As Reported by House Finance and Appropriations Committee* 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 282 5
1999-2000 6
REPRESENTATIVES THOMAS-JONES-CORE-METZGER-PERZ-AMSTUTZ- 8
CORBIN-GOODMAN-HOOPS-KREBS-O'BRIEN-VESPER-WOMER BENJAMIN- 9
BARRETT-BOYD-R.MILLER-OPFER-ROBERTS 10
_________________________________________________________________ 11
A B I L L
To amend sections 9.90, 125.05, 3301.80, 3301.801, 13
3302.01, 3302.02, 3302.07, 3311.213, 3313.603, 14
3313.608, 3314.02, 3314.03, 3314.05, 3314.06, 16
3314.08, 3314.09, 3314.11, 3314.12, 3314.13,
3315.17, 3316.05, 3316.06, 3317.01, 3317.02, 17
3317.022, 3317.023, 3317.024, 3317.029, 18
3317.0212, 3317.0213, 3317.0216, 3317.03, 19
3317.033, 3317.05, 3317.051, 3317.06, 3317.162, 22
3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 23
3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 25
3318.15, 3318.16, 3318.17, 3318.18, 3318.21,
3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 26
3319.22, 3319.235, 3332.05, 3332.07, 3333.04, 27
3333.12, 3333.27, 3345.22, 3770.01, 3770.06,
4117.101, 5705.29, 5705.412, 5747.01, 5910.032, 28
and 5919.34; to enact new section 3317.16 and 30
sections 3301.0726, 3314.011, 3314.021, 3314.071, 31
3314.15, 3317.014, 3318.021, 3318.032, 3318.083,
3318.33, 3318.36, and 3324.01 to 3324.06; and to 33
repeal sections 3313.21, 3317.0214, 3317.053, 34
3317.16, 3318.23, 3318.24, and 3318.27 of the 35
Revised Code and to amend Section 45.32 of Am. 36
Sub. H.B. 117 of the 121st General Assembly, as 37
subsequently amended; to amend Section 50.52.2 of 38
Am. Sub. H.B. 215 of the 122nd General Assembly; 39
to amend Section 18 of Am. Sub. H.B. 650 of the
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122nd General Assembly, as subsequently amended; 40
to amend Sections 6, 26, 30.07, 30.10, 30.43, and 41
31 of Am. Sub. H.B. 850 of the 122nd General 42
Assembly; to repeal Sections 50.52.1, 50.52.3,
50.52.6, 50.52.8, 50.52.11, and 50.52.13 of Am. 43
Sub. H.B. 215 of the 122nd General Assembly; and
to repeal Sections 50.52.4, 50.52.5, 50.52.7, 44
50.52.9, and 50.52.10 of Am. Sub. H.B. 215 of the 45
122nd General Assembly, as subsequently amended,
to make appropriations for education programs for 46
the biennium beginning July 1, 1999, and ending 47
June 30, 2001, and to provide authorization and
conditions for the operation of those programs. 48
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 50
Section 1. That sections 9.90, 125.05, 3301.80, 3301.801, 52
3302.01, 3302.02, 3302.07, 3311.213, 3313.603, 3313.608, 3314.02, 54
3314.03, 3314.05, 3314.06, 3314.08, 3314.09, 3314.11, 3314.12, 55
3314.13, 3315.17, 3316.05, 3316.06, 3317.01, 3317.02, 3317.022, 56
3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0216, 57
3317.03, 3317.033, 3317.05, 3317.051, 3317.06, 3317.162, 3317.51, 58
3318.01, 3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 59
3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 60
3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 61
3332.05, 3332.07, 3333.04, 3333.12, 3333.27, 3345.22, 3770.01, 62
3770.06, 4117.101, 5705.29, 5705.412, 5747.01, 5910.032, and 64
5919.34 be amended and new section 3317.16 and sections
3301.0726, 3314.011, 3314.021, 3314.071, 3314.15, 3317.014, 65
3318.021, 3318.032, 3318.083, 3318.33, 3318.36, 3324.01, 3324.02, 67
3324.03, 3324.04, 3324.05, and 3324.06 of the Revised Code be 69
enacted to read as follows: 70
Sec. 9.90. (A) The governing board of any public 79
institution of higher education, including without limitation 80
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state universities and colleges, community college districts, 81
university branch districts, technical college districts, and 82
municipal universities, or the board of education of any school 83
district, may, in addition to all other powers provided in the 84
Revised Code: 85
(1) Contract for, purchase, or otherwise procure from an 87
insurer or insurers licensed to do business by the state of Ohio 88
for or on behalf of such of its employees as it may determine, 89
life insurance, or sickness, accident, annuity, endowment, 90
health, medical, hospital, dental, or surgical coverage and 91
benefits, or any combination thereof, by means of insurance plans 92
or other types of coverage, family, group or otherwise, and may 93
pay from funds under its control and available for such purpose 94
all or any portion of the cost, premium, or charge therefor; FOR 96
SUCH INSURANCE, COVERAGE, OR BENEFITS. HOWEVER, THE GOVERNING
BOARD, IN ADDITION TO OR AS AN ALTERNATIVE TO THE AUTHORITY 97
OTHERWISE GRANTED BY DIVISION (A)(1) OF THIS SECTION, MAY ELECT 98
TO PROCURE COVERAGE FOR HEALTH CARE SERVICES, FOR OR ON BEHALF OF 99
SUCH OF ITS EMPLOYEES AS IT MAY DETERMINE, BY MEANS OF POLICIES, 100
CONTRACTS, CERTIFICATES, OR AGREEMENTS ISSUED BY AT LEAST TWO 101
HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY 102
UNDER CHAPTER 1751. OF THE REVISED CODE AND MAY PAY FROM FUNDS 104
UNDER THE GOVERNING BOARD'S CONTROL AND AVAILABLE FOR SUCH 105
PURPOSE ALL OR ANY PORTION OF THE COST OF SUCH COVERAGE. 106
(2) Make payments to a custodial account for investment in 108
regulated investment company stock for the purpose of providing 109
retirement benefits as described in section 403(b)(7) of the 110
Internal Revenue Code of 1954, as amended. Such stock shall be 111
purchased only from persons authorized to sell such stock in this 112
state. 113
Any income of an employee deferred under divisions (A)(1) 115
and (2) of this section in a deferred compensation program 116
eligible for favorable tax treatment under the Internal Revenue 117
Code of 1954, as amended, shall continue to be included as 118
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regular compensation for the purpose of computing the 119
contributions to and benefits from the retirement system of such 120
employee. Any sum so deferred shall not be included in the 121
computation of any federal and state income taxes withheld on 122
behalf of any such employee. 123
(B) All or any portion of the cost, premium, or charge 125
therefor may be paid in such other manner or combination of 126
manners as the governing board or the school board may determine, 127
including direct payment by the employee in cases under division 128
(A)(1) of this section, and, if authorized in writing by the 129
employee in cases under division (A)(1) or (2) of this section, 130
by such governing board or school board with moneys made 131
available by deduction from or reduction in salary or wages or by 132
the foregoing of a salary or wage increase. Division (B)(7) of 133
section 3917.01 and the last paragraph of section 3917.06 of the 134
Revised Code shall not prohibit the issuance or purchase of group 135
life insurance authorized by this section by reason of payment of 136
premiums therefor by the governing board or the school board from 137
its funds, and such group life insurance may be so issued and 138
purchased if otherwise consistent with the provisions of sections 139
3917.01 to 3917.07 of the Revised Code. 140
Sec. 125.05. Except as provided in division (E) of this 149
section, no state agency shall purchase any supplies or services 151
except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state 153
agency may, without competitive selection, make any purchase of 154
services that cost fifty thousand dollars or less or any purchase 155
of supplies that cost twenty-five thousand dollars or less. The 156
agency may make the purchase directly or may make the purchase 157
from or through the department of administrative services,
whichever the agency determines. The department shall establish 160
written procedures to assist state agencies when they make direct 162
purchases. If the agency makes the purchase directly, it shall 163
make the purchase by a term contract whenever possible.
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(B) Subject to division (D) of this section, a state 165
agency wanting to purchase services that cost more than fifty 167
thousand dollars or supplies that cost more than twenty-five 168
thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department 169
shall make the purchase by competitive selection under section 170
125.07 of the Revised Code. If the director of administrative 171
services determines that it is not possible or not advantageous 172
to the state for the department to make the purchase, the 173
department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 174
127.16 of the Revised Code does not apply to purchases the 175
department makes under this section. 176
(C) An agency that has been granted a release and permit 178
to make a purchase may make the purchase without competitive 179
selection if after making the purchase the cumulative purchase 180
threshold as computed under division (F) of section 127.16 of the 181
Revised Code would:
(1) Be exceeded and the controlling board approves the 183
purchase;
(2) Not be exceeded and the department of administrative 185
services approves the purchase. 186
(D) Not later than January 31, 1997, the amounts specified 189
in divisions (A) and (B) of this section and, not later than the 190
thirty-first day of January of each second year thereafter, any 191
amounts computed by adjustments made under this division, shall 192
be increased or decreased by the average percentage increase or
decrease in the consumer price index prepared by the United 193
States bureau of labor statistics (U.S. City Average for Urban 195
Wage Earners and Clerical Workers: "All Items 1982-1984=100") 196
for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately 197
preceding twenty-four calendar month period, as reported by the 198
bureau. The director of administrative services shall make this 199
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determination and adjust the appropriate amounts accordingly. 200
(E) If the office of information, learning, and technology 202
services; OHIO SCHOOLNET COMMISSION, the department of 204
education;, or the Ohio education computer network determines 206
that it can purchase software services or supplies for specified 207
school districts at a price less than the price for which the
districts could purchase the same software services or supplies 208
for themselves, the office, department, or network shall certify 209
that fact to the department of administrative services and, 210
acting as an agent for the specified school districts, shall make 211
that purchase without following the provisions in divisions (A) 212
through TO (D) of this section.
