692,045 10,007
GRF 200-441 American Sign 10,009
Language $ 231,449 $ 237,003 10,011
GRF 200-442 Child Care Licensing $ 1,477,003 $ 1,518,359 10,015
GRF 200-445 OhioReads 10,017
Admin/Volunteer
Support $ 5,000,000 $ 5,000,000 10,019
GRF 200-446 Education Management 10,021
Information System $ 13,799,674 $ 12,649,674 10,023
GRF 200-447 GED Testing/Adult 10,025
High School $ 2,033,187 $ 2,081,983 10,027
GRF 200-455 Community Schools $ 3,500,000 $ 3,500,000 10,031
GRF 200-500 School Finance Equity $ 47,042,224 $ 33,378,557 10,035
GRF 200-501 Base Cost Funding $3,449,393,212 $3,733,621,495 10,039
GRF 200-502 Pupil Transportation $ 265,646,768 $ 291,182,101 10,043
GRF 200-503 Bus Purchase 10,045
Allowance $ 38,132,291 $ 39,047,466 10,047
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 10,051
GRF 200-509 Adult Literacy 10,053
Education $ 9,361,964 $ 9,586,651 10,055
GRF 200-511 Auxiliary Services $ 110,255,190 $ 118,083,309 10,059
GRF 200-513 Summer Intervention $ 15,000,000 $ 15,000,000 10,063
GRF 200-514 Post-Secondary/Adult 10,065
Vocational Education $ 21,171,866 $ 21,679,991 10,067
GRF 200-520 Disadvantaged Pupil 10,069
Impact Aid $ 391,208,953 $ 391,208,954 10,071
GRF 200-521 Gifted Pupil Program $ 40,923,510 $ 42,081,624 10,075
GRF 200-524 Educational 10,077
Excellence and
Competency $ 10,000,000 $ 10,000,000 10,079
GRF 200-532 Nonpublic 10,081
Administrative Cost
205
Reimbursement $ 48,062,292 $ 51,474,714 10,083
GRF 200-533 School-Age Child Care $ 1,070,720 $ 1,096,417 10,087
GRF 200-534 Desegregation Costs $ 12,000,000 $ 11,700,000 10,091
GRF 200-540 Special Education 10,093
Enhancements $ 126,826,848 $ 137,220,164 10,095
GRF 200-545 Vocational Education 10,097
Enhancements $ 30,393,259 $ 32,662,107 10,099
GRF 200-546 Charge-Off Supplement $ 10,000,000 $ 20,000,000 10,103
GRF 200-547 Power Equalization $ 21,900,000 $ 34,700,000 10,107
GRF 200-551 Reading Improvement $ 1,704,454 $ 1,745,361 10,111
GRF 200-552 County MR/DD Boards 10,113
Vehicle Purchases $ 1,627,152 $ 1,666,204 10,115
GRF 200-553 County MR/DD Boards 10,117
Transportation
Operating $ 8,006,400 $ 9,895,910 10,119
GRF 200-558 Emergency Loan 10,121
Interest Subsidy $ 6,940,447 $ 5,470,150 10,123
GRF 200-566 OhioReads Grants $ 25,000,000 $ 25,000,000 10,127
GRF 200-570 School Improvement 10,129
Incentive Grants $ 10,000,000 $ 10,000,000 10,131
GRF 200-572 Teacher Incentive 10,133
Grants $ 5,000,000 $ 0 10,135
GRF 200-573 Character Education $ 1,000,000 $ 1,000,000 10,139
GRF 200-574 Substance Abuse 10,141
Prevention $ 2,300,000 $ 2,420,000 10,143
GRF 200-575 12th Grade 10,145
Proficiency Stipend $ 17,500,000 $ 17,500,000 10,147
GRF 200-901 Property Tax 10,149
Allocation -
Education $ 636,200,000 $ 673,960,000 10,151
GRF 200-906 Tangible Tax 10,153
Exemption - Education $ 69,000,000 $ 71,000,000 10,155
TOTAL GRF General Revenue Fund $5,717,305,942 $6,108,591,108 10,158
General Services Fund Group 10,161
206
138 200-606 Computer Services $ 4,255,067 $ 4,374,209 10,166
4D1 200-602 Ohio 10,168
Prevention/Education
Resource Center $ 293,321 $ 301,534 10,170
4L2 200-681 Teacher Certification 10,172
and Licensure $ 3,774,544 $ 3,880,232 10,174
452 200-638 Miscellaneous Revenue $ 295,000 $ 295,000 10,178
5H3 200-687 School District 10,180
Solvency Assistance $ 30,000,000 $ 30,000,000 10,182
596 200-656 Ohio Career 10,184
Information System $ 699,399 $ 718,084 10,186
TOTAL GSF General Services 10,187
Fund Group $ 39,317,331 $ 39,569,059 10,190
Federal Special Revenue Fund Group 10,193
309 200-601 Educationally 10,196
Disadvantaged $ 8,560,567 $ 8,988,595 10,198
366 200-604 Adult Basic Education $ 14,901,137 $ 14,901,137 10,202
3H9 200-605 Head Start 10,204
Collaboration Project $ 250,000 $ 250,000 10,206
367 200-607 School Food Services $ 9,492,000 $ 9,783,000 10,210
3T4 200-613 Public Charter 10,212
Schools $ 3,157,895 $ 4,725,000 10,214
368 200-614 Veterans' Training $ 609,517 $ 626,584 10,218
369 200-616 Vocational Education $ 7,500,000 $ 8,000,000 10,222
3L6 200-617 Federal School Lunch $ 163,500,000 $ 170,500,000 10,226
3L7 200-618 Federal School 10,228
Breakfast $ 40,500,000 $ 44,500,000 10,230
3L8 200-619 Child and Adult Care 10,232
Programs $ 58,600,000 $ 58,600,000 10,234
3L9 200-621 Vocational Education 10,236
Basic Grant $ 55,583,418 $ 57,139,754 10,238
3M0 200-623 ESEA Chapter One $ 375,633,666 $ 394,415,350 10,242
370 200-624 Education of All 10,244
Handicapped Children $ 274,949 $ 0 10,246
207
3T5 200-625 Coordinated School 10,248
Health $ 536,437 $ 536,437 10,250
3N7 200-627 School-to-Work $ 13,864,500 $ 14,252,706 10,254
371 200-631 EEO Title IV $ 488,052 $ 508,917 10,258
374 200-647 E.S.E.A. Consolidated 10,260
Grants $ 107,096 $ 110,094 10,262
376 200-653 J.T.P.A. $ 5,123,365 $ 5,266,819 10,266
3R3 200-654 Goals 2000 $ 19,453,001 $ 20,425,651 10,270
378 200-660 Math/Science 10,272
Technology
Investments $ 11,686,926 $ 12,271,272 10,274
3C5 200-661 Federal Dependent 10,276
Care Programs $ 17,996,709 $ 17,996,709 10,278
3D1 200-664 Drug Free Schools $ 20,026,500 $ 20,587,242 10,282
3D2 200-667 Honors Scholarship 10,284
Program $ 1,976,400 $ 2,371,680 10,286
3E2 200-668 AIDS Education 10,288
Project $ 620,774 $ 620,774 10,290
3S7 200-673 Child Care School Age $ 5,135,000 $ 5,278,000 10,294
3M1 200-678 ESEA Chapter Two $ 61,901,429 $ 16,591,501 10,298
3M2 200-680 Ind W/Disab Education 10,300
Act $ 143,000,000 $ 162,000,000 10,302
3P9 200-686 SRRC/FRC Evaluation 10,304
Project $ 51,350 $ 52,788 10,306
TOTAL FED Federal Special 10,307
Revenue Fund Group $1,040,530,688 $1,051,300,010 10,310
State Special Revenue Fund Group 10,313
4M4 200-637 Emergency Service 10,316
Telecommunication
Training $ 762,548 $ 783,899 10,318
4R7 200-695 Indirect Cost 10,320
Recovery $ 2,868,561 $ 2,948,881 10,322
4V7 200-633 Interagency 10,324
Vocational Support $ 645,359 $ 663,429 10,326
208
454 200-610 Guidance and Testing $ 503,912 $ 516,484 10,330
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 10,334
598 200-659 Auxiliary Services 10,336
Mobile Units $ 1,292,714 $ 1,328,910 10,338
620 200-615 Educational Grants $ 1,500,000 $ 1,500,000 10,342
TOTAL SSR State Special Revenue 10,343
Fund Group $ 15,573,094 $ 15,741,603 10,346
Lottery Profits Education Fund Group 10,349
017 200-612 Base Cost Funding $ 656,247,000 $ 660,467,000 10,354
017 200-682 Lease Rental Payment 10,356
Reimbursement $ 29,753,000 $ 29,733,000 10,358
TOTAL LPE Lottery Profits 10,359
Education Fund Group $ 686,000,000 $ 690,200,000 10,362
TOTAL ALL BUDGET FUND GROUPS $7,498,727,055 $7,905,401,780 10,365
Section 4.01. Personal Services 10,368
Of the foregoing appropriation item 200-100, Personal 10,370
Services, $120,000 in each fiscal year shall be used to support 10,371
the salary and fringe benefits of a teacher in residence and 10,372
support staff at the Governor's Office.
Maintenance and Equipment 10,374
Of the foregoing appropriation item 200-320, Maintenance 10,376
and Equipment, up to $25,000 may be expended in each year of the 10,377
biennium for State Board of Education out-of-state travel. 10,378
Of the foregoing appropriation item 200-320, Maintenance 10,380
and Equipment, $4,000,000 in fiscal year 2000 shall be reserved 10,381
to fund expenses associated with the Department of Education's 10,382
move from the Ohio Departments Building. The unencumbered 10,383
balance of the appropriation at the end of fiscal year 2000 is 10,384
hereby transferred to fiscal year 2001 to pay the cost of the
move of the Department of Education from the Ohio Departments 10,385
Building.
Of the foregoing appropriation item 200-320, Maintenance 10,387
and Equipment, $30,000 in each fiscal year shall be used to fund 10,388
the travel expenses and administrative overhead of the Teacher in 10,389
209
Residence and support staff at the Governor's Office. 10,390
Section 4.02. Head Start 10,392
The foregoing appropriation item 200-406, Head Start, shall 10,394
be distributed by the Department of Education to Head Start 10,395
agencies. A "Head Start agency" means an entity that has been 10,396
approved to be an agency in accordance with Section 641 [42 10,398
U.S.C. 9836< of the Head Start Act and amendments thereto, or an 10,399
entity designated for state Head Start funding under this 10,401
section. Participation in state funded Head Start programs is
voluntary.
Moneys distributed under this heading shall not be used to 10,403
reduce expenditures from funds received by a Head Start agency 10,404
from any other sources. Section 3301.31 of the Revised Code does 10,405
not apply to funds distributed under this heading. In lieu of 10,406
section 3301.31 of the Revised Code, distribution of moneys under 10,407
this heading shall be as follows:
(A) In fiscal years 2000 and 2001, up to two per cent of 10,409
the total appropriation may be used by the Department for 10,410
administrative costs of complying with this section; developing 10,411
program capacity; and assisting programs with facilities 10,413
planning, construction, renovation, or lease agreements in
combination with the Community Development Finance Fund (CDFF). 10,414
Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal 10,415
year 2001 may be used for training in early literacy for Head 10,416
Start classroom teachers and administrators to support the 10,417
OhioReads Initiative.
(B) The department shall provide an annual report to the 10,419
Governor, the Speaker of the House of Representatives, the 10,420
President of the Senate, the State Board of Education, Head Start 10,421
grantees, and other interested parties. The report shall include 10,422
the following:
(1) The number and per cent of eligible children by county 10,424
and by grantee;
(2) The amount of state funds requested for continuation 10,426
210
per grantee; 10,427
(3) The amount of state funds received for continuation 10,429
per grantee; 10,430
(4) A summary of program performance on the state critical 10,432
performance indicators; 10,433
(5) A summary of developmental progress of children 10,435
participating in the state funded Head Start program; 10,436
(6) Any other data reflecting the performance of Head 10,438
Start that the department considers pertinent. 10,439
(C) For purposes of this section, "eligible child" means a 10,441
child who is at least three years of age and not of compulsory 10,442
school age whose family earns no more than 100 per cent of the 10,443
federal poverty level.
The Department of Education, in consultation with the 10,445
Department of Human Services, interested parties, and Head Start 10,446
agencies shall formulate a method for determining an estimate of 10,447
the number of eligible children and the per cent served by 10,448
grantee(s) in each county.
(D) After setting aside amounts to make any payments due 10,450
from the prior fiscal year, in fiscal years 2000 and 2001, funds 10,451
shall first be distributed to recipients of Head Start funds 10,453
during the preceding fiscal year. Awards under this division may 10,455
be reduced by the amount received in that year for one-time
start-up costs and may be adjusted for actual months of program 10,456
operation or enrollment as reported during the first full week of 10,457
December, and may be increased by a reasonable percentage for 10,458
inflation to be determined by the Department of Education and in 10,459
accordance with this section. The Department may redistribute 10,460
dollars to programs demonstrating an unmet need based on updated 10,461
assessments of family needs and community resources, with special 10,462
attention to the projected impact of welfare reform. In fiscal
years 2000 and 2001, the department may authorize recipients to 10,463
carry over funds to the subsequent fiscal year. 10,464
The Department may reallocate unobligated or unspent money 10,466
211
to participating Head Start agencies for purposes of program 10,467
expansion, improvement, or special projects to promote excellence 10,468
and innovation.
(E) Costs for developing and administering a Head Start 10,470
program may not exceed fifteen per cent of the total approved 10,471
costs of the program.
All recipients of funds shall maintain such fiscal control 10,473
and accounting procedures as may be necessary to ensure the 10,474
disbursement of, and accounting for, these funds. The control of 10,475
funds provided in this program, and title to property obtained 10,476
therefrom, shall be under the authority of the approved recipient 10,477
for purposes provided in the program. The approved recipient 10,478
shall administer and use such property and funds for the purposes 10,479
specified. 10,480
Each recipient shall furnish the department an annual audit 10,482
that includes the review of state funds received under this 10,483
section.
(F) The department shall prescribe target levels for 10,487
critical performance indicators for the purpose of assessing Head 10,488
Start programs. On-site reviews and follow-up visits shall be
based on grantee progress in meeting the prescribed target 10,489
levels.
The department may audit a Head Start agency's financial 10,491
and program records. Head Start agencies that have financial 10,492
practices not in accordance with standard accounting principles, 10,493
that fail to substantially meet the Head Start performance 10,494
standards, or that exhibit below-average performance shall be 10,495
subject to an on-site review. 10,496
The department shall require corrective plans of action for 10,498
programs not achieving target levels or financial and program 10,499
standards. Action plans shall include activities to be conducted 10,501
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department 10,502
demonstrating targets have been met. The Policy Council 10,503
212
chairperson and the appropriate grantee board official shall sign 10,504
the corrective plans of action.
Programs not meeting performance targets in accordance with 10,507
the plan of action and prescribed timelines may have their
continuation funding reduced, be disqualified for expansion 10,508
consideration until targets are met, or have all state funds 10,509
withdrawn and a new grantee established.
The department shall require school districts to collect 10,511
"preschool" information by program type. All data shall be 10,512
reported via the Education Management Information System (EMIS). 10,513
(G) The Department shall require Head Start grantees to 10,515
document child progress, using a common instrument prescribed by 10,516
the department, and report results annually. The department 10,517
shall determine the dates for documenting and reporting. 10,518
The State Board of Education shall adopt rules addressing 10,520
the use of screening and assessment data, including, but not 10,521
limited to, all the following: 10,522
(1) Protection of the identity of individual children 10,524
through assignment of a unique but not personally identifiable 10,525
code;
(2) Parents' rights; 10,527
(3) Use of the data by school personnel as it relates to 10,529
kindergarten entrance. 10,530
(H) New agencies may be designated for state Head Start 10,532
funding if a Head Start agency voluntarily waives its right for 10,533
funding or is de-funded based on performance. 10,534
When such a condition exists, the department shall conduct 10,536
a competitive bidding process to select a new agency to provide 10,537
state funded continuation and/or expansion services. The bidding 10,538
process shall include notices of competitive bidding mailed to 10,539
delegate agencies in the affected area and to newspapers in the 10,540
Head Start service area.
Section 3313.646 of the Revised Code does not apply to 10,542
funds distributed under this section. 10,543
213
(I) It is the intent of the General Assembly that 10,545
appropriations for appropriation items 200-406, Head Start, and 10,546
200-408, Public Preschool, be available for transfer between Head 10,547
Start and public preschool programs so that unallocated funds may 10,548
be used between the two programs. 10,549
Section 4.03. Public Preschool 10,551
The Department of Education shall distribute the foregoing 10,553
appropriation item 200-408, Public Preschool, to pay the costs of 10,555
comprehensive preschool programs. As used in this section, 10,556
"school district" means a city, local, exempted village, or joint 10,557
vocational school district, or an educational service center. 10,559
(A) In fiscal years 2000 and 2001, up to two per cent of 10,561
the total appropriation may be used by the department for 10,562
administrative costs of complying with this section; developing 10,563
program capacity; and assisting programs with facilities 10,565
planning, construction, renovation, or lease agreements in 10,566
conjunction with the Community Development Finance Fund (CDFF).
(B) The department shall provide an annual report to the 10,569
Governor, the Speaker of the House of Representatives, the 10,570
President of the Senate, the State Board of Education, Head Start 10,571
grantees, and other interested parties. The report shall 10,572
include: 10,573
(1) The number and per cent of eligible children by county 10,575
and by school district; 10,576
(2) The amount of state funds requested for continuation 10,578
per school district;
(3) The amount of state funds received for continuation 10,580
per school district;
(4) A summary of program performance on the state critical 10,582
performance indicators in the public preschool program; 10,583
(5) A summary of developmental progress of children 10,585
participating in the state funded public preschool program; 10,586
(6) Any other data reflecting the performance of public 10,588
preschool programs that the department considers pertinent. 10,590
214
(C) For purposes of this section "eligible child" means a 10,592
child who is at least three years of age whose family earns no 10,594
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the 10,596
Department of Human Services, interested parties, and Head Start 10,597
agencies shall formulate a method for determining an estimate of 10,598
the number of eligible children and the percentage served by 10,599
grantees in each county. 10,600
(D) After setting aside amounts to make any payments due 10,602
from the prior fiscal year, in fiscal years 2000 and 2001, funds 10,604
shall first be distributed to recipients of funds during the 10,606
preceding fiscal year. Awards under this division may be reduced 10,607
by the amount received in that fiscal year for one-time start-up 10,608
costs and may be adjusted for actual months of program operation 10,609
or enrollment as reported during the first full week of December, 10,610
and may be increased by a reasonable percentage to be determined 10,611
by the Department of Education. The department may redistribute 10,612
dollars to programs demonstrating an unmet need based on updated 10,613
assessments of family needs and community resources, with special 10,614
attention to the projected impact of welfare reform. In fiscal 10,615
years 2000 and 2001, the department may authorize recipients to 10,617
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money 10,619
to participating school districts for purposes of program 10,620
expansion, improvement, or special projects to promote excellence 10,621
and innovation. 10,622
(E) Costs for developing and administering a preschool 10,624
program may not exceed fifteen per cent of the total approved 10,625
costs of the program. 10,626
All recipients of funds shall maintain such fiscal control 10,628
and accounting procedures as may be necessary to ensure the 10,629
disbursement of, and accounting for, these funds. The control of 10,630
funds provided in this program, and title to property obtained 10,631
therefrom, shall be under the authority of the approved recipient 10,632
215
for purposes provided in the program. The approved recipient 10,633
shall administer and use such property and funds for the purposes 10,634
specified. 10,635
(F) The department shall prescribe target levels for 10,637
critical performance indicators for the purpose of assessing 10,638
public preschool programs. On-site reviews and follow-up visits 10,639
shall be based on progress in meeting the prescribed target 10,640
levels.
The department may audit a school district's preschool 10,642
financial and program records. School districts that have 10,643
financial practices not in accordance with standard accounting 10,644
principles, that operate preschool programs that fail to 10,645
substantially meet the Head Start performance standards, or that 10,646
exhibit below-average performance shall be subject to an on-site 10,647
review.
The department shall require corrective plans of action for 10,649
programs not achieving target levels or financial and program 10,650
standards. Action plans shall include activities to be conducted 10,651
by the grantee and timelines for activities to be completed and 10,652
timelines for additional data submission to the department 10,653
demonstrating that targets have been met. The appropriate school 10,654
board official shall sign the corrective plans of action. 10,655
Public preschool programs not meeting performance targets 10,657
in accordance with the plan of action and prescribed timelines 10,658
may have their continuation funding reduced, be disqualified for 10,659
expansion consideration until targets are met, or have all state 10,660
funds withdrawn and a new program established. 10,661
(G) The department shall require public preschool programs 10,663
to document child progress, using a common instrument prescribed 10,664
by the department, and report results annually. The department 10,665
shall determine the dates for documenting and reporting. 10,666
The State Board of Education shall adopt rules addressing 10,668
the use of screening and assessment data, including, but not 10,669
limited to, all of the following: 10,670
216
(1) Protection of the identity of individual children 10,672
through assignment of a unique but not personally identifiable 10,673
code;
(2) Parents' rights; 10,675
(3) Use of the data by school personnel as it relates to 10,677
kindergarten entrance. 10,678
(H) Each school district shall develop a sliding fee scale 10,680
based on the family incomes in the district and shall charge 10,682
families who earn more than the federal poverty level for 10,683
preschool.
(I) It is the intent of the General Assembly that 10,685
appropriations for line item 200-406, Head Start, and 200-408, 10,686
Public Preschool, be available for transfer between Head Start 10,687
and Public Preschool programs so that unallocated funds may be 10,688
used between the two programs. 10,689
Section 4.04. Professional Development 10,691
Of the foregoing appropriation item 200-410, Professional 10,693
Development, $5,997,829 in each fiscal year shall be used by the 10,694
Department of Education to develop a statewide comprehensive 10,696
system of twelve professional development centers that support 10,697
local educators' ability to foster academic achievement in the 10,698
students they serve. The centers shall include training teachers 10,700
on site-based management concepts to encourage teachers to become 10,701
involved in the management of their schools. 10,702
Of the foregoing appropriation item 200-410, Professional 10,704
Development, $1,321,292 in each fiscal year shall be used by the 10,705
Department of Education to establish programs targeted at 10,706
recruiting under-represented populations into the teaching 10,707
profession. In each year, the appropriation item shall be used 10,708
by the department to include, but not be limited to, alternative 10,709
teacher licensure or certification programs emphasizing the 10,710
recruitment of highly qualified minority candidates into 10,711
teaching, including emphasizing the recruitment of highly 10,712
qualified minority candidates into teaching positions in schools 10,713
217
which have a high percentage of minority students. The
recruitment programs shall also target recruiting qualified 10,715
candidates available as a result of downsizing of the military 10,716
and business sectors. Funding shall also be targeted to 10,717
statewide, regional, and local programs that are competitively
selected as promising programs demonstrating the potential of 10,718
significantly increasing Ohio's minority teaching force. 10,719
Of the foregoing appropriation item 200-410, Professional 10,721
Development, $9,659,713 in each fiscal year shall be distributed 10,722
on a per teacher basis to all school districts and joint 10,723
vocational school districts for locally developed teacher 10,724
training and professional development and for the establishment 10,726
of local professional development committees in all school 10,727
districts and chartered nonpublic schools. School districts and 10,728
joint vocational school districts shall not be precluded from 10,729
using these funds for cooperative activities on a county or 10,730
regional basis. School districts with pass rates of less than 75 10,731
per cent on the fourth grade reading proficiency test shall
allocate no less than 40 per cent of these funds for professional 10,732
development for teachers in elementary literacy skills. 10,733
Of the foregoing appropriation item 200-410, Professional 10,735
Development, $115,000 in each fiscal year shall be used to fund 10,736
public institutions or agencies that provide educational services 10,737
and employ or contract the services of licensed educators for 10,738
establishing local professional development committees pursuant 10,739
to division (C)(5) of section 3319.22 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional 10,741
Development, $2,125,000 in fiscal year 2000 and $2,950,000 in 10,742
fiscal year 2001 shall be used by the Department of Education to 10,744
pay the application fee for teachers from public and chartered 10,745
nonpublic schools applying to the National Board for Professional 10,746
Teaching Standards for professional teaching certificates or 10,749
licenses that the board offers, and to provide grants in each 10,750
fiscal year to recognize and reward teachers who become certified 10,751
218
by the board pursuant to section 3319.55 of the Revised Code. 10,752
These moneys shall be used to pay for the first 500 10,755
applications in fiscal year 2000 and the first 600 applications 10,756
in fiscal year 2001 received by the department. Each prospective 10,757
applicant for certification or licensure shall submit an 10,758
application to the Department of Education. When the department 10,759
has collected a group of applications, but no later than 30 days 10,760
after receipt of the first application in a group, it shall send
the applications to the National Board for Professional Teaching 10,762
Standards along with a check to cover the cost of the application 10,763
fee for all applicants in that group. 10,764
Of the foregoing appropriation item 200-410, Professional 10,766
Development, up to $300,000 shall be used each fiscal year by the 10,767
Department of Education to support the connection of teacher 10,768
applicants to university programs that enhance applicant learning 10,770
and professional development during the National Board 10,771
Certification process.
Of the foregoing appropriation item 200-410, Professional 10,772
Development, up to $1,875,000 in each fiscal year shall be 10,773
allocated for entry year programs. Each fiscal year, up to 10,774
$1,250,000 shall be used for mentors and assessor training, and 10,775
up to $1,475,000 for peer review. The Department of Education
shall select eligible beginning teachers to participate in a 10,776
year-long entry year program that provides guidance and coaching 10,777
by experienced school district and university faculty and regular 10,778
teacher performance assessment. The program is designed to 10,779
assess each beginning teacher with the Education Testing 10,780
Service's Praxis III examination. These funds shall be used to
support the supervisory, teaching, and assessment services 10,781
associated with the pilot residency program in urban, suburban, 10,782
and rural sites.
Of the foregoing appropriation item 200-410, Professional 10,784
Development, up to $650,000 in each fiscal year shall be used to 10,785
continue Ohio leadership academies to develop and train 10,786
219
superintendents, principals, other administrators, and school 10,787
board members in new leadership and management practices to 10,788
support high performance schools. This training shall be
coordinated with other locally administered leadership programs. 10,789
Of the foregoing appropriation item 200-410, Professional 10,791
Development, up to $850,000 in each fiscal year shall be used to 10,792
support a two-year Principal's Leadership Academy that will serve 10,793
principals and their staff teams. An advisory panel comprised of 10,794
national business and education experts shall advise the Ohio 10,795
Department of Education on content and delivery of curriculum and 10,796
instruction.
Of the foregoing appropriation item 200-410, Professional 10,798
Development, up to $975,000 in each fiscal year shall be used to 10,799
establish an entry year program for principals. Grants shall be 10,800
issued to pilot sites that shall develop prototypes of the 10,801
program in a variety of contexts. These sites shall also pilot 10,802
the School Leaders Licensure Assessment, which was developed by
the Educational Testing Service at a cost of $450 per assessment. 10,803
Section 4.05. Family and Children First 10,805
(A) Of the foregoing appropriation item 200-411, Family 10,807
and Children First, the Department of Education shall transfer up 10,808
to $3,677,188 in each fiscal year by intrastate transfer voucher 10,810
to the Department of Mental Retardation and Developmental 10,811
Disabilities. These funds shall be spent on direct grants to 10,812
county family and children first councils created under section 10,815
121.37 of the Revised Code. The funds shall be used as partial 10,816
support payment and reimbursement for the maintenance and 10,817
treatment costs of multi-need children that come to the attention 10,818
of the Family and Children First Cabinet Council pursuant to 10,819
section 121.37 of the Revised Code. The Department of Mental 10,820
Retardation and Developmental Disabilities shall administer the 10,821
distribution of the direct grants to the county councils. The 10,823
Department of Mental Retardation and Developmental Disabilities 10,825
may use up to five per cent of this amount for administrative 10,826
220
expenses associated with the distribution of funds to the county 10,827
councils.
(B) Of the funds appropriated in this item, up to 10,829
$1,775,000 in each fiscal year shall be used as administrative 10,830
grants to county family and children first councils to provide a 10,832
portion of the salary and fringe benefits necessary to fund 10,833
county council coordinators, administrative support, training, or 10,835
parental involvement. The total initial grant under this 10,836
provision to any county family and children first council shall 10,837
not exceed $20,000. In the event that not all counties in the 10,839
state have established a county council, at the beginning of the 10,840
fourth quarter of a fiscal year, any remaining funds to be used
as administrative grants may be redirected by the Family and 10,841
Children First Cabinet Council to other priorities and 10,842
activities. Of the funds appropriated in this item, up to 10,844
$15,000 shall be used by the Family and Children First Cabinet 10,845
Council for administrative costs, including stipends to family 10,846
representatives participating in approved activities of the 10,847
initiative, educational and informational forums, and technical 10,848
assistance to local family and children first councils. 10,849
(C) Of the foregoing appropriation item 200-411, Family 10,851
and Children First, up to $5,190,000 in each fiscal year shall be 10,853
used to fund school-based or school-linked school readiness 10,854
resource centers in school districts where there is a 10,855
concentration of risk factors to school readiness and success, 10,856
including indicators of poverty, health, and family stability. 10,857
The purpose of these centers is to assist in providing services 10,858
to families of school-age children who want and need support. 10,859
School readiness resource centers shall be located in each 10,861
of the state's 21 urban school districts as defined in division 10,862
(O) of section 3317.02 of the Revised Code, as that section 10,864
existed prior to July 1, 1998. The Ohio Family and Children 10,866
First Cabinet Council, in consultation with the Department of 10,867
Education and school districts, shall identify individual schools 10,868
221
based on quantitative and qualitative factors that reflect both 10,869
the need for school readiness resource centers and the local 10,870
capacity for redesigning, as necessary, a delivery system of 10,871
family support services. The council and the Department of 10,872
Education shall organize and provide technical assistance to the 10,873
school districts and communities in planning, developing, and 10,874
implementing the centers. The council shall also negotiate a
performance agreement that details required program 10,875
characteristics, service options, and expected results. 10,876
Each urban school district and community may receive up to 10,878
$240,000 to maintain three school readiness resource centers that 10,879
are located in or linked to elementary, middle, and high school 10,880
sites that are connected by student assignment patterns within 10,881
the school districts. Each school district shall work with a 10,882
representative of the local family and children first council and 10,884
a representative cross-section of families and community leaders 10,885
in the district to operate the school readiness resource centers 10,886
based upon conditions agreed to in the performance agreement 10,887
negotiated with the state council. 10,888
Up to $50,000 in each fiscal year may be used by the Ohio 10,890
Family and Children First Cabinet Council for an evaluation of 10,891
the effectiveness of the school readiness resource centers. Up 10,892
to $100,000 in each fiscal year may be used by the cabinet 10,893
council to approve technical assistance and oversee the 10,894
implementation of the centers. The administration and management 10,895
of the school readiness resource centers may be contracted out 10,896
through a competitive bidding process established by the cabinet 10,897
council in consultation with the Department of Education. 10,898
Section 4.06. Vocational Education Match 10,900
The foregoing appropriation item 200-416, Vocational 10,902
Education Match, shall be used by the Department of Education to 10,903
provide vocational administration matching funds pursuant to 20 10,904
U.S.C. 2311. 10,905
Technical Systems Development 10,907
222
The foregoing appropriation item 200-420, Technical Systems 10,909
Development, shall be used to support several information system 10,910
development projects that are designed to improve the performance 10,911
and customer service of the Ohio Department of Education. 10,912
Implementation of these systems shall allow the department to 10,913
provide greater levels of assistance and more timely information 10,914
to school districts, administrators, and legislators. 10,915
Up to $2,500,000 in fiscal year 2000 shall be used for 10,917
development and testing of the school administration software of 10,918
EMIS. Up to $250,000 in fiscal year 2000 shall be used for the 10,919
construction plans of the EMIS redesign. 10,920
In fiscal year 2000, up to $300,000 may be used for the 10,922
Department's maintenance contract for database management 10,923
software; up to $100,000 shall be used for Phase I of the 10,924
Department's data warehouse software purchase and maintenance 10,925
fees; and up to $300,000 shall be used for Phase II of the data 10,926
warehouse project. 10,927
In fiscal year 2001, up to $1,800,000 shall be used for 10,929
EMIS conversion, including district support and technical 10,930
assistance; up to $350,000 may be used for the Department's 10,931
annual maintenance contract for database management software; and 10,932
up to $200,000 shall be used to support the data warehouse 10,933
project.
School Management Assistance 10,935
The foregoing appropriation item 200-422, School Management 10,937
Assistance, shall be used by the Department of Education to 10,938
provide fiscal technical assistance and inservice education for 10,939
school district management personnel and to administer, monitor, 10,941
and implement the fiscal watch and fiscal emergency provisions 10,942
under Chapter 3316. of the Revised Code.
Policy Analysis 10,944
The foregoing appropriation item 200-424, Policy Analysis, 10,946
shall be used by the Department of Education to develop software 10,948
and other computer assistance to maintain and enhance a system of 10,949
223
administrative, statistical, and legislative education
information to be used for policy analysis. The data base shall 10,950
be kept current at all times. Such a system will be used to 10,951
supply information and analysis of data to the General Assembly 10,952
and other state policy makers, including the Office of Budget and 10,953
Management and the Legislative Budget Office of the Legislative 10,954
Service Commission. 10,955
The Department of Education may use funding from this line 10,957
item to purchase or contract for the development of software 10,958
systems or contract for policy studies that will assist in the 10,960
provision and analysis of policy-related information.
Ohio Education Computer Network 10,962
The foregoing appropriation item 200-426, Ohio Educational 10,964
Computer Network, shall be used by the Department of Education to 10,965
maintain a system of information technology throughout Ohio and 10,966
to provide technical assistance for such a system in support of 10,967
the State Education Technology Plan pursuant to section 3301.07 10,968
of the Revised Code. 10,969
This system shall support the development, maintenance, and 10,971
operation of a network of uniform and compatible computer-based 10,972
information and instructional systems. The technical assistance 10,973
shall include, but not be restricted to, the development and 10,974
maintenance of adequate computer software systems to support 10,975
network activities. Program funds may be used, through a formula 10,976
and guidelines devised by the department, to subsidize the 10,977
activities of not more than twenty-four designated data 10,978
acquisition sites, as defined by State Board of Education rules, 10,979
to provide to school districts and chartered nonpublic schools 10,980
computer-based student and teacher instructional and 10,982
administrative information services, including approved 10,983
computerized financial accounting, to assure the effective 10,984
operation of local automated administrative and instructional 10,985
systems.