Sec. 3301.0726. THE DEPARTMENT OF EDUCATION SHALL DEVELOP 214
A PACKET OF HIGH SCHOOL INSTRUCTIONAL MATERIALS ON PERSONAL 215
FINANCIAL RESPONSIBILITY, INCLUDING INSTRUCTIONAL MATERIALS ON 216
THE AVOIDANCE OF CREDIT CARD ABUSE, AND SHALL DISTRIBUTE THAT 217
PACKET TO ALL SCHOOL DISTRICTS. THE BOARD OF EDUCATION OF ANY 218
SCHOOL DISTRICT MAY ADOPT PART OR ALL OF THE MATERIALS INCLUDED 219
IN THE PACKET FOR INCORPORATION INTO THE DISTRICT'S CURRICULUM. 220
Sec. 3301.80. (A) There is hereby created the Ohio 229
SchoolNet commission consisting AS AN INDEPENDENT AGENCY. THE 233
COMMISSION SHALL ADMINISTER PROGRAMS TO PROVIDE FINANCIAL AND 234
OTHER ASSISTANCE TO SCHOOL DISTRICTS AND OTHER EDUCATIONAL 235
INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION OF EDUCATIONAL 236
TECHNOLOGY.
THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY 238
OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE 239
STATE.
(B)(1) THE COMMISSION SHALL CONSIST of eleven members, 242
seven of whom are voting members. Of the voting members, one 244
shall be appointed by the speaker of the house of representatives 245
and one shall be appointed by the president of the senate. The 246
members appointed by the speaker of the house and the president 247
of the senate shall not be members of the general assembly. The
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state superintendent of public instruction or a designee of the 248
superintendent, the director of the office of budget and 249
management or a designee of the director, the director of 251
administrative services or a designee of the director, the 252
chairperson of the public utilities commission or a designee of
the chairperson, and the director of the Ohio educational 253
telecommunications network commission or a designee of the 254
director shall serve on the commission as ex officio voting 256
members. Of the nonvoting members, two shall be members of the 257
house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed 258
by the president of the senate. The members appointed from each 259
house shall not be members of the same political party. 260
(2) THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. THE 262
VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 263
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE 264
REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT 265
GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 266
OFFICIAL DUTIES.
(3) The terms of office for the members appointed by the 268
speaker of the house and the president of the senate shall be for 270
two years, with each term ending on the same day of the same 271
month as did the term that it succeeds. The members appointed by 272
the speaker of the house and the president of the senate may be 273
reappointed. Any member appointed from the house of 274
representatives or senate who ceases to be a member of the 275
legislative house from which the member was appointed shall cease 276
to be a member of the committee COMMISSION. Vacancies among 277
appointed members shall be filled in the manner provided for 278
original appointments. Any member appointed to fill a vacancy 279
occurring prior to the expiration date of the term for which a 280
predecessor was appointed shall hold office as a member for the
remainder of that term. The members appointed by the speaker of 282
the house and the president of the senate shall continue in 283
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office subsequent to the expiration date of that member's term 284
until a successor takes office or until a period of sixty days
has elapsed, whichever occurs first. 285
The Ohio SchoolNet commission shall monitor and oversee the 289
operations of, and programs administered by, the Ohio SchoolNet 291
office established under division (B) of this section. In 292
addition, the commission may develop and issue policies and 293
directives to be followed by the Ohio SchoolNet office in 295
implementing the programs under its jurisdiction. 296
(B) The Ohio SchoolNet office is hereby established as an 299
independent agency. (C)(1) The office COMMISSION shall be under 300
the supervision of a AN EXECUTIVE director who shall be appointed 302
by the Ohio SchoolNet commission. The EXECUTIVE director shall 304
serve at the pleasure of the commission and shall direct the 306
office COMMISSION EMPLOYEES in the administration of all programs 308
for the provision of financial and other assistance to school 309
districts and other educational institutions for the acquisition 310
and utilization of educational technology. The
(2) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 313
BE PLACED IN THE UNCLASSIFIED SERVICE. THE COMMISSION SHALL FIX 314
THE COMPENSATION OF THE EXECUTIVE DIRECTOR. THE EXECUTIVE 315
DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES 316
AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE 317
COMMISSION. THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE 318
EXECUTIVE DIRECTOR.
(3) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 321
BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE 323
PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED 325
CODE.
(D) THE Ohio SchoolNet office COMMISSION shall do all of 328
the following: 329
(1) Make grants to institutions and other organizations as 331
prescribed by the general assembly for the provision of technical 332
assistance, professional development, and other support services 333
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to enable school districts, COMMUNITY SCHOOLS ESTABLISHED UNDER 334
CHAPTER 3314. OF THE REVISED CODE, and other educational 336
institutions to utilize educational technology;
(2) Contract with the department of education, state 338
institutions of higher education, private nonprofit institutions 339
of higher education holding certificates of authorization under 340
section 1713.02 of the Revised Code, and such other public or 341
private entities, and employ such persons as the EXECUTIVE 342
director of the office deems necessary for the administration and 343
implementation of the programs under the office's COMMISSION'S 345
jurisdiction;
(3) Establish a reporting system to which school 347
districts, COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF 348
THE REVISED CODE, and other educational institutions receiving 350
financial assistance pursuant to this section for the acquisition 351
of educational technology report information as to the manner in 352
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being 353
utilized, the results or outcome of this utilization, and other 354
information as may be required by the office COMMISSION; 355
(4) Establish necessary guidelines governing purchasing 357
and procurement by participants in programs administered by the 358
office COMMISSION that facilitate the timely and effective 360
implementation of such programs;
(5) Implement TAKE INTO CONSIDERATION THE EFFICIENCY AND 362
COST SAVINGS OF STATEWIDE PROCUREMENT PRIOR TO ALLOCATING AND 364
RELEASING FUNDS FOR ANY PROGRAMS UNDER ITS ADMINISTRATION. 365
(E)(1) THE EXECUTIVE DIRECTOR SHALL IMPLEMENT policies and 368
directives issued by the Ohio SchoolNet commission established 371
under division (A) of this section.
(2) The Ohio SchoolNet office COMMISSION may establish a 374
systems support network to facilitate the timely implementation 375
of the programs, projects, or activities for which it provides 376
assistance.
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(3) Chapters 123., 124., 125., and 153., and sections 378
9.331, 9.332, and 9.333 of the Revised Code do not apply to 379
contracts, programs, projects, or activities of the Ohio 381
SchoolNet commission or Ohio SchoolNet office. 382
For purposes of exercising collective bargaining rights 384
under Chapter 4117. of the Revised Code, the employees of the 386
Ohio SchoolNet office shall be placed in a bargaining unit 389
separate from any other unit containing employees of the state. 390
Sec. 3301.801. The office of information, learning, and 399
technology services OHIO SCHOOLNET COMMISSION shall create and 401
maintain a clearinghouse for classroom teachers, INCLUDING ANY 402
CLASSROOM TEACHERS EMPLOYED BY COMMUNITY SCHOOLS ESTABLISHED 403
UNDER CHAPTER 3314. OF THE REVISED CODE, to easily obtain lesson 404
plans and materials and other practical resources for use in 405
classroom teaching. The office COMMISSION shall develop a method 406
of obtaining submissions, from classroom teachers and others, of 408
such plans, materials, and other resources that have been used in 409
the classroom and that can be readily used and implemented by 410
classroom teachers in their regular teaching activities. The 411
office COMMISSION also shall develop methods of informing 412
classroom teachers of both the availability of such plans, 414
materials, and other resources, and of the opportunity to submit 415
such plans, materials, and other resources and other classroom 416
teaching ideas to the clearinghouse. 417
The office COMMISSION shall periodically report to the 419
speaker and minority leader of the house of representatives, the 421
president and minority leader of the senate, and the chairpersons 422
and ranking minority members of the education committees of the 423
senate and the house of representatives regarding the
clearinghouse and make recommendations for changes in state law 424
or administrative rules that may facilitate the usefulness of the 425
clearinghouse.
Sec. 3302.01. As used in this chapter: 434
(A) "Dropout rate" means one minus the graduation rate A 436
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STUDENT WHO WITHDRAWS FROM SCHOOL BEFORE COMPLETING COURSE 437
REQUIREMENTS FOR GRADUATION AND WHO IS NOT ENROLLED IN AN 438
EDUCATION PROGRAM APPROVED BY THE STATE BOARD OF EDUCATION OR AN 439
EDUCATION PROGRAM OUTSIDE THE STATE. "DROPOUT" DOES NOT INCLUDE 440
A STUDENT WHO HAS DEPARTED THE COUNTRY.
(B) "Graduation rate" means a calculation of the per cent 442
PERCENTAGE of ninth grade students who graduate by the end of the 444
summer following their twelfth grade year. The graduation rate 445
is the ratio of the students entering ninth grade to the number 446
of those students receiving a diploma TO THE NUMBER OF STUDENTS 447
WHO ENTERED NINTH GRADE four years later EARLIER. Students who 449
transfer into the district are added to the calculation.