In order to broaden the scope of the use of technology for 10,987
224
education, the department may use up to $250,000 in each fiscal 10,988
year to coordinate the activities of the computer network with 10,990
other agencies funded by the department or the state. In order 10,991
to improve the efficiency of network activities, the department 10,992
and data acquisition sites may jointly purchase equipment, 10,993
materials, and services from funds provided under this 10,994
appropriation for use by the network and, when considered 10,995
practical by the department, may utilize the services of 10,996
appropriate state purchasing agencies. 10,997
Of the foregoing appropriation item 200-426, Ohio 10,999
Educational Computer Network, up to $10,260,000 in fiscal year 11,000
2000 and $19,000,000 in fiscal year 2001 shall be used by the 11,001
Department of Education to support connections of all public 11,002
school buildings to the Ohio Education Computer Network. In each
fiscal year the Department of Education shall use these funds to 11,003
help reimburse data acquisition sites or school districts for the 11,004
operational costs associated with using the Ohio Education 11,005
Computer Network. The Department of Education shall develop a 11,006
formula and guidelines for the distribution of these funds to the 11,007
data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use 11,009
up to $1,939,772 to continue to manage and develop the statewide 11,010
union catalog and InfOhio Network of library resources that will 11,011
be accessible to all school districts through the Ohio Education 11,012
Computer Network up to $1,994,086 in fiscal year 2001 shall be 11,013
used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in 11,016
fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to 11,017
assist designated data acquisition sites with operational costs 11,018
associated with the increased use of the Ohio Education Computer 11,020
Network by chartered nonpublic schools. The Department of 11,021
Education shall develop a formula and guidelines for distribution 11,023
of these funds to designated data acquisition sites.
Section 4.07. School Improvement Models 11,025
225
The foregoing appropriation item 200-431, School 11,027
Improvement Models, shall be used by the Department of Education 11,028
to continue to support the creation of a statewide network of 11,029
school improvement sites by providing competitive venture capital 11,030
grants to schools that demonstrate the capacity to invent or 11,031
adapt school improvement models. The department shall showcase 11,032
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 11,033
administrators and teachers outside the district can benefit from 11,035
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 11,036
schools and up to $6,225,000 in fiscal year 2001 shall be used to 11,037
provide grants of $25,000 to 249 schools. 11,038
The Superintendent of Public Instruction shall assess 11,041
individual school district responses to the performance audits
conducted by the Auditor of State as required by Am. Sub. H.B. 11,042
215 of the 122nd General Assembly. These assessments shall be 11,044
compiled into a report to the Speaker of the House of 11,045
Representatives, the President of the Senate, and the chairs and
ranking minority members of the House and Senate committees on 11,046
education and finance. 11,047
Of the foregoing appropriation item 200-431, School 11,049
Improvement Models, $5,000,000 shall be used in each fiscal year 11,051
for the development and distribution of school report cards
pursuant to section 3302.03 of the Revised Code and the 11,052
development of core competencies for the proficiency tests. 11,053
Of the foregoing appropriation item 200-431, School 11,055
Improvement Models, $250,000 in each fiscal year shall be used 11,057
for the development and operation of a Safe Schools Center. The 11,058
Department of Education shall oversee the creation of a center 11,059
that provides resources to school district personnel, parents,
juvenile justice representatives, and law enforcement that 11,060
identify effective strategies for improving school safety and 11,061
reducing threats to the security of students and school 11,062
226
personnel.
Of the foregoing appropriation item 200-431, School 11,064
Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 11,065
in fiscal year 2001 shall be used to provide technical assistance 11,066
for comprehensive school improvement.
Of the foregoing appropriation item 200-431, School 11,068
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 11,069
in fiscal year 2001 shall be used for professional development in 11,070
literacy for classroom teachers, administrators, and literacy 11,071
specialists to support the OhioReads initiative.
School Conflict Management 11,073
Of the foregoing appropriation item 200-432, School 11,075
Conflict Management, amounts shall be used by the Department of 11,076
Education for the purpose of providing dispute resolution and 11,077
conflict management training, consultation, and materials for 11,078
school districts, and for the purpose of providing competitive 11,079
school conflict management grants to school districts. 11,080
The Department of Education shall assist the Commission on 11,082
Dispute Resolution and Conflict Management in the development and 11,083
dissemination of the school conflict management program. 11,085
Student Proficiency 11,087
The foregoing appropriation item 200-437, Student 11,089
Proficiency, shall be used to develop, field test, print, 11,090
distribute, score, and report results from the tests required 11,091
under sections 3301.0710 and 3301.0711 of the Revised Code and 11,093
for similar purposes as required by section 3301.27 of the 11,094
Revised Code.
American Sign Language 11,096
Of the foregoing appropriation item 200-441, American Sign 11,098
Language, up to $150,000 in each fiscal year shall be used to 11,100
implement pilot projects for the integration of American Sign 11,101
Language deaf language into the kindergarten through 11,102
twelfth-grade curriculum.
The remainder of the appropriation shall be used by the 11,104
227
Department of Education to provide supervision and consultation 11,105
to school districts in dealing with parents of handicapped 11,106
children who are deaf or hard of hearing, in integrating American 11,107
Sign Language as a foreign language, and in obtaining 11,108
interpreters and improving their skills. 11,109
Child Care Licensing 11,111
The foregoing appropriation item 200-442, Child Care 11,113
Licensing, shall be used by the Department of Education to 11,114
license and to inspect preschool and school-age child care 11,115
programs in accordance with sections 3301.52 to 3301.59 of the 11,116
Revised Code.
OhioReads Administration/Volunteer Support 11,118
The foregoing appropriation item 200-445, OhioReads 11,120
Admin/Volunteer Support, may be allocated by the OhioReads 11,121
Council for volunteer coordinators in public school buildings, to 11,122
educational service centers for costs associated with volunteer 11,123
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with 11,124
administering the program. 11,126
Section 4.08. Education Management Information System 11,128
The foregoing appropriation item 200-446, Education 11,130
Management Information System, shall be used to provide school 11,131
districts with the means to implement local automated information 11,132
systems, to implement the common student information management 11,133
software developed by the Department of Education, and to 11,134
implement, develop, and improve the Education Management 11,135
Information System (EMIS). 11,136
Up to $1,000,000 in each fiscal year shall be used by the 11,139
Department of Education to assist designated data acquisition 11,140
sites or school districts with deployment of the common student
information management software, and for hardware, personnel, 11,142
equipment, staff development, software, and forms modification, 11,143
as well as to support EMIS special report activities in the 11,144
department that are designed to use the data collected by the 11,145
228
system.
Up to $2,714,234 in fiscal year 2000 and $2,782,090 in 11,147
fiscal year 2001 shall be distributed to designated data 11,148
acquisition sites for costs relating to the processing, storing, 11,149
and transfer of data for the effective operation of the EMIS. 11,151
These costs may include, but are not limited to, personnel, 11,152
hardware, software development, communications connectivity, 11,153
professional development and support services, and to provide 11,154
services to participate in the State Education Technology Plan 11,155
pursuant to section 3301.07 of the Revised Code.
Up to $6,023,718 in fiscal year 2000 and $6,174,310 in 11,157
fiscal year 2001 shall be distributed to school districts and 11,158
joint vocational school districts on a per-pupil basis. From 11,159
this money, each school district with enrollment greater than 100 11,160
students and each vocational school district shall receive a 11,161
minimum of $5,000 for each year of the biennium. Each school 11,162
district with enrollment between one and one hundred and each 11,163
county office of education shall receive $3,000 for each year of 11,164
the biennium. This money shall be used for costs associated with 11,165
the development and operation of local automated record based 11,166
information systems that provide data as required by the 11,167
education management information system, and facilitate local 11,168
district, school, and classroom management activities. 11,169
GED Testing/Adult High School 11,171
The foregoing appropriation item 200-447, GED Testing/Adult 11,173
High School, shall be used to provide General Educational 11,174
Development (GED) testing at no cost to first time applicants, 11,175
pursuant to rules adopted by the State Board of Education. Of 11,176
the foregoing appropriation item 200-447, GED Testing/Adult High 11,177
School, up to $250,000 in each fiscal year shall be used by the 11,178
department to reimburse local shool districts for a portion of 11,180
the costs incurred in providing summer instructional or
intervention services to students who have not graduated due to 11,181
their inability to pass one or more parts of the state's ninth 11,182
229
grade proficiency test. School districts may provide these 11,183
services to students directly or contract with post-secondary or 11,184
nonprofit community-based institutions in providing instruction. 11,185
The remainder of the appropriation shall be used for state 11,186
reimbursement to school districts for adult high school
continuing education programs pursuant to section 3313.531 of the 11,187
Revised Code or for costs associated with awarding adult high 11,188
school diplomas under section 3313.611 of the Revised Code. 11,189
Community Schools 11,191
Of the foregoing appropriation item 200-455, Community 11,193
Schools, up to $100,000 in each fiscal year may be used by the 11,194
Lucas County Educational Service Center to pay for additional 11,195
services and responsibilities under Section 50.52 of Am. Sub. 11,196
H.B. 215 of the 122nd General Assembly, subject to the reporting 11,197
by the service center of actual expenses incurred to the 11,198
Department of Education. In each fiscal year, up to $400,000 may 11,199
be used by the Office of School Options in the Department of 11,200
Education for additional services and responsibilities under 11,201
section 3314.11 of the Revised Code. 11,202
The remaining appropriation may be used by the Department 11,204
of Education and the Lucas County Educational Service Center to 11,205
make grants of up to $50,000 to each proposing group with a 11,206
preliminary agreement obtained under division (C)(2) of section 11,207
3314.02 of the Revised Code or division (B)(2) of Section 50.52 11,208
of Am. Sub. H.B. 215 of the 122nd General Assembly in order to 11,209
defray planning and initial start-up costs. In the first year of 11,210
operation of a community school, the Department of Education and 11,211
the Lucas County Educational Service Center may make a grant of 11,212
no more than $100,000 to the governing authority of the school to 11,213
partially defray additional start-up costs. The amount of the 11,214
grant shall be based on a thorough examination of the needs of 11,215
the community school. The Department of Education and the Lucas 11,216
County Educational Service Center shall not utilize moneys 11,217
received under this section for any other purpose other than 11,218
230
those specified under this section. The department shall 11,219
allocate an amount to the Lucas County Educational Service Center 11,220
for grants under this paragraph.
A community school awarded start-up grants from 11,222
appropriation item 200-613, Public Charter Schools (Fund 3T4), 11,223
shall not be eligible for grants under this section. 11,224
Section 4.09. School Finance Equity 11,226
The foregoing appropriation item 200-500, School Finance 11,228
Equity, shall be distributed to school districts based on the 11,229
formula specified in section 3317.0213 of the Revised Code. 11,230
Section 4.10. Base Cost Funding 11,232
Of the foregoing appropriation item 200-501, Base Cost 11,234
Funding, up to $3,000,000 in fiscal year 2000 shall be expended 11,236
by the State Board of Education for the extended service 11,237
allowance which shall be the teachers' salaries pursuant to the 11,238
schedule contained in section 3317.13 of the Revised Code, plus 11,239
fifteen per cent for retirement and sick leave; up to $425,000 11,241
shall be expended in each year of the biennium for court payments 11,242
pursuant to section 2151.357 of the Revised Code; an amount shall 11,243
be available each year of the biennium for the cost of the 11,244
reappraisal guarantee pursuant to section 3317.04 of the Revised 11,245
Code; an amount shall be available in each year of the biennium 11,246
to make payments to school districts pursuant to division (A)(2) 11,247
of section 3317.022 of the Revised Code; up to $15,000,000 in 11,248
each year of the biennium shall be reserved for payments pursuant 11,249
to sections 3317.026, 3317.027, and 3317.028 of the Revised Code 11,250
except that the Controlling Board may increase the $15,000,000 11,251
amount if presented with such a request from the Department of 11,252
Education. Of the foregoing appropriation item 200-501, Base 11,253
Cost Funding, up to $14,000,000 shall be used in each fiscal year 11,254
to provide additional state aid to school districts for students 11,255
in category three special education ADM pursuant to division 11,256
(C)(4) of section 3317.022 of the Revised Code; up to $2,000,000 11,257
in each year of the biennium shall be reserved for Youth Services 11,258
231
tuition payments pursuant to section 3317.024 of the Revised 11,259
Code; up to $50,000,000 in fiscal year 2000 and up to $52,000,000 11,261
in fiscal year 2001 shall be reserved to fund the state 11,262
reimbursement of educational service centers pursuant to section 11,263
3317.11 of the Revised Code.
Of the foregoing appropriation item 200-501, Base Cost 11,265
Funding, up to $1,000,000 in each fiscal year shall be used by 11,267
the Department of Education for a pilot program to pay for 11,268
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 11,269
facilities described in division (A) of the section titled 11,270
"Private Treatment Facility Pilot Project." 11,271
The remaining portion of this appropriation item shall be 11,273
expended for the public schools of city, local, exempted village, 11,276
and joint vocational school districts, including base cost 11,277
funding, special education weight funding, special education 11,278
speech service enhancement funding, vocational education weight 11,279
funding, vocational education associated service funding, 11,280
guarantee funding, and teacher training and experience funding 11,281
pursuant to sections 3317.022, 3317.023, 3317.0212, and 3317.16 11,282
of the Revised Code. 11,283
Notwithstanding section 3301.17, division (I) of section 11,285
3317.024, and division (B)(3) of section 3317.19 of the Revised 11,286
Code, the Department of Education shall not pay in fiscal years 11,287
2000 and 2001 the driver education subsidy to school districts 11,288
and commercial driver training schools.
Section 4.11. Pupil Transportation 11,290
Of the foregoing appropriation item 200-502, Pupil 11,292
Transportation, up to $755,000 may be used by the Department of 11,293
Education each year for training prospective and experienced 11,294
school bus drivers in accordance with training programs 11,295
prescribed by the department; up to $38,175,000 in fiscal year 11,297
2000 and $50,490,000 in fiscal year 2001 shall be used for 11,298
handicapped transportation; and the remainder shall be used for 11,299
232
the state reimbursement of public school districts' costs in 11,300
transporting pupils to and from the school to which they attend 11,301
in accordance with the district's policy, State Board of 11,302
Education standards, and the Revised Code.
Bus Purchase Allowance 11,304
The foregoing appropriation item 200-503, Bus Purchase 11,306
Allowance, shall be distributed to school districts and 11,307
educational service centers pursuant to rules adopted under 11,309
section 3317.07 of the Revised Code. Up to 25 per cent of the 11,310
amount appropriated may be used to reimburse school districts and 11,311
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 11,313
School Lunch 11,315
The foregoing appropriation item 200-505, School Lunch 11,317
Match, shall be used to provide matching funds to obtain federal 11,318
funds for the school lunch program. 11,319
Section 4.12. Adult Literacy Education 11,321
The foregoing appropriation item 200-509, Adult Literacy 11,323
Education, shall be used to support adult basic and literacy 11,324
education instructional programs, the State Literacy Resource 11,325
Center Program, and the State Advisory Council on Adult Education 11,326
and Literacy. 11,327
Of the foregoing appropriation item 200-509, Adult Literacy 11,330
Education, up to $520,000 in fiscal year 2000 and $532,500 in 11,331
fiscal year 2001 shall be used for the support and operation of 11,333
the State Literacy Resource Center and the State Advisory Council 11,334
on Adult Education and Literacy.
The remainder shall be used to continue to satisfy the 11,336
state match and maintenance of effort requirements for the 11,337
support and operation of the Ohio Department of Education 11,339
administered instructional grant program for Adult Basic and 11,340
Literacy Education in accordance with the department's state plan 11,341
for Adult Basic and Literacy Education as approved by the State 11,342
Board of Education and the Secretary of the United States 11,343
233
Department of Education.
Auxiliary Services 11,345
The foregoing appropriation item 200-511, Auxiliary 11,347
Services, shall be used by the State Board of Education for the 11,348
purpose of implementing section 3317.06 of the Revised Code. Of 11,349
the appropriation, up to $1,000,000 in each fiscal year of the 11,350
biennium may be used for payment of the Post-Secondary Enrollment 11,351
Options Program for nonpublic students pursuant to section 11,352
3365.10 of the Revised Code. 11,353
Summer Intervention 11,355
Of the foregoing appropriation item 200-513, Summer 11,357
Intervention, up to $15,000,000 in each fiscal year shall be used 11,358
to provide intervention services to students in danger of not 11,359
advancing to the fifth grade as a result of a failure to attain 11,360
the score designated under division (A)(1) of section 3301.0710 11,361
of the Revised Code on the test to measure skill in reading. 11,362
These moneys shall be used to provide equalized reimbursement 11,363
payments using the state aid ratio to school districts providing 11,364
summer intervention services satisfying criteria defined in 11,365
division (E) of section 3313.608 of the Revised Code. The 11,366
Department of Education shall establish guidelines for the use 11,367
and distribution of these moneys.
Post-Secondary/Adult Vocational Education 11,369
The foregoing appropriation item 200-514, 11,371
Post-Secondary/Adult Vocational Education, shall be used by the 11,372
State Board of Education to provide post-secondary/adult 11,373
vocational education pursuant to sections 3313.52 and 3313.53 of 11,374
the Revised Code. 11,375
Of the foregoing appropriation item 200-514, 11,377
Post-Secondary/Adult Vocational Education, up to $500,000 in each 11,379
fiscal year shall be allocated for the Ohio Career Information 11,380
System (OCIS) and used for the dissemination of career 11,381
information data to public schools, libraries, rehabilitation 11,382
centers, two- and four-year colleges and universities, and other 11,383
234
governmental units. 11,384
Of the foregoing appropriation item 200-514, 11,386
Post-Secondary/Adult Vocational Education, up to $30,000 in each 11,387
fiscal year shall be used for the statewide coordination of the 11,388
activities of the Ohio Young Farmers.
Disadvantaged Pupil Impact Aid 11,390
The foregoing appropriation item 200-520, Disadvantaged 11,392
Pupil Impact Aid, shall be distributed to school districts 11,393
according to the provisions of section 3317.029 of the Revised 11,395
Code. However, no money shall be distributed for all-day 11,397
kindergarten to any school district whose three-year average 11,398
formula ADM exceeds 17,500 but whose DPIA index is not at least 11,399
equal to 1.00, unless the Department of Education certifies that 11,400
sufficient funds exist in this appropriation to make all other 11,402
payments required by section 3317.029 of the Revised Code. 11,403
The Department of Education shall pay all-day, everyday 11,405
kindergarten funding to all school districts in fiscal year 2000 11,406
and fiscal year 2001 that qualified for and provided the service 11,407
in a preceding fiscal year pursuant to section 3317.029 of the 11,409
Revised Code, regardless of changes to such districts' DPIA
indexes in fiscal year 2000 and fiscal year 2001. 11,410
The Department of Education shall pay to community schools 11,413
an amount for all-day kindergarten if the school district in
which the student is entitled to attend school is eligible but 11,414
does not receive a payment for all-day kindergarten, pursuant to 11,415
division (B) of section 3314.13 of the Revised Code, and the 11,416
student is reported by the community school as enrolled in 11,417
all-day kindergarten at the community school. 11,418
Of the foregoing appropriation item 200-520, Disadvantaged 11,420
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 11,421
shall be used for school breakfast programs. Of the $3,000,000, 11,422
up to $500,000 shall be used each year by the Department of 11,424
Education to provide start-up grants to rural school districts 11,425
and to school districts with less than 1,500 ADM that start 11,426
235
school breakfast programs. The remainder of the $3,000,000 shall 11,427
be used to: (1) partially reimburse school buildings within 11,428
school districts that are required to have a school breakfast 11,429
program pursuant to section 3313.813 of the Revised Code, at a 11,430
rate decided upon by the department, for each breakfast served to
any pupil enrolled in the district; (2) partially reimburse 11,431
districts participating in the National School Lunch Program that 11,432
have at least 20 per cent of students who are eligible for free 11,433
and reduced meals according to federal standards, at a rate 11,434
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 11,435
breakfast served to children eligible for free and reduced meals 11,436
enrolled in the district, at a rate decided upon by the 11,437
department.
Of the portion of the funds distributed to the Cleveland 11,439
City School District under section 3317.029 of the Revised Code 11,440
calculated under division (F)(2) of that section, up to 11,441
$11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal 11,442
year 2001 shall be used to operate the pilot school choice 11,444
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 11,445
Of the foregoing appropriation item 200-520, Disadvantaged 11,447
Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in 11,448
fiscal year 2001 shall be used to support dropout recovery 11,449
programs administered by the Department of Education, Jobs for 11,450
Ohio's Graduates program. 11,451
Of the foregoing appropriation item 200-520, Disadvantaged 11,454
Pupil Impact Aid, up to $500,000 in each fiscal year shall be 11,455
used by the Department of Education to encourage school districts 11,456
to set high academic standards and provide a helping hand for 11,457
students striving to meet them. A Summer Proficiency Academy
shall be any school district's summer school program that is 11,459
conducted for students who have been enrolled in the fourth and 11,460
sixth grades, whether district-wide, in several school buildings 11,461
236
or within a cluster of school buildings, that addresses the needs 11,463
of students who did not pass at least three of the five parts of 11,464
either the fourth-grade or sixth-grade proficiency test, that is 11,465
of at least six weeks' duration, and that provides an innovative, 11,466
enriching educational experience. The department shall use the 11,467
funds indicated in this paragraph to make grants to those school 11,468
districts that conduct such Summer Proficiency Academies and that 11,469
have valuation per pupil less than 150 per cent of the statewide 11,470
average valuation per pupil, to defray 75 per cent of the costs 11,471
of conducting such academies. The amount of each grant shall not 11,472
exceed $150,000 and each school district shall be eligible for up 11,473
to four grants in each fiscal year. Grants shall be made to 11,474
school districts based on the percentage of students failing 11,475
three or more tests, with first priority given to districts with 11,476
the highest failure rates. As used in this paragraph, "valuation 11,477
per pupil" has the same meaning as in division (A)(4) of section 11,479
3317.0212 of the Revised Code as it existed prior to July 1, 11,480
1998.
There is hereby created the Alternative Education Advisory 11,482
Council which shall consist of one representative from each of 11,483
the following agencies: The Ohio Department of Education, the 11,484
Department of Youth Services, the Ohio Department of Alcohol and 11,485
Drug Addiction Services, the Department of Mental Health, the
Office of the Governor or at the Governor's discretion the Office 11,487
of the Lieutenant Governor, and the Office of the Attorney 11,488
General. The Alternative Education Advisory Council shall cease 11,489
to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged 11,491
Pupil Impact Aid, $10,000,000 in each fiscal year shall be used 11,492
for matching grants to the 21 urban school districts as defined 11,493
in division (O) of section 3317.02 of the Revised Code as it 11,494
existed prior to July 1, 1998, and $10,000,000 in each fiscal 11,495
year shall be used for matching grants to rural and suburban
school districts for alternative educational programs for at-risk 11,496
237
and delinquent youth in grades six through twelve. Programs 11,497
shall be focused on youth in one or more of the following 11,498
categories: those who have been expelled or suspended, those at 11,499
risk of dropping out of school, those who are habitually truant 11,500
or disruptive, or those on probation or on parole from a
Department of Youth Service's facility. The Alternative 11,501
Education Advisory Council shall develop criteria for the 11,502
awarding of grants for alternative educational programs to school 11,503
districts. The grants shall be administered by the Ohio
Department of Education. 11,504
Section 4.13. Gifted Pupil Program 11,506
The foregoing appropriation item 200-521, Gifted Pupil 11,508
Program, shall be used for gifted education units not to exceed 11,509
950 in each fiscal year of the biennium to division (P) of 11,510
section 3317.024 and division (F) of section 3317.025 of the 11,512
Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil 11,514
Program, up to $5,000,000 in each fiscal year of the biennium may 11,515
be used as an additional supplement for identifying gifted 11,516
students pursuant to Chapter 3324. of the Revised Code. 11,517
Of the foregoing appropriation item 200-521, Gifted Pupil 11,518
Program, the Department of Education may expend up to $1,000,000 11,519
each year for the Summer Honors Institute for gifted freshmen and 11,521
sophomore high school students. Up to $600,000 in each fiscal 11,522
year shall be used for research and demonstration projects.
Section 4.14. Educational Excellence and Competency 11,524
Of the foregoing appropriation item 200-524, Educational 11,526
Excellence and Competency, up to $35,000 in each fiscal year 11,527
shall be reserved for the Ohio Science Olympiad and up to $23,333 11,528
in fiscal year 2000 and $11,667 in fiscal year 2001 shall be 11,529
reserved for the International Science and Engineering Fair. Up 11,531
to $166,667 in fiscal year 2000 and $83,333 in fiscal year 2001 11,532
shall be reserved for a Math and Science Initiative to enhance 11,533
math and science education for elementary students in a 11,534
238
county-wide collaborative. 11,535
Of the foregoing appropriation item 200-524, Educational 11,537
Excellence and Competency, up to $100,000 in each fiscal year 11,538
shall be used for the EQUIP Program. Up to $50,000 in each 11,539
fiscal year shall be used for the Cincinnati Central Clinic. Up 11,540
to $150,000 in fiscal year 2000 and $125,000 in fiscal year 2001 11,541
shall be distributed to the Franklin County Educational Council 11,542
to operate the Magellan Program. Up to $50,000 in each fiscal 11,543
year shall be used for the Findlay-Hancock Summer Academic Camp. 11,544
Of the foregoing appropriation item 200-524, Educational 11,546
Excellence and Competency, up to $90,000 in fiscal year 2000 11,547
shall be used for the Cleveland Language Project; up to $20,000 11,548
in fiscal year 2000 shall be used for the Cincinnati Language 11,549
Project; up to $20,000 in fiscal year 2000 shall be used for the 11,550
Columbus Language Project; and up to $20,000 in fiscal year 2000 11,551
shall be used for the Dayton Language Project; 11,552
The Department of Education shall distribute $150,000 in 11,554
fiscal year 2000 and $100,000 in fiscal year 2001 to the 11,555
Christopher Project. The department shall distribute $80,000 in 11,556
fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional 11,558
District/University Consortium to Validate At-Risk Programs for 11,559
Rural School Districts. The Department shall distribute $75,000
in each fiscal year to the Cincinnati Artworks Project. In each 11,560
fiscal year of the biennium, $100,000 shall be used for Ledgemont 11,562
Education Excellency. In addition, the department shall
distribute $275,000 in each fiscal year to the Summit County 11,563
Technology Project. 11,564
In each fiscal year, $300,000 shall be used for a pilot 11,566
project for the integration and implementation of distance 11,567
learning, virtual reality, and computer technology to prepare 11,568
students for careers in industry. Of this amount, $65,000 in 11,569
each fiscal year shall be distributed to the Math, Science and 11,570
Industrial Technology Institute at Kent State University-Trumbull 11,571
Campus for purposes of this pilot project and $235,000 in each 11,572
239
fiscal year shall be distributed to the Trumbull County 11,573
Educational Service Center for the Industrial Technology Career 11,574
Academy pilot project. In each fiscal year, $140,000 shall be 11,575
used for the Crouse School Readiness Program. 11,576
Of the foregoing appropriation item 200-524, Educational 11,579
Excellence and Competency, $850,000 in fiscal year 2000 and 11,580
$850,000 in fiscal year 2001 shall be used to assist local school 11,581
districts in the implementation of financial literacy programs as 11,582
part of the school curriculum in kindergarten through grade six. 11,583
The funds shall be used to purchase financial literacy 11,584
instructional materials, including student books, hands-on 11,585
material, and supporting teacher guides, which promote economic 11,586
awareness by addressing fundamental life skills such as earning
money, saving money, and spending money wisely. The financial 11,587
literacy curriculum shall also introduce students to the concepts 11,588
of economic interdependence, profit, loss, investment, and supply 11,589
and demand. In fiscal year 2001, each school district shall be 11,590
eligible for one $1,000 grant for each kindergarten through sixth 11,591
grade level in each school building. A school building with five 11,593
or more classes per grade level may receive up to $2,000 for that 11,594
grade level.
The remainder of the appropriation shall be used by the 11,596
Department of Education to fund programs each year as follows: 11,598
FY 2000 FY 2001 11,600
Earn and Learn $ 686,667 $ 343,333 11,601
Trumbull County "Make Learning 11,602
Fun" $ 50,000 $ 25,000 11,603
LEAF $ 43,333 $ 21,667 11,604
Coventry $ 16,667 $ 8,333 11,605
Columbus Youth Corp $ 33,333 $ 16,667 11,606
Montgomery County Summer Math 11,607
program $ 143,333 $ 71,667 11,608
Columbus City District's "I Know I 11,609
Can" $ 645,000 $ 645,000 11,610
240
Dayton-Montgomery County Scholarship 11,611
Program $ 600,000 $ 600,000 11,612
Cleveland Scholarship $ 333,333 $ 166,667 11,613
Cleveland Initiative for Education $ 240,000 $ 120,000 11,614
Cincinnati Scholarship Foundation $ 600,000 $ 600,000 11,615
Improved Solutions for Urban Systems 11,616
(ISUS) $ 100,000 $ 100,000 11,617
Lorain County Access $ 150,000 $ 150,000 11,618
Amer-I-Can $ 850,000 $ 850,000 11,619
London Learns $ 100,000 $ 100,000 11,620
Project Succeed $1,000,000 $1,000,000 11,621
Toledo Tech Academy $ 300,000 $ 300,000 11,622
Toledo International Language 11,623
Center $ 133,333 $ 66,667 11,624
Greater Toledo School-To-Work 11,625
Consortium $ 100,000 $ 100,000 11,626
Muskingum Valley Services Center $ 100,000 $ 100,000 11,627
O.U. Leadership $ 75,000 $ 75,000 11,628
For the Cleveland Initiative in Education program, the 11,630
grant shall support its mentoring and advocacy program. 11,631
Of the foregoing appropriation item 200-524, Educational 11,633
Excellence and Competency, $83,000 in fiscal year 2000 and 11,634
$83,000 in fiscal year 2001 shall be used for the Shaker Heights 11,635
Educational Mobility program. 11,636
Of the foregoing appropriation item 200-524, Educational 11,638
Excellence and Competency, up to $133,333 in fiscal year 2000 and 11,639
$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois 11,640
Talented Tenth Teacher Training Academy. The program will 11,641
provide a summer honors program to promising minority students 11,642
identified by their school districts as potential future
teachers.
Each program or entity that receives funds under the 11,644
foregoing appropriation item 200-524, Educational Excellence and 11,646
Competency, shall submit annually to the chairpersons of the 11,647
241
education committees of the House of Representatives and the 11,648
Senate and to the Department of Education a report that includes 11,649
a description of the services supported by the funds, a 11,650
description of the results achieved by those services, an 11,651
analysis of the effectiveness of the program, and an opinion as 11,652
to the program's applicability to other school districts. No 11,653
funds shall be provided by the Department of Education to a 11,654
district for a fiscal year until its report for the prior fiscal 11,656
year has been submitted.
Nonpublic Administrative Cost Reimbursement 11,658
The foregoing appropriation item 200-532, Nonpublic 11,660
Administrative Cost Reimbursement, shall be used by the State 11,661
Board of Education for the purpose of implementing section 11,662
3317.063 of the Revised Code. 11,663
School-Age Child Care 11,665
Of the foregoing appropriation item 200-533, School-Age 11,667
Child Care, up to $200,000 in each fiscal year shall be used for 11,668
the "Training Ohio's Parents for Success" Program. Up to 11,669
$500,000 in each fiscal year shall be used for the "Parents as 11,671
Teachers" Program.
Of the foregoing appropriation item 200-533, School-Age 11,673
Child Care, up to $62,500 in each fiscal year shall be used by 11,674
the Cincinnati YWCA for its Home Instruction Program for 11,675
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 11,677
program of child care conducted outside of regular school hours 11,678
for school age children. 11,679
The remainder of the foregoing appropriation item 200-533, 11,681
School-Age Child Care, shall be used by the Department of 11,682
Education to provide grants to city, local, and exempted village 11,683
school districts and educational service centers for school-age 11,684
child care programs. In each fiscal year, the department shall 11,685
make grants. All grants shall be awarded by the department on 11,687
the basis of project proposals submitted by school district 11,688
242
boards of education or educational service center governing
boards. The board of education of each district or governing 11,690
board of each educational service center that receives a grant 11,691
shall keep a record of how the grant is used, and issue a report 11,692
at the end of the school year for which the grant was made 11,693
explaining the goals and objectives determined, the activities 11,694
implemented, and the progress made toward achieving goals and 11,695
objectives.
Desegregation Costs 11,697
The foregoing appropriation item 200-534, Desegregation 11,699
Costs, shall be used to pay desegregation costs. 11,700
(A) Notwithstanding any section of law to the contrary, if 11,703
in each fiscal year, due to federal court order, the Department 11,704
of Education is obligated to pay for desegregation costs in any 11,705
school district, the costs shall be paid from the foregoing 11,706
appropriation item 200-534, Desegregation Costs. 11,707
Of the foregoing appropriation item 200-534, Desegregation 11,709
Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated 11,710
balances may be used to cover the legal fees associated with 11,713
desegregation cases brought against the state.
By the first day of May of each year, the Department of 11,715
Education shall determine if the appropriation exceeds the 11,716
state's obligation for desegregation costs. Any appropriations 11,717
in excess of the state's obligation shall be transferred to 11,718
appropriation item 200-406, Head Start, by the Director of Budget 11,719
and Management.
(B) As part of managing state desegregation costs, any 11,721
board of education of a school district subject to a federal 11,722
court desegregation order that requires the district board to bus 11,723
students for the purpose of racial balance shall, within one year 11,724
of the effective date of this section: 11,725
(1) Update its plan required under Am. Sub. H.B. 298 of 11,727
the 119th General Assembly designed to satisfy the court so as to 11,728
obtain release from the court's desegregation order; and 11,729
243
(2) Submit an updated copy of the plan to the State Board 11,731
of Education. 11,732
Upon request of the district board, the State Board shall provide 11,735
technical assistance to the school district board in developing a 11,736
plan.
Within ninety days of the date on which the plan is 11,738
submitted to the State Board of Education, the district board, or 11,739
the district board and the State Board of Education jointly if 11,741
both are parties to the desegregation case, shall submit the plan 11,743
to the court and apply for release from the court's desegregation 11,744
order.
Of the foregoing appropriation item 200-534, Desegregation 11,746
Costs, Dayton City Schools shall receive at least $9,000,000 in 11,747
each of fiscal year 2000 and fiscal year 2001. 11,748
Section 4.15. Special Education Enhancements 11,750
Of the foregoing appropriation item 200-540, Special 11,752
Education Enhancements, up to $44,000,000 in fiscal year 2000 and 11,754
up to $48,400,000 in fiscal year 2001 shall be used to fund 11,755
special education and related services at MR/DD boards for 11,756
eligible students under section 3317.20 of the Revised Code. Up 11,757
to $2,500,000 of these amounts shall be used in each fiscal year 11,758
to fund up to 57 special education classroom and related services 11,759
units at institutions. 11,760
Of the foregoing appropriation item 200-540, Special 11,762
Education Enhancements, up to $3,081,000 in fiscal year 2000 and 11,764
$3,167,268 in fiscal year 2001 shall be used for home instruction 11,765
for handicapped children; up to $1,500,000 in each fiscal year 11,767
shall be used for parent mentoring programs; and up to $2,567,000 11,770
in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be
used for school psychology interns. 11,771
Of the foregoing appropriation item 200-540, Special 11,773
Education Enhancements, $2,550,800 in fiscal year 2000 and 11,774
$3,704,000 in fiscal year 2001 shall be used by the Department of 11,776
Education to assist school districts in funding aides pursuant to 11,777
244
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the 11,779
Administrative Code.
Of the foregoing appropriation item 200-540, Special 11,781
Education Enhancements, $71,934,548 in fiscal year 2000 and 11,782
$76,623,506 in fiscal year 2001 shall be distributed by the 11,784
Department of Education to county boards of mental retardation 11,785
and developmental disabilities, educational service centers, and 11,786
school districts for preschool special education units and 11,787
preschool supervisory units in accordance with section 3317.161 11,788
of the Revised Code. The department may reimburse county boards 11,789
of mental retardation and developmental disabilities, educational 11,790
service centers, and school districts for related services as 11,791
defined in rule 3301-31-05 of the Ohio Administrative Code, for 11,792
preschool occupational and physical therapy services provided by 11,793
a physical therapy assistant and certified occupational therapy 11,794
assistant, and for an instructional assistant. To the greatest 11,795
extent possible, the Department of Education shall allocate these 11,796
units to school districts and educational service centers. The 11,797
Controlling Board may approve the transfer of unallocated funds 11,798
from appropriation item 200-501, Base Cost Funding, to 11,799
appropriation item 200-540, Special Education Enhancements, to 11,801
fully fund existing units as necessary or to fully fund 11,802
additional units. The Controlling Board may approve the transfer 11,803
of unallocated funds from appropriation item 200-540, Special 11,805
Education Enhancements, to appropriation item 200-501, Base Cost 11,806
Funding, to fully fund existing units, as necessary, or to fully 11,808
fund additional units.
The Department of Education shall require school districts, 11,810
educational service centers, and county MR/DD boards serving 11,811
preschool children with disabilities to document child progress 11,812
using a common instrument prescribed by the department and report 11,813
results annually. The reporting dates and methodology shall be 11,814
determined by the department. 11,815
The department shall adopt rules addressing the use of 11,817
245
screening and assessment data including, but not limited to: 11,818
(1) Protection of the identity of individual children 11,821
through assignment of a unique, but not personally identifiable, 11,822
code;
(2) Parents' rights; and 11,824
(3) Use of the child data by school personnel as it 11,826
relates to kindergarten entrance. 11,827
Of the foregoing appropriation item 200-540, Special 11,829
Education Enhancements, up to $800,000 in each fiscal year shall 11,830
be allocated to provide grants to research-based reading 11,831
mentoring programs for students with disabilities in kindergarten 11,832
through fourth grade. Priority shall be given to mentoring 11,833
programs that have been recognized by the Education Commission of 11,834
the States as promising educational practices for accelerating 11,835
student achievement, are easily replicated, have strong 11,836
evaluative components, and goals aligned to the Ohio Proficiency 11,837
Test. Programs may be implemented at times deemed most 11,838
appropriate. Certified staff shall administer these programs and 11,839
testing of participants shall be required prior to, during, and 11,840
after participation in these programs. The results of such tests 11,841
shall be reported to the Governor, Superintendent of Public 11,842
Instruction, and General Assembly. 11,843
Of the foregoing appropriation item 200-540, Special 11,845
Education Enhancements, up to $93,000 in fiscal year 2000 and up 11,846
to $86,000 in fiscal year 2001 shall be used to conduct a 11,847
collaborative pilot program to provide educational services and 11,848
develop best educational practices for autistic children. The 11,849
pilot program shall include, but not be limited to, the 11,850
involvement of the Wood County Board of Mental Retardation and 11,851
Developmental Disabilities, Wood County Educational Services 11,852
Center, Children's Resource Center of Wood County, and the Family 11,853
and Children First Council of Wood County. 11,854
Of the foregoing appropriation item 200-540, Special 11,856
Education Enhancements, up to $300,000 in each fiscal year shall 11,857
246
be expended to conduct a demonstration project involving language 11,858
and literacy intervention teams supporting student acquisition of 11,859
language and literacy skills. The demonstration project shall 11,860
demonstrate improvement of language and literacy skills of 11,861
at-risk learners under the instruction of certified speech 11,862
language pathologists and educators. Baseline data shall be 11,863
collected and comparison data for fiscal year 2000 and fiscal 11,864
year 2001 shall be collected and reported to the Governor, 11,865
OhioReads Council, Department of Education, and the General 11,866
Assembly.
Section 4.16. Vocational Education Enhancements 11,868
Of the foregoing appropriation item 200-545, Vocational 11,870
Education Enhancements, up to $2,500,000 in fiscal year 2000 and 11,871
$2,616,000 in fiscal year 2001 shall be used to fund up to 51 11,873
vocational education units at institutions. Up to $9,975,000 in 11,875
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 11,877
$2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal 11,878
year 2001 may be used to support tech prep consortia. 11,879
Of the foregoing appropriation item 200-545, Vocational 11,881
Education Enhancements, up to $4,270,030 in fiscal year 2000 and 11,882
up to $4,483,531 in fiscal year 2001 shall be used by the 11,883
Department of Education to fund competitive grants to tech prep 11,884
consortia that expand the number of students enrolled in tech 11,885
prep programs. Such grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled 11,886
in school districts, including joint vocational school districts. 11,887
If federal funds for vocational education cannot be used 11,890
for local school district leadership without being matched by 11,891
state funds, then an amount as determined by the Superintendent 11,892
of Public Instruction shall be made available from state funds 11,894
appropriated for vocational education. If any state funds are 11,895
used for this purpose, federal funds in an equal amount shall be 11,896
distributed for vocational education in accordance with
247
authorization of the state plan for vocational education for Ohio 11,897
as approved by the Secretary of the United States Department of 11,899
Education.
Of the foregoing appropriation item 200-545, Vocational 11,901
Education Enhancements, $6,144,277 in fiscal year 2000 and 11,903
$6,451,490 in fiscal year 2001 shall be used to enable students
to develop career plans, to identify initial educational and 11,905
career goals, and to develop a career passport which provides a 11,906
clear understanding of the student's knowledge, skills, and 11,907
credentials to present to future employers, universities, and 11,908
other training institutes. The amount shall be allocated to
school districts pursuant to guidelines developed by the 11,911
Department of Education for programs described in section 11,912
3313.607 of the Revised Code for children in the kindergarten 11,914
through twelfth grades. Funds so allocated shall be used for
educational materials, services, career information, curriculum 11,915
development, staff development, mentorships, career exploration, 11,916
and career assessment instruments as needed to develop 11,917
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational 11,919
Education Enhancements, $5,188,703 in fiscal year 2000 and 11,920
$5,707,573 in fiscal year 2001 shall be used to provide an amount 11,922
to each eligible school district for the replacement or updating 11,923
of equipment essential for the instruction of students in job 11,924
skills taught as part of a vocational program or programs
approved for such instruction by the State Board of Education. 11,926
School districts replacing or updating vocational education 11,927
equipment may purchase or lease such equipment. The Department 11,928
of Education shall review and approve all equipment requests and 11,929
may allot appropriated funds to eligible school districts on the 11,931
basis of the number of units of vocational education in all 11,932
eligible districts making application for funds. 11,933
The State Board of Education may adopt standards of need 11,936
for equipment allocation. Pursuant to the adoption of any such
248
standards of need by the State Board of Education, appropriated 11,938
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 11,939
be provided to a school district on a 40, 50, or 60 per cent of 11,940
cost on the basis of a district vocational priority index rating 11,941
developed by the Department of Education for all districts each 11,943
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 11,944
shall include other socio-economic factors as determined by the 11,945
State Board of Education. 11,946
Section 4.17. Charge-Off Supplement 11,948
The foregoing appropriation item 200-546, Charge-Off 11,950
Supplement, shall be used by the Department of Education to make 11,951
payments pursuant to section 3317.0216 of the Revised Code. 11,952
Power Equalization 11,954
The foregoing appropriation item 200-547, Power 11,956
Equalization, shall be used by the Department of Education to 11,957
make payments pursuant to section 3317.0215 of the Revised Code. 11,958
Reading Improvement 11,960
The foregoing appropriation item 200-551, Reading 11,962
Improvement, shall be used by the Department of Education to fund 11,963
the Reading Recovery Training Network, to cover the cost of 11,964
release time for the teacher trainers, and to provide grants to 11,965
districts to implement other reading improvement programs on a 11,967
pilot basis. Funds for this appropriation item may also be used 11,969
to conduct evaluations of the impact and effectiveness of Reading 11,970
Recovery and other reading improvement programs. 11,971
In addition, the Department of Education shall report to 11,973
the General Assembly and the Governor each fiscal year on the 11,974
progress that has been made in implementing these programs, 11,975
including an evaluation of the effectiveness of the programs. 11,976
Twenty per cent of the foregoing appropriation item 11,978
200-551, Reading Improvement, shall be used for the continuation 11,979
of a phonics demonstration project as described in Sub. H.B. 81 11,980
249
of the 121st General Assembly. The Department of Education may 11,982
make a portion of the funds for the demonstration project 11,983
available to additional school districts that want to participate 11,984
in the program that did not receive funding under the original 11,985
project authorized in Sub. H.B. 81 of the 121st General Assembly. 11,986
County MR/DD Boards-Vehicle Purchases 11,988
The foregoing appropriation item 200-552, County MR/DD 11,990
Boards Vehicle Purchases, shall be used to provide financial 11,991
assistance to MR/DD boards for the purchase of vehicles as 11,992
permitted in section 3317.07 of the Revised Code. 11,993
The foregoing appropriation item 200-553, County MR/DD 11,995
Boards Transportation Operating, shall be used to provide 11,996
financial assistance for transportation operating costs as 11,997
provided in section 3317.024 of the Revised Code. 11,998
Emergency Loan Interest Subsidy 12,000
The foregoing appropriation item 200-558, Emergency Loan 12,002
Interest Subsidy, shall be used to provide a subsidy to school 12,004
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 12,005
these districts the difference between the amount of interest the 12,007
district is paying on an emergency loan, and the interest that 12,008
the district would have paid if the interest rate on the loan had 12,009
been two per cent.
Section 4.18. OhioReads Grants 12,011
Of the foregoing appropriation item 200-566, OhioReads 12,013
Grants, $20,000,000 each year shall be disbursed by the OhioReads 12,015
Office in the Department of Education at the direction of the 12,016
OhioReads Council, to provide classroom grants to public schools 12,017
in city, local, and exempted village school districts; community 12,018
schools; and educational service centers serving kindergarten 12,019
through fourth grade students. 12,020
Of the foregoing appropriation item 200-566, OhioReads 12,022
Grants, $5,000,000 each year shall be disbursed by the OhioReads 12,023
Office in the Department of Education at the direction of the 12,024
250
OhioReads Council, to provide community matching grants to 12,026
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 12,027
involvement.
Grants awarded by the OhioReads Council are intended to 12,029
improve reading outcomes, especially on the fourth grade reading 12,030
proficiency test.
School Improvement Incentive Grants 12,032
Of the foregoing appropriation item 200-570, School 12,034
Improvement Incentive Grants, $2,000,000 in each fiscal year 12,035
shall be used to provide grants of $25,000 per building for 12,037
improvements in reading performance based on selection criteria 12,038
developed by the OhioReads Council.
Of the foregoing appropriation items 200-570, School 12,040
Improvement Incentive Grants, $6,500,000 in each fiscal year 12,041
shall be used to provide grants of $25,000 each to elementary 12,043
schools and $50,000 each to middle schools, junior high schools, 12,044
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 12,045
on standards developed by the Department of Education. 12,046
Of the foregoing appropriation item 200-570, School 12,048
Improvement Incentive Grants, $500,000 in each fiscal year shall 12,049
be used to provide grants of $50,000 each to educational service 12,051
centers and joint vocational school districts for exemplary 12,052
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 12,053
on standards developed by the Department of Education. 12,054
Of the foregoing appropriation item 200-570, School 12,056
Improvement Incentive Grants, $1,000,000 in each fiscal year 12,057
shall be used to provide grants of $25,000 each to schools 12,059
selected for superior performance by BEST, Building Excellent
Schools for Today and the 21st Century. 12,060
Teacher Incentive Grants 12,062
The foregoing appropriation item 200-572, Teacher Incentive 12,064
251
Grants, shall be used by the Department of Education to pay 12,065
one-time stipends to qualified teachers of reading, mathematics, 12,066
and science. To be eligible, teacher applicants must hold a 12,067
valid teaching certificate; be employed by a city, local, 12,068
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 12,069
for teachers with a reading, mathematics, or science credential. 12,070
Individuals with an elementary school teaching certificate 12,072
that successfully complete a program for a reading endorsement, 12,073
and who successfully complete the examination prescribed by the 12,074
State Board of Education, shall be paid a stipend of $1,000. 12,075
Individuals with a high school teaching certificate that
successfully complete a program required to add mathematics or 12,076
science to that certificate, and who successfully complete the 12,077
mathematics or science examination prescribed by the State Board 12,078
of Education, shall be paid a stipend of $1,500. The variance in 12,079
stipend amounts reflects the variance in requirements to secure 12,080
the different credentials.
Character Education 12,082
The foregoing appropriation item 200-573, Character 12,084
Education, shall be used by the Department of Education to 12,085
provide matching grants of up to $50,000 each to school districts 12,086
to develop pilot character education programs.
Substance Abuse Prevention 12,088
Of the foregoing appropriation item 200-574, Substance 12,090
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 12,091
$2,120,000 in fiscal year 2001 shall be used for the Substance 12,092
Abuse Coordinators Program. Of the foregoing appropriation item 12,093
200-574, Substance Abuse Prevention, up to $300,000 in each
fiscal year of the biennium shall be used for the Substance Abuse 12,094
Prevention Student Assistance Program. 12,095
12th Grade Proficiency Stipend 12,097
The foregoing appropriation item 200-575, 12th Grade 12,099
Proficiency Stipend, shall be used to fund a $500 scholarship to 12,100
252
each student who meets the requirements of section 3365.15 of the 12,101
Revised Code.
Within thirty days of the effective date of this section, 12,103
the Director of Budget and Management shall transfer the 12,104
appropriation for this program to the Ohio Board of Regents for 12,105
its administration.
Auxiliary Services Mobile Repair 12,107
Notwithstanding section 3317.064 of the Revised Code, if 12,109
the unobligated cash balance is sufficient, the Treasurer of 12,110
State shall transfer $1,500,000 in fiscal year 2000 within thirty 12,111
days of the effective date of this section and $1,500,000 in 12,112
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 12,113
Personnel Unemployment Compensation Fund to the Department of 12,114
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 12,115
Within 30 days after the effective date of this section, 12,117
the Superintendent of Public Instruction shall certify to the 12,118
Director of Budget and Management the amount of cash to be 12,119
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 12,120
Educational Grants Fund, Fund 620.
Section 4.19. Lottery Profits Education Fund 12,122
Appropriation item fund 017 200-612, Base Cost Funding, 12,125
shall be used in conjunction with GRF appropriation item 200-501, 12,126
Base Cost Funding, to provide payments to school districts
pursuant to Chapter 3317. of the Revised Code. 12,128
Of the foregoing appropriation item fund 017 200-612, Base 12,131
Cost Funding, $25,000,000 in each fiscal year shall be used from 12,132
the funds transferred from the Unclaimed Prizes Trust Fund 12,133
pursuant to the section entitled "Transfers from the Unclaimed 12,134
Prizes Fund" of this act.
The Department of Education, with the approval of the 12,136
Director of Budget and Management, shall determine the monthly 12,137
distribution schedules of the GRF appropriation item 200-501 and 12,138
fund 017 appropriation item 200-610. If adjustments to the 12,139
monthly distribution schedule are necessary, the Department of 12,141
253
Education shall make such adjustments with the approval of the 12,142
Director of Budget and Management. 12,143
The Director of Budget and Management shall transfer the 12,145
amount appropriated under the Lottery Profits Education Fund for 12,146
appropriation item 200-682, Lease Rental Payment Reimbursement, 12,147
to the General Revenue Fund on a schedule determined by the 12,148
director. These funds shall support the GRF appropriation item 12,149
230-428, Lease Rental Payments, of the School Facilities 12,150
Commission. 12,151
Lottery Profits Transfers* 12,153
On 15th day of May of each fiscal year, the Director of 12,155
Budget and Management shall determine if lottery profits 12,156
transfers will meet the appropriation amounts from the Lottery 12,157
Profits Education Fund. 12,158
On or after the date specified in each fiscal year, if the 12,160
director determines that lottery profits will not meet 12,161
appropriations and if other funds are not available to meet the 12,162
shortfall, the Superintendent of Public Instruction shall take 12,163
the actions specified under the "Reallocation of Funds" section 12,165
of this act.
Transfers from the Unclaimed Prizes Fund 12,167
By January 15 of fiscal year 2000 and by January 15 of 12,169
fiscal year 2001, the Director of Budget and Management shall 12,171
transfer $25,000,000 from the State Lottery Commission's 12,172
Unclaimed Prizes Fund to the Lottery Profits Education Fund, to
be used solely for purposes specified in the Department of 12,173
Education's budget. Transfers of unclaimed prizes under this 12,174
provision shall not count as lottery profits in the determination 12,175
made concerning excess profits titled "Lottery Profits" under the 12,177
Department of Education in this act.
Teacher Certification and Licensure 12,179
The foregoing appropriation item 200-681, Teacher 12,181
Certification and Licensure, shall be used by the Department of 12,182
Education in each year of the biennium to administer teacher 12,183
254
certification and licensure functions pursuant to sections 12,184
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 12,185
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 12,186
3319.51 of the Revised Code. 12,187
Section 4.20. Property Tax Allocation 12,189
The Superintendent of Public Instruction shall not request 12,191
and the Controlling Board shall not approve the transfer of funds 12,192
from appropriation item 200-901, Property Tax 12,193
Allocation-Education, to any other appropriation line item. 12,194
School District Solvency Assistance 12,196
The foregoing appropriation item 200-687, School District 12,198
Solvency Assistance, shall be used to make advancements to school 12,200
districts to enable them to remain solvent pursuant to section
3316.20 of the Revised Code. Advancements shall be subject to 12,201
approval by the Controlling Board. Reimbursements from school 12,203
districts for any amounts advanced shall be made to the School 12,204
District Solvency Assistance Fund. 12,205
Section 4.21. Distribution Formulas* 12,207
The Department of Education shall report the following to 12,209
the Director of Budget and Management, the Legislative Office of 12,210
Education Oversight, and the Legislative Budget Officer of the 12,211
Legislative Service Commission: 12,212
(A) Changes in formulas for distributing state 12,214
appropriations, including administratively defined formula 12,215
factors; 12,216
(B) Discretionary changes in formulas for distributing 12,218
federal appropriations; 12,219
(C) Federally mandated changes in formulas for 12,221
distributing federal appropriations. 12,222
Any such changes shall be reported two weeks prior to the 12,224
effective date of the change. 12,225
Section 4.22. Educational Service Centers Funding 12,227
Notwithstanding division (B) of section 3317.11 of the 12,229
Revised Code, no funds shall be provided to an educational 12,230
255
service center in either fiscal year for any pupils of a city or 12,231
exempted village school district unless an agreement to provide 12,232
services under section 3313.843 of the Revised Code was entered
into by January 1, 1997, except that funds shall be provided to 12,233
an educational service center for any pupils of a city school 12,234
district if the agreement to provide services was entered into 12,235
within one year of the date upon which such district changed from 12,236
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2000 for the 12,237
purposes of division (B) of section 3317.11 of the Revised Code, 12,238
the department shall first distribute to each educational service 12,239
center $32 per pupil in its service center ADM, as defined in 12,240
that section. The remaining funds in the fiscal year shall be 12,241
distributed to each educational service center at a rate of $32 12,242
per pupil in its client ADM, as defined in that section, that is
attributable to each city and exempted village school district 12,243
that had entered into an agreement with an educational service 12,244
center for that fiscal year under section 3313.843 of the Revised 12,245
Code by January 1, 1997, in order of the dates on which such 12,246
agreements were entered into, beginning with the earliest such 12,247
date; except that any service center that received funds for the
pupils of a city or exempted village school district in fiscal 12,248
year 1999 shall receive funds for the pupils of such district in 12,249
fiscal year 2000 if such district has entered into an agreement 12,250
with that educational service center for that fiscal year. If 12,251
insufficient funds are appropriated in fiscal year 2001 for the 12,252
purposes of division (B) of section 3317.11 of the Revised Code, 12,253
the department shall first distribute to each educational service 12,254
center $32 per pupil in its service center ADM. The remaining 12,255
funds in the fiscal year shall be distributed to each educational 12,256
service center at a rate of $32 per pupil in its client ADM 12,258
attributable to each city and exempted village school district
that had entered into an agreement with an educational service 12,259
center for that fiscal year under section 3313.843 of the Revised 12,260
256
Code by January 1, 1997, in order of the dates on which such 12,261
agreements were entered into, beginning with the earliest such 12,262
date; except that any educational service center that received 12,263
funds for the pupils in the ADM of a city or exempted village
school district in both fiscal years 1999 and 2000 shall receive 12,264
funds for the pupils of such district in fiscal year 2001 if such 12,265
district has entered into an agreement with that educational 12,266
service center for that fiscal year.
Section 4.23. Distribution-School District Subsidy 12,268
Payments 12,269
The provisions of this section shall not take effect unless 12,272
the Director of Budget and Management adopts an order putting 12,273
them into effect and certifies a copy of the order to the 12,274
Superintendent of Public Instruction and the Controlling Board. 12,275
Notwithstanding any other provision of the Revised Code, 12,277
the monthly distribution of payments made to school districts and 12,278
educational service centers pursuant to section 3317.01 of the 12,279
Revised Code for the first six months of each fiscal year shall 12,281
equal, as nearly as possible, six and two-thirds per cent of the 12,282
estimate of the amounts payable for each fiscal year. The 12,283
monthly distribution of payments for the last six months of each 12,284
fiscal year shall equal, as nearly as possible, ten per cent of 12,285
the final calculation of the amounts payable to each school 12,286
district for that fiscal year.
The treasurer of each school district or educational 12,288
service center may accrue, in addition to the payments defined in 12,290
this section, to the accounts of the calendar years that end 12,291
during each fiscal year, the difference between the sum of the 12,292
first six months' payments in each fiscal year and the amounts 12,293
the district would have received had the payments been made in, 12,294
as nearly as possible in each fiscal year, twelve equal monthly 12,295
payments.
Notwithstanding the limitations on the amount of borrowing 12,297
and time of payment provided for in section 133.10 of the Revised 12,298
257
Code but subject to the provisions of sections 133.26 and 133.30 12,299
of the Revised Code, a board of education of a school district 12,300
may at any time between July 1, 1999, and December 31, 1999, or 12,301
at any time between July 1, 2000, and December 31, 2000, borrow 12,302
money to pay any necessary and actual expenses of the school 12,303
district during the last six months of calendar years 1999 and 12,304
2000 and in anticipation of the receipt of any portion of the 12,305
payments to be received by that district in the first six months 12,306
of calendar years 2000 and 2001 representing the respective 12,307
amounts accrued pursuant to the preceding paragraph, and issue 12,308
notes to evidence that borrowing to mature no later than the 12,309
thirtieth day of June of the calendar year following the calendar 12,310
year in which such amount was borrowed. The principal amount 12,311
borrowed in the last six months of calendar years 1999 or 2000 12,312
under this paragraph may not exceed the entire amount accrued or 12,313
to be accrued by the district treasurer in those calendar years 12,314
pursuant to the preceding paragraph. The proceeds of the notes 12,315
shall be used only for the purposes for which the anticipated 12,316
receipts are lawfully appropriated by the board of education. No 12,317
board of education shall be required to use the authority granted 12,318
by this paragraph. The receipts so anticipated, and additional 12,319
amounts from distributions to the districts in the first six 12,320
months of calendar years 2000 and 2001 pursuant to Chapter 3317. 12,321
of the Revised Code needed to pay the interest on the notes, 12,322
shall be deemed appropriated by the board of education to the 12,323
extent necessary for the payment of the principal of and interest 12,324
on the notes at maturity, and the amounts necessary to make those 12,325
monthly distributions are hereby appropriated from the General 12,326
Revenue Fund. For the purpose of better ensuring the prompt 12,327
payment of principal of and interest on the notes when due, the 12,328
resolution of the board of education authorizing the notes may 12,329
direct that the amount of the receipts anticipated, together with 12,330
those additional amounts needed to pay the interest on the 12,331
borrowed amounts, shall be deposited and segregated, in trust or 12,332
258
otherwise, to the extent, at the time or times, and in the manner 12,333
provided in that resolution. The borrowing authorized by this 12,334
section shall not constitute debt for purposes of section 133.04 12,335
of the Revised Code. School districts shall be reimbursed by the 12,336
state for all necessary and actual costs to districts arising 12,337
from this provision, including, without limitation, the interest 12,338
paid on the notes while the notes are outstanding. The 12,339
Department of Education shall adopt rules that are not 12,340
inconsistent with this section for school district eligibility 12,341
and application for reimbursement of such costs. Payments of 12,342
these costs shall be made out of any anticipated balances in 12,343
appropriation items distributed under Chapter 3317. of the 12,344
Revised Code. The department shall submit all requests for 12,345
reimbursement under these provisions to the Controlling Board for 12,346
approval. 12,347
During the last six months of each calendar year, instead 12,349
of deducting the amount the Superintendent of Public Instruction 12,350
would otherwise deduct from a school district's or educational 12,352
service center's state aid payments in accordance with the 12,353
certifications made for such year pursuant to sections 3307.56 12,354
and 3309.51 of the Revised Code, the superintendent shall deduct 12,356
an amount equal to forty per cent of the amount so certified. 12,357
The secretaries of the retirement systems shall compute the 12,358
certifications for the ensuing year under such sections as if the 12,359
entire amounts certified as due in the calendar year ending the 12,360
current fiscal year, but not deducted pursuant to this paragraph, 12,361
had been deducted and paid in that calendar year. During the 12,362
first six months of the ensuing calendar year, in addition to 12,363
deducting the amounts the Superintendent of Public Instruction is 12,364
required to deduct under such sections during such period, the 12,365
superintendent shall deduct from a district's or educational 12,366
service center's state aid payments an additional amount equal to 12,368
the amount that was certified as due from the district for the 12,369
calendar year that ends during the fiscal year, but that was not 12,370
259
deducted because of this paragraph. The superintendent's 12,371
certifications to the Director of Budget and Management during 12,372
the first six months of the calendar year shall reflect such 12,373
additional deduction.
Section 4.24. Reallocation of Funds 12,375
(A) As used in this section: 12,377
(1) "Basic aid" means the amount calculated for the school 12,380
district received for the fiscal year under divisions (A) and (C) 12,381
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, 12,383
3317.0212, and 3317.0213 of the Revised Code and the amount 12,384
computed for a joint vocational school district under section 12,385
3317.16 of the Revised Code.
(2) "Nonbasic aid" means the amount computed for a school 12,388
district for fiscal year 2000 or fiscal year 2001 under Chapter 12,389
3317. of the Revised Code and this act, excluding the district's 12,390
basic aid and the amount computed under such chapter and acts for 12,391
educational service centers, MR/DD boards, and institutions. 12,392
(B) If in either fiscal year of the biennium the Governor 12,394
issues an order under section 126.05 of the Revised Code to 12,395
reduce expenditures and incurred obligations and the order 12,396
requires the superintendent to reduce such state education 12,397
payments, or if lottery profits transfers are insufficient to 12,399
meet the amounts appropriated from the Lottery Profits Education 12,400
Fund for base cost funding, and if other funds are not sufficient 12,401
to offset the shortfall, the superintendent shall reduce nonbasic 12,403
aid payments so that the total amount expended in the fiscal year 12,404
will not exceed the amount available for expenditure pursuant to 12,405
the Governor's order. Subject to Controlling Board approval, the 12,406
superintendent shall reallocate appropriations not yet expended 12,407
from one program to another. 12,408
(C)(1) If further reductions in nonbasic aid are necessary 12,411
following the reallocations implemented pursuant to division (B) 12,412
of this section, the superintendent shall request the Controlling 12,413
Board to approve the use of the money appropriated by this 12,414
260
division. The superintendent shall include with the 12,415
superintendent's request a report listing the amount of
reductions that each school district will receive if the request 12,416
is not approved, and also the amount of the reduction, if any, 12,417
that will still be required if the use of the money appropriated 12,418
by this section is approved.
(2) In accordance with division (C)(1) of this section, 12,420
there is hereby appropriated to the Department of Education from 12,421
the unobligated balance remaining in the Lottery Profits 12,422
Education Fund at the end of fiscal year 1999 the lesser of: the 12,423
unobligated balance in the fund, or the amount needed to preclude 12,425
a reallocation pursuant to this section. The money appropriated 12,426
by this division may be spent or distributed by the department 12,427
only with the approval of the Controlling Board. 12,428
(D) If reductions in nonbasic aid are still necessary 12,431
following the actions taken pursuant to divisions (B) and (C) of 12,432
this section, the superintendent shall determine by what 12,433
percentage expenditures for nonbasic aid must be reduced for the 12,434
remainder of the fiscal year to make the total amount distributed 12,435
for the year equal the amount appropriated or available for 12,436
distribution. The superintendent shall reduce by that percentage 12,437
the amount to be paid in nonbasic aid to each city, exempted 12,438
village, local, and joint vocational school district, to each 12,439
educational service center, to each county board of mental 12,440
retardation and developmental disabilities, and to each 12,441
institution providing special education programs under section 12,442
3323.091 of the Revised Code for the remainder of the fiscal 12,443
year.
Section 4.25. Lottery Profits 12,445
(A) There is hereby created the Lottery Profits Education 12,447
Reserve Fund (Fund 018) in the State Treasury. At no time shall 12,448
the amount to the credit of the fund exceed $75,000,000. 12,449
Investment earnings of the Lottery Profits Education Reserve Fund 12,450
shall be credited to the fund. Notwithstanding any provisions of 12,451
261
law to the contrary, for fiscal years 2000 and 2001, there is 12,452
hereby appropriated to the Department of Education, from the 12,453
Lottery Profits Education Reserve Fund, an amount necessary to 12,454
make loans authorized by sections 3317.0210, 3317.0211, and 12,455
3317.62 of the Revised Code. All loan repayments from loans made 12,456
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 12,457
shall be deposited into the credit of the Lottery Profits 12,458
Education Reserve Fund.
(B)(1) On or before July 15, 1999, the Director of Budget 12,460
and Management shall determine the amount by which lottery profit 12,461
transfers received by the Lottery Profits Education Fund for 12,462
fiscal year 1999 exceed $688,873,028. The amount so certified 12,464
shall be distributed in fiscal year 2000 pursuant to divisions 12,466
(C) and (D) of this section.
(2) On or before July 15, 2000, the Director of Budget and 12,468
Management shall determine the amount by which lottery profit 12,469
transfers received by the Lottery Profits Education Fund for 12,470
fiscal year 2000 exceed $661,000,000. The amount so determined 12,471
shall be distributed in fiscal year 2001 pursuant to divisions 12,472
(E) and (F) of this section. 12,473
The Director of Budget and Management shall annually 12,475
certify the amounts determined pursuant to this section to the 12,476
Speaker of the House of Representatives and the President of the 12,477
Senate.
(C) Not later than June 15, 2000, the Department of 12,479
Education, in consultation with the Director of Budget and 12,480
Management, shall determine, based upon estimates, if a 12,481
reallocation of funds as described in the section of this act 12,482
titled "Reallocation of Funds" is required. 12,483
If a reallocation of funds is required, then the 12,485
Superintendent of Public Instruction shall request Controlling 12,486
Board approval for a release of any balances in the Lottery 12,487
Profits Education Fund available for the purpose of this division 12,488
and pursuant to divisions (C)(1) and (2) of the section of this 12,489
262
act titled "Reallocation of Funds." Any moneys so released are 12,490
hereby appropriated. 12,491
(D) In fiscal year 2000, if the Department of Education 12,493
does not determine that a reallocation of funds is necessary by 12,494
the fifteenth day of June, as provided in division (C) of this 12,496
section, or if there is a balance in the Lottery Profits 12,497
Education Fund after the release of any amount needed to preclude 12,498
a reallocation of funds as provided in division (C) of this 12,499
section, the moneys in the Lottery Profits Education Fund shall 12,500
be allocated as provided in this division. Any amounts so 12,501
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 12,503
profits of $688,873,028 in fiscal year 1999 or the amount 12,504
remaining in the fund, whichever is the lesser amount, shall be 12,505
transferred to the Lottery Profits Education Reserve Fund within 12,506
the limitations specified in division (A) of this section and be 12,507
reserved and shall not be available for allocation or 12,508
distribution during fiscal year 2000. Any amounts exceeding 12,509
$75,000,000 shall be distributed pursuant to division (G) of this 12,510
section. 12,511
(E) Not later than June 15, 2001, the Department of 12,513
Education, in consultation with the Director of Budget and 12,514
Management, shall determine, based upon estimates, if a 12,515
reallocation of funds as described in the section of this act 12,516
titled "Reallocation of Funds" is required. 12,517
If a reallocation of funds is required, then the 12,519
Superintendent of Public Instruction shall request Controlling 12,520
Board approval for a release of any balances in the Lottery 12,521
Profits Education Fund available for the purpose of this division 12,522
and pursuant to divisions (C)(1) and (2) of the section of this 12,523
act titled "Reallocation of Funds." Any moneys so released are 12,524
hereby appropriated. 12,525
(F) In fiscal year 2001, if the Department of Education 12,527
does not determine that a reallocation of funds is necessary by 12,528
263
the fifteenth day of June, as provided in division (E) of this 12,530
section, or if there is a balance in the Lottery Profits 12,531
Education Fund after the release of any amount needed to preclude 12,532
a reallocation of funds as provided in division (E) of this 12,533
section, the moneys in the Lottery Profits Education Fund shall 12,534
be allocated as provided in this division. Any amounts so 12,535
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 12,537
profits transfers of $661,000,000 in fiscal year 2000 or the 12,538
amount remaining in the fund, whichever is the lesser amount, 12,539
shall be transferred to the Lottery Profits Education Reserve 12,540
Fund within the limitations specified in division (A) of this 12,541
section and be reserved and shall not be available for allocation 12,542
or distribution during fiscal year 2001. Any amounts exceeding 12,543
$75,000,000 shall be distributed pursuant to division (G) of this 12,545
section.