Students who transfer out of the district for reasons other than 450
dropout are subtracted from the calculation. Students who do not 452
graduate WITHIN FOUR YEARS but who continue their high school
education in the following year in the same school district are 454
removed from the calculation for that THE year IN WHICH THEY 455
WOULD HAVE GRADUATED and are added to the calculation for the 457
subsequent year FOLLOWING YEAR'S GRADUATING CLASS AS IF THE 458
STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE INTENDED
GRADUATION DATE OF THAT CLASS. IN EACH SUBSEQUENT YEAR THAT SUCH 459
STUDENTS DO NOT GRADUATE BUT CONTINUE THEIR HIGH SCHOOL EDUCATION 460
UNINTERRUPTED IN THE SAME SCHOOL DISTRICT, SUCH STUDENTS SHALL BE 461
REASSIGNED TO THE DISTRICT'S GRADUATION RATE FOR THAT YEAR BY 462
ASSUMING THAT THE STUDENTS ENTERED NINTH GRADE FOUR YEARS BEFORE 463
THE DATE OF THE INTENDED GRADUATION. IF A STUDENT WHO WAS A 464
DROPOUT IN ANY PREVIOUS YEAR RETURNS TO THE SAME SCHOOL DISTRICT,
THAT STUDENT SHALL BE ENTERED INTO THE CALCULATION AS IF THE 465
STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE GRADUATION 466
YEAR OF THE GRADUATING CLASS THAT THE STUDENT JOINS. 467
(C) "Attendance rate" means the ratio of the number of 469
students actually in attendance over the course of a school year 470
to the number of students who were required to be in attendance 471
that school year, as calculated pursuant to rules of the 472
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superintendent of public instruction. 473
(D) "Three-year average" means the average of the most 475
recent consecutive three years of data. 476
(E) "Required level of improvement" means at least one 479
standard unit of improvement on at least the percentage of 480
performance standards required to demonstrate overall 481
improvement, in accordance with the rule approved under division 482
(A) of section 3302.04 of the Revised Code. 483
Sec. 3302.02. The following are the expected state 492
performance standards for school districts: 493
(A) A three NINETY per cent dropout GRADUATION rate; 496
(B) At least seventy-five per cent of fourth graders 498
proficient on the mathematics test prescribed by division (A)(1) 499
of section 3301.0710 of the Revised Code; 500
(C) At least seventy-five per cent of fourth graders 502
proficient on the reading test prescribed by division (A)(1) of 503
section 3301.0710 of the Revised Code; 504
(D) At least seventy-five per cent of fourth graders 506
proficient on the writing test prescribed by division (A)(1) of 507
section 3301.0710 of the Revised Code; 508
(E) At least seventy-five per cent of fourth graders 510
proficient on the citizenship test prescribed by division (A)(1) 511
of section 3301.0710 of the Revised Code; 512
(F) At least seventy-five per cent of ninth graders 514
proficient on the mathematics test prescribed by division (B) of 515
section 3301.0710 of the Revised Code; 516
(G) At least seventy-five per cent of ninth graders 518
proficient on the reading test prescribed by division (B) of 519
section 3301.0710 of the Revised Code; 520
(H) At least seventy-five per cent of ninth graders 522
proficient on the writing test prescribed by division (B) of 523
section 3301.0710 of the Revised Code; 524
(I) At least seventy-five per cent of ninth graders 526
proficient on the citizenship test prescribed by division (B) of 527
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section 3301.0710 of the Revised Code; 528
(J) At least eighty-five per cent of tenth graders 530
proficient on the mathematics test prescribed by division (B) of 531
section 3301.0710 of the Revised Code; 532
(K) At least eighty-five per cent of tenth graders 534
proficient on the reading test prescribed by division (B) of 535
section 3301.0710 of the Revised Code; 536
(L) At least eighty-five per cent of tenth graders 538
proficient on the writing test prescribed by division (B) of 539
section 3301.0710 of the Revised Code; 540
(M) At least eighty-five per cent of tenth graders 542
proficient on the citizenship test prescribed by division (B) of 543
section 3301.0710 of the Revised Code; 544
(N) At least sixty per cent of twelfth graders proficient 546
on the mathematics test prescribed by division (A)(3) of section 547
3301.0710 of the Revised Code; 548
(O) At least sixty per cent of twelfth graders proficient 550
on the reading test prescribed by division (A)(3) of section 551
3301.0710 of the Revised Code; 552
(P) At least sixty per cent of twelfth graders proficient 554
on the writing test prescribed by division (A)(3) of section 555
3301.0710 of the Revised Code; 556
(Q) At least sixty per cent of twelfth graders proficient 558
on the citizenship test prescribed by division (A)(3) of section 559
3301.0710 of the Revised Code; 560
(R) At least a ninety-three per cent attendance rate. 563
When sufficient data concerning the tests given pursuant to 566
division (A)(2) of section 3301.0710 of the Revised Code and the 568
science tests given pursuant to divisions (A)(1), (3), and (B) of 569
section 3301.0710 of the Revised Code are available for the 571
department of education to establish performance standards for 573
those tests, the department shall recommend a rule adding 575
standards to reflect these additional tests. The department 576
shall also recommend a rule when necessary to allow for the 578
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phasing out of the ninth grade proficiency test and its 579
replacement with a high school proficiency test pursuant to 580
section 3301.0710 of the Revised Code as amended by this act 581
AMENDED SUBSTITUTE SENATE BILL NO. 55 OF THE 122nd GENERAL 583
ASSEMBLY. The rules shall not recommend any standard be 585
established for passage of the fourth grade reading test that is 586
solely based on the test given in the fall for the purpose of
determining whether students have met the fourth grade guarantee 588
provisions of section 3313.608 of the Revised Code. 589
Rules recommended by the department under this section 592
shall not take effect unless approved by joint resolution of the 593
general assembly.
Sec. 3302.07. (A) The board of education of any school 602
district or, the governing board of any educational service 603
center, OR THE ADMINISTRATIVE AUTHORITY OF ANY CHARTERED 604
NONPUBLIC SCHOOL may submit to the state board of education an 605
application proposing an innovative education pilot program the 606
implementation of which requires exemptions from specific 607
statutory provisions or rules. If a district or service center 608
board employs teachers under a collective bargaining agreement 609
adopted pursuant to Chapter 4117. of the Revised Code, any 610
application submitted under this division shall include the 611
written consent of the teachers' employee representative 612
designated under division (B) of section 4117.04 of the Revised 613
Code. The exemptions requested in the application shall be 614
limited to any requirement of Title XXXIII of the Revised Code or 615
of any rule of the state board adopted pursuant to that title 616
except that the application may not propose an exemption from any 617
requirement of or rule adopted pursuant to Chapter 3307. or 618
3309., sections 3319.07 to 3319.21, or Chapter 3323. of the 619
Revised Code.
(B) The state board of education shall accept any 621
application submitted in accordance with division (A) of this 622
section. The superintendent of public instruction shall approve 623
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or disapprove the application in accordance with standards for 625
approval, which shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt 627
each district or service center board OR CHARTERED NONPUBLIC 628
SCHOOL ADMINISTRATIVE AUTHORITY with an application approved 629
under division (B) of this section for a specified period from 631
the statutory provisions or rules specified in the approved 632
application. The period of exemption shall not exceed the period 633
during which the pilot program proposed in the application is 634
being implemented and a reasonable period to allow for evaluation 635
of the effectiveness of the program. 636
Sec. 3311.213. (A) With the approval of the board of 645
education of a joint vocational school district which is in 646
existence, any school district in the county or counties 647
comprising the joint vocational school district or any school 648
district in a county adjacent to a county comprising part of a 649
joint vocational school district may become a part of the joint 650
vocational school district. On the adoption of a resolution of 651
approval by the board of education of the joint vocational school 652
district, it shall advertise a copy of such resolution in a 653
newspaper of general circulation in the school district proposing 654
to become a part of such joint vocational school district once 655
each week for at least two weeks immediately following the date 656
of the adoption of such resolution. Such resolution shall NOT 657
become legally effective on UNTIL the sixtieth LATER OF THE 658
SIXTY-FIRST day after its adoption unless prior to the expiration 660
of such sixty-day period qualified electors residing in the 661
school district proposed to become a part of the joint vocational 662
school district equal in number to a majority of the qualified 663
electors voting at the last general election file with such board 664
of education a petition of remonstrance against such transfer OR 665
UNTIL THE BOARD OF ELECTIONS CERTIFIES THE RESULTS OF AN ELECTION 666
IN FAVOR OF JOINING OF THE SCHOOL DISTRICT TO THE JOINT
VOCATIONAL SCHOOL DISTRICT IF SUCH AN ELECTION IS HELD UNDER 667
16
DIVISION (B) OF THIS SECTION. 668
(B) DURING THE SIXTY-DAY PERIOD FOLLOWING THE DATE OF THE 671
ADOPTION OF A RESOLUTION TO JOIN A SCHOOL DISTRICT TO A JOINT 673
VOCATIONAL SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION, 674
THE ELECTORS OF THE SCHOOL DISTRICT THAT PROPOSES JOINING THE 676
JOINT VOCATIONAL SCHOOL DISTRICT MAY PETITION FOR A REFERENDUM 677
VOTE ON THE RESOLUTION. THE QUESTION WHETHER TO APPROVE OR 678
DISAPPROVE THE RESOLUTION SHALL BE SUBMITTED TO THE ELECTORS OF 679
SUCH SCHOOL DISTRICT IF A NUMBER OF QUALIFIED ELECTORS EQUAL TO 680
TWENTY PER CENT OF THE NUMBER OF ELECTORS IN THE SCHOOL DISTRICT 681
WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE MOST RECENT GENERAL 682
ELECTION FOR THAT OFFICE SIGN A PETITION ASKING THAT THE QUESTION 683
OF WHETHER THE RESOLUTION SHALL BE DISAPPROVED BE SUBMITTED TO 684
THE ELECTORS. THE PETITION SHALL BE FILED WITH THE BOARD OF 685
ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. 686
IF THE SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 688
PETITION SHALL BE FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY 689
IN WHICH THE MAJORITY OF THE TERRITORY OF THE SCHOOL DISTRICT IS 690
LOCATED. THE BOARD SHALL CERTIFY THE VALIDITY AND SUFFICIENCY OF 692
THE SIGNATURES ON THE PETITION. 693
THE BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE BOARD 696
OF EDUCATION OF THE JOINT VOCATIONAL SCHOOL DISTRICT AND THE 697
BOARD OF EDUCATION OF THE SCHOOL DISTRICT THAT PROPOSES JOINING 698
THE JOINT VOCATIONAL SCHOOL DISTRICT THAT THE PETITION HAS BEEN 699
FILED.