(G) In the appropriate fiscal year, any remaining amounts 12,547
after the operations required by division (D) or (F) of this 12,548
section, respectively, shall be available for distribution in 12,549
accordance with this division. 12,550
(1) As used in this division: 12,552
(a) "State basic aid" means: 12,554
(i) In the case of a city, local, or exempted village 12,556
school district, the amount computed for a district under 12,557
sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the 12,558
Revised Code, plus any amount computed for the district under 12,559
section 3317.0212 of the Revised Code; 12,560
(ii) In the case of a joint vocational school district, 12,562
the amount calculated under section 3317.16 of the Revised Code. 12,563
(b) "ADM" means: 12,565
(i) In the case of a city, local, or exempted village 12,567
school district, the district's formula ADM as defined in section 12,568
3317.02 of the Revised Code, minus the portion of ADM computed 12,569
under division (A)(3) of section 3317.03 of the Revised Code for 12,570
264
students that are enrolled in a joint vocational school district; 12,571
(ii) In the case of a joint vocational school district, 12,573
the district's formula ADM as defined in that section. 12,574
(2) Ninety-seven and forty-three one-hundredths per cent 12,576
of the amount made available for distribution under this division 12,577
in each fiscal year shall be distributed to city, local, joint 12,578
vocational, and exempted village school districts eligible to 12,579
receive funds pursuant to Chapter 3317. of the Revised Code in 12,580
proportion to the percentage that the ADM of each such district 12,581
is of the ADM of all districts and shall be for the use of the 12,582
public schools of the district. Two and fifty-seven 12,583
one-hundredths per cent of such amount made available for 12,584
distribution under this division in each fiscal year shall be 12,585
distributed to nonpublic schools for the purposes of section 12,586
3317.063 of the Revised Code. Not later than the first day of 12,587
March of each fiscal year, the Department of Education shall 12,588
compute each school district's share for that year of the amount 12,589
to be distributed under this division and shall, subject to 12,590
Controlling Board approval, distribute the shares so determined. 12,591
Amounts distributed to school districts pursuant to this 12,593
division shall be used solely to purchase textbooks and 12,594
equipment. If funds have been appropriated by a board for any 12,595
purposes permitted under this section, the amounts distributed to 12,596
the district or educational service center under this division 12,597
shall be used for additional expenditures for such purposes and 12,598
shall not be substituted for funds previously appropriated by the 12,599
board.
(3) Districts and nonpublic schools shall report to the 12,601
Department of Education no later than the last day of May of each 12,602
fiscal year on the usage of funds received under this division. 12,603
The Department shall compile district data and report on the 12,604
usage of all funds distributed under this division to the 12,605
Controlling Board by the last day of June of each fiscal year. 12,606
If the Department determines that a district used funds 12,607
265
distributed pursuant to this division for purposes not permitted, 12,608
it shall reduce the district's state basic aid payments for the 12,609
ensuing fiscal year by the amount improperly used. 12,610
It is the intent of the General Assembly that moneys 12,612
distributed pursuant to this section shall not be included in any 12,613
spending base calculations when appropriations for the 2001-2002 12,614
biennium are being considered. 12,615
Section 4.26.* For the school year commencing July 1, 12,617
1999, or the school year commencing July 1, 2000, or both, the 12,618
Superintendent of Public Instruction may waive for the board of 12,619
education of any school district the ratio of teachers to pupils 12,620
in kindergarten through fourth grade required under paragraph 12,621
(A)(3) of rule 3301-35-03 of the Administrative Code if the 12,622
following conditions apply: 12,623
(A) The board of education requests the waiver; 12,625
(B) After the Department of Education conducts an on-site 12,627
evaluation of the district related to meeting the required ratio, 12,628
the board of education demonstrates to the satisfaction of the 12,629
Superintendent of Public Instruction that providing the 12,631
facilities necessary to meet the required ratio during the 12,632
district's regular school hours with pupils in attendance would 12,633
impose an extreme hardship on the district; 12,634
(C) The board of education provides assurances that are 12,636
satisfactory to the Superintendent of Public Instruction that the 12,637
board will act in good faith to meet the required ratio as soon 12,638
as possible. 12,639
Section 4.27.* Teacher and Nonteacher Salary Schedules 12,641
(A) As used under this heading: 12,643
(1) "Teachers' salary schedule" means the salary schedule 12,646
adopted pursuant to section 3317.14 of the Revised Code, except 12,647
that it does not include any separate salary level for teachers 12,648
with twelve or more years of service or for any separate level of 12,649
training and experience except those levels separately set forth 12,650
in the salary schedule in section 3317.13 of the Revised Code. 12,651
266
(2) "Nonteaching salary schedule" means the salary 12,654
schedule adopted pursuant to section 3317.12 of the Revised Code. 12,655
(B) If the salary for any number of years' service at any 12,657
level of training and experience in a board of education's 12,658
teachers' salary schedule that was in effect on June 30, 1994, 12,659
was less than the amount required for that number of years' 12,660
service at that level in order to be in compliance with the 12,661
minimum salary requirements imposed by this act for the 1994-1995 12,662
school year, that board shall increase the salaries for each 12,663
position classification and level of service in the nonteaching 12,664
salary schedule for the 1994-1995 school year as follows: 12,665
(1) Add the salaries at each level of training and 12,667
experience in the teachers' salary schedule that was in effect on 12,668
June 30, 1994. 12,669
(2) At each level of training and experience, increase the 12,671
salary in the June 30, 1994, teachers' salary schedule if an 12,672
increase is required for the 1994-1995 school year in order to 12,673
bring that schedule into compliance with this act, but do not 12,674
increase the salary to more than the minimum amount required to 12,675
be in compliance. 12,676
(3) Recompute division (B)(1) under this heading, 12,678
substituting the increased salaries included in division (B)(2) 12,679
under this heading. 12,680
(4) Divide the sum obtained in division (B)(3) under this 12,682
heading by the sum obtained in division (B)(1) under this 12,683
heading. 12,684
(5) Multiply the salary for each position classification 12,686
and level of service included in the nonteaching salary schedule 12,687
by the quotient obtained in division (B)(4) under this heading. 12,688
No school district affected by this division shall pay any 12,690
nonteaching school employee for the 1994-1995 school year at a 12,691
rate that is less than that to which the employee would be 12,692
entitled if the employee were paid under the adjusted nonteaching 12,694
salary schedule computed under division (B)(5) of this heading. 12,695
267
Section 4.28.* Notwithstanding any provision of division 12,697
(F) of section 3311.06 of the Revised Code limiting interdistrict 12,700
payments under annexation agreements to amounts certified under 12,701
former section 3317.029 of the Revised Code, a party to an 12,702
annexation agreement entered into prior to the effective date of 12,703
this section which contains an agreement to pay, in respect of
its territory which is annexed territory, an amount which exceeds 12,704
or exceeded the amount certified under former section 3317.029 of 12,705
the Revised Code may pay such agreed amount, if the agreement 12,706
expressly states the intention of the parties not to be bound by 12,707
such limitation if so permitted by law. 12,708
Section 4.29. Private Treatment Facility Pilot Project 12,710
(A) As used in this section: 12,712
(1) The following are "participating residential treatment 12,714
centers":
(a) Private residential treatment facilities which have 12,716
entered into a contract with the Ohio Department of Youth 12,717
Services to provide services to children placed at the facility 12,718
by the department and which, in fiscal year 2000 or 2001 or both, 12,720
the department pays through appropriation item 470-401, Care and 12,721
Custody.
(b) Abraxas, in Shelby; 12,723
(c) Paint Creek, in Bainbridge; 12,725
(d) Act One, in Akron; 12,727
(e) Friars Club, in Cincinnati. 12,729
(2) "Education program" means an elementary or secondary 12,731
education program or a special education program and related 12,732
services. 12,733
(3) "Served child" means any child receiving an education 12,735
program pursuant to division (B) of this section. 12,736
(4) "School district responsible for tuition" means a 12,738
city, exempted village, or local school district that, if tuition 12,739
payment for a child by a school district is required under law 12,740
that existed in fiscal year 1998, is the school district required 12,742
268
to pay that tuition.
(5) "Residential child" means a child who resides in a 12,744
participating residential treatment center and who is receiving 12,745
an educational program under division (B) of this section. 12,746
(B) A youth who is a resident of the state and has been 12,749
assigned by a juvenile court or other authorized agency to a 12,750
residential treatment facility specified in division (A) of this 12,751
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational 12,753
program shall be contingent upon compliance with the criteria 12,754
established for such programs by the Department of Education. 12,755
The educational program shall be provided by a school district or 12,757
educational service center, or by the residential facility 12,758
itself. Maximum flexibility shall be given to the residential 12,759
treatment facility to determine the provider. In the event that 12,760
a voluntary agreement cannot be reached and the residential 12,761
facility does not choose to provide the educational program, the 12,762
educational service center in the county in which the facility is 12,763
located shall provide the educational program at the treatment 12,764
center to children under the age of twenty-two years residing in 12,765
the treatment center.
(C) Any school district responsible for tuition for a 12,768
residential child shall, notwithstanding any conflicting 12,769
provision of the Revised Code regarding tuition payment, pay 12,770
tuition for the child for fiscal years 2000 and 2001 to the 12,771
education program provider and in the amount specified in this 12,772
division. If there is no school district responsible for tuition 12,773
for a residential child and if the participating residential 12,774
treatment center to which the child is assigned is located in the 12,775
city, exempted village, or local school district that, if the 12,776
child were not a resident of that treatment center, would be the 12,777
school district where the child is entitled to attend school 12,778
under sections 3313.64 and 3313.65 of the Revised Code, that 12,779
school district shall, notwithstanding any conflicting provision 12,780
269
of the Revised Code, pay tuition for the child for fiscal years 12,781
2000 and 2001 under this division unless that school district is 12,782
providing the educational program to the child under division (B) 12,783
of this section.
A tuition payment under this division shall be made to the 12,785
school district, educational service center, or residential 12,786
treatment facility providing the educational program to the 12,787
child. 12,788
The amount of tuition paid shall be: 12,790
(1) The amount of tuition determined for the district 12,792
under division (A) of section 3317.08 of the Revised Code; 12,793
(2) In addition, for any student receiving special 12,795
education pursuant to an individualized education program as 12,796
defined in section 3323.01 of the Revised Code, a payment for 12,797
excess costs. This payment shall equal the actual cost to the 12,798
school district, educational service center, or residential
treatment facility of providing special education and related 12,799
services to the student pursuant to the student's individualized 12,800
education program, minus the tuition paid for the child under 12,801
division (C)(1) of this section. 12,802
A school district paying tuition under this division shall 12,804
not include the child for whom tuition is paid in the district's 12,805
average daily membership certified under division (A) of section 12,806
3317.03 of the Revised Code.
(D) In each of fiscal years 2000 and 2001, the Department 12,808
of Education shall reimburse, from appropriations made for the 12,809
purpose, a school district, educational service center, or 12,810
residential treatment facility, whichever is providing the 12,811
service, which has demonstrated that it is in compliance with the 12,812
funding criteria for each served child for whom a school district 12,813
must pay tuition under division (C) of this section. The amount 12,814
of this reimbursement in either fiscal year shall be the formula 12,816
amount specified in section 3317.022 of the Revised Code except 12,817
that the department shall proportionately reduce this 12,818
270
reimbursement if sufficient funds are not available to pay this 12,819
amount to all qualified providers.
(E) Funds provided to a school district, educational 12,821
service center, or residential treatment facility under this 12,822
section shall be used to supplement, not supplant, funds from 12,823
other public sources for which the school district, service 12,825
center, or residential treatment facility is entitled or 12,826
eligible.
(F) The Department of Education shall track the 12,828
utilization of funds provided to school districts, educational 12,830
service centers, and residential treatment facilities under this 12,831
section and monitor the effect of the funding on the educational 12,832
programs they provide in participating residential treatment 12,833
facilities. The department shall monitor the programs for
educational accountability. 12,834
Section 4.30. The Superintendent of Public Instruction 12,836
shall contract with an independent research entity to develop a 12,837
methodology and research design for an evaluation of the pilot 12,839
project approved pursuant to section 3313.975 of the Revised 12,840
Code. The independent research entity shall consult with the 12,841
Legislative Office of Education Oversight in the development of
the methodology and research for the evaluation. The evaluation 12,842
shall consist of two parts. The first part shall be a formative 12,843
evaluation examining the implementation of the program, which 12,844
shall be completed by December 31, 1997. The second part shall 12,845
be a comprehensive evaluation of the results of the program, 12,846
which shall be completed by September 1, 1999. The comprehensive 12,848
evaluation shall include at a minimum a study of the impact of
scholarships on student attendance, conduct, commitment to 12,849
education, and standardized test scores; parental involvement; 12,850
the school district's ability to provide services to district 12,851
students; and the availability of alternative educational 12,852
opportunities. The evaluation shall also study the economic 12,853
impact of scholarships on the school district. 12,854
271
Section 4.31. Notwithstanding division (C)(1) of section 12,856
3313.975 of the Revised Code, in addition to students in 12,858
kindergarten through third grade, initial scholarships may be 12,859
awarded to fourth, fifth, and sixth grade students in fiscal year 12,861
2000 and to fourth, fifth, sixth, and seventh grade students in
fiscal year 2001. 12,862
Section 4.32. Notwithstanding Chapter 3318. of the Revised 12,865
Code, for purposes of complying with the local share and
repayment tax requirements of section 3318.05 of the Revised 12,866
Code, any school district given conditional approval for 12,867
classroom facilities assistance under section 3318.04 of the 12,868
Revised Code as of January 1, 1993, that approved a replacement 12,869
permanent improvement levy at the November 5, 1996, election 12,870
shall be permitted to use the proceeds of such levy, and any 12,871
notes issued or to be issued in anticipation thereof, as 12,872
available funds, within the meaning specified under section 12,873
3318.03 of the Revised Code, to pay the local share of the cost 12,874
of the approved classroom facilities project. Notwithstanding 12,875
the local share as previously determined for purposes of the 12,876
conditional approval of the project, the local share shall be 12,877
equal to the amount of proceeds to be obtained by the district 12,878
under such replacement permanent improvement levy. Such school 12,879
districts shall not be required to obtain approval of either of 12,880
the propositions described in divisions (A) or (B) of section 12,881
3318.051 of the Revised Code. The agreement required under 12,882
section 3318.08 of the Revised Code for the construction and sale 12,884
of the project shall include provisions for the transfer of the 12,885
proceeds of the replacement permanent improvement levy, and any 12,886
notes issued in anticipation thereof, to the school district's 12,887
project construction account, and for the levy of the replacement 12,888
permanent improvement levy.
Section 5. HEF HIGHER EDUCATION FACILITIES COMMISSION 12,890
Agency Fund Group 12,892
461 372-601 Operating Expenses $ 12,000 $ 12,000 12,897
272
TOTAL AGY Agency Fund Group $ 12,000 $ 12,000 12,900
TOTAL ALL BUDGET FUND GROUPS $ 12,000 $ 12,000 12,903
Section 6. LOT STATE LOTTERY COMMISSION 12,906
State Lottery Fund Group 12,908
044 950-100 Personal Services $ 22,754,332 $ 23,095,613 12,913
044 950-200 Maintenance $ 24,644,625 $ 25,296,625 12,917
044 950-300 Equipment $ 3,841,880 $ 3,274,320 12,921
044 950-402 Game and Advertising 12,923
Contracts $ 63,542,098 $ 64,378,735 12,925
044 950-601 Prizes, Bonuses, and 12,927
Commissions $ 173,555,000 $ 172,025,000 12,929
871 950-602 Annuity Prizes $ 180,660,880 $ 190,243,265 12,933
872 950-603 Unclaimed Prize 12,935
Awards $ 14,500,000 $ 10,700,000 12,937
TOTAL SLF State Lottery Fund 12,938
Group $ 483,498,815 $ 489,013,558 12,941
TOTAL ALL BUDGET FUND GROUPS $ 483,498,815 $ 489,013,558 12,944
Operating Expenses 12,947
The foregoing appropriation items include all amounts 12,949
necessary for the purchase and printing of tickets, consultant 12,950
services, and advertising. The Controlling Board may, at the 12,951
request of the State Lottery Commission, authorize additional 12,952
appropriations for operating expenses of the State Lottery 12,953
Commission from the State Lottery Fund up to a maximum of 15 per 12,954
cent of anticipated total revenue accruing from the sale of 12,955
lottery tickets. Amounts authorized by the Controlling Board are 12,956
hereby appropriated. 12,957
Prizes, Bonuses, and Commissions 12,959
Any amounts, in addition to the amounts appropriated in 12,962
appropriation item 950-601, Prizes, Bonuses, and Commissions, 12,963
which are determined by the director of the State Lottery
Commission to be necessary to fund prizes, bonuses, and 12,965
commissions are hereby appropriated.
Annuity Prizes 12,967
273
With the approval of the Office of Budget and Management, 12,969
the State Lottery Commission shall transfer cash from the State 12,970
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund 12,971
(Fund 871), in an amount sufficient to fund deferred prizes. The 12,972
Treasurer of State shall, from time to time, credit the Deferred 12,973
Prizes Trust Fund (Fund 871) the pro rata share of interest 12,974
earned by the Treasurer of State on invested balances. 12,975
Any amounts, in addition to the amounts appropriated in 12,978
appropriation item 950-602, Annuity Prizes, which are determined 12,979
by the director of the State Lottery Commission to be necessary 12,980
to fund deferred prizes and interest earnings are hereby 12,982
appropriated.
Section 7. BOR BOARD OF REGENTS 12,984
General Revenue Fund 12,986
GRF 235-321 Operating Expenses $ 3,106,261 $ 3,201,422 12,991
GRF 235-401 Rental Payments to 12,993
the Ohio Public
Facilities Commission $ 365,552,000 $ 377,490,000 12,995
GRF 235-402 Sea Grants $ 299,940 $ 299,940 12,999
GRF 235-403 Math/Science Teaching 13,001
Improvement $ 2,200,000 $ 1,700,000 13,003
GRF 235-404 College Readiness 13,005
Initiatives $ 2,650,000 $ 2,564,000 13,007
GRF 235-406 Articulation and 13,009
Transfer $ 1,000,000 $ 1,000,000 13,011
GRF 235-408 Midwest Higher 13,013
Education Compact $ 75,000 $ 75,000 13,015
GRF 235-409 Information System $ 1,389,819 $ 1,389,819 13,019
GRF 235-414 State Grants and 13,021
Scholarship
Administration $ 1,360,630 $ 1,401,449 13,023
GRF 235-415 Jobs Challenge $ 8,743,864 $ 10,979,694 13,027
GRF 235-417 Technology $ 4,000,000 $ 4,000,000 13,031
GRF 235-418 Access Challenge $ 35,313,691 $ 65,268,335 13,035
274
GRF 235-420 Success Challenge $ 20,068,104 $ 31,939,001 13,039
GRF 235-451 Eminent Scholars $ 0 $ 5,200,000 13,043
GRF 235-454 Research Challenge $ 18,186,382 $ 20,318,440 13,047
GRF 235-455 Productivity 13,049
Improvement Challenge $ 1,655,884 $ 1,695,625 13,051
GRF 235-474 AHEC Program Support $ 2,094,566 $ 2,094,565 13,055
GRF 235-477 Access Improvement 13,057
Projects $ 1,084,842 $ 1,110,879 13,059
GRF 235-501 Instructional Subsidy $1,586,259,165 $1,633,846,940 13,063
GRF 235-502 Student Support 13,065
Services $ 1,033,059 $ 1,057,853 13,067
GRF 235-503 Ohio Instructional 13,069
Grants $ 96,299,061 $ 101,131,000 13,071
GRF 235-504 War Orphans' 13,073
Scholarships $ 4,152,934 $ 4,517,037 13,075
GRF 235-507 OhioLINK $ 6,947,761 $ 7,668,731 13,079
GRF 235-508 Air Force Institute 13,081
of Technology $ 3,500,000 $ 3,500,000 13,083
GRF 235-509 Displaced Homemakers $ 244,996 $ 244,996 13,087
GRF 235-510 Ohio Supercomputer 13,089
Center $ 4,834,416 $ 4,932,218 13,091
GRF 235-511 Cooperative Extension 13,093
Service $ 25,543,306 $ 26,608,525 13,095
GRF 235-513 OU Voinovich Center $ 375,000 $ 375,000 13,099
GRF 235-514 Central State 13,101
Supplement $ 9,744,956 $ 9,744,956 13,103
GRF 235-515 CWRU School of 13,105
Medicine $ 4,181,578 $ 4,281,936 13,107
GRF 235-518 Capitol Scholarship 13,109
Programs $ 250,000 $ 250,000 13,111
GRF 235-519 Family Practice $ 6,229,607 $ 6,541,087 13,115
GRF 235-520 Shawnee State 13,117
Supplement $ 2,969,965 $ 2,824,000 13,119
GRF 235-521 OSU Glenn Institute $ 375,000 $ 375,000 13,123
275
GRF 235-523 Center for Labor 13,125
Research $ 200,000 $ 200,000 13,127
GRF 235-524 Police and Fire 13,129
Protection $ 244,996 $ 244,996 13,131
GRF 235-525 Geriatric Medicine $ 1,062,139 $ 1,087,630 13,135
GRF 235-526 Primary Care 13,137
Residencies $ 3,016,605 $ 3,167,435 13,139
GRF 235-527 Ohio Aerospace 13,141
Institute $ 2,374,973 $ 2,431,973 13,143
GRF 235-530 Academic Scholarships $ 8,000,000 $ 8,000,000 13,147
GRF 235-531 Student Choice Grants $ 41,305,526 $ 43,370,802 13,151
GRF 235-535 Agricultural Research 13,153
and Development
Center $ 34,623,910 $ 36,180,884 13,155
GRF 235-536 Ohio State University 13,157
Clinical Teaching $ 15,621,369 $ 15,996,281 13,159
GRF 235-537 University of 13,161
Cincinnati Clinical
Teaching $ 12,848,363 $ 13,156,724 13,163
GRF 235-538 Medical College of 13,165
Ohio at Toledo
Clinical Teaching $ 10,014,602 $ 10,254,953 13,167
GRF 235-539 Wright State 13,169
University Clinical
Teaching $ 4,865,290 $ 4,982,057 13,171
GRF 235-540 Ohio University 13,173
Clinical Teaching $ 4,703,423 $ 4,816,305 13,175
GRF 235-541 Northeastern Ohio 13,177
Universities College
of Medicine Clinical 13,178
Teaching $ 4,837,466 $ 4,953,565 13,180
GRF 235-547 School of 13,182
International
Business $ 1,493,637 $ 1,493,637 13,184
276
GRF 235-549 Part-time Student 13,186
Instructional Grants $ 12,308,500 $ 12,677,750 13,188
GRF 235-552 Capital Component $ 9,863,295 $ 9,863,295 13,192
GRF 235-553 Dayton Area Graduate 13,194
Studies Institute $ 3,765,832 $ 3,856,212 13,196
GRF 235-554 Priorities in 13,198
Graduate Education $ 3,464,704 $ 3,553,437 13,200
GRF 235-555 Library Depositories $ 2,400,000 $ 2,000,000 13,204
GRF 235-556 Ohio Academic 13,206
Resource Network $ 3,227,819 $ 3,512,182 13,208
GRF 235-558 Long-term Care 13,210
Research $ 318,371 $ 318,371 13,212
GRF 235-561 BGSU Canadian Studies 13,214
Center $ 167,642 $ 167,642 13,216
GRF 235-572 Ohio State University 13,218
Clinic Support $ 1,702,378 $ 1,820,188 13,220
GRF 235-583 Urban University 13,222
Programs $ 5,398,911 $ 5,521,285 13,224
GRF 235-585 Ohio University 13,226
Innovation Center $ 49,745 $ 49,745 13,228
GRF 235-587 Rural University 13,230
Projects $ 1,298,070 $ 1,328,624 13,232
GRF 235-588 Ohio Resource Center 13,234
for Mathematics,
Science, and Reading $ 500,000 $ 1,000,000 13,236
GRF 235-595 International Center 13,238
for Water Resources
Development $ 189,381 $ 189,381 13,240
GRF 235-596 Hazardous Materials 13,242
Program $ 244,996 $ 244,996 13,244
GRF 235-599 National Guard 13,246
Tuition Grant Program $ 9,539,575 $ 13,842,740 13,248
TOTAL GRF General Revenue Fund $2,421,373,305 $2,566,712,202 13,251
General Services Fund Group 13,254
277
456 235-603 Publications $ 35,000 $ 35,000 13,259
TOTAL GSF General Services 13,260
Fund Group $ 35,000 $ 35,000 13,263
Federal Special Revenue Fund Group 13,266
3H2 235-608 Human Services 13,269
Project $ 974,506 $ 761,000 13,271
3N6 235-605 State Student 13,273
Incentive Grants $ 2,000,000 $ 2,000,000 13,275
3T0 235-610 NHSC Ohio Loan 13,277
Repayment $ 100,000 $ 100,000 13,279
312 235-609 Tech Prep $ 192,224 $ 211,450 13,283
312 235-631 Federal Grants $ 2,645,077 $ 2,645,077 13,287
TOTAL FED Federal Special Revenue 13,288
Fund Group $ 5,911,807 $ 5,717,527 13,291
State Special Revenue Fund Group 13,294
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 13,299
4P4 235-604 Physician Loan 13,301
Repayment $ 396,255 $ 396,255 13,303
649 235-607 Ohio State University 13,305
Highway/Transportation 13,305
Research $ 500,000 $ 500,000 13,308
682 235-606 Nursing Loan Program $ 603,406 $ 618,241 13,312
TOTAL SSR State Special Revenue 13,313
Fund Group $ 1,511,661 $ 1,526,496 13,316
TOTAL ALL BUDGET FUND GROUPS $2,428,831,733 $2,573,991,225 13,319
Section 7.01. Instructional Subsidy Formula 13,322
As soon as practicable during each fiscal year of the 13,324
1999-2001 biennium in accordance with instructions of the Ohio 13,325
Board of Regents, each state-assisted institution of higher 13,326
education shall report its actual enrollment to the Ohio Board of 13,327
Regents. 13,328
The Ohio Board of Regents shall establish procedures 13,330
required by the system of formulas set out below and for the 13,331
assignment of individual institutions to categories described in 13,332
278
the formulas. The system of formulas establishes the manner in 13,333
which aggregate expenditure requirements shall be determined for 13,334
each of the three components of institutional operations. In 13,335
addition to other adjustments and calculations described below, 13,336
the subsidy entitlement of an institution shall be determined by 13,337
subtracting from the institution's aggregate expenditure 13,338
requirements income to be derived from the local contributions 13,339
assumed in calculating the subsidy entitlements. The local 13,340
contributions for purposes of determining subsidy support shall 13,341
not limit the authority of the individual boards of trustees to 13,342
establish fee levels. 13,343
The General Studies and Technical models shall be adjusted 13,345
by the Board of Regents so that the share of state subsidy earned 13,346
by those models is not altered by changes in the overall local 13,347
share. A lower-division fee differential shall be used to 13,348
maintain the relationship that would have occurred between these 13,349
models and the Baccalaureate models had an assumed share of 37 13,350
per cent been funded. 13,351
In defining the number of full-time equivalent students for 13,353
state subsidy purposes, the Ohio Board of Regents shall exclude 13,354
all undergraduate students who are not residents of Ohio, except 13,355
those charged in-state fees in accordance with reciprocity 13,356
agreements made pursuant to section 3333.17 of the Revised Code. 13,357
(A) Aggregate Expenditure Per Full-Time Equivalent Student 13,359
(1) Instruction and Support Services 13,361
Model FY 2000 FY 2001 13,364
General Studies I $ 3,680 $ 3,762 13,366
General Studies II $ 4,060 $ 4,305 13,368
General Studies III $ 5,141 $ 5,259 13,370
Technical I $ 4,702 $ 5,012 13,372
Technical III $ 8,088 $ 8,477 13,374
Baccalaureate I $ 6,301 $ 6,611 13,376
Baccalaureate II $ 7,287 $ 7,582 13,378
Baccalaureate III $ 10,417 $ 10,574 13,380
279
Masters and Professional I $ 11,788 $ 12,300 13,382
Masters and Professional II $ 17,020 $ 17,558 13,384
Masters and Professional III $ 22,976 $ 23,214 13,386
Doctoral I $ 19,495 $ 19,647 13,388
Doctoral II $ 25,066 $ 25,840 13,390
Medical I $ 27,250 $ 27,709 13,392
Medical II $ 38,309 $ 39,323 13,394
(2) Student Services 13,397
For this purpose full-time equivalent counts shall be 13,399
weighted to reflect differences among institutions in the numbers 13,400
of students enrolled on a part-time basis. 13,401
FY 2000 FY 2001 13,403
All Expenditure Models $ 556 $ 594 13,404
(B) Plant Operation and Maintenance (POM) 13,406
(1) Determination of the Square-Foot Based POM Subsidy 13,408
Space undergoing renovation shall be funded at the rate 13,410
allowed for storage space. 13,411
In the calculation of square footage for each campus, 13,413
square footage shall be weighted to reflect differences in space 13,414
utilization.
The space inventories for each campus shall be those 13,416
determined in the fiscal year 1997 instructional subsidy, 13,417
adjusted for changes attributable to the construction or 13,418
renovation of facilities for which state appropriations were made 13,419
or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of 13,421
operation in fiscal year 2000 or fiscal year 2001 that is not 13,422
otherwise replaced by a campus shall be deleted from the fiscal 13,423
year 1997 inventory.
The square-foot based plant operation and maintenance 13,425
subsidy for each campus shall be determined as follows: 13,426
(a) For each standard room type category shown below, the 13,428
subsidy-eligible net assignable square feet (NASF) for each 13,429
campus shall be multiplied by the following rates, and the 13,430
280
amounts summed for each campus to determine the total gross 13,431
square-foot based POM expenditure requirement:
FY 2000 FY 2001 13,433
Classrooms $5.18 $5.33 13,434
Laboratories $6.45 $6.64 13,435
Offices $5.18 $5.33 13,436
Audio Visual Data Processing $6.45 $6.64 13,437
Storage $2.30 $2.36 13,438
Circulation $6.53 $6.72 13,439
Other $5.18 $5.33 13,440
(b) The total gross square-foot POM expenditure 13,443
requirement shall be allocated to models in proportion to 13,444
full-time equivalent (FTE) enrollments as reported in enrollment 13,445
data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) 13,447
above shall be multiplied by the ratio of subsidy-eligible FTE 13,449
students to total FTE students reported in each model, and the 13,450
amounts summed for all models. To this total amount shall be 13,451
added an amount to support roads and grounds expenditures to
produce the total square-foot based POM subsidy. 13,452
(2) Determination of the Activity-Based POM Subsidy 13,454
(a) The number of subsidy-eligible FTE students in each 13,456
model shall be multiplied by the following rates for each campus 13,457
for each fiscal year.
FY 2000 FY 2001 13,460
General Studies I $ 488 $ 488 13,462
General Studies II $ 563 $ 584 13,464
General Studies III $1,237 $1,217 13,466
Technical I $ 555 $ 553 13,468
Technical II $1,128 $1,175 13,470
Baccalaureate I $ 641 $ 655 13,472
Baccalaureate II $1,067 $1,109 13,474
Baccalaureate III $1,578 $1,598 13,476
Masters & Professional I $ 995 $1,022 13,478
281
Masters & Professional II $1,742 $1,895 13,480
Masters & Professional III $2,620 $2,614 13,482
Doctoral I $1,433 $1,382 13,484
Doctoral II $2,502 $2,613 13,486
Medical I $2,389 $2,485 13,488
Medical II $3,458 $3,362 13,490
(b) The sum of the products for each campus determined in 13,493
division (B)(2)(a) for each fiscal year shall be weighted by a 13,495
factor to reflect sponsored research activity and job-training 13,496
related public services expenditures to determine the total 13,497
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 13,499
Adjustments
(1) Calculation of Core Subsidy Entitlements 13,501
The calculation of the core subsidy entitlement shall 13,503
consist of the following components: 13,504
(a) For each campus and for each fiscal year, the core 13,506
subsidy entitlement shall be determined by multiplying the 13,507
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 13,509
assumed local contributions, by (i) average subsidy-eligible 13,510
full-time equivalents for the two-year period ending in the prior 13,511
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible full-time equivalents for the five-year 13,513
period ending in the prior year for all models except Doctoral I 13,514
and Doctoral II.
(b) In calculating the core subsidy entitlements for 13,516
Medical II models only, the board shall use the following count 13,517
of full-time equivalent students in place of the two-year average 13,518
and five-year average of subsidy-eligible students. 13,520
(i) For those medical schools whose current year 13,522
enrollment is below the base enrollment, the Medical II full-time 13,523
equivalent enrollment shall equal: 65 per cent of the base 13,524
enrollment plus 35 per cent of the current year enrollment, where 13,525
the base enrollment is: 13,526
282
Ohio State University 1010 13,528
University of Cincinnati 833 13,529
Medical College of Ohio at 13,530
Toledo 650
Wright State University 433 13,531
Ohio University 433 13,532
Northeastern Ohio Universities 13,533
College of Medicine 433
(ii) For those medical schools whose current year 13,536
enrollment is equal to or greater than the base enrollment, the 13,537
Medical II full-time equivalent enrollment shall equal the 13,538
current enrollment. 13,539
(c) For all FTE-based subsidy calculations involving 13,541
all-terms FTE data, FTE-based allowances shall be converted from 13,542
annualized to annual rates to ensure equity and consistency of 13,543
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 13,546
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 13,547
The POM subsidy for each campus shall equal the greater of 13,549
the square-foot-based subsidy or the activity-based POM subsidy 13,550
component of the core subsidy entitlement, except that the total 13,551
activity-based POM subsidy shall not exceed 161% of the 13,552
square-foot based POM subsidy in fiscal year 2000 and shall not 13,553
exceed 177% of the square-foot-based subsidy in fiscal year 2001. 13,554
(e) In fiscal year 2000, no more than 10.94% of the total 13,556
instructional subsidy shall be reserved to implement the 13,557
recommendations of the Graduate Funding Commission. In fiscal 13,558
year 2001, no more than 10.75% of the total instructional subsidy 13,559
shall be reserved for this same purpose. It is the intent of the 13,560
General Assembly that the doctoral reserve be reduced 0.25
percentage points each year thereafter until no more than 10.0% 13,561
of the total instructional subsidy is reserved to implement the 13,562
recommendations of the Graduate Funding Commission. In fiscal 13,563
283
year 2001, the Board of Regents shall reallocate 2% of the 13,564
reserve among the state-assisted universities on the basis of a 13,565
quality review as specified in the recommendations of the 13,566
Graduate Funding Commission.