THE EFFECT OF THE RESOLUTION SHALL BE STAYED UNTIL THE 701
BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND SUFFICIENCY OF THE 702
SIGNATURES ON THE PETITION. IF THE BOARD OF ELECTIONS DETERMINES 704
THAT THE PETITION DOES NOT CONTAIN A SUFFICIENT NUMBER OF VALID 705
SIGNATURES AND SIXTY DAYS HAVE PASSED SINCE THE ADOPTION OF THE 706
RESOLUTION, THE RESOLUTION SHALL BECOME EFFECTIVE. 707
IF THE BOARD OF ELECTIONS CERTIFIES THAT THE PETITION 709
CONTAINS A SUFFICIENT NUMBER OF VALID SIGNATURES, THE BOARD SHALL 711
SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE SCHOOL 712
17
DISTRICT ON THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION HELD 715
AT LEAST SEVENTY-FIVE DAYS AFTER BUT NO LATER THAN SIX MONTHS 716
AFTER THE BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND 717
SUFFICIENCY OF SIGNATURES ON THE PETITION. IF THERE IS NO 718
GENERAL OR PRIMARY ELECTION HELD AT LEAST SEVENTY-FIVE DAYS AFTER 719
BUT NO LATER THAN SIX MONTHS AFTER THE BOARD OF ELECTIONS 720
CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 721
PETITION, THE BOARD SHALL SUBMIT THE QUESTION TO THE ELECTORS AT 722
A SPECIAL ELECTION TO BE HELD ON THE NEXT DAY SPECIFIED FOR 723
SPECIAL ELECTIONS IN DIVISION (D) OF SECTION 3501.01 OF THE 724
REVISED CODE THAT OCCURS AT LEAST SEVENTY-FIVE DAYS AFTER THE
BOARD CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 725
PETITION. THE ELECTION SHALL BE CONDUCTED AND CANVASSED AND THE 726
RESULTS SHALL BE CERTIFIED IN THE SAME MANNER AS IN REGULAR 727
ELECTIONS FOR THE ELECTION OF MEMBERS OF A BOARD OF EDUCATION. 728
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION 730
DISAPPROVE THE RESOLUTION, THE RESOLUTION SHALL NOT BECOME 732
EFFECTIVE.
(C) If such THE resolution becomes legally effective, the 735
board of education of the joint vocational school district shall 736
notify the county auditor of the county in which the school 737
district becoming a part of the joint vocational school district 738
is located, who shall thereupon have any outstanding levy for 739
building purposes, bond retirement, or current expenses in force 740
in the joint vocational school district spread over the territory 741
of the school district becoming a part of the joint vocational 742
school district. On the addition of a city or exempted village 744
school district or an educational service center to the joint
vocational school district, pursuant to this section, the board 746
of education of such joint vocational school district shall 747
submit to the state board of education a proposal to enlarge the 748
membership of such board by the addition of one or more persons 749
at least one of whom shall be a member of the board of education 750
or governing board of such additional school district or 751
18
educational service center, and the term of each such additional 752
member. On the addition of a local school district to the joint 754
vocational school district, pursuant to this section, the board 755
of education of such joint vocational school district may submit 756
to the state board of education a proposal to enlarge the 757
membership of such board by the addition of one or more persons 758
who are members of the educational service center governing board 759
of such additional local school district. On approval by the 761
state board of education additional members shall be added to 762
such joint vocational school district board of education. 763
Sec. 3313.603. (A) As used in this section: 772
(1) "One unit" means a minimum of one hundred twenty hours 775
of course instruction, except that for a laboratory course, "one 777
unit" means a minimum of one hundred fifty hours of course 778
instruction.
(2) "One-half unit" means a minimum of sixty hours of 781
course instruction, except that for physical education courses, 782
"one-half unit" means a minimum of one hundred twenty hours of 783
course instruction.
(B) Beginning September 15, 2001, the requirements for 785
graduation from every high school shall include twenty-one units 787
earned in grades nine through twelve and shall be distributed as 788
follows:
(1) English language arts, four units; 790
(2) Health, one-half unit; 792
(3) Mathematics, three units; 794
(4) Physical education, one-half unit; 796
(5) Science, two units until September 15, 2003, and three 798
units thereafter, which at all times shall include both of the 799
following: 800
(a) Biological sciences, one unit; 803
(b) Physical sciences, one unit. 806
(6) Social studies, three units, which shall include both 808
of the following: 809
19
(a) American history, one-half unit; 812
(b) American government, one-half unit. 815
(7) Elective units, eight units until September 15, 2003, 817
and seven units thereafter. 818
Each student's electives shall include at least one unit, 820
or two half units, chosen from among the areas of 821
business/technology, fine arts, and/or foreign language. 822
(C) Every high school may permit students below the ninth 825
grade to take advanced work for credit. A high school shall 826
count such advanced work toward the graduation requirements of 827
division (B) of this section if the advanced work was both: 828
(1) Taught by a person who possesses a license or 830
certificate issued under section 3319.22 or 3319.222 of the 831
Revised Code that is valid for teaching high school; 833
(2) Designated by the board of education of the city, 835
local, or exempted village school district or, the board of the 836
cooperative education school district, OR THE GOVERNING AUTHORITY 838
OF THE CHARTERED NONPUBLIC SCHOOL as meeting the high school 839
curriculum requirements.
(D) Units earned in English language arts, mathematics, 842
science, and social studies that are delivered through integrated 843
academic and technical instruction are eligible to meet the 844
graduation requirements of division (B) of this section. 845
Sec. 3313.608. (A) Beginning with students who enter 854
fourth grade in the school year that starts July 1, 2001, no 857
city, exempted village, or local school district shall promote to 858
fifth grade any student who fails to attain the score designated 859
under division (A)(1) of section 3301.0710 of the Revised Code on 862
the test prescribed under that division to measure skill in 863
reading, unless either of the following applies: 864
(1) The pupil was excused from taking the test under 866
division (C)(1) of section 3301.0711 of the Revised Code; 868
(2) The pupil's principal and reading teacher agree that 870
the pupil is academically prepared, as determined pursuant to the 872
20
district policy adopted under section 3313.609 of the Revised 873
Code, to be promoted to fifth grade.
(B)(1) To assist students in meeting this fourth grade 875
guarantee established by this section, each city, exempted 876
village, and local school district shall adopt policies and 877
procedures with which it shall, beginning in the school year that 878
starts July 1, 1998, annually assess the reading skills of each 880
student at the end of first, second, and third grade and identify 881
students who are reading below their grade level. The policy and 882
procedures shall require the students' classroom teachers to be 883
involved in the assessment and the identification of students 884
reading below grade level. The district shall notify the parent 885
or guardian of each student whose reading skills are below grade 886
level and, in accordance with division (C) of this section, 888
provide intervention services to each student reading below grade 889
level.
(2) For each student identified as reading below grade 891
level at the end of third grade, the district shall offer intense 893
remediation services during the summer following third grade. 894
(3) For each student entering fourth grade after July 1, 896
2001, who does not attain by the end of the fourth grade the 897
score designated under division (A)(1) of section 3301.0710 of 899
the Revised Code on the test prescribed under that division to 902
measure skill in reading, the district also shall offer intense 903
remediation services, and another opportunity to take that test, 904
during the summer following fourth grade. 905
(C) For each student required to be offered remediation 908
services under this section, the district shall involve the 909
student's parent or guardian and classroom teacher in developing 910
the intervention strategy, and shall offer to the parent or 911
guardian the opportunity to be involved in the intervention 912
services.
(D) Beginning in the summer of 1999, in addition to the 914
remediation requirements of divisions (B) and (C) of this 915
21
section, every city, exempted village, or local school district 916
shall offer summer remediation to any student who has failed to 917
attain the designated scores on three or more of the five tests 918
described by division (A)(1) or (2) of section 3301.0710 of the 919
Revised Code.
(E) ANY SUMMER REMEDIATION SERVICES FUNDED IN WHOLE OR IN 922
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 924
PASS REQUIRED PROFICIENCY TESTS UNDER THIS SECTION SHALL MEET THE 925
FOLLOWING CONDITIONS:
(1) THE REMEDIATION METHODS ARE BASED ON RELIABLE 927
EDUCATIONAL RESEARCH. 928
(2) THE SCHOOL DISTRICTS CONDUCT TESTING BEFORE AND AFTER 930
STUDENTS PARTICIPATE IN THE PROGRAM TO FACILITATE MONITORING 931
RESULTS OF THE REMEDIATION SERVICES. 932
(3) THE PARENTS OF PARTICIPATING STUDENTS ARE INVOLVED IN 934
PROGRAMMING DECISIONS. 935
(4) THE SERVICES ARE CONDUCTED IN A SCHOOL BUILDING OR 937
COMMUNITY CENTER AND NOT ON AN AT-HOME BASIS. 938
Sec. 3314.011. EVERY COMMUNITY SCHOOL ESTABLISHED UNDER 940
THIS CHAPTER SHALL HAVE A DESIGNATED FISCAL OFFICER. THE AUDITOR 941
OF STATE MAY REQUIRE BY RULE THAT THE FISCAL OFFICER OF ANY 942
COMMUNITY SCHOOL, BEFORE ENTERING UPON DUTIES AS FISCAL OFFICER 943
OF THE SCHOOL, EXECUTE A BOND IN AN AMOUNT AND WITH SURETY TO BE 944
APPROVED BY THE GOVERNING AUTHORITY OF THE SCHOOL, PAYABLE TO THE 945
STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF ALL THE 946
OFFICIAL DUTIES REQUIRED OF THE FISCAL OFFICER. ANY SUCH BOND 947
SHALL BE DEPOSITED WITH THE GOVERNING AUTHORITY OF THE SCHOOL, 948
AND A COPY THEREOF, CERTIFIED BY THE GOVERNING AUTHORITY, SHALL 949
BE FILED WITH THE COUNTY AUDITOR. 950
Sec. 3314.02. (A) As used in this chapter: 959
(1) "Sponsor" means a city, local, exempted village, or 961
joint vocational board of education or the state board of 963
education PUBLIC ENTITY LISTED IN DIVISION (C)(1) OF THIS SECTION 964
22
with which the governing authority of the proposed community 966
school enters into a contract pursuant to this section.
(2) "Pilot project district AREA" means a THE school 969
district DISTRICTS included in the territory of a THE FORMER 970
community school pilot project established by FORMER Section 972
50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly. 973
(3) "CHALLENGED SCHOOL DISTRICT" MEANS ANY OF THE 976
FOLLOWING:
(a) A SCHOOL DISTRICT THAT IS PART OF THE PILOT PROJECT 978
AREA;
(b) A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC 980
EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE; 981
(c) A BIG EIGHT SCHOOL DISTRICT. 983
(4) "Big eight school district" means a school district 986
that for fiscal year 1997 had both of the following: 987
(a) A percentage of children residing in the district and 990
participating in the predecessor of Ohio works first greater than 991
thirty per cent, as reported pursuant to section 3317.10 of the 992
Revised Code; 994
(b) An average daily membership greater than twelve 997
thousand, as reported pursuant to former division (A) of section 998
3317.03 of the Revised Code. 999
(4)(5) "New start-up school" means a community school 1,001
other than one created by converting all or part of an existing 1,003
public school, as designated in the school's contract pursuant to 1,004
division (A)(17) of section 3314.03 of the Revised Code. 1,005
(B) Any person or group of individuals may initially 1,008
propose under this division the conversion of all or a portion of 1,009
a public school to a community school. The proposal shall be 1,010
made to the board of education of a THE city, local, or exempted 1,012
village school district, other than a pilot project district, in 1,013
which the public school is proposed to be converted. Upon 1,014
receipt of a proposal, a board may enter into a preliminary 1,015
agreement with the person or group proposing the conversion of 1,016
23
the public school, indicating the intention of the board of 1,017
education to support the conversion to a community school. A 1,018
proposing person or group that has a preliminary agreement under 1,020
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a 1,021
contract with the board of education. Provided the proposing 1,022
person or group adheres to the preliminary agreement and all 1,023
provisions of this chapter, the board of education shall 1,024
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 1,025
section.
(C)(1) Any person or group of individuals may propose 1,028
under this division the establishment of a new start-up school to 1,029
be located in a big eight CHALLENGED school district other than a 1,030
pilot project district. Such THE proposal may be made to any of 1,032
the following public entities: 1,033
(a) The board of education of the big eight school 1,036
district in which the school is proposed to be located; 1,037
(b) The board of education of any joint vocational school 1,040
district with territory in the county in which IS LOCATED the 1,041
majority of the territory of that big eight THE district IN WHICH 1,042
THE SCHOOL is PROPOSED TO BE located; 1,043
(c) The board of education of any other city, local, or 1,046
exempted village school district having territory in the same 1,047
county in which that big eight WHERE THE district IN WHICH THE 1,048
SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its 1,049
territory;
(d) The state board of education; 1,051
(e) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 1,053
PROJECT AREA AND WILL BEGIN OPERATION PRIOR TO JUNE 30, 2000, THE 1,054
GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER SERVING THE 1,055
COUNTY CONTAINING THE MAJORITY OF THE TERRITORY OF THE PILOT 1,057
PROJECT AREA;
(f) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 1,059
24
PROJECT AREA AND WILL BEGIN OPERATION PRIOR TO JUNE 30, 2000, A 1,060
SPONSORING AUTHORITY DESIGNATED BY THE BOARD OF TRUSTEES OF A 1,061
STATE UNIVERSITY LOCATED IN THE PILOT PROJECT AREA, OR THE BOARD 1,063
OF TRUSTEES ITSELF.
Such big eight district board, joint vocational board, 1,065
other school district board, or state board THE PUBLIC ENTITY may 1,066
enter into a preliminary agreement pursuant to division (C)(2) of 1,068
this section with the proposing person or group. 1,069
(2) A preliminary agreement indicates the intention of a 1,072
public entity described in division (C)(1) of this section to 1,074
sponsor the community school. A proposing person or group that 1,075
has such a preliminary agreement may proceed to finalize plans 1,076
for the school, establish a governing authority for the school, 1,077
and negotiate a contract with the public entity. Provided the
proposing person or group adheres to the preliminary agreement 1,079
and all provisions of this chapter, the public entity shall 1,080
negotiate in good faith to enter into a contract in accordance 1,081
with section 3314.03 of the Revised Code. 1,082
(3) A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL 1,084
DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY 1,085
UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN 1,086
EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF 1,087
ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN
THE SCHOOL AND A SPONSOR. 1,088
(D) A majority vote of a sponsoring school district board 1,090
and a majority vote of the members of the governing authority of 1,091
a community school shall be required to adopt a contract and 1,092
convert the public school to a community school or establish the 1,093
new start-up school. An unlimited number of community schools 1,095
may be established in any school district provided that a 1,097
contract is entered into for each community school pursuant to
this chapter. 1,098
Sec. 3314.021. IF THE DEPARTMENT OF EDUCATION RECEIVES ANY 1,100
APPLICATION PROPOSING A COMMUNITY SCHOOL TO BE LOCATED IN A CITY, 1,101
25
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT UNDER THIS CHAPTER, 1,102
THE DEPARTMENT SHALL SEND A NOTICE TO THE PRESIDENT OF THE BOARD 1,103
OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE COMMUNITY SCHOOL 1,104
WOULD BE LOCATED INFORMING THE BOARD OF THE APPLICATION. IF ANY 1,105
MEMBER OF THE BOARD OF EDUCATION REQUESTS A COPY OF THE 1,106
APPLICATION, THE DEPARTMENT SHALL FURNISH A COPY TO THAT MEMBER. 1,107
Sec. 3314.03. (A) Each contract entered into under 1,116
section 3314.02 of the Revised Code between a sponsor and the 1,117
governing authority of a community school shall specify the 1,118
following:
(1) That the school shall be established as a nonprofit 1,120
corporation established under Chapter 1702. of the Revised Code; 1,121
(2) The education program of the school, including the 1,123
school's mission, the characteristics of the students the school 1,124
is expected to attract, the ages and grades of students, and the 1,125
focus of the curriculum; 1,126
(3) The academic goals to be achieved and the method of 1,128
measurement that will be used to determine progress toward those 1,129
goals, which shall include the statewide proficiency tests; 1,130
(4) Performance standards by which the success of the 1,132
school will be evaluated by the sponsor; 1,133
(5) The admission standards of section 3314.06 of the 1,135
Revised Code; 1,136
(6) Dismissal procedures; 1,138
(7) The ways by which the school will achieve racial and 1,140
ethnic balance reflective of the community it serves; 1,141
(8) Requirements and procedures for financial audits by 1,144
the auditor of state. The contract shall require financial 1,145
records of the school to be maintained in the same manner as are 1,148
financial records of school districts, pursuant to rules of the 1,149
auditor of state and the audits shall be conducted in accordance 1,150
with section 117.10 of the Revised Code.
(9) The facility FACILITIES to be used and its location 1,152
THEIR LOCATIONS; 1,153
26
(10) Qualifications of teachers, including a requirement 1,155
that the school's classroom teachers be licensed in accordance 1,156
with sections 3319.22 to 3319.31 of the Revised Code, except that 1,157
a community school may engage noncertificated persons to teach up 1,158
to twelve hours per week pursuant to section 3319.301 of the 1,159
Revised Code;
(11) That the school will comply with the following 1,161
requirements: 1,162
(a) The school will provide learning opportunities to a 1,164
minimum of twenty-five students for a minimum of nine hundred 1,166
twenty hours per school year;
(b) The governing authority will purchase liability 1,169
insurance, or otherwise provide for the potential liability of 1,170
the school;
(c) The school will be nonsectarian in its programs, 1,173
admission policies, employment practices, and all other 1,174
operations, and will not be operated by a sectarian school or 1,175
religious institution;
(d) The school will comply with sections 9.90, 9.91, 1,177
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 1,179
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 1,180
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 1,181
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 1,182
4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 1,183
4167. of the Revised Code as if it were a school district; 1,184
(e) The school shall comply with Chapter 102. of the 1,186
Revised Code except that nothing in that chapter shall prohibit a 1,187
member of the school's governing board from also being an 1,188
employee of the school and nothing in that chapter or section 1,189
2921.42 of the Revised Code shall prohibit a member of the 1,190
school's governing board from having an interest in a contract 1,191
into which the governing board enters; 1,192
(f) The school will comply with sections 3313.61 and 1,194
3313.611 of the Revised Code, except that the requirement in 1,196
27
those sections that a person must successfully complete the 1,197
curriculum in any high school prior to receiving a high school 1,198
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 1,200
curriculum specified in Title XXXIII of the Revised Code or any 1,201
rules of the state board of education;
(g) The school governing authority will submit an annual 1,203
report of its activities and progress in meeting the goals and 1,204
standards of divisions (A)(3) and (4) of this section and its 1,205
financial status to the sponsor, the parents of all students 1,206
enrolled in the school, and the legislative office of education 1,207
oversight. THE SCHOOL WILL COLLECT AND PROVIDE ANY DATA THAT THE 1,209
LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT REQUESTS IN FURTHERANCE 1,210
OF ANY STUDY OR RESEARCH THAT THE GENERAL ASSEMBLY REQUIRES THE
OFFICE TO CONDUCT, INCLUDING THE STUDIES REQUIRED UNDER SECTION 1,211
50.39 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY AND 1,213
SECTION 50.52.2 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 1,215
ASSEMBLY, AS AMENDED.