The amount so reserved shall be allocated to universities 13,568
in proportion to their share of the total number of Doctoral I 13,569
equivalent FTEs as calculated on an institutional basis using 13,570
fiscal year 1998 annualized FTEs as adjusted to reflect the 13,571
effects of doctoral review. For the purposes of this
calculation, a doctoral equivalent FTE shall equal one Doctoral I 13,572
FTE, or 1.5 Doctoral II FTEs. 13,573
(2) Annual Hold Harmless Provision 13,575
In addition to and after the other adjustments noted above, 13,577
in fiscal year 2000 each campus shall have its subsidy adjusted 13,578
to the extent necessary to provide an amount that is not less 13,579
than 100% of the instructional subsidy received by the campus in 13,580
fiscal year 1999. In fiscal year 2001 each campus shall have its 13,582
subsidy adjusted to the extent necessary to provide an amount
that is not less than 100% of the instructional subsidy received 13,583
by the campus in fiscal year 2000. 13,584
(3) Capital Component Deduction 13,586
After all other adjustments have been made, instructional 13,588
subsidy earnings shall be reduced for each campus by the amount, 13,589
if any, by which debt service charged in Am. H.B. 748 of the 13,590
121st General Assembly and Am. Sub. H.B. 850 of the 122nd General 13,591
Assembly for that campus exceeds that campus' capital component 13,592
earnings.
(D) Reductions in Earnings 13,594
If total systemwide instructional subsidy earnings in any 13,596
fiscal year exceed total appropriations available for such 13,597
purposes, the Board of Regents shall proportionately reduce the 13,598
instructional subsidy earnings for all campuses by a uniform 13,599
percentage so that the systemwide sum equals available 13,600
appropriations.
284
(E) Exceptional Circumstances 13,602
Adjustments may be made to instructional subsidy payments 13,604
and other subsidies distributed by the Ohio Board of Regents to 13,605
state-assisted colleges and universities for exceptional 13,606
circumstances. No adjustments for exceptional circumstances may 13,607
be made without the recommendation of the chancellor and the 13,608
approval of the Controlling Board. 13,609
Distribution of Instructional Subsidy 13,611
The instructional subsidy payments to the institutions 13,613
shall be in substantially equal monthly amounts during the fiscal 13,614
year, unless otherwise determined by the Director of Budget and 13,615
Management pursuant to the provisions of section 126.09 of the 13,616
Revised Code. Payments during the first six months of the fiscal 13,617
year shall be based upon the instructional subsidy appropriation 13,618
estimates made for the various institutions of higher education 13,619
according to the Ohio Board of Regents enrollment estimates. 13,620
Payments during the last six months of the fiscal year shall be 13,621
distributed after approval of the Controlling Board upon the 13,622
request of the Ohio Board of Regents. 13,623
Law School Subsidy 13,625
The instructional subsidy to state supported universities 13,627
for students enrolled in law schools in fiscal year 2000 and 13,628
fiscal year 2001 shall be calculated by using the number of 13,629
subsidy eligible full-time equivalent law school students funded 13,630
by state subsidy in fiscal year 1995 or the actual number of 13,631
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 13,632
Section 7.02. Mission-Based Core Funding for Higher 13,634
Education
Jobs Challenge 13,636
Funds appropriated to appropriation item 235-415, Jobs 13,638
Challenge, shall be distributed to state-assisted community and 13,639
technical colleges and regional campuses of state-assisted 13,640
universities in support of noncredit job-related training. In 13,641
285
each fiscal year, funds shall be distributed to campuses in 13,642
proportion to each campus' share of noncredit job-related 13,643
training revenues received by all campuses for the previous 13,644
fiscal year. It is the intent of the General Assembly that the 13,645
Jobs Challenge program reward campus noncredit job-related 13,646
training efforts in the same manner that the Research Challenge 13,647
Program rewards campuses for their ability to obtain sponsored 13,648
research revenues. 13,649
Access Challenge 13,651
In each fiscal year, the foregoing appropriation item 13,653
235-418, Access Challenge, shall be distributed to Ohio's 13,654
state-assisted access colleges and universities in proportion to 13,655
each campus' share of full-time equivalent enrollments at the 13,656
General Studies level as determined in the subsidy calculation 13,657
process in the previous fiscal year. For the purposes of this
allocation, "access campuses" includes state-assisted community 13,658
colleges, state community colleges, technical colleges, Shawnee 13,659
State University, Central State University, Cleveland State 13,660
University, the regional campuses of state-assisted universities, 13,661
and, where they are organizationally distinct and identifiable, 13,663
the community-technical colleges located at the University of
Toledo, the University of Cincinnati, Youngstown State 13,664
University, and the University of Akron. 13,665
For the purposes of this calculation, Cleveland State 13,667
University's share of full-time equivalent subsidy-eligible 13,668
General Studies students shall equal its total full-time 13,669
equivalent subsidy-eligible General Studies students multiplied 13,670
by the ratio of the sum of full-time equivalent subsidy-eligible
General Studies students enrolled in the community-technical 13,671
colleges at the University of Toledo, the University of 13,672
Cincinnati, Youngstown State University, and the University of 13,673
Akron divided by the sum of full-time equivalent subsidy-eligible 13,674
General Studies students enrolled at those same four 13,675
universities. However, Cleveland State University shall not
286
receive less in each year of the 1999-2001 biennium than the 13,676
amount received in fiscal year 1999. 13,677
(A) Of the total appropriation item 235-418, Access 13,679
Challenge, $2,500,000 in fiscal year 2000 and $17,943,665 in 13,681
fiscal year 2001 shall be used solely to restrain the growth of 13,682
or reduce in-state undergraduate tuition and fees. 13,683
(B) Of the remaining appropriation of $32,813,691 in 13,685
fiscal year 2000 and $47,324,335 in fiscal year 2001, 50 per cent 13,686
of all new subsidies received by each campus in each fiscal year 13,687
shall be used in combination with campus shares of the amounts 13,688
determined in paragraph (A) above to restrain the growth of or 13,689
reduce in-state undergraduate tuition and fees. For the purposes 13,690
of this distribution, "new subsidies" in fiscal year 2000 shall 13,691
equal a campus's share of the $32,813,691 allocation for fiscal 13,692
year 2000 minus the campus's share of the $20,000,000 allocation 13,693
distributed for this purpose by the Board of Regents from 13,694
appropriations in Am. Sub. H.B. 215 of the 122nd General 13,695
Assembly. In fiscal year 2001, "new subsidies" shall equal a 13,696
campus's share of the $47,324,335 allocation for fiscal year 2001 13,697
minus the campus's share of the $32,813,691 allocation for fiscal 13,698
year 2000. In both fiscal years, negative differences between 13,699
the current and previous year shall default to zero. 13,700
(C) In each fiscal year, the statewide average fee 13,702
restraint or reduction percentage shall be applied uniformly to 13,703
all campuses receiving Access Challenge appropriations according 13,704
to a methodology to be determined by the Board of Regents. The 13,705
goal of this approach is to restrain tuition increases to zero 13,706
per cent in fiscal year 2000 and to achieve tuition reductions of 13,707
five per cent in fiscal year 2001. 13,708
Success Challenge 13,710
The foregoing appropriation item 235-420, Success 13,712
Challenge, shall be used by the Ohio Board of Regents to promote 13,713
degree completion by students enrolled at a main campus of a 13,714
state-assisted university. 13,715
287
In each fiscal year, two-thirds of the appropriations shall 13,717
be distributed to state-assisted university main campuses in 13,718
proportion to each campus' share of the total statewide 13,719
bachelor's degrees granted by university main campuses to
"at-risk" students. In fiscal year 2000 and fiscal year 2001, an 13,720
"at-risk" student shall be defined to mean any undergraduate 13,721
student who had received an Ohio Instructional Grant during the 13,722
past ten years. An eligible institution shall not receive its 13,723
share of this distribution until it has submitted and gained 13,724
Board of Regents approval of a plan that addresses how the
subsidy will be used to better serve at-risk students and 13,725
increase their likelihood of successful completion of a 13,726
bachelor's degree program.
In each fiscal year, one-third of the appropriations shall 13,728
be distributed to university main campuses in proportion to each 13,729
campus' share of the total bachelor's degrees granted by 13,730
university main campuses to undergraduate students who completed 13,731
their bachelor's degrees in a "timely manner" in the previous 13,732
fiscal year. For the purposes of this section, "timely manner"
shall mean the normal time it would take for a full-time 13,733
degree-seeking undergraduate student to complete the student's 13,735
degree. Generally, for such students pursuing a bachelor's 13,736
degree, "timely manner" shall mean four years. Exceptions to 13,737
this general rule shall be permitted for students enrolled in 13,738
programs specifically designed to be completed in a longer time
period. The Board of Regents shall collect base-line data 13,739
beginning with the 1998-99 academic year to assess the timely 13,740
completion statistics by university main campuses. 13,741
Research Challenge 13,743
The foregoing appropriation item 235-454, Research 13,745
Challenge, shall be used to enhance the basic research 13,746
capabilities of public colleges and universities and accredited 13,747
Ohio institutions of higher education holding certificates of 13,748
authorization issued pursuant to section 1713.02 of the Revised 13,749
288
Code, in order to strengthen the academic research for pursuing 13,750
Ohio's economic redevelopment goals. The Ohio Board of Regents, 13,751
in consultation with the colleges and universities, shall 13,752
administer the Research Challenge Program and utilize a means of 13,753
matching, on a fractional basis, external funds attracted in the 13,754
previous year by institutions for basic research. The program 13,755
may include incentives for increasing the amount of external 13,756
research funds coming to such eligible institutions and for 13,757
focusing research efforts upon critical state needs. Colleges 13,758
and universities shall submit for review and approval to the Ohio 13,759
Board of Regents plans for the institutional allocation of state 13,760
dollars received through this program. Such institutional plans 13,761
shall provide the rationale for the allocation in terms of the 13,762
strategic targeting of funds for academic and state purposes, for 13,763
strengthening research programs, and for increasing the amount of 13,764
external research funds, and shall include an evaluation process 13,765
to provide results of the increased support. It is the intent of 13,766
the General Assembly that increases in funding for appropriation 13,767
item 235-454, Research Challenge, in the 1999-2001 biennium, over 13,768
the 1993-1995 biennium levels, be used by campuses as 13,769
unrestricted funding for research, in the same way that 13,770
Instructional Subsidy allocations are used. 13,771
The Ohio Board of Regents shall submit a biennial report of 13,773
progress to the General Assembly. 13,774
Priorities in Graduate Education 13,776
The foregoing appropriation item 235-554, Priorities in 13,778
Graduate Education, shall be used by the Ohio Board of Regents to 13,779
support improvements in graduate programs in computer science at 13,780
state-assisted universities. In each fiscal year, up to $200,000 13,781
may be used to support collaborative efforts in graduate
education in this program area. In fiscal year 2001, $1,000,000 13,782
shall be used by the Board of Regents to support improvements in 13,783
graduate programs in the life sciences at state-assisted 13,784
universities.
289
Section 7.03. Higher Education--Board of Trustees 13,786
Funds appropriated for instructional subsidies at colleges 13,788
and universities may be used to provide such branch or other 13,789
off-campus undergraduate courses of study and such master's 13,790
degree courses of study as may be approved by the Ohio Board of 13,791
Regents. 13,792
In providing instructional and other services to students, 13,794
boards of trustees of state-assisted institutions of higher 13,795
education shall supplement state subsidies by income from charges 13,796
to students. Each board shall establish the fees to be charged 13,797
to all students, including an instructional fee for educational 13,798
and associated operational support of the institution and a
general fee for noninstructional services, including locally 13,799
financed student services facilities used for the benefit of 13,800
enrolled students. The instructional fee and the general fee 13,801
shall encompass all charges for services assessed uniformly to 13,802
all enrolled students. Each board may also establish special 13,803
purpose fees, service charges, and fines as required; such
special purpose fees and service charges shall be for services or 13,804
benefits furnished individual students or specific categories of 13,805
students and shall not be applied uniformly to all enrolled 13,806
students. A tuition surcharge shall be paid by all students who 13,807
are not residents of Ohio.
Boards of trustees of individual state-assisted 13,809
universities shall limit combined university main campus in-state 13,810
undergraduate instructional and general fee increases for an 13,812
academic year over the amounts charged in the prior academic year 13,813
to no more than six per cent. The boards of trustees of 13,814
individual state-assisted universities shall not authorize 13,815
university main campus instructional and general fee increases of
more than four per cent in a single vote. Boards of trustees of 13,817
individual state-assisted university branch campuses, community 13,818
colleges, and technical colleges shall limit combined in-state 13,819
undergraduate instructional and general fee increases for an 13,820
290
academic year over the amounts charged in the prior academic year 13,821
to no more than three per cent. These fee increase limitations
apply even if an institutional board of trustees has, prior to 13,822
the effective date of this section, voted to assess a higher fee 13,823
for the 1999-2000 academic year. These limitations shall not 13,824
apply to increases required to comply with institutional 13,825
covenants related to their obligations or to meet unfunded legal 13,826
mandates or legally binding obligations incurred or commitments 13,827
made prior to the effective date of this act with respect to 13,828
which the institution had identified such fee increases as the 13,829
source of funds. Any increase required by such covenants and any 13,830
such mandates, obligations, or commitments shall be reported by 13,831
the Board of Regents to the Controlling Board. These 13,832
limitations may also be modified by the Ohio Board of Regents, 13,833
with the approval of the Controlling Board, to respond to 13,834
exceptional circumstances as identified by the Ohio Board of
Regents. 13,835
The board of trustees of a state-assisted institution of 13,837
higher education shall not authorize a waiver or nonpayment of 13,838
instructional fees nor general fees for any particular student or 13,839
any class of students other than waivers specifically authorized 13,840
by law or approved by the chancellor. This prohibition is not 13,841
intended to limit the authority of boards of trustees to provide 13,842
for payments to students for services rendered the institution, 13,843
nor to prohibit the budgeting of income for staff benefits or for 13,844
student assistance in the form of payment of such instructional 13,845
and general fees. 13,846
Each state-assisted institution of higher education in its 13,848
statement of charges to students shall separately identify the 13,849
instructional fee, the general fee, the tuition charge, and the 13,850
tuition surcharge. Fee charges to students for instruction shall 13,851
not be considered to be a price of service but shall be 13,852
considered to be an integral part of the state government 13,853
financing program in support of higher educational opportunity 13,854
291
for students. 13,855
In providing the appropriations in support of instructional 13,857
services at state-assisted institutions of higher education and 13,858
the appropriations for other instruction it is the intent of the 13,859
General Assembly that faculty members shall devote a proper and 13,860
judicious part of their work week to the actual instruction of 13,861
students. Total class credit hours of production per quarter per 13,862
full-time faculty member is expected to meet the standards set 13,863
forth in the budget data submitted by the Ohio Board of Regents. 13,864
No state-assisted college or university shall contract 13,866
additional debt to finance additional student housing or permit 13,867
the construction of additional student housing on land owned or 13,868
leased by such institution without the approval of the Board of 13,869
Regents. In granting or denying approval, the board shall 13,870
consider demographic projections and established service 13,871
districts, as well as the current strength of enrollment patterns 13,872
throughout the state and in the public and private institutions 13,873
that have historically drawn students from the same markets as 13,874
the institution requesting additional housing. The board shall 13,875
also consider statewide dormitory occupancy patterns and any debt 13,876
burden that would be incurred by the institution. The board 13,877
shall monitor demographic trends and shall recommend that the 13,878
General Assembly modify this section when there is no longer a 13,879
significant risk of future enrollment decline. 13,880
The board shall have no authority to prohibit the 13,882
construction of privately financed housing constructed on land 13,883
that is not owned or leased by the institution, even if the 13,884
institution has entered or intends to enter into some type of 13,885
contractual agreement with the developers or owners of such 13,886
housing. 13,887
The authority of government vested by law in the boards of 13,889
trustees of state-assisted institutions of higher education shall 13,890
in fact be exercised by those boards. Boards of trustees may 13,891
consult extensively with appropriate student and faculty groups. 13,893
292
Administrative decisions about the utilization of available 13,894
resources, about organizational structure, about disciplinary 13,895
procedure, about the operation and staffing of all auxiliary 13,896
facilities, and about administrative personnel shall be the 13,897
exclusive prerogative of boards of trustees. Any delegation of 13,898
authority by a board of trustees in other areas of responsibility 13,899
shall be accompanied by appropriate standards of guidance 13,900
concerning expected objectives in the exercise of such delegated 13,901
authority and shall be accompanied by periodic review of the 13,902
exercise of this delegated authority to the end that the public 13,903
interest, in contrast to any institutional or special interest, 13,904
shall be served.
Section 7.04. Medical School Subsidies 13,906
The foregoing appropriation item 235-515, CWRU School of 13,908
Medicine, shall be disbursed to Case Western Reserve University 13,909
through the Ohio Board of Regents in accordance with agreements 13,910
entered into as provided for by section 3333.10 of the Revised 13,911
Code, provided that the state support per full-time medical 13,912
student shall not exceed that provided to full-time medical 13,913
students at state universities. 13,914
The foregoing appropriation items 235-536, Ohio State 13,916
University Clinical Teaching; 235-537, University of Cincinnati 13,918
Clinical Teaching; 235-538, Medical College of Ohio at Toledo 13,919
Clinical Teaching; 235-539, Wright State University Clinical 13,920
Teaching; 235-540, Ohio University Clinical Teaching; and 13,921
235-541, Northeastern Ohio Universities College of Medicine 13,922
Clinical Teaching, shall be distributed through the Ohio Board of 13,923
Regents.
The foregoing appropriation item 235-572, OSU Clinic 13,925
Support, shall be distributed through the Ohio Board of Regents 13,926
to the Ohio State University for support of dental and veterinary 13,927
medicine clinics. 13,928
The Ohio Board of Regents shall develop plans consistent 13,930
with existing criteria and guidelines as may be required for the 13,931
293
distribution of appropriation items 235-519, Family Practice, 13,932
235-525, Geriatric Medicine, and 235-526, Primary Care 13,933
Residencies. 13,934
Of the foregoing appropriation item 235-539, Wright State 13,936
University Clinical Teaching, $160,000 in each fiscal year shall 13,938
be for the use of Wright State University's Ellis Institute for 13,939
Clinical Teaching Studies to operate the clinical facility to 13,940
serve the Greater Dayton area. 13,941
Performance Standards for Medical Education 13,943
The Ohio Board of Regents, in consultation with the 13,945
state-assisted medical colleges, shall develop performance 13,947
standards for medical education. Special emphasis in the 13,949
standards shall be placed on attempting to ensure that at least 13,950
50 per cent of the aggregate number of students enrolled in 13,951
state-assisted medical colleges continue to enter residency as 13,952
primary care physicians. Primary care physicians are defined as 13,954
general family practice physicians, general internal medicine 13,957
practitioners, and general pediatric care physicians. The Board 13,960
of Regents shall be responsible for monitoring medical school 13,961
performance in relation to their plans for reaching the 50 per 13,962
cent systemwide standard for primary care physicians. 13,963
The foregoing appropriation item 235-526, Primary Care 13,965
Residencies, shall be distributed in each fiscal year of the 13,966
biennium based on whether the institution has submitted and 13,968
gained approval for a plan. If the institution does not have an
approved plan then it shall receive five per cent less funding 13,969
per student than it would have received from its annual 13,970
allocation. The remaining funding shall be distributed among 13,971
those institutions that meet or exceed their targets. 13,972
Area Health Education Centers 13,974
The foregoing appropriation item 235-474, AHEC Program 13,976
Support, shall be used by the Ohio Board of Regents to support 13,977
the medical school regional AHECs' educational programs for the 13,978
continued support of medical and other health professions 13,979
294
education and for support of the Area Health Education Center 13,980
program. 13,981
Of the foregoing appropriation item 235-474, AHEC Program 13,983
Support, $200,000 in each fiscal year shall be disbursed to the 13,984
Ohio University College of Osteopathic Medicine for the 13,985
establishment of a mobile health care unit to serve the 13,986
southeastern area of the state. Of the foregoing appropriation 13,987
item 235-474, AHEC Program Support, $150,000 in each fiscal year 13,988
shall be used to support the Ohio Valley Community Health 13,989
Information Network (OVCHIN) pilot project. 13,990
Section 7.05. Midwest Higher Education Compact 13,992
The foregoing appropriation item 235-408, Midwest Higher 13,994
Education Compact, shall be distributed by the Ohio Board of 13,995
Regents pursuant to section 3333.40 of the Revised Code. 13,996
College Readiness Initiatives 13,998
Appropriation item 235-404, College Readiness Initiatives, 14,000
shall be used by the Board of Regents in support of programs 14,002
designed to improve the ability of high school students to enroll 14,004
and succeed in higher education. These programs shall include, 14,005
but not be limited to, the following: the continued
administration of the Early English Composition Assessment 14,006
portion of the postsecondary readiness testing program, the 14,007
implementation of the State Higher Education Remediation Advisory 14,008
Commission report, and the creation of a statewide outreach 14,009
effort to promote the availability, need, and affordability of a 14,010
college education.
Mathematics and Science Teaching Improvement 14,012
Appropriation item 235-403, Math/Science Teaching 14,014
Improvement, shall be used by the Board of Regents in support of 14,016
programs designed to raise the quality of mathematics and science 14,017
teaching in primary and secondary education. Of these amounts, 14,018
$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 14,019
in fiscal year 2001 shall be reserved for Project Discovery. 14,020
295
Technology 14,022
Appropriation item 235-417, Technology, shall be used by 14,024
the Board of Regents to support the continued implementation of 14,025
the Ohio Learning Network, a statewide electronic collaborative 14,026
effort designed to promote degree completion of students, 14,027
workforce training of employees, and professional development 14,028
through the use of advanced telecommunications and distance
education initiatives. 14,029
Displaced Homemakers 14,031
Of the foregoing appropriation item 235-509, Displaced 14,033
Homemakers, the Ohio Board of Regents shall continue funding 14,034
pilot projects authorized in Am. Sub. H.B. 291 of the 115th 14,035
General Assembly for the following centers: Cuyahoga Community 14,036
College, University of Toledo, Southern State Community College, 14,037
and Stark Technical College. The amount of $30,000 in each 14,038
fiscal year shall be used for the Baldwin-Wallace Single Parents 14,039
Reaching Out for Unassisted Tomorrows program. 14,040
Ohio Aerospace Institute 14,042
The foregoing appropriation item 235-527, Ohio Aerospace 14,044
Institute, shall be distributed by the Ohio Board of Regents 14,045
pursuant to section 3333.042 of the Revised Code. 14,046
Productivity Improvement Challenge 14,048
The foregoing appropriation item 235-455, Productivity 14,050
Improvement Challenge, shall be allocated by the Ohio Board of 14,051
Regents to continue increasing the capabilities of Business and 14,053
Industry Training Centers at Ohio's two-year college and 14,054
university regional campuses to meet the varied training needs of
Ohio enterprises. Funds shall be available for capacity building 14,055
projects and activities developed through the Enterprise Ohio 14,056
Network of Business and Industry Training Centers. The Regents 14,057
Advisory Committee for Workforce Development, in its advisory 14,058
role, shall assist in the development of plans and activities. 14,060
Of the foregoing appropriation item 235-455, Productivity 14,062
Improvement Challenge, $208,000 in each fiscal year shall be used 14,064
296
by the Miami Valley Career and Technology Center Grant Program.
Access Improvement Projects 14,066
The foregoing appropriation item 235-477, Access 14,068
Improvement Projects, shall be used by the Ohio Board of Regents 14,069
to develop innovative statewide strategies to increase student 14,070
access and retention for specialized populations, and to provide 14,071
for pilot projects that will contribute to improving access to 14,072
higher education by specialized populations. The funds may be 14,073
used for projects that improve access for nonpublic secondary 14,074
students. 14,075
Of the foregoing appropriation item 235-477, Access 14,077
Improvement Projects, $740,000 in each fiscal year shall be 14,078
distributed to the Appalachian Center for Higher Education at 14,079
Shawnee State University. The Board of Directors of the center 14,080
shall be comprised of the presidents of Shawnee State University, 14,081
Ohio University, Belmont Technical College, Hocking Technical 14,082
College, Jefferson Technical College, Muskingum Area Technical 14,083
College, Rio Grande Community College, Southern State Community 14,084
College, Washington State Community College, the dean of either 14,085
the Salem or East Liverpool regional campuses of Kent State 14,086
University, as designated by the President of Kent State 14,087
University, and a representative of the Board of Regents 14,088
designated by the chancellor. 14,089
Ohio Supercomputer Center 14,091
The foregoing appropriation item 235-510, Ohio 14,093
Supercomputer Center, shall be used by the Ohio Board of Regents 14,094
to support the operation of the center, located at The Ohio State 14,095
University, as a statewide resource available to Ohio research 14,097
universities both public and private. It is also intended that 14,098
the center be made accessible to private industry as appropriate. 14,099
Policies of the center shall be established by a governance 14,100
committee, representative of Ohio's research universities and 14,101
private industry, to be appointed by the Chancellor of the Ohio 14,102
Board of Regents and established for this purpose. 14,103
297
Ohio Academic Resources Network (OARNet) 14,105
The foregoing appropriation item 235-556, Ohio Academic 14,107
Resource Network, shall be used to support the operations of the 14,109
Ohio Academic Resources Network, which shall include support for 14,110
Ohio's state-assisted colleges and universities in maintaining
and enhancing network connections. 14,111
Section 7.06. Pledge of Fees* 14,113
Any new pledge of fees, or new agreement for adjustment of 14,115
fees, made in the 1999-2001 biennium to secure bonds or notes of 14,116
a state-assisted institution of higher education for a project 14,117
for which bonds or notes were not outstanding on the effective 14,118
date of this section shall be effective only after approval by 14,119
the Ohio Board of Regents, unless approved in a previous 14,120
biennium.
Rental Payments to the Ohio Public Facilities Commission 14,123
The appropriations to the Ohio Board of Regents from the 14,125
General Revenue Fund for the purposes of division (A) of section 14,126
3333.13 of the Revised Code include the amounts necessary to meet 14,128
all payments at the times required to be made during the period 14,129
from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents 14,130
to the Ohio Public Facilities Commission pursuant to leases and 14,131
agreements made under section 154.21 of the Revised Code, as 14,132
certified under division (C) of section 3333.13 of the Revised 14,133
Code, but limited to the aggregate amount of $743,042,000
provided in appropriation item 235-401, Rental Payments to the 14,134
Ohio Public Facilities Commission. Nothing in this section shall 14,135
be deemed to contravene the obligation of the state to pay, 14,136
without necessity for further appropriation, from the source 14,137
pledged thereto, the bond service charges on obligations issued 14,138
pursuant to section 154.21 of the Revised Code. 14,139
Section 7.07. Ohio Instructional Grants 14,141
Notwithstanding section 3333.12 of the Revised Code, in 14,143
lieu of the tables in that section, instructional grants for all 14,144
full-time students shall be made for fiscal year 2000 using the 14,145
298
tables under this heading. 14,146
The tables under this heading prescribe the maximum grant 14,148
amounts covering two semesters, three quarters, or a comparable 14,149
portion of one academic year. The grant amount for a full-time 14,150
student enrolled in an eligible institution for a semester or 14,151
quarter in addition to the portion of the academic year covered 14,152
by a grant determined under these tables shall be a percentage of 14,153
the maximum prescribed in the applicable table. The maximum 14,154
grant for a fourth quarter shall be one-third of the maximum 14,155
amount prescribed under the table. The maximum grant for a third 14,156
semester shall be one-half of the maximum amount prescribed under 14,157
the table.
For a full-time student who is a dependent and enrolled in 14,160
a nonprofit educational institution that is not a state-assisted 14,161
institution and that has a certificate of authorization issued 14,162
pursuant to Chapter 1713. of the Revised Code, the amount of the 14,163
instructional grant for two semesters, three quarters, or a 14,164
comparable portion of the academic year shall be determined in 14,166
accordance with the following table:
OHIO INSTRUCTIONAL GRANTS 14,167
Private Institution Table of Grants 14,168
Maximum Grant $4,644 14,170
Gross Income Number of Dependents 14,171
1 2 3 4 5 or 14,178
more
Under $12,001 $4,644 $4,644 $4,644 $4,644 $4,644 14,186
$12,001 - $13,000 4,182 4,644 4,644 4,644 4,644 14,192
$13,001 - $14,000 3,708 4,182 4,644 4,644 4,644 14,198
$14,001 - $15,000 3,246 3,708 4,182 4,644 4,644 14,204
$15,001 - $16,000 2,790 3,246 3,708 4,182 4,644 14,210
$16,001 - $17,000 2,328 2,790 3,246 3,708 4,182 14,216
$17,001 - $20,000 1,854 2,328 2,790 3,246 3,708 14,222
$20,001 - $23,000 1,368 1,854 2,328 2,790 3,246 14,228
$23,001 - $26,000 1,146 1,368 1,854 2,328 2,790 14,234
299
$26,001 - $29,000 924 1,146 1,368 1,854 2,328 14,240
$29,001 - $30,000 840 924 1,146 1,368 1,854 14,246
$30,001 - $31,000 756 840 924 1,146 1,368 14,252
$31,001 - $32,000 378 756 840 924 1,146 14,258
$32,001 - $33,000 -0- 378 756 840 924 14,264
$33,001 - $34,000 -0- -0- 378 756 840 14,270
$34,001 - $35,000 -0- -0- -0- 378 756 14,276
$35,001 - $36,000 -0- -0- -0- -0- 378 14,282
Over $36,000 -0- -0- -0- -0- -0- 14,288
For a full-time student who is financially independent and 14,291
enrolled in a nonprofit educational institution that is not a 14,292
state-assisted institution and that has a certificate of 14,293
authorization issued pursuant to Chapter 1713. of the Revised 14,294
Code, the amount of the instructional grant for two semesters, 14,296
three quarters, or a comparable portion of the academic year 14,297
shall be determined in accordance with the following table: 14,298
Private Institution Table of Grants 14,299
Maximum Grant $4,644 14,300
Gross Income Number of Dependents 14,301
0 1 2 3 4 5 or 14,308
more
Under $3,901 $4,644 $4,644 $4,644 $4,644 $4,644 $4,644 14,317
$3,901 - $4,500 4,182 4,644 4,644 4,644 4,644 4,644 14,324
$4,501 - $5,000 3,708 4,182 4,644 4,644 4,644 4,644 14,331
$5,001 - $5,500 3,246 3,708 4,182 4,644 4,644 4,644 14,338
$5,501 - $6,000 2,790 3,246 3,708 4,182 4,644 4,644 14,345
$6,001 - $6,500 2,328 2,790 3,246 3,708 4,182 4,644 14,352
$6,501 - $7,500 1,854 2,328 2,790 3,246 3,708 4,182 14,359
$7,501 - $8,500 1,368 1,854 2,328 2,790 3,246 3,708 14,366
$8,501 - $9,500 1,146 1,368 1,854 2,328 2,790 3,246 14,373
$9,501 - $11,000 924 1,146 1,368 1,854 2,328 2,790 14,380
$11,001 - $12,500 840 924 1,146 1,368 1,854 2,328 14,387
$12,501 - $14,000 756 840 924 1,146 1,368 1,854 14,394
$14,001 - $15,500 378 756 840 924 1,146 1,368 14,401
300
$15,501 - $18,500 -0- 378 756 840 924 1,146 14,408
$18,501 - $21,500 -0- -0- 378 756 840 924 14,415
$21,501 - $24,500 -0- -0- -0- 378 756 840 14,422
$24,501 - $29,200 -0- -0- -0- -0- 378 756 14,429
$29,201 - $33,900 -0- -0- -0- -0- -0- 378 14,436
Over $33,900 -0- -0- -0- -0- -0- -0- 14,443
For a full-time student who is a dependent and enrolled in 14,446
an educational institution that holds a certificate of 14,447
registration from the State Board of Proprietary School 14,448
Registration, the amount of the instructional grant for two 14,450
semesters, three quarters, or a comparable portion of the 14,451
academic year shall be determined in accordance with the
following table: 14,452
Proprietary Institution Table of Grants 14,453
Maximum Grant $3,936 14,455
Gross Income Number of Dependents 14,456
1 2 3 4 5 or 14,464
more
Under $12,001 $3,936 $3,936 $3,936 $3,936 $3,936 14,472
$12,001 - $13,000 3,552 3,936 3,936 3,936 3,936 14,478
$13,001 - $14,000 3,132 3,552 3,936 3,936 3,936 14,484
$14,001 - $15,000 2,742 3,132 3,552 3,936 3,936 14,490
$15,001 - $16,000 2,376 2,742 3,132 3,552 3,936 14,496
$16,001 - $17,000 1,950 2,376 2,742 3,132 3,552 14,502
$17,001 - $20,000 1,578 1,950 2,376 2,742 3,132 14,508
$20,001 - $23,000 1,206 1,578 1,950 2,376 2,742 14,514
$23,001 - $26,000 966 1,206 1,578 1,950 2,376 14,520
$26,001 - $29,000 774 966 1,206 1,578 1,950 14,526
$29,001 - $30,000 726 774 966 1,206 1,578 14,532
$30,001 - $31,000 642 726 774 966 1,206 14,538
$31,001 - $32,000 324 642 726 774 966 14,544
$32,001 - $33,000 -0- 324 642 726 774 14,550
$33,001 - $34,000 -0- -0- 324 642 726 14,556
$34,001 - $35,000 -0- -0- -0- 324 642 14,562
301
$35,001 - $36,000 -0- -0- -0- -0- 324 14,568
Over $36,000 -0- -0- -0- -0- -0- 14,574
For a full-time student who is financially independent and 14,577
enrolled in an educational institution that holds a certificate 14,578
of registration from the State Board of Proprietary School 14,579
Registration, the amount of the instructional grant for two 14,581
semesters, three quarters, or a comparable portion of the
academic year shall be determined in accordance with the 14,582
following table: 14,583
Proprietary Institution Table of Grants 14,584
Maximum Grant $3,936 14,585
Gross Income Number of Dependents 14,586
0 1 2 3 4 5 or 14,593
more
Under $3,901 $3,936 $3,936 $3,936 $3,936 $3,936 $3,936 14,602
$3,901 - $4,500 3,552 3,936 3,936 3,936 3,936 3,936 14,609
$4,501 - $5,000 3,132 3,552 3,936 3,936 3,936 3,936 14,616
$5,001 - $5,500 2,742 3,132 3,552 3,936 3,936 3,936 14,623
$5,501 - $6,000 2,376 2,742 3,132 3,552 3,936 3,936 14,630
$6,001 - $6,500 1,950 2,376 2,742 3,132 3,552 3,936 14,637
$6,501 - $7,500 1,578 1,950 2,376 2,742 3,132 3,552 14,644
$7,501 - $8,500 1,206 1,578 1,950 2,376 2,742 3,132 14,651
$8,501 - $9,500 966 1,206 1,578 1,950 2,376 2,742 14,658
$9,501 - $11,000 774 966 1,206 1,578 1,950 2,376 14,665
$11,001 - $12,500 726 774 966 1,206 1,578 1,950 14,672
$12,501 - $14,000 642 726 774 966 1,206 1,578 14,679
$14,001 - $15,500 324 642 726 774 966 1,206 14,686
$15,501 - $18,500 -0- 324 642 726 774 966 14,693
$18,501 - $21,500 -0- -0- 324 642 726 774 14,700
$21,501 - $24,500 -0- -0- -0- 324 642 726 14,707
$24,501 - $29,200 -0- -0- -0- -0- 324 642 14,714
$29,201 - $33,900 -0- -0- -0- -0- -0- 324 14,721
Over $33,900 -0- -0- -0- -0- -0- -0- 14,728
For a full-time student who is a dependent and enrolled in 14,731
302
a state-assisted educational institution, the amount of the 14,732
instructional grant for two semesters, three quarters, or a 14,734
comparable portion of the academic year shall be determined in 14,735
accordance with the following table: 14,736
Public Institution Table of Grants 14,737
Maximum Grant $1,866 14,738
Gross Income Number of Dependents 14,739
1 2 3 4 5 or 14,745
more
Under $12,001 $1,866 $1,866 $1,866 $1,866 $1,866 14,753
$12,001 - $13,000 1,680 1,866 1,866 1,866 1,866 14,759
$13,001 - $14,000 1,482 1,680 1,866 1,866 1,866 14,765
$14,001 - $15,000 1,314 1,482 1,680 1,866 1,866 14,771
$15,001 - $16,000 1,128 1,314 1,482 1,680 1,866 14,777
$16,001 - $17,000 924 1,128 1,314 1,482 1,680 14,783
$17,001 - $20,000 738 924 1,128 1,314 1,482 14,789
$20,001 - $23,000 558 738 924 1,128 1,314 14,795
$23,001 - $26,000 450 558 738 924 1,128 14,801
$26,001 - $29,000 360 450 558 738 924 14,807
$29,001 - $30,000 336 360 450 558 738 14,813
$30,001 - $31,000 306 336 360 450 558 14,819
$31,001 - $32,000 156 306 336 360 450 14,825
$32,001 - $33,000 -0- 156 306 336 360 14,831
$33,001 - $34,000 -0- -0- 156 306 336 14,837
$34,001 - $35,000 -0- -0- -0- 156 306 14,843
$35,001 - $36,000 -0- -0- -0- -0- 156 14,849
Over $36,000 -0- -0- -0- -0- -0- 14,855
For a full-time student who is financially independent and 14,858
enrolled in a state-assisted educational institution, the amount 14,859
of the instructional grant for two semesters, three quarters, or 14,861
a comparable portion of the academic year shall be determined in 14,863
accordance with the following table:
Public Institution Table of Grants 14,864
Maximum Grant $1,866 14,865
303
Gross Income Number of Dependents 14,866
0 1 2 3 4 5 or 14,874
more
Under $3,901 $1,866 $1,866 $1,866 $1,866 $1,866 $1,866 14,883
$3,901 - $4,500 1,680 1,866 1,866 1,866 1,866 1,866 14,890
$4,501 - $5,000 1,482 1,680 1,866 1,866 1,866 1,866 14,897
$5,001 - $5,500 1,314 1,482 1,680 1,866 1,866 1,866 14,904
$5,501 - $6,000 1,128 1,314 1,482 1,680 1,866 1,866 14,911
$6,001 - $6,500 924 1,128 1,314 1,482 1,680 1,866 14,918
$6,501 - $7,500 738 924 1,128 1,314 1,482 1,680 14,925
$7,501 - $8,500 558 738 924 1,128 1,314 1,482 14,932
$8,501 - $9,500 450 558 738 924 1,128 1,314 14,939
$9,501 - $11,000 360 450 558 738 924 1,128 14,946
$11,001 - $12,500 336 360 450 558 738 924 14,953
$12,501 - $14,000 306 336 360 450 558 738 14,960
$14,001 - $15,500 156 306 336 360 450 558 14,967
$15,501 - $18,500 -0- 156 306 336 360 450 14,974
$18,501 - $21,500 -0- -0- 156 306 336 360 14,981
$21,501 - $24,500 -0- -0- -0- 156 306 336 14,988
$24,501 - $29,200 -0- -0- -0- -0- 156 306 14,995
$29,201 - $33,900 -0- -0- -0- -0- -0- 156 15,002
Over $33,900 -0- -0- -0- -0- -0- -0- 15,009
The foregoing appropriation item, 235-503, Ohio 15,012
Instructional Grants, shall be used to make the payments 15,013
authorized by division (C) of section 3333.26 of the Revised Code 15,014
to the institutions described in that division. In addition, 15,015
this appropriation shall be used to reimburse the institutions 15,016
described in division (B) of section 3333.26 of the Revised Code 15,017
for the cost of the waivers required by that division. 15,018
War Orphans' Scholarships 15,020
The foregoing appropriation item 235-504, War Orphans' 15,022
Scholarships, shall be used to reimburse state-assisted 15,023
institutions of higher education for waivers of instructional 15,024
fees and general fees provided by them, and to provide grants to 15,025
304
institutions that have received a certificate of authorization 15,026
from the Ohio Board of Regents under Chapter 1713. of the Revised 15,027
Code, in accordance with the provisions of section 5910.04 of the 15,028
Revised Code, and to fund additional scholarship benefits 15,029
provided by section 5910.032 of the Revised Code. 15,030
Part-time Student Instructional Grants 15,032
The foregoing appropriation item 235-549, Part-time Student 15,034
Instructional Grants, shall be used to support a grant program 15,035
for part-time undergraduate students who are Ohio residents and 15,036
who are enrolled in degree granting programs. 15,037
Eligibility for participation in the program shall include 15,040
degree granting educational institutions that hold a certificate 15,041
of registration from the State Board of Proprietary School 15,042
Registration, and nonprofit institutions that have a certificate 15,043
of authorization issued pursuant to Chapter 1713. of the Revised 15,044
Code, as well as state-assisted colleges and universities. 15,045
Grants shall be given to students on the basis of need, as 15,046
determined by the college, which will, in making these
determinations, give special consideration to single-parent 15,047
heads-of-household and displaced homemakers who enroll in an 15,048
educational degree program that prepares the individual for a 15,049
career. In determining need, the college also shall consider the 15,050
availability of educational assistance from a student's employer. 15,052
It is the intent of the General Assembly that these grants not 15,053
supplant such assistance.
Section 7.08. Capitol Scholarship Programs 15,055
The foregoing appropriation item 235-518, Capitol 15,057
Scholarship Programs, shall be used to provide one hundred 15,058
scholarships in each fiscal year in the amount of $2,000 each for 15,060
students enrolled in Ohio's public and private institutions of
higher education to participate in the Washington Center 15,061
Internship Program. The scholarships shall be matched by the 15,062
Washington Center's scholarship funds. 15,063
Student Choice Grants 15,065
305
The foregoing appropriation item 235-531, Student Choice 15,067
Grants, shall be used to support the Student Choice Grant Program 15,068
created by section 3333.27 of the Revised Code. 15,069
Academic Scholarships 15,071
Notwithstanding the provision in section 3333.22 of the 15,073
Revised Code requiring the annual amount of a scholarship for a 15,074
scholar to be $2,000, in lieu of that amount the annual 15,075
scholarship amount awarded to any scholar who received a 15,076
scholarship for the 1994-1995 academic year shall be $1,000 for 15,077
any academic year for which the scholar is eligible for a 15,078
scholarship under section 3333.22 of the Revised Code. 15,079
Physician Loan Repayment 15,081
The foregoing appropriation item 235-604, Physician Loan 15,083
Repayment, shall be used in accordance with sections 3702.71 to 15,085
3702.81 of the Revised Code.
Nursing Loan Program 15,087
The foregoing appropriation item 235-606, Nursing Loan 15,089
Program, shall be used to administer the nurse education 15,090
assistance program. Up to $148,000 in fiscal year 2000 and 15,091
$152,000 in fiscal year 2001 may be used for operating expenses 15,092
associated with the program. Any additional funds needed for the 15,093
administration of the program are subject to Controlling Board 15,094
approval. 15,095
Section 7.09. Cooperative Extension Service 15,097
Of the foregoing appropriation item 235-511, Cooperative 15,099
Extension Service, $210,000 in each fiscal year shall be used for 15,101
additional staffing for county agents for expanded 4-H 15,102
activities. Of the foregoing appropriation item 235-511, 15,103
Cooperative Extension Service, $210,000 in each fiscal year shall 15,105
be used by the Cooperative Extension Service, through the
Enterprise Center for Economic Development in cooperation with 15,106
other agencies, for a public-private effort to create and operate 15,107
a small business economic development program to enhance the 15,108
development of alternatives to the growing of tobacco, and 15,109
306
implement through applied research and demonstration, the 15,110
production and marketing of other high value crops and 15,111
value-added products. Of the foregoing appropriation item 15,112
235-511, Cooperative Extension Service, $65,000 in each fiscal 15,113
year shall be used for farm labor mediation and education 15,114
programs. Of the foregoing appropriation item 235-511, 15,115
Cooperative Extension Service, $215,000 in each fiscal year shall 15,116
be used to support the Ohio State University Marion Enterprise 15,117
Center.
Of the foregoing appropriation item 235-511, Cooperative 15,119
Extension Service, $680,000 in fiscal year 2000 and $910,500 in 15,120
fiscal year 2001 shall be used to support the Ohio Watersheds 15,121
Initiative.
Agricultural Research and Development Center 15,123
Of the foregoing appropriation item 235-535, Agricultural 15,125
Research and Development Center, $950,000 in each fiscal year 15,126
shall be distributed to the Piketon Agricultural Research and 15,128
Extension Center.
Of the foregoing appropriation item 235-535, Agricultural 15,130
Research and Development Center, $250,000 in each fiscal year 15,131
shall be distributed to the Raspberry/Strawberry-Ellagic Acid 15,132
Research program at the Ohio State University Medical College in 15,133
cooperation with the Ohio State University College of 15,134
Agriculture.
Cooperative Extension Service and Agricultural Research and 15,137
Development Center
The foregoing appropriation items 235-511, Cooperative 15,139
Extension Service, and 235-535, Agricultural Research and 15,140
Development Center, shall be disbursed through the Ohio Board of 15,141
Regents to the Ohio State University in monthly payments, unless 15,142
otherwise determined by the Director of Budget and Management 15,143
pursuant to the provisions of section 126.09 of the Revised Code. 15,145
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $540,000 in each fiscal year 15,146
307
shall be used to purchase equipment. 15,147
The Ohio Agricultural Research and Development Center shall 15,149
not be required to remit payment to The Ohio State University 15,150
during the 1999-2001 biennium for cost reallocation assessments. 15,152
The cost reallocation assessments include, but are not limited 15,153
to, any assessment on state appropriations to the center. 15,154
Section 7.10. Sea Grants 15,156
The foregoing appropriation item 235-402, Sea Grants, shall 15,158
be disbursed to The Ohio State University. The funds from this 15,159
appropriation item shall be used to conduct research on fish in 15,160
Lake Erie.
Information System 15,162
The foregoing appropriation item 235-409, Information 15,164
System, shall be used by the Board of Regents to revise the 15,165
higher education data system known as the Uniform Information 15,166
System.
Student Services 15,168
The foregoing appropriation item 235-502, Student Support 15,170
Services, shall be distributed by the Board of Regents to Ohio's 15,171
state-assisted colleges and universities that incur 15,172
disproportionate costs in the provision of support services to 15,173
disabled students.
Shawnee State Supplement 15,175
The foregoing appropriation item 235-520, Shawnee State 15,177
Supplement, shall be used by Shawnee State University as detailed 15,178
by both of the following: 15,179
(A) To allow Shawnee State University to keep its 15,181
undergraduate fees below the statewide average, consistent with 15,182
its mission of service to an economically depressed Appalachian 15,183
region;
(B) To allow Shawnee State University to employ new 15,185
faculty to develop and teach in new degree programs that meet the 15,186
needs of Appalachians.
Police and Fire Protection 15,188
308
The foregoing appropriation item 235-524, Police and Fire 15,190
Protection, shall be used for police and fire services in the 15,191
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 15,192
Portsmouth, Xenia Township (Greene County), and Rootstown 15,193
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of 15,194
the state-affiliated university located therein. Each 15,195
participating municipality and township shall receive at least 15,196
five thousand dollars per year. Funds shall be distributed by 15,197
the Ohio Board of Regents.
School of International Business 15,199
Of the foregoing appropriation item 235-547, School of 15,201
International Business, $1,243,637 in each fiscal year shall be 15,202
used for the continued development and support of the School of 15,203
International Business of the state universities of northeast 15,204
Ohio. The money shall go to the University of Akron. These 15,205
funds shall be used by the university to establish a School of 15,206
International Business located at the University of Akron. It 15,207
may confer with the Kent State University, Youngstown State 15,208
University, and Cleveland State University as to the curriculum 15,209
and other matters regarding the school.
Of the foregoing appropriation item 235-547, School of 15,211
International Business, $250,000 in each fiscal year shall be 15,212
used to support the University of Toledo School of Business. 15,213
Capital Component 15,215
The foregoing appropriation item 235-552, Capital 15,217
Component, shall be used by the Ohio Board of Regents to 15,218
implement the capital funding policy for state-assisted colleges 15,219
and universities established in Am. H.B. 748 of the 121st General 15,220
Assembly. Appropriations from this item shall be distributed to
all campuses for which the estimated campus debt service 15,221
attributable to new qualifying capital projects is less than the 15,223
campus' formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated 15,224
309
campus debt service attributable to new qualifying capital 15,225
projects from campus formula-determined capital component 15,226
allocation. Moneys distributed from this appropriation item 15,227
shall be restricted to capital-related purposes. 15,228
Dayton Area Graduate Studies Institute 15,230
The foregoing appropriation item 235-553, Dayton Area 15,232
Graduate Studies Institute, shall be used by the Ohio Board of 15,233
Regents to support the Dayton Area Graduate Studies Institute, an 15,234
engineering graduate consortium of three universities in the 15,235
Dayton area - Wright State University, The University of Dayton, 15,236
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and The Ohio State 15,237
University.
Long-Term Care Research 15,239
The foregoing appropriation item 235-558, Long-term Care 15,241
Research, shall be disbursed to Miami University for long-term 15,242
care research.
BGSU Canadian Studies Center 15,244
The foregoing appropriation item 235-561, BGSU Canadian 15,246
Studies Center, shall be used by the Canadian Studies Center at 15,247
Bowling Green State University to study opportunities for Ohio 15,249
and Ohio businesses to benefit from the Free Trade Agreement 15,250
between the United States and Canada.
Urban University Programs 15,252
Of the foregoing appropriation item 235-583, Urban 15,254
University Programs, universities receiving funds which are used 15,256
to support an ongoing university unit must certify periodically 15,257
in a manner approved by the Ohio Board of Regents that program 15,258
funds are being matched on a one-to-one basis with equivalent 15,259
resources. Overhead support may not be used to meet this 15,260
requirement. Where Urban University Program funds are being used 15,261
to support an ongoing university unit, matching funds must come 15,262
from continuing rather than one-time sources. At each 15,263
participating state-assisted institution of higher education, 15,264
310
matching funds must be within the substantial control of the 15,265
individual designated by the institution's president as the Urban 15,266
University Program representative. 15,267
Of the foregoing appropriation item 235-583, Urban 15,269
University Programs, $380,000 in each fiscal year shall be used 15,270
to support a public communication outreach program (WCPN). The 15,272
primary purpose of the program shall be to develop a relationship 15,273
between Cleveland State University and nonprofit communications
entities. 15,274
Of the foregoing appropriation item 235-583, Urban 15,276
University Programs, $180,000 in each fiscal year shall be used 15,277
to support the Center for the Interdisciplinary Study of 15,278
Education and the Urban Child at Cleveland State University. 15,280
These funds shall be distributed according to rules adopted by 15,281
the Ohio Board of Regents and shall be used by the center for 15,282
interdisciplinary activities targeted toward increasing the 15,283
chance of lifetime success of the urban child, including 15,284
interventions beginning with the prenatal period. The primary 15,285
purpose of the center is to study issues in urban education and 15,286
to systematically map directions for new approaches and new 15,287
solutions by bringing together a cadre of researchers, scholars, 15,288
and professionals representing the social, behavioral, education, 15,289
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 15,292
University Programs, $260,000 in each fiscal year shall be used 15,293
to support the Kent State University Learning and Technology 15,294
Project. This project is a kindergarten through university 15,295
collaboration between schools surrounding Kent's eight campuses 15,296
in northeast Ohio, and corporate partners who will assist in 15,297
development and delivery. 15,298
The Kent State University Project shall provide a faculty 15,300
member who has a full-time role in the development of 15,301
collaborative activities and teacher instructional programming 15,302
between Kent and the K-12th grade schools that surround its eight 15,303
311
campuses; appropriate student support staff to facilitate these 15,304
programs and joint activities; and hardware and software to 15,305
schools that will make possible the delivery of instruction to 15,306
pre-service and in-service teachers, and their students, in their 15,307
own classrooms or school buildings. This shall involve the 15,308
delivery of low-bandwidth streaming video and web-based 15,309
technologies in a distributed instructional model. 15,310
Of the foregoing appropriation item 235-583, Urban 15,312
University Programs, $100,000 in each fiscal year shall be used 15,313
to support the Ameritech Classroom/Center for Research at Kent 15,314
State University. 15,315
Of the foregoing appropriation item 235-583, Urban 15,317
University Programs, $50,000 in each fiscal year shall be used to 15,318
support the Cleveland Urban Design Collaborative. 15,319
Of the foregoing appropriation item 235-583, Urban 15,321
University Programs, $150,000 in each fiscal year shall be used 15,322
to support the Polymer Distance Learning Project at the 15,323
University of Akron.
Of the foregoing appropriation item 235-583, Urban 15,325
University Programs, $100,000 in each fiscal year shall be 15,326
distributed to the Ameritech/Kent State University program. 15,327
Of the foregoing appropriation item 235-583, Urban 15,329
University Programs, $50,000 in each fiscal year shall be 15,330
distributed to the Kent State University/Cleveland Design Center 15,331
program.
Of the remainder of the appropriation, 50 per cent of the 15,333
total in each fiscal year shall be distributed by the Ohio Board 15,334
of Regents to Cleveland State University in support of the Urban 15,335
Center of the College of Urban Affairs. The balance of the 15,336
appropriation shall be distributed to the Northeast Ohio 15,338
Interinstitutional Research Program, the Urban Linkages Program, 15,339
and the Urban Research Technical Assistance Grant Program. 15,340
International Center for Water Resources Development 15,342
The foregoing appropriation item 235-595, International 15,344
312
Center for Water Resources Development, shall be used to support 15,345
the International Center for Water Resources Development at 15,346
Central State University. This center shall develop methods to 15,347
improve the management of water resources for Ohio and for 15,348
emerging nations.
Rural University Projects 15,350
Of the foregoing appropriation item 235-587, Rural 15,352
University Projects, Bowling Green State University shall receive 15,353
$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. 15,354
Miami University shall receive $323,365 in fiscal year 2000 and 15,355
$331,125 in fiscal year 2001. Ohio University shall receive 15,356
$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.
These funds shall be used to support the Institute for Local 15,358
Government Administration and Rural Development at Ohio
University, the Center for Public Management and Regional Affairs 15,359
at Miami University, and the public administration program at 15,360
Bowling Green State University. 15,361
Of the foregoing appropriation item 235-587, Rural 15,363
University Projects, $25,000 in each fiscal year shall be used to 15,364
support the Washington State Community College day care center. 15,365
A small portion of the funds provided to Ohio University 15,368
shall be used to establish a satellite office of the Institute 15,369
for Local Government Administration and Rural Development at 15,370
Shawnee State University. A small portion of the funds provided 15,371
to Ohio University shall also be used for the Institute for Local 15,372
Government Administration and Rural Development State and Rural 15,373
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 15,374
Ohio Resource Center for Math, Science, and Reading 15,376
The foregoing appropriation item 235-588, Ohio Resource 15,378
Center for Math, Science, and Reading, shall be used to support a 15,379
resource center for mathematics, science, and reading to be 15,380
located at a state-assisted university for the purpose of 15,381
identifying best educational practices in primary and secondary 15,382
313
schools and establishing methods for communicating them to
colleges of education and school districts. 15,383
Prior to December 31, 1999, the Governor, the 15,385
Superintendent of Public Instruction, and the Chancellor of the 15,386
Ohio Board of Regents shall conduct a search for the best 15,387
location for the establishment of the Ohio Resource Center for 15,388
Mathematics, Science, and Reading. The location selected shall
be on the campus of one of the state universities named in 15,389
section 3345.011 of the Revised Code. The university selected 15,390
shall be chosen on a competitive basis from among those 15,391
universities that apply to the Board of Regents.
Hazardous Materials Program 15,393
The foregoing appropriation item 235-596, Hazardous 15,395
Materials Program, shall be disbursed to Cleveland State 15,396
University for the operation of a program to certify firefighters 15,397
for the handling of hazardous materials. Training shall be 15,398
available to all Ohio firefighters.
National Guard Tuition Grant Program 15,400
The Board of Regents shall disburse funds from 15,402
appropriation item 235-599, National Guard Tuition Grant Program, 15,403
at the direction of the Adjutant General. 15,404
Ohio Higher Education Facilities Commission Support 15,406
The foregoing appropriation item 235-602, HEFC 15,408
Administration, shall be used by the Board of Regents for 15,409
operating expenses related to the Board of Regents' support of 15,410
the activities of the Ohio Higher Education Facilities 15,411
Commission. Upon the request of the chancellor, the Director of 15,412
Budget and Management shall transfer up to $12,000 cash from Fund 15,413
461 to Fund 4E8 in each fiscal year of the biennium. 15,414
Reading Recovery Program* 15,416
Notwithstanding section 3319.23 of the Revised Code, all 15,418
state-assisted colleges and universities with teacher education 15,419
programs shall provide instruction in the Reading Recovery 15,420
Program. 15,421
314
Section 7.11. Repayment of Research Facility Investment 15,423
Fund Moneys
Notwithstanding any provision of law to the contrary, all 15,425
repayments of Research Facility Investment Fund loans shall be 15,426
made to the Bond Service Trust Fund. All Research Facility 15,428
Investment Fund loan repayments made prior to the effective date 15,429
of this section shall be transferred by the Director of Budget
and Management to the Bond Service Trust Fund within sixty days 15,431
of the effective date of this section. 15,432
Campuses are required to make timely repayments of Research 15,434
Facility Investment Fund loans, according to the schedule 15,435
established by the Board of Regents. In the case of late 15,436
payments, the Board of Regents is authorized to deduct from an 15,437
institution's periodic subsidy distribution an amount equal to
the amount of the overdue payment for that institution, transfer 15,438
such amount to the Bond Service Trust Fund, and credit the 15,439
appropriate institution for the repayment. 15,440
Veterans' Preference 15,442
The Board of Regents shall work with the Governor's Office 15,444
of Veterans' Affairs to develop specific veterans' preference 15,445
guidelines for higher education institutions. These guidelines 15,446
shall ensure that the institutions' hiring practices are in 15,447
accordance with the intent of Ohio's veterans' preference laws. 15,448
Section 7.12. Central State University 15,450
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, 15,452
and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio 15,453
Administrative Code, Central State University shall adhere to the 15,454
following fiscal standards:
(1) Maintenance of a balanced budget and filing of 15,456
quarterly reports on an annualized budget with the Board of 15,457
Regents, comparing the budget to actual spending and revenues 15,458
with projected expenditures and revenues for the remainder of the 15,459
year. Such reports shall include narrative explanations as
appropriate and be filed within 30 days of the end of the 15,460
315
quarter.
(2) Timely and accurate assessment of the current and 15,462
projected cash flow of university funds, by fund type; 15,463
(3) Timely reconciliation of all university cash and 15,465
general ledger accounts, by fund; 15,466
(4) Submission to the Auditor of State financial 15,468
statements consistent with audit requirements prescribed by the 15,469
Auditor of State within four months after the end of the fiscal 15,470
year.
The Director of Budget and Management shall provide 15,472
clarification to the university on these fiscal standards as 15,473
deemed necessary. The director may also take such actions as are 15,474
necessary to ensure that the university adheres to these 15,475
standards and other fiscal standards consistent with generally
accepted accounting principles and the requirements of external 15,476
entities providing funding to the university. Such actions may 15,477
include the appointment of a financial consultant to assist 15,478
Central State University in the continuous process of design and 15,479
implementation of responsible systems of financial management and 15,480
accounting.
(B) The director's fiscal oversight shall continue until 15,482
such time as the university meets the same criteria as those 15,483
created in 126:3-1-01(F) of the Ohio Administrative Code for the 15,485
termination of a fiscal watch. At that time Central State 15,486
University shall be relieved of the requirements of this section
and subject to the requirements of sections 3345.72, 3345.74, 15,487
3345.75, and 3345.76 of the Revised Code. 15,488
Section 7.13. Technical College District Refinancing of 15,490
Leases for Housing and Dining Facilities 15,491
Notwithstanding section 3357.112 of the Revised Code, a 15,493
technical college district established under Chapter 3357. of the 15,494
Revised Code that is the lessee of housing and dining facilities 15,495
under a lease entered into prior to September 17, 1996, may enter 15,496
into an amendment to that lease and may acquire, by purchase, 15,497
316
lease-purchase, lease with option to purchase, or otherwise, 15,498
those housing and dining facilities that are the subject of that 15,499
lease. To pay all or part of the costs of acquiring those 15,500
housing and dining facilities, and to refund obligations 15,501
previously issued for such purpose, a technical college district 15,502
may issue obligations in the manner provided by and subject to 15,503
the applicable provisions of section 3345.12 of the Revised Code 15,504
and Sections 99.03 and 99.06 of Am. Sub. H.B. 215 of the 122nd 15,505
General Assembly.
Section 8. OSB OHIO STATE SCHOOL FOR THE BLIND 15,507
General Revenue Fund 15,509
GRF 226-100 Personal Services $ 5,540,996 $ 5,631,645 15,514
GRF 226-200 Maintenance $ 676,533 $ 714,732 15,518
GRF 226-300 Equipment $ 69,534 $ 101,203 15,522
TOTAL GRF General Revenue Fund $ 6,287,063 $ 6,447,580 15,525
General Services Fund Group 15,527
4H8 226-602 Education Reform 15,530
Grants $ 29,900 $ 29,900 15,532
TOTAL GSF General Services 15,533
Fund Group $ 29,900 $ 29,900 15,536
State Special Revenue Fund Group 15,538
4M5 226-601 Work Study & 15,541
Technology
Investments $ 40,083 $ 40,924 15,543
TOTAL SSR State Special Revenue 15,544
Fund Group $ 40,083 $ 40,924 15,547
Federal Special Revenue Fund Group 15,549
3P5 226-643 Medicaid Professional 15,552
Services
Reimbursement $ 125,000 $ 125,000 15,554
310 226-626 Coordinating Unit $ 1,173,036 $ 1,195,850 15,558
TOTAL FED Federal Special 15,559
Revenue Fund Group $ 1,298,036 $ 1,320,850 15,562
TOTAL ALL BUDGET FUND GROUPS $ 7,655,082 $ 7,839,254 15,565
317
Maintenance 15,568
Of the foregoing appropriation item 226-200, Maintenance, 15,570
up to $21,962 in fiscal year 2001 shall be used to purchase 15,571
Braille and large-print textbooks in the areas of reading, 15,572
mathematics, and spelling for grades kindergarten through six. 15,573
Equipment 15,575
Of the foregoing appropriation item 226-300, Equipment, 15,577
$30,000 in fiscal year 2001 shall be used to purchase a van 15,578
equipped with a hydraulic lift for wheelchairs. 15,579
Section 9. OSD OHIO STATE SCHOOL FOR THE DEAF 15,581
General Revenue Fund 15,583
GRF 221-100 Personal Services $ 6,928,679 $ 7,132,058 15,588
GRF 221-200 Maintenance $ 944,938 $ 998,596 15,592
GRF 221-300 Equipment $ 180,715 $ 190,975 15,596
TOTAL GRF General Revenue Fund $ 8,054,332 $ 8,321,629 15,599
General Services Fund Group 15,601
4M1 221-602 Education Reform 15,604
Grants $ 64,867 $ 65,210 15,606
TOTAL GSF General Services 15,607
Fund Group $ 64,867 $ 65,210 15,610
State Special Revenue Fund Group 15,612
4M0 221-601 Educational Program 15,615
Expenses $ 16,890 $ 17,363 15,617
TOTAL SSR State Special Revenue 15,618
Fund Group $ 16,890 $ 17,363 15,621
Federal Special Revenue Fund Group 15,623
3R0 221-684 Medicaid Professional 15,626
Services
Reimbursement $ 80,000 $ 82,240 15,628
311 221-625 Coordinating Unit $ 848,780 $ 871,271 15,632
TOTAL FED Federal Special 15,633
Revenue Fund Group $ 928,780 $ 953,511 15,636
TOTAL ALL BUDGET FUND GROUPS $ 9,064,869 $ 9,357,713 15,639
Maintenance 15,642
318
Of the foregoing appropriation item 221-200, Maintenance, 15,644
$30,979 in fiscal year 2001 shall be used to renovate classrooms. 15,645
Equipment 15,647
Of the foregoing appropriation item 221-300, Equipment, 15,649
$5,923 in fiscal year 2001 shall be used to purchase security 15,650
equipment, including steel doors, computerized locks, and 15,651
television surveillance equipment.
Section 10. SFC SCHOOL FACILITIES COMMISSION 15,653
General Revenue Fund 15,655
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 15,660
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 15,663
State Special Revenue Fund Group 15,666
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 15,671
TOTAL SSR State Special Revenue 15,672
Fund Group $ 2,609,726 $ 2,738,277 15,675
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 15,678
Lease Rental Payments 15,681
The foregoing appropriation item 230-428, Lease Rental 15,683
Payments, shall be used by the School Facilities Commission to 15,684
pay bond service charges on obligations issued pursuant to 15,685
Chapter 3318. of the Revised Code.
Operating Expenses 15,687
The foregoing appropriation item 230-644, Operating 15,689
Expenses, shall be used by the Ohio School Facilities Commission 15,690
to carry out its responsibilities pursuant to this section and 15,691
Chapter 3318. of the Revised Code. 15,692
Within ten days after the effective date of this section, 15,694
or as soon as possible thereafter, the Executive Director of the 15,695
Ohio School Facilities Commission shall certify to the Director 15,696
of Budget and Management the amount of cash to be transferred 15,697
from the School Building Assistance Fund (Fund 032) or the Public 15,698
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 15,699
By July 10, 2000, the Executive Director of the Ohio School 15,701
319
Facilities Commission shall certify to the Director of Budget and 15,702
Management the amount of cash to be transferred from the School 15,703
Building Assistance Fund (Fund 032) or the Public School Building 15,704
Fund (Fund 021) to the Ohio School Facilities Commission Fund 15,705
(Fund 5E3).
Prior Year Encumbrances 15,707
At the request of the Director of the Ohio School 15,709
Facilities Commission, the Director of Budget and Management may 15,710
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 15,711
School Building Program Assistance, and reestablish such 15,712
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 15,713
CAP-622 shall not be increased as a result of reestablishing such 15,714
encumbrances. An amount equal to the canceled encumbrances in 15,715
CAP-770 shall be appropriated to CAP-775. 15,716
Disability Access Projects 15,718
The unencumbered and unallotted balances as of June 30, 15,720
1999, in appropriation item 230-649, Disability Access Project, 15,721
are hereby reappropriated. The unencumbered and unallotted 15,723
balances of the appropriation at the end of fiscal year 2000 are 15,724
hereby reappropriated in fiscal year 2001 to fund capital 15,725
projects pursuant to this section. 15,726
(A) As used in this section: 15,728
(1) "Percentile" means the percentile in which a school 15,730
district is ranked according to the fiscal year 1998 ranking of 15,731
school districts with regard to income and property wealth under 15,732
division (B) of section 3318.011 of the Revised Code. 15,733
(2) "School district" means a city, local, or exempted 15,735
village school district, but excluding a school district that is 15,736
one of the state's 21 urban school districts as defined in 15,737
division (O) of section 3317.02 of the Revised Code, as that 15,738
section existed prior to July 1, 1998. 15,739
(3) "Valuation per pupil" means a district's total taxable 15,742
value as defined in section 3317.02 of the Revised Code divided 15,743
320
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 15,744
1, 1998.
(B) The School Facilities Commission shall adopt rules for 15,746
awarding grants to school districts with a valuation per pupil of 15,748
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 15,749
which is to improve access to such facilities by physically 15,750
handicapped persons. The rules shall include application 15,751
procedures. No school district shall be awarded a grant under 15,752
this section in excess of $100,000. In addition, any school 15,753
district shall be required to pay a percentage of the cost of the 15,754
project for which the grant is being awarded equal to the 15,755
percentile in which the district is ranked. 15,756
Section 11. NET OHIO SCHOOLNET COMMISSION 15,758
General Revenue Fund 15,760
GRF 228-404 Operating Expenses $ 5,703,175 $ 5,483,910 15,765
GRF 228-406 Technical & 15,767
Instructional
Professional
Development $ 12,408,453 $ 12,706,256 15,769
GRF 228-539 Education Technology $ 6,707,421 $ 6,733,475 15,773
GRF 228-559 RISE - Interactive 15,775
Parenting Program $ 1,200,000 $ 1,200,000 15,777
Total GRF General Revenue Fund $ 26,019,049 $ 26,123,641 15,780
General Services Fund Group 15,782
5D4 228-640 Conference/Special 15,785
Purpose Expenses $ 500,000 $ 500,000 15,787
TOTAL GSF General Services 15,788
Fund Group $ 500,000 $ 500,000 15,791
State Special Revenue Fund Group 15,794
4W9 228-630 Ohio SchoolNet 15,797
Telecommunity Fund $ 3,389,447 $ 52,813 15,799
4X1 228-634 Distance Learning $ 3,174,718 $ 3,263,413 15,803
321
4Y4 228-698 SchoolNet Plus $ 90,000,000 $ 0 15,807
TOTAL SSR State Special Revenue 15,808
Fund Group $ 96,564,165 $ 3,316,226 15,811
Federal Special Revenue Fund Group 15,814
3S3 228-655 Technology Literacy 15,817
Challenge $ 16,650,418 $ 16,650,418 15,819
TOTAL FED Federal Special Revenue 15,820
Fund Group $ 16,650,418 $ 16,650,418 15,823
TOTAL ALL BUDGET FUND GROUPS $ 139,733,632 $ 46,590,285 15,826
SchoolNet Plus Program 15,829
(A) The foregoing appropriation item 228-698, SchoolNet 15,831
Plus, shall be used as follows: 15,832
(1) Up to $20,000,000 to purchase network 15,834
telecommunications equipment for each public elementary school 15,835
building in Ohio to provide classroom and building access to 15,836
existing and potential statewide voice, video, and data
telecommunication services. The Ohio SchoolNet Commission, in 15,837
consultation with the Department of Education and the Ohio 15,838
Education Computer Network, shall define the standards and 15,839
equipment configurations necessary to maximize the efficient use 15,840
of the existing and potential statewide voice, video, and data 15,841
telecommunication services.