(12) Arrangements for providing health and other benefits 1,217
to employees; 1,218
(13) The length of the contract, which shall begin at the 1,220
beginning of an academic year and shall not exceed five years; 1,221
(14) The governing authority of the school, which shall be 1,223
responsible for carrying out the provisions of the contract; 1,224
(15) A financial plan detailing an estimated school budget 1,226
for each year of the period of the contract and specifying the 1,227
total estimated per pupil expenditure amount for each such year. 1,228
The plan shall specify for each year the base formula amount that 1,230
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 1,231
year shall not exceed the formula amount defined under section 1,232
3317.02 of the Revised Code. The plan may also specify for any 1,234
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 1,235
28
section 3317.029 of the Revised Code the school is to receive 1,237
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 1,239
of employees of the school in the event the contract is 1,240
terminated or not renewed pursuant to section 3314.07 of the 1,241
Revised Code;
(17) Whether the school is to be created by converting all 1,244
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 1,245
any duties or responsibilities of an employer that the board of 1,246
education that operated the school before conversion is 1,247
delegating to the governing board of the community school with 1,248
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 1,249
applicable to such employees; 1,250
(18) Provisions establishing procedures for resolving 1,252
disputes or differences of opinion between the sponsor and the 1,253
governing authority of the community school; 1,254
(19) A PROVISION REQUIRING THE GOVERNING AUTHORITY TO 1,256
ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE 1,258
OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. THAT POLICY 1,259
SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION 1,260
3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE 1,261
AUTHORITY, SHALL DO ONE OF THE FOLLOWING:
(a) PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE 1,263
THE DISTRICT IN WHICH THE SCHOOL IS LOCATED; 1,264
(b) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN 1,266
DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS 1,267
LOCATED;
(c) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY 1,269
OTHER DISTRICT IN THE STATE. 1,270
(B) The community school shall also submit to the sponsor 1,272
a comprehensive plan for the school. The plan shall specify the 1,274
following:
29
(1) The process by which the governing authority of the 1,276
school will be selected in the future; 1,277
(2) The management and administration of the school; 1,279
(3) If the community school is a currently existing public 1,282
school, alternative arrangements for current public school 1,283
students who choose not to attend the school and teachers who 1,284
choose not to teach in the school after conversion; 1,285
(4) The instructional program and educational philosophy 1,287
of the school; 1,288
(5) Internal financial controls. 1,290
(C) A contract entered into under section 3314.02 of the 1,292
Revised Code between a sponsor and the governing authority of a 1,294
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 1,295
authorized to receive such payments as set forth in the contract 1,296
between the governing authority and the sponsor. 1,297
Sec. 3314.05. The contract between the community school 1,306
and the sponsor shall specify the facility FACILITIES to be used 1,307
for the community school and the method of acquisition. Any A 1,309
SCHOOL MAY BE LOCATED IN MULTIPLE FACILITIES UNDER THE SAME 1,310
CONTRACT ONLY IF THE LIMITATIONS ON AVAILABILITY OF SPACE 1,311
PROHIBIT SERVING ALL THE GRADE LEVELS SPECIFIED IN THE CONTRACT
IN A SINGLE FACILITY. THE SCHOOL SHALL NOT OFFER THE SAME GRADE 1,312
LEVEL CLASSROOMS IN MORE THAN ONE FACILITY. 1,313
ANY facility used for a community school shall meet all 1,316
health and safety standards established by law for school
buildings.
In the case where a community school is proposed to be 1,318
located in a facility owned by a school district or educational 1,319
service center, the facility may not be used for such community 1,321
school unless the district or service center board owning the 1,322
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms 1,324
and conditions agreed to by the district or service center board 1,325
30
and the school.
Sec. 3314.06. The governing authority of each community 1,334
school established under this chapter shall adopt admission 1,335
procedures that specify the following: 1,336
(A) That except as otherwise provided in this section, 1,338
admission to the school shall be open only to any individual age 1,339
five to twenty-two entitled to attend school pursuant to section 1,341
3313.64 or 3313.65 of the Revised Code in the A school district 1,342
in which the school is located or who was enrolled in the 1,343
converted school during the school year preceding the year of its 1,344
conversion to a community school THE STATE. 1,345
(B) That admission to the school may be limited to 1,347
students who have attained a specific grade level or are within a 1,349
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; or to residents of a 1,350
specific geographic area WITHIN THE DISTRICT, as defined in the 1,352
contract, that is within the school district in which the school 1,353
is located.
(C) WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE 1,355
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO 1,356
RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED 1,357
PURSUANT TO THE CONTRACT.
(D) That there will be no discrimination in the admission 1,359
of students to the school on the basis of race, creed, color, 1,360
handicapping condition, or sex; and that, upon admission of any 1,362
handicapped student, the community school will comply with all 1,363
federal and state laws regarding the education of handicapped 1,364
students.
(D)(E) That the school may not limit admission to students 1,366
on the basis of intellectual ability, measures of achievement or 1,368
aptitude, or athletic ability. 1,369
(E)(F) That the community school will admit the number of 1,371
students that does not exceed the capacity of the school's 1,374
programs, classes, grade levels, or facilities. 1,375
31
(F)(G) That, except as otherwise provided under division 1,377
(B) of this section, if the number of applicants exceeds the 1,378
capacity restrictions of division (E)(F) of this section, 1,379
students shall be admitted by lot from all those submitting 1,380
applications, except preference shall be given to students 1,381
attending the school the previous year and TO STUDENTS WHO RESIDE 1,382
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. PREFERENCE may 1,383
be given to siblings of such students ATTENDING THE SCHOOL THE 1,384
PREVIOUS YEAR.
Notwithstanding divisions (A) through (F)(G) of this 1,386
section, in the event the racial composition of the enrollment of 1,387
the community school is violative of a federal desegregation 1,388
order, the community school shall take any and all corrective 1,389
measures to comply with the desegregation order. 1,390
Sec. 3314.071. ANY CONTRACT ENTERED INTO BY THE GOVERNING 1,392
AUTHORITY OR ANY OFFICER OR DIRECTOR OF A COMMUNITY SCHOOL, 1,393
INCLUDING THE CONTRACT REQUIRED BY SECTIONS 3314.02 AND 3314.03 1,394
OF THE REVISED CODE, IS DEEMED TO BE ENTERED INTO BY SUCH 1,395
INDIVIDUALS IN THEIR OFFICIAL CAPACITIES AS REPRESENTATIVES OF 1,396
THE COMMUNITY SCHOOL. NO OFFICER, DIRECTOR, OR MEMBER OF THE 1,398
GOVERNING AUTHORITY OF A COMMUNITY SCHOOL INCURS ANY PERSONAL
LIABILITY BY VIRTUE OF ENTERING INTO ANY CONTRACT ON BEHALF OF 1,399
THE SCHOOL. 1,400
Sec. 3314.08. (A) As used in this section: 1,409
(1) "Base formula amount" means the amount specified as 1,412
such in a community school's financial plan for a school year 1,413
pursuant to division (A)(15) of section 3314.03 of the Revised 1,414
Code.
(2) "Cost-of-doing-business factor" has the same meaning 1,416
as in section 3317.02 of the Revised Code. 1,417
(3) "IEP" means an individualized education program AS 1,420
defined by division (E) of IN section 3323.01 of the Revised 1,421
Code.
(4) "Average county cost" means the cost, averaged among 1,424
32
school districts within a county, of providing special education 1,425
and related services to similarly handicapped children, as 1,427
calculated in a manner acceptable to the superintendent of public 1,429
instruction "APPLICABLE WEIGHT" MEANS: 1,430
(a) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 1,432
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 1,433
(A) OF SECTION 3317.013 OF THE REVISED CODE, THE MULTIPLE 1,435
SPECIFIED IN THAT DIVISION;
(b) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 1,437
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 1,438
(B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF 1,440
THE REVISED CODE, THE MULTIPLE SPECIFIED IN DIVISION (B) OF 1,441
SECTION 3317.013 OF THE REVISED CODE. 1,442
(5) "TOTAL SPECIAL EDUCATION WEIGHT" MEANS THE SUM OF THE 1,444
FOLLOWING: 1,445
(a) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 1,448
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 1,449
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 1,450
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,451
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,452
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 1,453
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 1,454
(A) OF SECTION 3317.013 OF THE REVISED CODE; 1,455
(b) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 1,457
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 1,460
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,462
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,463
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 1,464
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 1,466
(A) OF SECTION 3317.013 OF THE REVISED CODE; 1,467
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 1,470
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 1,471
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 1,472
33
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,473
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,474
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 1,475
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 1,476
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 1,478
3317.013 OF THE REVISED CODE; 1,479
(d) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 1,481
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 1,484
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,486
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,487
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 1,488
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 1,490
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 1,492
3317.013 OF THE REVISED CODE. 1,493
(6) "ENTITLED TO ATTEND SCHOOL" MEANS ENTITLED TO ATTEND 1,495
SCHOOL IN A DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE 1,496
REVISED CODE. 1,497
(7) "DPIA reduction factor" means the percentage figure, 1,500
if any, specified for reducing the per pupil amount of 1,501
disadvantaged pupil impact aid a community school is entitled to 1,502
receive pursuant to division DIVISIONS (D)(3)(4) AND (5) of this 1,503
section in any year, as specified in the school's financial plan 1,506
for the year pursuant to division (A)(15) of section 3314.03 of 1,507
the Revised Code.
(8) "ALL-DAY KINDERGARTEN" HAS THE SAME MEANING AS IN 1,509
SECTION 3317.029 OF THE REVISED CODE. 1,510
(B) The state board of education shall adopt rules 1,512
requiring both of the following: 1,513
(1) The board of education of each city, exempted village, 1,515
and local school district to annually report the number of 1,516
students entitled to attend school in the district pursuant to 1,517
section 3313.64 or 3313.65 of the Revised Code who are enrolled 1,519
in grades one through twelve and one-half of the kindergarten 1,520
34
students enrolled in a community school established under this 1,521
chapter, THE NUMBER OF STUDENTS ENTITLED TO ATTEND SCHOOL IN THE 1,522
DISTRICT WHO ARE ENROLLED IN KINDERGARTEN IN A COMMUNITY SCHOOL, 1,523
THE NUMBER OF THOSE KINDERGARTNERS WHO ARE ENROLLED IN ALL-DAY 1,525
KINDERGARTEN IN THEIR COMMUNITY SCHOOL, and for each child, the 1,528
community school in which the child is enrolled. In addition, 1,530
for each such child receiving special education and related 1,531
services enrolled in grades kindergarten through twelve or in a 1,532
preschool handicapped unit in a community school pursuant to an 1,534
IEP, the board shall report the average county cost for such 1,536
child. If the district receives disadvantaged pupil impact aid 1,538
pursuant to division (B) or divisions (C) and (E) of section 1,539
3317.029 of the Revised Code, it also shall report the amount 1,540
received for each such child.
(2) The governing authority of each community school 1,542
established under this chapter to annually report ALL OF the 1,543
FOLLOWING: 1,544
(a) THE number of students enrolled in grades one through 1,547
twelve and one-half the number of kindergarten students ENROLLED 1,549
IN KINDERGARTEN in the school who are not receiving special 1,550
education and related services pursuant to an IEP; the 1,551
(b) THE number of enrolled students in grades one through 1,553
twelve and one-half the number of ENROLLED STUDENTS IN 1,554
kindergarten students, who are receiving special education and 1,557
related services pursuant to an IEP; the 1,558
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 1,561
(B)(2)(b) OF THIS SECTION RECEIVING SPECIAL EDUCATION AND RELATED 1,562
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN EACH OF 1,563
DIVISIONS (A) AND (B) OF SECTION 3317.013 AND DIVISION (F)(3) OF 1,565
SECTION 3317.02 OF THE REVISED CODE; 1,567
(d) THE number of enrolled preschool handicapped students 1,570
receiving special education services in a state-funded unit; the 1,571
(e) THE community school's base formula amount; and 1,574
(f) FOR EACH STUDENT, the city, exempted village, or local 1,577
35
school district in which the school STUDENT is located. Each 1,579
governing authority shall also report any ENTITLED TO ATTEND 1,580
SCHOOL;
(g) ANY DPIA reduction factor that applies to a school 1,583
year.