(2) Up to $70,000,000 to establish and equip at least one 15,843
interactive computer workstation for each five children enrolled 15,844
in the fifth grade based on the number of children each 15,845
qualifying school district has enrolled in the fifth grade as 15,846
reported in October 1999 pursuant to division (A) of section
3317.03 of the Revised Code. 15,847
To the extent the Ohio SchoolNet Commission can reduce the 15,849
purchase cost of an interactive computer workstation through 15,850
efficient purchasing methods, the commission may utilize any cost 15,851
savings to begin a subsequent round of funding to provide 15,852
interactive computer workstations to qualifying school districts. 15,853
The commission may select qualifying school districts to receive 15,854
322
the proceeds of any savings based on district readiness to 15,855
utilize interactive computer workstations. The Commission may 15,856
determine readiness on either a district-wide or individual 15,857
classroom or grade-level basis or by such other criteria deemed 15,858
appropriate by the commission. 15,859
(3) To pay for the cost of an independent review of all 15,861
the agencies in Ohio that deliver education technology, as called 15,862
for in Recommendation One of the Report of the Ohio School 15,863
Technology Implementation Task Force.
(4) To pay for the cost of a statewide educational 15,865
technology strategic planning process as called for in 15,866
Recommendation Two of the Report of the Ohio Schools Technology 15,867
Implementation Task Force.
(B) Not later than November 30, 1999, the Executive 15,869
Director of the Ohio SchoolNet Commission shall allocate to 15,870
school districts the amount to be used pursuant to division 15,871
(A)(2) of this section. A school district's allocation shall 15,872
remain available until the district is ready to use it, and the
school district may use its allocation in phases. A school 15,873
district may use a portion of its allocation for training and 15,874
staff development related to the project if approved by the Ohio 15,875
SchoolNet Commission under division (C) of this section. 15,876
(C) The Ohio SchoolNet Commission shall adopt procedures 15,878
for the administration and implementation of the SchoolNet Plus 15,879
Program. The procedures shall include application procedures, 15,880
specification for education technology, and terms and conditions 15,881
for participation in the program. The commission shall not 15,882
approve any application for participation in the program unless 15,883
it has determined that the applicant can effectively and 15,884
efficiently integrate the requested education technology into 15,885
schools or the selected schools or classrooms for the phase of 15,886
the program.
(D) Educational technology made available to school 15,888
districts under division (B) of this section shall be used as an 15,889
323
integrated part of the curriculum in fifth grade classrooms. 15,890
However, if the commission determines that a school district 15,891
already has at least one interactive computer workstation for
each five children enrolled in the fifth grade, and the district 15,892
meets other minimum requirements that may be established by the 15,893
commission concerning staff training and other education 15,894
technology for such grades, the commission may permit the school 15,895
district to use educational technology made available to it 15,896
through the SchoolNet Plus Program for children in grades six
through twelve. 15,897
(E) As used in this section: 15,899
(1) "Qualifying school district" means all school 15,901
districts.
(2) "Educational technology" includes, but is not limited 15,903
to, computer hardware, equipment, training, and services; 15,904
equipment used for two-way audio or video; software; and 15,905
textbooks.
(F) All appropriations that are unencumbered and 15,907
unallotted in appropriation item 228-698, SchoolNet Plus, as of 15,908
June 30, 2000, are hereby appropriated for the same purpose in 15,909
fiscal year 2001 upon the request of the Executive Director of 15,910
the Ohio SchoolNet Commission and the approval of the Director of
Budget and Management. 15,911
Section 11.01. Technical and Instructional Professional 15,913
Development
The foregoing appropriation item 228-406, Technical and 15,915
Instructional Professional Development, shall be used by the Ohio 15,917
SchoolNet Commission, to make grants to qualifying schools,
including the State School for the Blind and the Ohio School for 15,919
the Deaf for the provision of hardware, software, 15,920
telecommunications services, and staff development to support 15,921
educational uses of technology in the classroom. 15,922
The Ohio SchoolNet Commission shall consider the 15,924
professional development needs associated with the OhioReads 15,925
324
Program when making funding allocations and program decisions. 15,926
The Ohio Educational Telecommunications Network Commission, 15,928
with the advice of the Ohio SchoolNet Commission, shall make 15,929
grants totaling up to $1,400,000 in each year of the biennium for 15,931
research development and production of interactive instructional 15,932
programming series and teleconferences to support SchoolNet. Up 15,933
to $50,000 of this amount shall be used in each year of the 15,934
biennium to provide for the administration of these activities by 15,935
the Ohio Educational Telecommunications Network Commission. The 15,936
programming shall be targeted to the needs of the poorest 200 15,937
school districts as determined by the district's adjusted 15,938
valuation per pupil as defined in section 3317.0213 of the 15,939
Revised Code.
Of the foregoing appropriation item 228-406, Technical and 15,941
Instructional Professional Development, $3,300,000 in each fiscal 15,942
year shall be distributed by the Ohio SchoolNet Commission to 15,944
low-wealth districts or consortia including low-wealth school 15,945
districts, as determined by the district's adjusted valuation per 15,947
pupil as defined in section 3317.0213 of the Revised Code, or the 15,948
State School for the Blind or the Ohio School for the Deaf. 15,949
The remaining appropriation allocated under this section 15,951
shall be used by the Ohio SchoolNet Commission for professional 15,952
development for teachers and administrators for the use of 15,953
educational technology. The commission shall make grants to 15,954
provide technical assistance and professional development on the 15,955
use of educational technology to school districts. 15,956
Eligible recipients of grants include regional training 15,958
centers, county offices of education, data collection sites, 15,959
instructional technology centers, institutions of higher 15,960
education, public television stations, special education resource 15,962
centers, area media centers, or other nonprofit educational 15,963
organizations. Services provided through these grants may 15,964
include use of private entities subcontracting through the grant 15,965
recipient.
325
Grants shall be made to entities on a contractual basis 15,967
with the Ohio SchoolNet Commission. Contracts shall include 15,969
provisions that demonstrate how services will benefit technology 15,970
use in the schools, and in particular will support SchoolNet 15,971
efforts to support technology in the schools. Contracts shall 15,972
specify the scope of assistance being offered and the potential 15,973
number of professionals who will be served. Contracting entities 15,974
may be awarded more than one grant at a time. 15,975
Grants shall be awarded in a manner consistent with the 15,977
goals of SchoolNet. Special emphasis in the award of grants 15,978
shall be placed on collaborative efforts among service providers. 15,979
Application for grants from this appropriation shall be 15,981
consistent with a school district's technology plan that shall 15,982
meet the minimum specifications for school district technology 15,983
plans as prescribed by the Ohio SchoolNet Commission. Funds 15,984
allocated through these grants may be combined with funds 15,985
received through other state or federal grants for technology as 15,986
long as the school district's technology plan specifies the use 15,987
of these funds. The commission may combine the application for 15,988
these grants with the SchoolNet application process authorized in 15,990
Am. Sub. H.B. 790 of the 120th General Assembly.
Education Technology 15,992
The foregoing appropriation item 228-539, Education 15,994
Technology, shall be used to provide funding to suppliers of 15,995
information services to school districts for the provision of 15,996
hardware, software, and staff development in support of 15,997
educational uses of technology in the classroom as prescribed by 15,998
the State Plan for Technology pursuant to section 3301.07 of the 15,999
Revised Code, and to support assistive technology for children 16,000
and youth with disabilities. 16,001
Up to $5,776,929 in each fiscal year shall be used by the 16,003
Ohio SchoolNet Commission to contract with instructional 16,004
television and $930,492 in fiscal year 2000 and $956,546 in 16,006
fiscal year 2001 shall be used by the commission to contract with 16,007
326
education media centers to provide Ohio schools with 16,008
instructional resources and services. 16,009
Resources may include, but not be limited to, the 16,011
following: pre-recorded video materials (including videotape, 16,012
laser discs, and CD-ROM discs); computer software for student use 16,014
and/or student access to electronic communication, databases, 16,015
spreadsheet, and word processing capability; live student courses 16,016
or courses delivered electronically; automated media systems; and 16,017
instructional and professional development materials for 16,018
teachers. The commission shall cooperate with such agencies in 16,019
the acquisition, development, and delivery of such educational 16,020
resources to ensure high-quality and educational soundness at the 16,021
lowest possible cost. Delivery of such resources may utilize a 16,022
variety of technologies, with preference given to a high-speed 16,023
integrated information network that can transport video, voice, 16,024
data, and graphics simultaneously.
Services shall include presentations and technical 16,026
assistance that will help students and teachers integrate 16,027
educational materials that support curriculum objectives, match 16,028
specific learning styles, and are appropriate for individual 16,029
interests and ability levels. 16,030
Such instructional resources and services shall be made 16,032
available for purchase by chartered nonpublic schools or by 16,033
public school districts for the benefit of pupils attending 16,034
chartered nonpublic schools.
Section 11.02. Interactive Parenting Program 16,036
The foregoing appropriation item 228-559, Interactive 16,038
Parenting Program, shall be used by the Ohio SchoolNet Commission 16,039
to fund a grant to RISE, Inc. as partial support to train 16,041
preschool staff members and parents.
It is the intent of the General Assembly that the 16,043
commission, in conjunction with RISE, Inc., shall develop a 16,044
program which may be conducted in conjunction with state 16,045
supported technology programs including, but not limited to, 16,046
327
SchoolNet appropriation item 228-406, and Education Technology 16,047
appropriation item 228-539, designed to educate preschool staff 16,048
members and providers on developmentally appropriate teaching 16,049
methods and to involve parents more closely in the education and 16,050
development of their children. The project shall include an 16,051
interactive instructional program, which shall be distributed to 16,052
program participants at up to twenty-six locations throughout the 16,053
state. The interactive instructional program shall be developed 16,054
to enhance the professional development, training, and 16,055
performance of preschool staff members; the education and 16,056
care-giving skills of the parents of preschool children; and the 16,057
preparation of preschool aged children for learning. 16,058
The project shall utilize the grant and matching nonpublic 16,060
funds to continue a direct-service program that shall include at 16,061
least three teleconferences to be distributed by Ohio-based 16,062
public television utilizing satellite or microwave technology in 16,063
a manner designed to promote interactive communications between 16,064
the program participants located at sub-sites within the Ohio 16,065
Educational Broadcast Network or as determined by the commission. 16,066
Program participants shall communicate with trainers and 16,067
participants at other program sites through telecommunications 16,068
and facsimile and on-line computer technology. To the maximum 16,069
extent possible, the project shall utilize systems currently 16,070
available in state supported technology programs and conduct the 16,071
program in a manner that promotes innovative, interactive 16,072
communications between the program participants at all the sites. 16,074
Parent support groups and teacher training sessions shall
supplement the teleconferences, and shall occur on a local basis. 16,075
RISE, Inc., may subcontract components of the project. 16,077
Individuals eligible to participate in the program shall 16,079
include those children, their parents, custodians, or guardians, 16,080
and preschool staff members who are eligible to participate in a 16,081
preschool program as defined in division (A) of section 3301.52 16,082
and section 5104.02 of the Revised Code. 16,083
328
(A) In addition to the foregoing, up to $400,000 each 16,085
fiscal year may be used by RISE, Inc., to enter into a 16,086
competitively bid contract with a not-for-profit entity or 16,087
entities to conduct a series of training programs for adult 16,088
volunteers who work with adolescent youths in after school 16,089
mentoring programs, including youth-serving organizations such as 16,090
Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and 16,091
public school mentor programs. The series of programs shall be 16,092
designed to:
(1) Improve the quality and effectiveness of adult 16,094
volunteers so that they would sustain their involvement with 16,095
youths over time. Specifically, they would improve their ability 16,096
to motivate, supervise, and communicate with young people. 16,097
(2) Improve the quality and effectiveness of adult 16,099
volunteers so that the children they mentor, coach, teach, or 16,100
befriend would sustain their involvement with youth-serving 16,101
organizations over time. 16,102
(3) Encourage collaboration between all Ohio youth-serving 16,105
organizations, including: 4-H, Boy Scouts, Girls Scouts, Big 16,106
Brothers, Big Sisters, and others.
(4) Provide cost-efficient, sustainable distance learning 16,109
to both rural and urban sites.
(B) In order to be eligible for the contract with RISE, 16,111
Inc., the program participants shall be able to demonstrate that 16,112
leading national experts in adolescent development intervention 16,113
programs will be utilized and that such program will make use of 16,114
a variety of media to engage participants and assist them in 16,115
learning the goals of the program. The program shall be designed 16,116
to focus on the adult volunteers who assist in youth development. 16,118
Training content shall focus on:
(1) Development issues for youth; 16,120
(2) Best practices to motivate, guide, and communicate 16,123
with these youths;
(3) Strategies for successful adult-to-adult interpersonal 16,126
329
relationships that are necessary for on-going learning and 16,127
support.
The program may include: two broadcast seminars of three 16,129
hours in length from a central up-link station, distributed in up 16,130
to 88 counties; corporate settings and extension offices with 16,131
on-site facilitated discussion and exercises; high 16,132
production-value video sought in various locations; and direct 16,133
interactive adult learning activities. The program shall develop 16,134
program workbooks. The program shall also involve at least three 16,135
small group facilitated follow-up discussion workshops and 16,136
development and distribution of at least two home videos. The 16,137
program shall also provide Internet access, interactive lines, 16,138
bulletin board, and CD-ROM. 16,139
Private sector supporters or RISE, Inc., subcontractors 16,141
shall match 50 per cent of the contract amount awarded under this 16,142
program. Upon completion of the program, a study and report 16,143
shall be made by The Ohio State University with measurable 16,144
outcome variables.
Upon completion of each of the school years for which the 16,146
grant was made, RISE, Inc., shall issue a report to the 16,147
commission and the members of the General Assembly explaining the 16,148
goals and objectives determined, the activities implemented, the 16,149
progress made toward the achievement of the goals and objectives, 16,150
and the outcome of the project. 16,151
Distance Learning 16,153
Appropriation item 228-634, Distance Learning, shall be 16,155
distributed by the Ohio SchoolNet Commission on a grant basis to 16,156
eligible school districts to establish "distance learning" in the 16,157
school district. Per the agreement with Ameritech, school 16,158
districts are eligible for funds if they are within an Ameritech 16,159
service area. Funds to administer the program shall be expended 16,160
by the commission up to the amount specified in the agreement 16,161
with Ameritech. 16,162
Within 30 days of the effective date of this section, the 16,164
330
Director of Budget and Management shall transfer from fund 4XI in 16,166
the State Special Revenue Fund Group any investment earnings from 16,167
moneys paid to the office or to the SchoolNet Commission by any 16,168
telephone company as part of a settlement agreement between the 16,169
company and the Public Utilities Commission in fiscal year 1995. 16,170
Section 12. SCR STATE BOARD OF PROPRIETARY SCHOOL 16,172
REGISTRATION 16,173
General Revenue Fund 16,175
GRF 233-100 Personal Services $ 377,366 $ 386,822 16,180
GRF 233-200 Maintenance $ 104,158 $ 107,075 16,184
GRF 233-300 Equipment $ 5,000 $ 5,000 16,188
TOTAL GRF General Revenue Fund $ 486,524 $ 498,897 16,191
TOTAL ALL BUDGET FUND GROUPS $ 486,524 $ 498,897 16,194
Section 13. TTA OHIO TUITION TRUST AUTHORITY 16,197
State Special Revenue Fund Group 16,199
645 095-601 Operating Expenses $ 3,856,585 $ 4,126,546 16,204
TOTAL SSR State Special Revenue 16,205
Fund Group $ 3,856,585 $ 4,126,546 16,208
TOTAL ALL BUDGET FUND GROUPS $ 3,856,585 $ 4,126,546 16,211
Operating Expenses 16,214
The foregoing appropriation item 095-601, Operating 16,216
Expenses, shall be used to pay the operating expenses of the Ohio 16,217
Tuition Trust Authority. 16,218
Of the foregoing appropriation item 095-601, Operating 16,220
Expenses, up to $30,000 over the biennium shall be used by the 16,221
Auditor of State to complete a performance audit of the Tuition 16,222
Trust Authority.
Section 14. Property Tax Allocation - Education 16,224
The appropriation item 200-901, Property Tax Allocation - 16,225
Education, made to the Department of Education, is appropriated 16,226
to pay for the state's costs incurred due to the homestead 16,227
exemption and the property tax rollback. In cooperation with the 16,228
Department of Taxation, the Department of Education shall
distribute these funds directly to the appropriate school 16,229
331
districts of the state, notwithstanding the provisions in 16,230
sections 321.24 and 323.156 of the Revised Code, which provide 16,231
for payment of the homestead exemption and property tax rollback 16,232
by the Tax Commissioner to the appropriate county treasurer and 16,233
the subsequent redistribution of these funds to the appropriate
local taxing districts by the county auditor. 16,234
The appropriation item 200-906, Tangible Tax Exemption - 16,236
Education, made to the Department of Education, is appropriated 16,237
to pay for the state's costs incurred due to the tangible 16,238
personal property tax exemption required by division (C)(3) of 16,239
section 5709.01 of the Revised Code. In cooperation with the 16,240
Department of Taxation, the Department of Education shall
distribute to each county treasurer the total amount certified by 16,241
the county treasurer pursuant to section 319.311 of the Revised 16,242
Code, for all school districts located in the county, 16,243
notwithstanding the provision in section 319.311 of the Revised 16,244
Code which provides for payment of the $10,000 tangible personal 16,245
property tax exemption by the Tax Commissioner to the appropriate 16,246
county treasurer for all local taxing districts located in the 16,247
county. Pursuant to division (G) of section 321.24 of the 16,248
Revised Code, the county auditor shall distribute the amount paid
by the Department of Education among the appropriate school 16,250
districts.
Upon receipt of these amounts, each school district shall 16,252
distribute the amount among the proper funds as if it had been 16,253
paid as real or tangible personal property taxes. Payments for 16,254
the costs of administration shall continue to be paid to the 16,255
county treasurer and county auditor as provided for in sections 16,256
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 16,258
appropriated in appropriation items 200-901, Property Tax 16,260
Allocation - Education, for the homestead exemption and the 16,261
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property 16,262
332
tax exemption payments, which are determined to be necessary for 16,263
these purposes, are hereby appropriated. 16,264
Section 15. Personal Service Expenses 16,266
Unless otherwise prohibited by law, each appropriation in 16,268
this act from which personal service expenses are paid shall bear 16,269
the employer's share of public employees' retirement, workers' 16,270
compensation, disabled workers' relief, and all group insurance 16,271
programs; the costs of centralized accounting, centralized 16,272
payroll processing, and related personnel reports and services; 16,273
the cost of the Office of Collective Bargaining; the cost of the 16,274
Personnel Board of Review; the cost of the Employee Assistance 16,275
Program; the cost of the Equal Opportunity Center; the costs of 16,276
interagency management infrastructure and the cost of 16,278
administering the state employee merit system as required by
section 124.07 of the Revised Code. Such costs shall be 16,279
determined in conformity with appropriate sections of law and 16,280
paid in accordance with procedures specified by the Office of 16,281
Budget and Management. 16,282
Section 16. Satisfaction of Judgments and Settlements 16,284
Against the State 16,285
An appropriation contained in this act may be used for the 16,287
purpose of satisfying judgments or settlements in connection with 16,288
civil actions against the state in federal court not barred by 16,289
sovereign immunity or the Eleventh Amendment to the Constitution 16,290
of the United States, or for the purpose of satisfying judgments, 16,291
settlements, or administrative awards ordered or approved by the 16,292
Court of Claims in connection with civil actions against the
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the 16,293
Revised Code. This authorization shall not apply to 16,294
appropriations to be applied to or used for payment of guarantees 16,295
by or on behalf of the state, for or relating to lease payments 16,296
or debt service on bonds, notes, or similar obligations and those 16,297
from the School Building Program Assistance Fund (Fund 032), and
any other fund into which proceeds of obligations are deposited. 16,299
333
Nothing contained in this section is intended to subject the
state to suit in any forum in which it is not otherwise subject 16,300
to suit, nor is it intended to waive or compromise any defense or 16,301
right available to the state in any suit against it. 16,302
Section 17. (A) As used in this section: 16,304
(1) "FY 1999 state aid" means the total amount of state 16,306
money received by a joint vocational school district under the 16,307
version of sections 3317.16 and 3317.162 of the Revised Code in 16,308
effect for that fiscal year, minus the amounts paid for driver 16,309
education and adult education.
(2) "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 16,312
state aid" mean the total amount of state money received by a 16,313
joint vocational school district in the applicable fiscal year 16,314
under divisions (B) to (D) of the version of section 3317.16 of 16,316
the Revised Code in effect for the applicable fiscal year. 16,317
(3) "FY 2000 actual aid" and "FY 2001 actual aid" mean the 16,320
amount of state aid described in division (A)(2) of this section 16,321
that was actually paid to a joint vocational school district in 16,322
the applicable fiscal year after the application of division (B) 16,323
or (C) of this section. 16,324
(4) "Formula ADM" has the same meaning as in section 16,326
3317.02 of the Revised Code. 16,327
(5) "FY 1999 ADM" means the average daily membership 16,329
certified by the joint vocational school district for fiscal year 16,331
1999 under division (D) of the version of section 3317.03 of the 16,332
Revised Code in effect for that year. 16,333
(B) In fiscal year 2000, notwithstanding any provision of 16,335
law to the contrary, no joint vocational school district shall 16,336
receive FY 2000 state aid that is more than the greater of the 16,337
following:
(1) 110% of its FY 1999 state aid; 16,339
(2) [1.08 X (FY 1999 state aid/FY 1999 ADM)< X fiscal year 16,343
2000 formula ADM. 16,344
If a joint vocational school district's projected FY 2000 16,346
334
state aid is more than the greater of division (B)(1) or (2) of 16,347
this section, the district shall receive only the greater of 16,348
division (B)(1) or (2) of this section in fiscal year 2000. 16,349
(C) In fiscal year 2001, notwithstanding any provision of 16,351
law to the contrary, no joint vocational school district shall 16,352
receive FY 2001 state aid that is more than the greater of the 16,353
following:
(1) 110% of its FY 2000 actual aid; 16,355
(2) [1.08 X (FY 2000 actual aid/fiscal year 2000 formula 16,357
ADM)< X fiscal year 2001 formula ADM. 16,359
If a joint vocational school district's projected FY 2001 16,361
state aid is more than the greater of division (C)(1) or (2) of 16,362
this section, the district shall receive only the greater of 16,363
division (C)(1) or (2) of this section in fiscal year 2001. 16,364
(D) In fiscal year 2002, notwithstanding any provision of 16,366
law to the contrary, no joint vocational school district shall 16,367
receive FY 2002 state aid that is more than the greater of the 16,368
following:
(1) 110% of its FY 2001 state aid; 16,370
(2) [1.08 X (FY 2001 actual aid/fiscal year 2001 formula 16,372
ADM)< X fiscal year 2002 formula ADM. 16,374
If a joint vocational school district's projected FY 2002 16,376
state aid is more than the greater of division (D)(1) or (2) of 16,377
this section, the district shall receive only the greater of 16,378
division (D)(1) or (2) of this section in fiscal year 2002. 16,379
Section 18. Lease Payments to OPFC, OBA, and Treasurer 16,381
Certain appropriations are in this act for the purpose of 16,383
lease payments to the Ohio Public Facilities Commission, to the 16,385
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 16,388
by the Ohio Public Facilities Commission, the Ohio Building 16,389
Authority, or the Treasurer of State pursuant to the Ohio 16,392
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 16,393
335
purpose, such amounts are hereby appropriated. 16,394
Section 19.* That Section 45.32 of Am. Sub. H.B. 117 of 16,396
the 121st General Assembly, as amended by Am. Sub. H.B. 215 of 16,397
the 122nd General Assembly, be amended to read as follows: 16,398
"Sec. 45.32. (A) As used in this section: 16,400
(1) A "client district" of an educational service center 16,402
means a city or exempted village school district that has entered 16,403
into an agreement with that service center pursuant to section 16,404
3313.843 of the Revised Code. 16,405
(2) "ADM" means the combined ADM of the local school 16,407
districts having territory in a service center and the ADM of 16,409
each client district of such center. 16,410
(B) By June 1, 1997, in the case of any educational 16,412
service centers that are serving only one local district pursuant 16,414
to section 3311.051 of the Revised Code; EXCEPT AS OTHERWISE
PROVIDED IN DIVISION (C) OF THIS SECTION, by June 1, 1999, in the 16,416
case of any service centers with ADMs of less than 8,000 that 16,417
serve fewer than six local or client school districts; and by
June 1, 2000, in the case of any educational service centers with 16,419
ADMs of less than 8,000 that serve six or more local or client 16,420
school districts, the superintendents of such service centers 16,421
shall notify the Superintendent of Public Instruction of the name 16,423
of one or more adjacent educational service centers with which 16,424
such service centers will merge to form joint service centers.
If the Superintendent does not receive such notification from a 16,425
center serving only one local district or serving an ADM of less 16,426
than 8,000 by the required date, the Superintendent shall 16,427
determine one or more suitable adjacent centers for such merger 16,428
and shall notify the superintendents and governing boards of all 16,429
centers involved of the determination. The centers named in the 16,430
notification required by this section or determined by the 16,431
Superintendent of Public Instruction pursuant to this section 16,432
shall form a joint center pursuant to section 3311.053 of the 16,433
Revised Code, which shall be effective on the first day of July 16,434
336
immediately following notification by the service center, or by 16,435
the Superintendent of Public Instruction, whichever applies. 16,436
(C) ANY EDUCATIONAL SERVICE CENTER CREATED ON OR BEFORE 16,440
JULY 1, 1997, UNDER A MERGER OF TWO EDUCATIONAL SERVICE CENTERS 16,442
PURSUANT TO SECTION 45.32 OF AM. SUB. H.B. 117 OF THE 121st 16,443
GENERAL ASSEMBLY, WHICH SERVICE CENTERS EACH CONTAINED ONLY ONE 16,444
LOCAL SCHOOL DISTRICT AT THE TIME OF THE MERGER SHALL COMPLY WITH 16,446
DIVISION (B) OF THIS SECTION BY JUNE 1, 2000." 16,447
Section 20.* That existing Section 45.32 of Am. Sub. H.B. 16,449
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 16,451
215 of the 122nd General Assembly, is hereby repealed. 16,452
Section 21.* The amendment of Section 45.32 of Am. Sub. 16,454
H.B. 117 of the 121st General Assembly, as amended by Am. Sub. 16,455
H.B. 215 of the 122nd General Assembly, is in confirmation of an 16,456
identical amendment to the section by Am. Sub. H.B. 770 of the 16,457
122nd General Assembly. Am. Sub. H.B. 770 properly amended the 16,458
section in its body, but failed to indicate the amendment in its
title. 16,459
Section 22. That Section 50.52.10 of Am. Sub. H.B. 215 of 16,461
the 122nd General Assembly, as most recently amended by Am. Sub. 16,462
H.B. 770 of the 122nd General Assembly, be amended to read as 16,463
follows:
"Sec. 50.52.10. (A) As used in this subsection: 16,465
(1) "Base formula amount" means the amount specified as 16,468
such in a community school's financial plan for a school year 16,469
pursuant to Subsection 5 of this section.
(2) "Cost-of-doing-business factor" has the same meaning 16,471
as in section 3317.02 of the Revised Code. 16,473
(3) "IEP" means an individualized education program AS 16,476
defined by division (E) of IN section 3323.01 of the Revised 16,477
Code.
(4) "Average county cost" means the cost, averaged among 16,480
school districts within a county, of providing special education 16,481
and related services to similarly handicapped children, as 16,482
337
calculated in a manner acceptable to the Superintendent of Public 16,484
Instruction.
(5) "Basic aid" means the amount computed for a district 16,486
under divisions (A) and, (C)(1), (E), AND (F) of section 3317.022 16,488
of the Revised Code.
(6) "Guarantee funds" means any payments received by a 16,490
school district pursuant to section 3317.0212 of the Revised 16,491
Code.
(7) "Per pupil state funds" for a district means the 16,493
figure obtained when the sum of the district's total annual basic 16,494
aid payments plus guarantee funds is divided by the district's 16,495
formula ADM as certified in section 3317.03 of the Revised Code. 16,497
(8) "Entitled to attend school in the district" means a 16,499
student is entitled to attend school in a district pursuant to 16,500
the provisions of section 3313.64 or 3313.65 of the Revised Code. 16,501
(B) The state board of education shall adopt rules 16,503
requiring both of the following: 16,504
(1) The board of education of each city, exempted village, 16,506
and local school district in the Lucas County area to annually 16,507
report the number of students entitled to attend school in the 16,508
district pursuant to section 3313.64 or 3313.65 of the Revised 16,510
Code in grades one through twelve, and one-half of the 16,511
kindergarten students, who are enrolled in a community school 16,512
established under this section and for each child, both of the 16,513
following:
(a) The community school in which the child is enrolled. 16,516
In addition, for each such child receiving special education and 16,517
related services in a community school pursuant to an IEP the 16,518
board shall report the average county cost for such child. 16,520
(b) If the district receives disadvantaged pupil impact 16,522
aid for the child pursuant to division (B) or divisions (C) and 16,523
(E) of section 3317.029 of the Revised Code, the amount received 16,525
for such child. 16,526
(2) The governing authority of each community school 16,528
338
established under this section to annually report the number of 16,529
students in grades one through twelve, and one-half of the 16,530
kindergarten students, enrolled in the school who are not 16,533
receiving special education and related services pursuant to an 16,534
IEP, the number of enrolled students in grades one through twelve 16,537
and one-half of the kindergarten students who are receiving 16,538
special education and related services pursuant to an IEP, the 16,539
number of enrolled preschool students counted in a unit approved 16,541
by the State Board of Education under section 3317.05 of the 16,543
Revised Code, the community school's base formula amount, and for 16,545
each student, the city, exempted village, or local school 16,546
district the student is entitled to attend under section 3313.64 16,547
or 3313.65 of the Revised Code. 16,548
(C) From the payments made to a city, exempted village, or 16,550
local school district under Chapter 3317. and, if necessary, 16,552
sections 321.14 and 323.156 of the Revised Code, the Department 16,553
of Education shall annually subtract all of the following: 16,554
(1) An amount equal to the sum of the amounts obtained 16,556
when, for each community school where the district's students are 16,557
enrolled, the number of the district's students reported under 16,559
division (B)(2) of this subsection in grades one through twelve, 16,560
and one-half of the kindergarten students, who are enrolled in 16,561
that community school and are not receiving special education and 16,562
related services pursuant to an IEP is multiplied by the base 16,564
formula amount of that community school as adjusted by the school 16,565
district's cost-of-doing-business factor.
(2) The sum of the average county costs for all district 16,567
students reported under division (B)(2) of this subsection who 16,569
are to be receiving special education and related services 16,570
pursuant to an IEP in their respective community schools, less 16,572
the sum of the prorated share for each such preschool handicapped
student of any amounts received from state funded units or from 16,574
any federal funds to provide special education and related 16,575
services to students in kindergarten through grade twelve in the 16,576
339
respective community schools. This prorated share of state unit 16,578
funding or federal funds received for each such student shall be 16,579
determined on the basis of all such funds received by a community 16,580
school for students receiving similar services, as calculated in 16,581
a manner acceptable to the Superintendent of Public Instruction. 16,582
(3) An amount equal to the sum of the amounts obtained 16,584
when, for each community school where the district's students are 16,585
enrolled, the number of the district's students enrolled in that 16,586
community school and residing in the district in a family 16,587
participating in Ohio works first under Chapter 5107. of the 16,589
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 16,591
year under division (B) or divisions (C) and (E) of section 16,592
3317.029 of the Revised Code.
(D) The Department shall annually pay to a community 16,595
school, or to any custodian of its funds designated pursuant to 16,597
subsection 5 of this section, all of the following:
(1) An amount equal to the sum of the amounts obtained 16,600
when, for each school district where the community school's 16,601
students are entitled to attend school under section 3313.64 or
3313.65 of the Revised Code, the number of students enrolled in 16,602
grades one through twelve plus one-half of the kindergarten 16,604
students in the school as reported under division (B)(2) of this 16,605
subsection who are not receiving special education and related 16,606
services pursuant to an IEP is multiplied by the community 16,607
school's base formula amount, as adjusted by that school 16,608
district's cost-of-doing-business factor;
(2) For each student enrolled in the school receiving 16,611
special education and related services pursuant to an IEP, an 16,612
amount equal to the average county cost for such student, less a 16,613
prorated share for a preschool handicapped student of any amount 16,615
received from state funded units or for any student, a prorated 16,616
share of any federal funds to provide special education and 16,617
related services to students in the community school. This 16,618
340
prorated share shall be determined as described under division 16,619
(C)(2) of this subsection.
(3) An amount equal to the sum of the amounts obtained 16,621
when, for each school district where the community school's 16,622
students are entitled to attend school under section 3313.64 or 16,623
3313.65 of the Revised Code, the number of that district's 16,624
students enrolled in the community school and participating in 16,625
Ohio works first is multiplied by the per pupil amount of 16,626
disadvantaged pupil impact aid that school district receives that 16,628
year under division (B) or divisions (C) and (E) of section 16,629
3317.029 of the Revised Code.
(E) For purposes of counting students in average daily 16,631
membership under section 3317.03 of the Revised Code, prior to 16,633
the first day of classes each year in any community school 16,634
established under this section, the parent, guardian, or 16,635
custodian of each student who is enrolled or intends to enroll 16,636
that year in the community school shall register the student's 16,637
name and address with the superintendent of the school district 16,638
in which the student is entitled to attend school. The
superintendent shall include all such students in the district's 16,639
average daily membership as if the students were enrolled during 16,640
the first full week of October in that school year. 16,641
(F) During the first year of operation of a community 16,643
school under this section, in addition to all other payments made 16,644
to any school district in which a student enrolled in the 16,645
community school is entitled to attend school pursuant to Chapter 16,647
3317. of the Revised Code, the Department of Education shall pay 16,648
such school district for each student enrolled in the community 16,650
school who is otherwise entitled to attend school in the district 16,651
an amount equal to 50 per cent of the district's per pupil state 16,652
funds.