(C) From the payments made to a city, exempted village, or 1,585
local school district under Chapter 3317. of the Revised Code 1,586
and, if necessary, sections 321.14 and 323.156 of the Revised 1,587
Code, the department of education shall annually subtract all of 1,588
the following:
(1) An amount equal to the sum of the amounts obtained 1,590
when, for each community school where the district's students are 1,591
enrolled, the number of the district's students reported under 1,592
division DIVISIONS (B)(2)(a) AND (b) of this section who are 1,593
enrolled in grades one through twelve, and one-half the number of 1,594
STUDENTS REPORTED UNDER THOSE DIVISIONS WHO ARE ENROLLED IN 1,595
kindergarten students, in that community school and are not 1,597
receiving special education and related services pursuant to an 1,598
IEP is multiplied by the base formula amount of that community 1,599
school as adjusted by the school district's 1,600
cost-of-doing-business factor.
(2) The sum PRODUCT of the average county costs for all 1,602
NUMBER OF district students reported under division (B)(2)(c) of 1,605
this section AS ENROLLED IN GRADES ONE THROUGH TWELVE, AND 1,606
ONE-HALF OF THE NUMBER OF DISTRICT STUDENTS REPORTED UNDER THAT 1,607
DIVISION AS ENROLLED IN KINDERGARTEN, who are to be receiving 1,609
special education and related services pursuant to an IEP in 1,610
their respective community schools, less the sum of the prorated 1,612
share for each such student of any amounts received from state 1,613
preschool handicapped unit funding or from federal funds to 1,614
provide special education and related services to students in the 1,615
respective community schools. This prorated share of state or 1,616
federal funds received for each such student shall be determined 1,617
on the basis of all such funds received by a community school for 1,618
36
students receiving similar services, as calculated in a manner 1,619
acceptable to the superintendent of public instruction. FOR A 1,621
HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR 1,623
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 1,625
MULTIPLIED BY THE TOTAL SPECIAL EDUCATION WEIGHT; 1,626
(3) An amount equal to the sum of the amounts obtained 1,628
when, for each community school where the district's students are 1,629
enrolled, the number of the district's students enrolled in that 1,630
community school and residing in the district in a family 1,631
participating in Ohio works first under Chapter 5107. of the 1,632
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 1,633
year pursuant to division (B) or divisions (C) and (E) of section 1,634
3317.029 of the Revised Code, as adjusted by any DPIA reduction 1,636
factor of that community school. IF THE DISTRICT RECEIVES 1,637
DISADVANTAGED PUPIL IMPACT AID UNDER DIVISION (B) OF THAT 1,638
SECTION, THE PER PUPIL AMOUNT OF THAT AID IS THE QUOTIENT OF THE 1,639
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 1,640
NUMBER OF CHILDREN AGES FIVE THROUGH SEVENTEEN RESIDING IN THE 1,641
DISTRICT AND LIVING IN A FAMILY PARTICIPATING IN OHIO WORKS 1,642
FIRST, AS MOST RECENTLY REPORTED UNDER SECTION 3317.10 OF THE 1,643
REVISED CODE. IF THE DISTRICT RECEIVES DISADVANTAGED PUPIL 1,645
IMPACT AID UNDER DIVISION (C) OF SECTION 3317.029 OF THE REVISED 1,646
CODE, THE PER PUPIL AMOUNT OF THAT AID IS THE PER PUPIL DOLLAR 1,648
AMOUNT PRESCRIBED FOR THE DISTRICT IN DIVISION (C)(1) OR (2) OF 1,649
THAT SECTION.
(4) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 1,651
WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE 1,652
ENROLLED, THE DISTRICT'S PER PUPIL AMOUNT OF AID RECEIVED UNDER 1,653
DIVISION (E) OF SECTION 3317.029 OF THE REVISED CODE, AS ADJUSTED 1,654
BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY SCHOOL, IS 1,656
MULTIPLIED BY THE SUM OF THE FOLLOWING: 1,657
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 1,659
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 1,661
37
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 1,664
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 1,666
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,668
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 1,669
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 1,670
SERVICES PURSUANT TO AN IEP; 1,671
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,673
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 1,674
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 1,675
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 1,677
OF SECTION 3317.029 OF THE REVISED CODE IS THE QUOTIENT OF THE 1,678
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 1,680
DISTRICT'S KINDERGARTEN THROUGH THIRD GRADE ADM, AS DEFINED IN 1,681
THAT SECTION. 1,682
(D) The department shall annually pay to a community 1,684
school established under this chapter all of the following: 1,685
(1) An amount equal to the sum of the amounts obtained 1,687
when the number of students enrolled in grades one through 1,688
twelve, plus one-half of the kindergarten students in the school 1,689
as, reported under division DIVISIONS (B)(2)(a) AND (b) of this 1,692
section who are not receiving special education and related 1,693
services pursuant to an IEP FOR A HANDICAP DESCRIBED IN DIVISION 1,694
(A) OR (B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 1,695
3317.02 OF THE REVISED CODE is multiplied by the community 1,696
school's base formula amount, as adjusted by the 1,697
cost-of-doing-business factor of the school district in which the 1,698
school STUDENT is located ENTITLED TO ATTEND SCHOOL; 1,699
(2) For THE GREATER OF THE FOLLOWING: 1,702
(a) THE AGGREGATE AMOUNT THAT THE DEPARTMENT PAID TO THE 1,704
COMMUNITY SCHOOL IN FISCAL YEAR 1999 FOR STUDENTS RECEIVING 1,705
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO IEPs, 1,707
EXCLUDING FEDERAL FUNDS AND STATE DISADVANTAGED PUPIL IMPACT AID 1,709
FUNDS;
38
(b) THE SUM OF THE AMOUNTS CALCULATED UNDER DIVISIONS 1,712
(D)(2)(b)(i) AND (ii) OF THIS SECTION: 1,713
(i) FOR each student REPORTED UNDER DIVISION (B)(2)(c) OF 1,717
THIS SECTION AS enrolled in the school IN GRADES ONE THROUGH 1,718
TWELVE AND receiving special education and related services 1,719
pursuant to an IEP, an amount equal to the average county cost 1,720
for such student, less a prorated share for the student of any 1,721
FOR A HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 1,723
3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED 1,726
CODE, THE FOLLOWING AMOUNT:
(THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT X THE 1,728
COST-OF-DOING-BUSINESS FACTOR OF THE DISTRICT WHERE THE STUDENT 1,729
IS ENTITLED TO ATTEND SCHOOL) + (THE APPLICABLE WEIGHT 1,730
X THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT); 1,731
(ii) FOR EACH STUDENT REPORTED UNDER DIVISION (B)(2)(c) OF 1,735
THIS SECTION AS ENROLLED IN KINDERGARTEN AND RECEIVING SPECIAL
EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A HANDICAP 1,737
DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR DIVISION 1,739
(F)(3) OF SECTION 3317.02 OF THE REVISED CODE, ONE-HALF OF THE 1,741
AMOUNT CALCULATED UNDER THE FORMULA PRESCRIBED IN DIVISION 1,742
(D)(2)(b)(i) OF THIS SECTION.
(3) AN amount received from state preschool handicapped 1,745
unit funding or federal funds to provide special education and 1,746
related services to students in the community school. This 1,747
prorated share shall be, AS determined as described under 1,748
division (C)(2) of this section BY THE SUPERINTENDENT OF PUBLIC 1,750
INSTRUCTION.
(3)(4) An amount equal to the SUM OF THE AMOUNTS OBTAINED 1,752
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 1,754
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE number of THAT 1,756
DISTRICT'S students enrolled in the community school and residing 1,757
in the school district in a family participating in Ohio works 1,759
first IS multiplied by the per pupil amount of disadvantaged
pupil impact aid that school district receives that year pursuant 1,761
39
to division (B) or divisions (C) and (E) of section 3317.029 of 1,763
the Revised Code, as adjusted by any DPIA reduction factor of the 1,764
community school. THE PER PUPIL AMOUNT OF AID SHALL BE 1,766
DETERMINED AS DESCRIBED IN DIVISION (C)(3) OF THIS SECTION. 1,767
(5) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 1,769
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 1,770
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE DISTRICT'S PER PUPIL 1,771
AMOUNT OF AID RECEIVED UNDER DIVISION (E) OF SECTION 3317.029 OF 1,772
THE REVISED CODE, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE 1,775
COMMUNITY SCHOOL, IS MULTIPLIED BY THE SUM OF THE FOLLOWING: 1,776
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 1,778
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 1,780
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 1,783
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 1,785
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,787
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 1,788
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 1,789
SERVICES PURSUANT TO AN IEP; 1,790
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,792
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 1,793
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 1,794
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 1,796
OF SECTION 3317.029 OF THE REVISED CODE SHALL BE DETERMINED AS 1,797
DESCRIBED IN DIVISION (C)(4) OF THIS SECTION. 1,798
(E) IF A COMMUNITY SCHOOL'S COSTS FOR A FISCAL YEAR FOR A 1,800
STUDENT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT 1,801
TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION (F)(3) OF SECTION 1,803
3317.02 OF THE REVISED CODE ARE TWENTY-FIVE THOUSAND DOLLARS OR 1,805
MORE, THE SCHOOL MAY SUBMIT TO THE SUPERINTENDENT OF PUBLIC 1,806
INSTRUCTION DOCUMENTATION, AS PRESCRIBED BY THE SUPERINTENDENT, 1,807
OF ALL ITS COSTS FOR THAT STUDENT. UPON SUBMISSION OF 1,808
DOCUMENTATION FOR A STUDENT OF THE TYPE AND IN THE MANNER 1,809
PRESCRIBED, THE DEPARTMENT SHALL PAY TO THE DISTRICT AN AMOUNT 1,810
40
EQUAL TO THE SCHOOL'S COSTS FOR THE STUDENT IN EXCESS OF 1,811
TWENTY-FIVE THOUSAND DOLLARS.