(G) A community school may apply to the Department of 16,654
Education for preschool handicapped or gifted unit funding the 16,656
school would receive if it were a school district. Upon request 16,659
341
of its governing authority, a community school that received unit 16,660
funding as a school district-operated school before it was 16,661
converted to a community school shall retain any units awarded to 16,662
it as a school district-operated school, provided the school 16,663
continues to meet eligibility standards for the unit. 16,664
A community school shall be considered a school district 16,666
and its governing authority shall be considered a board of 16,667
education for the purpose of applying to any state or federal 16,668
agency for grants that a school district may receive under 16,669
federal or state law or any appropriations act of the General 16,670
Assembly. The governing authority of a community school may 16,671
apply to any private entity for additional funds. 16,672
(H) A board of education sponsoring a community school may 16,674
utilize local funds to make enhancement grants to the school or 16,675
may agree, either as part of the contract or separately, to 16,676
provide any specific services to the community school at no cost 16,677
to the school.
(I) A community school may not levy taxes or issue bonds 16,679
secured by tax revenues. 16,680
(J) No community school shall charge tuition for the 16,682
enrollment of any student. 16,683
(K) A community school may borrow money to pay any 16,685
necessary and actual expenses of the school in anticipation of 16,687
the receipt of any portion of the payments to be received by the 16,688
school pursuant to division (D) of this subsection. The school 16,689
may issue notes to evidence such borrowing to mature no later 16,690
than the end of the fiscal year in which such money was borrowed. 16,691
The proceeds of the notes shall be used only for the purposes for 16,693
which the anticipated receipts may be lawfully expended by the 16,694
school.
(L) For purposes of determining the number of students for 16,696
which division (D)(3) of this subsection applies in any school 16,698
year, a community school may submit to the state Department of 16,700
Human Services, no later than the first day of March, a list of 16,701
342
the students enrolled in the school. For each student on the 16,702
list, the community school shall indicate the student's name, 16,703
address, and date of birth and the school district where the
student is entitled to attend school under section 3313.64 or 16,704
3313.65 of the Revised Code. Upon receipt of a list under this 16,705
division, the Department of Human Services shall determine, for 16,706
each school district where one or more students on the list are 16,707
entitled to attend school under section 3313.64 or 3313.65 of the 16,708
Revised Code, the number of students residing in that school
district who were included in the Department's report required by 16,710
section 3317.10 of the Revised Code. The Department shall make 16,711
this determination on the basis of information readily available 16,712
to it. Upon making this determination and no later than ninety 16,713
days after submission of the list by the community school, the 16,714
Department shall report to the state Department of Education the
number of students on the list who reside in each school district 16,715
who were included in the Department's report made pursuant to 16,716
section 3317.10 of the Revised Code. In complying with this 16,718
division, the Department of Human Services shall not report to 16,719
the state Department of Education any personally identifiable 16,720
information on any student."
Section 23. That existing Section 50.52.10 of Am. Sub. 16,722
H.B. 215 of the 122nd General Assembly, as most recently amended 16,723
by Am. Sub. H.B. 770 of the 122nd General Assembly, is hereby 16,724
repealed.
Section 24. That Section 50.52.11 of Am. Sub. H.B. 215 of 16,726
the 122nd General Assembly be amended to read as follows: 16,727
"Sec. 50.52.11. The AS USED IN THIS SUBSECTION, "NATIVE 16,729
STUDENT" MEANS A STUDENT ENTITLED UNDER SECTION 3313.64 OR 16,730
3313.65 OF THE REVISED CODE TO ATTEND SCHOOL IN THE SCHOOL 16,731
DISTRICT.
THE board of education of the EACH city, local, or AND 16,734
exempted village school district in which a community school is 16,735
located THE LUCAS COUNTY AREA shall provide transportation to AND 16,737
343
FROM SCHOOL FOR ITS DISTRICT'S NATIVE students WHO ARE enrolled 16,738
in the A community school within the boundaries of the district, 16,741
except that the board shall be required to pick up and drop off a 16,742
nonhandicapped student only at a regular school bus stop 16,743
designated in accordance with the board's transportation policy. 16,744
A school board is not required to provide transportation to a 16,745
resident student attending a community school outside the
district LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME 16,746
BASIS THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS 16,747
ENROLLED IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF 16,748
EDUCATION AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE 16,749
FROM SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED 16,750
BY THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS 16,751
UNNECESSARY OR UNREASONABLE. A BOARD SHALL NOT BE REQUIRED TO 16,752
TRANSPORT NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL 16,753
LOCATED IN ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD 16,754
REQUIRE MORE THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS 16,755
MEASURED BY SCHOOL BUS FROM THE COLLECTION POINT DESIGNATED BY 16,756
THE DISTRICT'S COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A 16,759
COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER 16,760
PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE 16,761
PARENT, GUARDIAN, OR OTHER PERSON. THE AMOUNT PAID PER PUPIL 16,762
SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER 16,763
PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF 16,764
CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT 16,765
PRECEDING YEAR." 16,766
Section 25. That existing Section 50.52.11 of Am. Sub. 16,768
H.B. 215 of the 122nd General Assembly is hereby repealed. 16,769
Section 26. That Section 18 of Am. Sub. H.B. 650 of the 16,771
122nd General Assembly, as most recently amended by Am. Sub. H.B. 16,772
850 of the 122nd General Assembly, be amended to read as follows: 16,773
"Sec. 18. (A) As used in this section: 16,775
344
(1) "FY 1998 state aid" means the total amount of state 16,777
money received by a school district for fiscal year 1998 as 16,779
reported on the Department of Education's form "SF-12," adjusted 16,780
as follows: 16,781
(a) Minus any amounts for approved preschool handicapped 16,784
units;
(b) Minus any additional amount attributable to the 16,787
reappraisal guarantee of division (C) of section 3317.04 of the 16,788
Revised Code;
(c) Plus the amount deducted for payments to an 16,790
educational service center; 16,791
(d) Plus an estimated portion of the state money 16,793
distributed in fiscal year 1998 to other school districts or 16,794
educational service centers for approved units, other than 16,795
preschool handicapped or gifted education units, attributable to 16,796
the costs of providing services in those units to students 16,797
entitled to attend school in the district; 16,798
(e) Minus an estimated portion of the state money 16,800
distributed to the school district in fiscal year 1998 for 16,801
approved units, other than preschool handicapped units or gifted 16,802
education units, attributable to the costs of providing services 16,803
in those units to students entitled to attend school in another 16,804
school district; 16,805
(f) Plus any additional amount paid pursuant to the 16,808
vocational education recomputation required by former Section 16,809
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 16,811
(g) Plus any additional amount paid pursuant to the 16,814
special education recomputation required by former division (I) 16,815
of section 3317.023 of the Revised Code; 16,816
(h) Plus any amount paid for equity aid under section 16,819
3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to 16,821
section 3317.027 of the Revised Code; 16,822
(j) Plus any amount received for that year pursuant to a 16,824
345
recomputation made under division (B) of section 3317.022 of the 16,825
Revised Code.
(2) "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS 16,828
DEFINED IN THE VERSION OF THIS SECTION IN EFFECT FOR FISCAL YEAR
1999.
(3) "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 16,833
state aid" mean the total amount of state money a school district 16,834
is eligible to receive for the applicable fiscal year under 16,835
divisions (A), (B), (C)(1) AND (5), and (D), AND (E) of section 16,837
3317.022 and sections 3317.025, 3317.027, 3317.029, 3317.0212, 16,839
and 3317.0213 of the Revised Code, plus any amount for which the 16,840
district is eligible pursuant to division (C) of section 16,842
3317.023, divisions (G) and (P) of section 3317.024, and THE 16,844
SUPPLEMENTAL UNIT ALLOWANCE PAID FOR GIFTED UNITS UNDER division 16,845
(B) of section 3317.162 of the Revised Code, and prior to any 16,846
deductions or credits required by division (B), (D), (E), (F), 16,847
(G), (H), (I), (J), or (K) of section 3317.023 or division (J) of 16,849
section 3317.029 of the Revised Code. 16,850
(3)(4) "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE 16,853
AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE 16,854
APPLICATION OF DIVISION (B) OF THIS SECTION, PLUS AN APPROPRIATE 16,855
PROPORTION, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OF THE 16,856
AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FROM
THE VOCATIONAL EDUCATION SET-ASIDE, AS DEFINED IN SECTION 16,857
3317.0212 OF THE REVISED CODE AND ATRTIBUTABLE TO THE DISTRICT'S 16,858
STUDENTS.
(5) "FY 2000 actual aid," AND "FY 2001 actual aid," and 16,863
"FY 2002 actual aid" means MEAN the amount of the state aid 16,864
described in division (A)(2)(3) of this section that was actually 16,866
paid to a school district in the applicable fiscal year after the 16,868
application of divisions (B)(C) to (E) of this section.
(4)(6) "FY 1998 ADM," "formula ADM," and "three-year 16,871
average formula ADM" have the meanings prescribed in section 16,872
3317.02 of the Revised Code. 16,873
346
(5)(7) "All-day kindergarten" has the meaning prescribed 16,875
in section 3317.029 of the Revised Code. 16,876
(8) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 16,878
VILLAGE SCHOOL DISTRICT. 16,879
(B) In fiscal year 1999, notwithstanding any provision of 16,882
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 16,884
(1) 110 per cent of FY 1998 state aid; 16,886
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 16,889
of fiscal year 1999 formula ADM or three-year average formula 16,890
ADM.
If a district's projected FY 1999 state aid is more than 16,892
the greater of division (B)(1) or (2) of this section, such 16,894
district shall receive only the greater of division (B)(1) or (2) 16,896
of this section in fiscal year 1999. 16,897
(C) In fiscal year 2000, notwithstanding any provision of 16,900
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 16,901
(1) 110 per cent of ADJUSTED FY 1999 actual aid; 16,903
(2) [1.06 1.08 X (ADJUSTED FY 1999 actual aid/fiscal year 16,906
1999 formula ADM)< X the greater of fiscal year 2000 formula ADM 16,909
or three-year average formula ADM.
If a district's projected FY 2000 state aid is more than 16,911
the greater of division (C)(1) or (2) of this section, such 16,912
district shall receive only the greater of division (C)(1) or (2) 16,914
of this section in fiscal year 2000. 16,915
(D) In fiscal year 2001, notwithstanding any provision of 16,918
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 16,919
(1) 110 per cent of FY 2000 actual aid; 16,922
(2) [1.06 1.08 X (FY 2000 actual aid/fiscal year 2000 16,925
formula ADM)< X the greater of fiscal year 2001 formula ADM or 16,927
three-year average formula ADM.
If a district's projected FY 2001 state aid is more than 16,929
347
the greater of division (D)(1) or (2) of this section, such 16,931
district shall receive only the greater of division (D)(1) or (2) 16,934
of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 16,937
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 16,938
(1) 110 per cent of FY 2001 actual aid; 16,941
(2) [1.06 1.08 X (FY 2001 actual aid/fiscal year 2001 16,944
formula ADM)< X the greater of fiscal year 2002 formula ADM or 16,946
three-year average formula ADM.
If a district's projected FY 2002 state aid is more than 16,948
the greater of division (E)(1) or (2) of this section, such 16,950
district shall receive only the greater of division (E)(1) or (2) 16,952
of this section in fiscal year 2002. 16,953
(F) This division and division (G) of this section apply 16,955
only to districts subject to division (F) of section 3317.029 of 16,956
the Revised Code. As used in this division and division (G) of 16,958
this section:
(1) "Capped district" means a district that pursuant to 16,960
division (B), (C), (D), or (E) of this section will not receive 16,962
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 16,963
aid.
(2) "DPIA funds" means: 16,965
(a) In FY 1998, the amount calculated for the district 16,967
pursuant to division (B) of section 3317.023 of the Revised Code 16,968
as it existed in that fiscal year; 16,969
(b) In any fiscal year after FY 1998, the total amount 16,971
calculated for the district for that fiscal year pursuant to 16,972
section 3317.029 of the Revised Code. 16,973
(3) "Exempt DPIA portion" means: 16,975
(a) In the case of any district other than a capped 16,977
district, an amount equal to zero; 16,978
(b) In the case of a capped district, the amount resulting 16,980
from the application of the following formula: 16,981
348
(The district's DPIA funds for the year of 16,983
the calculation minus the district's DPIA funds for 16,984
FY 1998) minus (the district's actual aid for the year 16,985
of the calculation minus the district's FY 1998 state aid) 16,986
However, if this formula produces a negative number, the 16,988
district's exempt DPIA portion is zero. 16,989
(4) "Required all-day kindergarten" for a district means 16,991
the provision of all-day kindergarten to the number of students 16,992
in the district's kindergarten percentage specified pursuant to 16,993
division (H)(1) of section 3317.029 of the Revised Code. 16,994
(G) Notwithstanding any provision of law to the contrary: 16,996
(1) In the case of any district, the district's DPIA funds 16,998
are hereby deemed to first consist of any disadvantaged pupil 16,999
impact aid calculated for the district for all-day kindergarten 17,000
under division (D) of section 3317.029 of the Revised Code, and 17,001
to next consist of any disadvantaged pupil impact aid calculated 17,002
for the district under divisions (C) and (E) of section 3317.029 17,003
of the Revised Code. Each district shall expend whatever funds 17,004
necessary to ensure provision of its required all-day
kindergarten. 17,005
(2) In FY 1999, a district shall expend for the purposes 17,007
of section 3317.029 of the Revised Code an amount equal to at 17,008
least twenty-five per cent of the resultant derived from 17,009
subtracting the district's exempt DPIA portion from the amount 17,010
calculated for the district under divisions (C) and (E) of 17,011
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 17,013
of section 3317.029 of the Revised Code an amount equal to at 17,014
least fifty per cent of the resultant derived from subtracting 17,015
the district's exempt DPIA portion from the amount calculated for 17,016
the district under divisions (C) and (E) of section 3317.029 of 17,017
the Revised Code.
(4) In FY 2001, a district shall expend for the purposes 17,019
of section 3317.029 of the Revised Code an amount equal to at 17,020
349
least seventy-five per cent of the resultant derived from 17,021
subtracting the district's exempt DPIA portion from the amount 17,022
calculated for the district under divisions (C) and (E) of 17,023
section 3317.029 of the Revised Code.
(5) In FY 2002 and thereafter, a district shall expend one 17,025
hundred per cent of its DPIA funds for the purposes of section 17,026
3317.029 of the Revised Code. 17,027
(6) Districts shall comply with the requirements of 17,029
division (G) of section 3317.029 of the Revised Code." 17,030
Section 27. That existing Section 18 of Am. Sub. H.B. 650 17,032
of the 122nd General Assembly, as most recently amended by Am. 17,033
Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed. 17,034
Section 28. That Sections 6, 30.07, 30.10, and 31 of Am. 17,036
Sub. H.B. 850 of the 122nd General Assembly be amended to read as 17,038
follows:
"Sec. 6. The items set forth in this section are hereby 17,040
appropriated out of any moneys in the state treasury to the 17,042
credit of the Public School Building Fund (Fund 021), which are 17,043
not otherwise appropriated. Appropriations
APPROPRIATIONS 17,045
SFC SCHOOL FACILITIES COMMISSION 17,046
CAP-622 Public School Buildings $ 145,000,000 17,049
CAP-777 Disability Access Projects $ 5,000,000 17,051
Total School Facilities Commission $ 150,000,000 17,053
Total Public School Building Fund $ 150,000,000 17,055
DISABILITY ACCESS PROJECTS 17,059
THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS 17,062
PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS 17,063
SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH
DISABILITIES. 17,064
(A) AS USED IN THIS SECTION: 17,066
(1) "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL 17,068
DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF 17,069
SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER 17,070
350
DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE. 17,071
(2) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 17,073
VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS 17,074
ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN 17,075
DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT 17,076
SECTION EXISTED PRIOR TO JULY 1, 1998.
(3) "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE 17,078
VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED 17,079
BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION 17,080
3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY 17,081
1, 1998.
(B) THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR 17,084
AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL 17,085
LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,
OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF 17,086
WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY 17,087
HANDICAPPED PERSONS. THE RULES SHALL INCLUDE APPLICATION 17,088
PROCEDURES. NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER 17,089
THIS SECTION IN EXCESS OF $100,000. IN ADDITION, ANY SCHOOL 17,090
DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE 17,091
PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE 17,092
PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.
Sec. 30.07. Reimbursements for Project Costs 17,094
Appropriations made in Sections 30.02 to 30.06 30.45 of 17,096
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 17,100
purposes of costs of capital facilities for the interim financing 17,101
of which the particular institution has previously issued its own 17,102
obligations anticipating the possibility of future state 17,103
appropriations to pay all or a portion of such costs, as 17,104
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 17,105
agent for those outstanding obligations in the full principal 17,106
amount of those obligations then to be paid from the anticipated 17,107
appropriation, and shall be timely applied to the retirement of a 17,108
351
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 30.45 of 17,110
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 17,114
purposes of costs of capital facilities, all or a portion of 17,115
which costs the particular institution has paid from the 17,116
institution's moneys that were temporarily available and which 17,117
payments were reasonably expected to be reimbursed from the 17,118
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments, 17,120
and shall be timely applied to the reimbursement of those 17,121
temporarily available moneys.
Sec. 30.10. CSU CENTRAL STATE UNIVERSITY 17,123
CAP-022 Basic Renovations $ 804,400 17,126
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 17,128
CAP-084 College of Education Facility - 17,129
Planning $ 1,000,000 17,130
Total Central State University $ 4,253,800 17,132
College of Education Facility - Planning 17,135
The foregoing appropriation item CAP-084, College of 17,137
Education Facility - Planning, shall not be released by the 17,139
Controlling Board or the Director of Budget and Management until 17,140
Central State University has satisfactorily completed a 17,141
Campus-wide Master Plan, and has made progress satisfactory to
the Board of Regents and the Office of Budget and Management in 17,143
completing the correction of its outstanding adjudication orders 17,144
as issued by the Department of Commerce. Such progress shall 17,145
include the development of a plan to comply with all remaining 17,146
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 17,147
State University's debt service obligation until fiscal year 17,148
2002.
Sec. 31. Debt Service Formula Allocation 17,150
Based on the foregoing appropriations in Sections 30 and 17,152
30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL 17,154
352
ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the 17,155
following higher education institutions shall be responsible for 17,156
the specified amounts as part of the debt service component of 17,158
the instructional subsidy beginning in fiscal year 2000:
Institution Amount 17,160
University of Akron $10,800,000 17,161
University of Akron - Wayne $ 675,000 17,162
Bowling Green State University $14,013,310 17,163
Bowling Green State University - Firelands $ 2,056,440 17,164
Central State University $ 2,449,400 17,165
University of Cincinnati $39,386,650 17,166
University of Cincinnati - Walters $ 3,445,212 17,167
Cleveland State University $16,719,670 17,168
Kent State University $17,644,310 17,169
Kent State University - Ashtabula $ 575,000 17,170
Kent State University - East Liverpool $ 570,980 17,171
Kent State University - Geauga $ 60,000 17,172
Kent State University - Salem $ 288,310 17,173
Kent State University - Stark $ 1,743,360 17,174
Kent State University - Trumbull $ 175,000 17,175
Kent State University - Tuscarawas $ 75,000 17,176
Miami University $18,400,000 17,177
17,400,000 17,178
Miami University - Hamilton $ 969,540 17,179
Miami University - Middletown $ 1,568,330 17,180
Ohio State University $80,760,310 17,181
77,760,310 17,182
Ohio State University - Lima $2,152,620 17,183
1,118,330 17,184
Ohio State University - Mansfield $ 850,000 17,185
Ohio State University - Marion $ 408,000 17,186
Ohio State University - ATI $ 1,560,000 17,187
Ohio University $26,700,280 17,188
21,700,280 17,189
353
Ohio University - Eastern $ 398,040 17,190
Ohio University - Chillicothe $ 953,030 17,191
Ohio University - Lancaster $ 1,116,760 17,192
Ohio University - Zanesville $ 1,136,920 17,193
Shawnee State University $ 1,751,500 17,194
University of Toledo $19,800,000 17,195
Wright State University $11,300,000 17,196
Youngstown State University $ 9,200,000 17,197
Medical College of Ohio $ 5,442,150 17,198
Northeastern Ohio Universities College of Medicine $3,425,580 17,200
3,443,313 17,201
Cincinnati State Technical and Community College $ 1,036,000 17,202
Columbus State Community College $ 1,500,000 17,203
Cuyahoga Community College $ 6,800,000 17,204
Edison State Community College $ 50,000 17,205
Jefferson Community College $ 817,165 17,206
Lakeland Community College $ 3,165,340 17,207
Lorain Community College $ 100,000 17,208
Owens Community College $ 3,747,260 17,209
Rio Grande Community College $ 636,000 17,210
Hocking Technical College $ 2,924,325 17,211
Lima Technical College $ 900,000 17,212
Marion Technical College $ 52,700 17,213
North Central Technical College $ 750,000 17,214
Stark Technical College $ 1,253,252 17,215
Institutions not listed above shall not have a debt service 17,218
obligation as a result of these appropriations. 17,219
Within sixty days after the effective date of this section 17,221
NOT LATER THAN MAY 17, 1999, any institution of higher education 17,223
may notify the Board of Regents of its intention not to proceed 17,224
with any project appropriated in this act AM. SUB. H.B. OF THE 17,225
122nd GENERAL ASSEMBLY. Upon receiving such notification, the 17,227
Board of Regents may release the institution from its debt
service obligation for the specific project." 17,228
354
Section 29. That existing Sections 6, 30.07, 30.10, and 31 17,230
of Am. Sub. H.B. 850 of the 122nd General Assembly are hereby 17,232
repealed.
Section 30.* That Section 26 of Am. Sub. H.B. 850 of the 17,234
122nd General Assembly be amended to read as follows: 17,236
"Sec. 26. (A) All items set forth in this section are 17,238
hereby appropriated out of any moneys in the state treasury to 17,239
the credit of the School Building Program Assistance Fund (Fund 17,240
032) created under section 3318.25 of the Revised Code, derived 17,241
from the proceeds of obligations heretofore and herein authorized 17,242
to pay the cost to the state of acquiring classroom facilities 17,243
for sale to school districts pursuant to sections 3318.01 to 17,244
3318.20 of the Revised Code. 17,245
Appropriations 17,247
SFC SCHOOL FACILITIES COMMISSION 17,248
CAP-737 School Building Program Assistance $ 355,000,000 17,251
Total School Facilities Commission $ 355,000,000 17,253
Total School Building Program Assistance Fund $ 355,000,000 17,255
School Building Program Assistance 17,258
The foregoing appropriation item CAP-737, School Building 17,260
Program Assistance, shall be used by the School Facilities 17,261
Commission to provide funding to school districts that receive 17,262
conditional approval from the Commission pursuant to Chapter 17,263
3318. of the Revised Code.
Commitments by the School Facilities Commission 17,265
The School Facilities Commission shall not commit at least 17,267
$300 million of the combined amounts of the foregoing 17,268
appropriations items CAP-622, Public School Buildings (Fund 021), 17,269
and CAP-737, Public School Building Assistance (Fund 032), until 17,270
after June 30, 1999.
(B)(1) As used in this division: 17,272
(a) "Low wealth school district" means a school district 17,274
in the lowest fifty per cent of adjusted valuation per pupil on 17,275
the fiscal year 1999 ranking of school districts, established 17,276
355
pursuant to section 3317.02 3317.0213 of the Revised Code. 17,277
(b) A "school district with an exceptional need for 17,279
immediate CLASSROOM facility assistance" means a school district 17,281
with an exceptional need for new facilities in order to protect 17,282
the health and safety of all or a portion of its students. 17,283
School districts reasonably expected to be served by the
Classroom Facilities Assistance Program prior to June 30, 2002, 17,285
in THE order provided under divisions (C)(1) and (2) of section 17,287
3318.06 3318.02 of the Revised Code, are excluded from 17,289
participating in this exceptional needs pilot program. 17,290
(2) Of the $300,000,000 the School Facilities Commission 17,292
shall not commit until after June 30, 1999, the School Facilities 17,293
Commission may set aside up to ten per cent for the pilot program 17,295
for low wealth school districts with exceptional needs for 17,296
immediate classroom facility assistance.
(3)(a) After consulting with education and construction 17,298
experts, the School Facilities Commission shall adopt guidelines 17,299
for identifying school districts with an exceptional need for 17,300
immediate classroom facility assistance. 17,301
(b) The guidelines shall include application forms and 17,303
instructions for school districts that believe they have an 17,304
exceptional need for immediate classroom facility assistance. 17,305
(4) The School Facilities Commission shall evaluate the 17,307
classroom facilities, and the need for replacement classroom 17,308
facilities from the applications received under this section. 17,309
The School Facilities Commission, utilizing the guidelines 17,310
adopted pursuant to division (B)(3) of this section, shall
prioritize the school districts to be assessed. 17,311
In accordance with division (C)(3) of NOTWITHSTANDING 17,313
section 3318.02 of the Revised Code, the School Facilities 17,315
Commission may conduct on-site evaluation of the school districts 17,316
prioritized under this section and approve and award funds until
such time as all funds set aside pursuant to division (B)(2) of 17,318
this section have been encumbered pursuant to section 3318.04 of 17,319
356
the Revised Code.
(5) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 17,322
REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL
BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT 17,323
PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT 17,324
COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE 17,325
REVISED CODE."
Section 31.* That existing Section 26 of Am. Sub. H.B. 850 17,327
of the 122nd General Assembly is hereby repealed. 17,328
Section 32. Every school district shall identify by 17,330
November 15, 2000, any gifted student enrolled as of January 1, 17,331
2000, in grades kindergarten through eleven in the district. 17,332
Section 33.* Not later than four years after the effective 17,334
date of this section, the Board of Regents shall determine the 17,335
cost of upgrading facilities at public universities in this state 17,336
that likely would be used if the City of Cincinnati were awarded 17,337
the summer olympic games. Upon completion of the cost 17,338
determination, the board shall submit a written report of its 17,339
findings to the Governor, the President of the Senate, the 17,340
Speaker of the House of Representatives, and to each member of 17,341
the legislative authority of the City of Cincinnati. 17,342
Section 34.* On the effective date of this section, the 17,344
Ohio SchoolNet Office is abolished and all of its functions, and 17,345
assets and liabilities, are transferred to the Ohio SchoolNet 17,346
Commission. The Ohio SchoolNet Commission is thereupon and 17,347
thereafter successor to, assumes the obligations of, and 17,348
otherwise constitutes the continuation of the Ohio SchoolNet 17,349
Office.
Any business commenced but not completed by the Ohio 17,351
SchoolNet Office or its director on the effective date of this 17,352
section shall be completed by the Ohio SchoolNet Commission or 17,353
its executive director in the same manner, and with the same 17,354
effect, as if completed by the Ohio SchoolNet Office or its 17,355
director. No validation, cure, right, privilege, remedy, 17,356
357
obligation, or liability is lost or impaired by reason of the 17,357
transfer required by this section and shall be administered by 17,358
the Ohio SchoolNet Commission. All of the Ohio SchoolNet 17,359
Office's rules, orders, and determinations continue in effect as 17,360
rules, orders, and determinations of the Ohio SchoolNet 17,361
Commission, until modified or rescinded by the Ohio SchoolNet 17,362
Commission. If necessary to ensure the integrity of the 17,363
numbering of the Administrative Code the Director of the 17,364
Legislative Service Commission shall renumber the Ohio SchoolNet 17,365
Office's rules to reflect their transfer to the Ohio SchoolNet 17,366
Commission.
Subject to the lay-off provisions of sections 124.321 to 17,368
124.328 of the Revised Code, all of the employees of the Ohio 17,369
SchoolNet Office are transferred to the Ohio SchoolNet Commission 17,370
and retain their positions and all of the benefits accruing 17,371
thereto.
Whenever the Ohio SchoolNet Office or its director is 17,373
referred to in any law, contract, or other document, the 17,374
reference shall be deemed to refer to the Ohio SchoolNet 17,375
Commission or its executive director, whichever is appropriate. 17,376
No action or proceeding pending on the effective date of 17,378
this section is affected by the transfer, and shall be prosecuted 17,379
or defended in the name of the Ohio SchoolNet Commission or its 17,380
executive director. In all such actions and proceedings, the 17,381
Ohio SchoolNet Commission or its executive director upon 17,382
application to the court shall be substituted as a party. 17,383
Section 35. Except as otherwise specifically provided in 17,385
this act, the codified sections of law amended or enacted in this 17,386
act, and the items of law of which the codified sections of law 17,387
amended or enacted in this act are composed, are subject to the 17,388
referendum. Therefore, under Ohio Constitution, Article II, 17,389
Section 1c and section 1.471 of the Revised Code, the codified 17,390
sections of law amended or enacted by this act, and the items of 17,391
law of which the codified sections of law as amended or enacted 17,392
358
by this act are composed, take effect on the ninety-first day 17,393
after this act is filed with the Secretary of State. If, 17,394
however, a referendum petition is filed against any such codified 17,395
section of law as amended or enacted by this act, or against any 17,396
item of law of which any such codified section of law as amended 17,397
or enacted by this act is composed, the codified section of law 17,398
as amended or enacted, or item of law, unless rejected at the 17,399
referendum, takes effect at the earliest time permitted by law. 17,400
Section 36. Except as otherwise specifically provided in 17,402
this act, the repeal by this act of a codified section of law is 17,403
subject to the referendum. Therefore, under Ohio Constitution, 17,404
Article II, Section 1c and section 1.471 of the Revised Code, the 17,405
repeal by this act of a codified section of law takes effect on 17,406
the ninety-first day after this act is filed with the Secretary 17,407
of State. If, however, a referendum petition is filed against 17,408
any such repeal, the repeal, unless rejected at the referendum, 17,409
takes effect at the earliest time permitted by law. 17,410
Section 37. Sections 3314.03, 3314.06, 3314.08, 3314.09, 17,413
3314.11, 3316.05, 3316.06, 3317.014, 3317.02, 3317.022, 3317.023, 17,414
3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0216, 3317.03,
3317.033, 3317.05, 3317.051, 3317.16, 3317.162, 3318.33, 3332.05, 17,417
3332.07, 3333.12, 3333.27, and 5910.032 of the Revised Code as 17,418
amended or enacted by this act, and the items of law of which 17,419
such sections as amended or enacted by this act are composed, are 17,420
not subject to the referendum. Therefore, under Ohio 17,421
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, such sections as amended or enacted by this act, 17,422
and the items of law of which such sections as amended or enacted 17,423
by this act are composed, go into immediate effect when this act 17,424
becomes law. 17,425
Section 38. The repeal by this act of sections 3317.053 17,427
and 3317.16 of the Revised Code is not subject to the referendum. 17,428
Therefore, under Ohio Constitution, Article II, Section 1d and 17,429
section 1.471 of the Revised Code, the repeals go into immediate 17,430
359
effect when this act becomes law. 17,431
Section 39. (A) The amendments by this act to division 17,433
(F) of section 5919.34 of the Revised Code constitute an item of 17,434
law that is subject to the referendum. Therefore, under Ohio 17,435
Constitution, Article II, Section 1c and section 1.471 of the 17,436
Revised Code, this item of law takes effect on the ninety-first 17,437
day after this act is filed with the Secretary of State. If, 17,438
however, a referendum petition is filed against the item of law, 17,439
the item of law, unless rejected at the referendum, takes effect 17,440
at the earliest time permitted by law. 17,441
(B) The amendments by this act to section 5919.34 of the 17,443
Revised Code, except for the amendments to division (F) of the 17,444
section, constitute an item of law that is not subject to the 17,445
referendum. Therefore, under Ohio Constitution, Article II, 17,446
Section 1d and section 1.471 of the Revised Code, this item of 17,447
law goes into immediate effect when this act becomes law. 17,448
Section 40. Except as otherwise specifically provided in 17,450
this act, the uncodified sections of law amended or enacted in 17,451
this act, and the items of law of which the uncodified sections 17,452
of law amended or enacted in this act are composed, are not 17,453
subject to the referendum. Therefore, under Ohio Constitution, 17,454
Article II, Section 1d and section 1.471 of the Revised Code, the 17,455
uncodified sections of law amended or enacted in this act, and 17,456
the items of law of which the uncodified sections of law amended 17,457
or enacted in this act are composed, go into immediate effect 17,458
when this act becomes law. 17,459
Section 41. Uncodified sections of law amended or enacted 17,461
in this act, and items of law contained within the uncodified 17,462
sections of law amended or enacted in this act, that are marked 17,463
with an asterisk are subject to the referendum. Therefore, under 17,464
Ohio Constitution, Article II, Section 1c and section 1.471 of 17,465
the Revised Code, the uncodified sections and items of law marked 17,466
with an asterisk take effect on the ninety-first day after this 17,467
act is filed with the Secretary of State. If, however, a 17,468
360
referendum petition is filed against an uncodified section or 17,469
item of law marked with an asterisk, the uncodified section or 17,470
item of law marked with an asterisk, unless rejected at the 17,471
referendum, takes effect at the earliest time permitted by law. 17,472
If the amending and existing repeal clauses commanding an 17,474
amendment of an uncodified section of law are both marked with 17,475
asterisks, the uncodified section as amended is deemed also to 17,477
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law 17,479
has the form *. 17,480
This section defines the meaning and form of, but is not 17,482
itself to be considered marked with, an asterisk. 17,483
Section 42. If the amendment or enactment in this act of a 17,485
codified or uncodified section of law is subject to the 17,486
referendum, the corresponding indications in the amending, 17,487
enacting, or existing repeal clauses commanding the amendment or 17,488
enactment also are subject to the referendum, along with the 17,489
amendment or enactment. If the amendment or enactment by this 17,490
act of a codified or uncodified section of law is not subject to 17,491
the referendum, the corresponding indications in the amending, 17,492
enacting, or existing repeal clauses commanding the amendment or 17,493
enactment also are not subject to the referendum, the same as the 17,494
amendment or enactment. 17,495
Section 43. An item, other than an amending, enacting, or 17,497
repealing clause, that composes the whole or part of an 17,498
uncodified section contained in this act has no effect after June 17,499
30, 2001, unless its context clearly indicates otherwise. 17,500
Section 44. Section 3316.06 of the Revised Code is 17,502
presented in this act as a composite of the section as amended by 17,503
both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General 17,504
Assembly, with the new language of neither of the acts shown in 17,506
capital letters. This is in recognition of the principle stated 17,507
in division (B) of section 1.52 of the Revised Code that such 17,508
amendments are to be harmonized where not substantively 17,509
361
irreconcilable and constitutes a legislative finding that such is 17,510
the resulting version in effect prior to the effective date of 17,511
this act.
Section 45. If any item of law that constitutes the whole 17,513
or part of a codified or uncodified section of law contained in 17,514
this act, or if any application of any item of law that 17,515
constitutes the whole or part of a codified or uncodified section 17,516
of law contained in this act, is held invalid, the invalidity 17,517
does not affect other items of law or applications of item of law 17,518
that can be given effect without the invalid item of law or
application. To this end, the items of law of which the codified 17,519
and uncodified sections contained in this act are composed, and 17,520
their applications, are independent and severable. 17,521