(F) A community school may apply to the department of 1,813
education for preschool handicapped or gifted unit funding the 1,814
school would receive if it were a school district. Upon request 1,815
of its governing authority, a community school that received unit 1,817
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 1,818
district-operated school provided the school continues to meet 1,819
eligibility standards for the unit. 1,820
A community school shall be considered a school district 1,822
and its governing authority shall be considered a board of 1,823
education for the purpose of applying to any state or federal 1,824
agency for grants that a school district may receive under 1,825
federal or state law or any appropriations act of the general 1,826
assembly. The governing authority of a community school may 1,827
apply to any private entity for additional funds. 1,828
(F)(G) A board of education sponsoring a community school 1,830
may utilize local funds to make enhancement grants to the school 1,831
or may agree, either as part of the contract or separately, to 1,832
provide any specific services to the community school at no cost 1,833
to the school.
(G)(H) A community school may not levy taxes or issue 1,835
bonds secured by tax revenues. 1,836
(H)(I) No community school shall charge tuition for the 1,838
enrollment of any student. 1,839
(I)(J) A community school may borrow money to pay any 1,841
necessary and actual expenses of the school in anticipation of 1,843
the receipt of any portion of the payments to be received by the 1,844
school pursuant to division (D) of this section. The school may 1,845
issue notes to evidence such borrowing to mature no later than 1,846
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 1,847
which the anticipated receipts may be lawfully expended by the 1,848
41
school.
(J)(K) For purposes of determining the number of students 1,851
for which division DIVISIONS (D)(3)(4) AND (5) of this section 1,852
applies in any school year, a community school may submit to the 1,854
state department of human services, no later than the first day
of March, a list of the students enrolled in the school. For 1,856
each student on the list, the community school shall indicate the
student's name, address, and date of birth and the school 1,857
district where the student is entitled to attend school under 1,858
section 3313.64 or 3313.65 of the Revised Code. Upon receipt of 1,860
a list under this division, the department of human services 1,862
shall determine, for each school district where one or more 1,863
students on the list is entitled to attend school under section 1,864
3313.64 or 3313.65 of the Revised Code, the number of students 1,867
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. 1,869
The department shall make this determination on the basis of 1,870
information readily available to it. Upon making this 1,871
determination and no later than ninety days after submission of 1,872
the list by the community school, the department shall report to 1,873
the state department of education the number of students on the 1,874
list who reside in each school district who were included in the 1,875
department's report under section 3317.10 of the Revised Code. 1,876
In complying with this division, the department of human services 1,877
shall not report to the state department of education any 1,878
personally identifiable information on any student.
(K)(L) The department of education shall adjust the 1,880
amounts subtracted and paid under divisions (C) and (D) of this 1,881
section to reflect any enrollment of students in community 1,882
schools for less than the equivalent of a full school year. 1,883
Sec. 3314.09. The AS USED IN THIS SECTION, "NATIVE 1,892
STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL 1,893
DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 1,894
THE board of education of the EACH city, local, or AND 1,897
42
exempted village school district in which a community school is 1,899
located shall provide transportation to AND FROM SCHOOL FOR ITS 1,900
DISTRICT'S NATIVE students enrolled in the A community school, 1,901
except that the board shall be required to pick up and drop off a 1,902
nonhandicapped student only at a regular school bus stop 1,903
designated in accordance with the board's transportation policy 1,904
LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED 1,906
IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION 1,907
AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM 1,908
SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY 1,909
THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY 1,910
OR UNREASONABLE. A BOARD SHALL NOT BE REQUIRED TO TRANSPORT 1,911
NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN 1,912
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE 1,913
THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL 1,914
BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S 1,915
COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A 1,918
COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER 1,919
PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE 1,920
PARENT, GUARDIAN, OR OTHER PERSON. THE AMOUNT PAID PER PUPIL 1,921
SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER 1,922
PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF 1,923
CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT 1,924
PRECEDING YEAR. 1,925
Sec. 3314.11. The department of education shall establish 1,934
a THE state community school commission OFFICE OF SCHOOL OPTIONS 1,936
TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM, 1,937
ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND 1,938
THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO 1,939
SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE. The
commission OFFICE shall provide SERVICES THAT FACILITATE THE 1,940
43
MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT 1,941
SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and 1,942
information to persons or groups considering proposing a 1,943
community school, to governing authorities of community schools, 1,944
and to school district boards PUBLIC ENTITIES sponsoring or 1,946
considering sponsoring a community school.
Sec. 3314.12. The legislative office of education 1,955
oversight shall produce and issue an annual composite 1,956
informational report on community schools established under this 1,957
chapter or under Section 50.52 of Amended Substitute House Bill 1,958
No. 215 of the 122nd general assembly to the speaker of the house 1,960
of representatives, the president of the senate, and the
governor. The report shall include the number of schools in 1,961
operation, the size and characteristics of enrollment for the 1,962
schools, the academic performance of the schools, the financial 1,963
status of the schools, and any other pertinent information. 1,964
Sec. 3314.13. (A) As used in this section: 1,973
(1) "All-day kindergarten" and "DPIA index" have HAS the 1,976
same meanings MEANING as in section 3317.029 of the Revised Code. 1,978
(2) "Formula amount" has the same meaning as in section 1,980
3317.02 of the Revised Code. 1,981
(B) The department of education annually shall pay each 1,983
community school established under this chapter or under Section 1,984
50.52 of Amended Substitute House Bill No. 215 of the 122nd 1,985
general assembly one-half of the formula amount for each student 1,986
who TO WHOM BOTH OF THE FOLLOWING APPLY:
(1) THE STUDENT is entitled to attend school under section 1,988
3313.64 or 3313.65 of the Revised Code in a school district with 1,989
a DPIA index of one or greater and who is THAT IS ELIGIBLE TO 1,991
RECEIVE A PAYMENT UNDER DIVISION (D) OF SECTION 3317.029 OF THE 1,992
REVISED CODE IF IT PROVIDES ALL-DAY KINDERGARTEN;
(2) THE STUDENT IS reported by the community school UNDER 1,994
DIVISION (B)(3) OF SECTION 3314.08 OF THE REVISED CODE as 1,995
enrolled in all-day kindergarten at the community school. If 1,996
44
(C) IF a student for whom payment is made under DIVISION 1,999
(B) OF this section is entitled to attend school in a district 2,000
that receives any payment for all-day kindergarten under division 2,001
(D) of section 3317.029 of the Revised Code, the department shall 2,002
deduct the payment to the community school under this section 2,003
from the amount paid that school district under that division. 2,004
If that school district does not receive payment for all-day 2,005
kindergarten under that division BECAUSE IT DOES NOT PROVIDE 2,006
ALL-DAY KINDERGARTEN, the department shall pay the community 2,007
school from state funds appropriated generally for disadvantaged 2,008
pupil impact aid.
(C)(D) The department shall adjust the amounts deducted 2,011
from school districts and paid to community schools under this 2,012
section to reflect any enrollments of students in all-day 2,013
kindergarten in community schools for less than the equivalent of 2,014
a full school year.
Sec. 3314.15. (A) EACH COMMUNITY SCHOOL LOCATED IN THE 2,016
PILOT PROJECT AREA, OR IN A COUNTY CONTIGUOUS TO THE PILOT 2,017
PROJECT AREA, THAT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS 2,018
SECTION PURSUANT TO A CONTRACT ENTERED INTO WITH ITS SPONSOR 2,019
PRIOR TO THAT DATE UNDER FORMER SECTION 50.52.4 OF AM. SUB. H.B. 2,024
NO. 215 OF THE 122nd GENERAL ASSEMBLY, IS SUBJECT TO THIS CHAPTER 2,026
AND SHALL BE CONSIDERED FOR ALL PURPOSES OF THE REVISED CODE TO 2,027
BE ESTABLISHED UNDER THIS CHAPTER. HOWEVER, UNTIL THAT CONTRACT 2,028
EXPIRES, BUT NOT LATER THAN JUNE 30, 2003, THE COMMUNITY SCHOOL 2,029
MAY CONTINUE TO OPERATE IN ACCORDANCE WITH THAT CONTRACT TO THE 2,030
EXTENT IT DOES NOT CONFLICT WITH THE PROVISIONS OF SECTION 50.52 2,031
OF THAT ACT IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF 2,032
THIS SECTION. THE SCHOOL IS SUBJECT TO ANY PROVISIONS OF THIS 2,033
CHAPTER THAT DO NOT CONFLICT WITH THAT CONTRACT. IF THE
GOVERNING AUTHORITY OF SUCH A COMMUNITY SCHOOL RENEWS THE 2,034
CONTRACT WITH A SPONSOR, THE RENEWED CONTRACT SHALL COMPLY WITH 2,035
THIS CHAPTER.
(B) A PRELIMINARY AGREEMENT FOR A COMMUNITY SCHOOL ENTERED 2,037
45
INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION UNDER FORMER 2,038
SECTION 50.52.4 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL 2,042
ASSEMBLY REMAINS VALID ON AND AFTER THAT DATE FOR AS LONG AS THE 2,043
PROPOSED GOVERNING AUTHORITY AND PROPOSED SPONSOR OF THE 2,044
COMMUNITY SCHOOL CONTINUE THE AGREEMENT. IF THEY AGREE TO 2,045
PROCEED TO ENTER INTO A CONTRACT FOR THE COMMUNITY SCHOOL, THE 2,046
CONTRACT SHALL BE ENTERED INTO UNDER SECTION 3314.02 AND SHALL 2,047
COMPLY WITH SECTION 3314.03 OF THE REVISED CODE. 2,048
(C) A COMMUNITY SCHOOL DESCRIBED IN DIVISION (A) OF THIS 2,050
SECTION THAT IS LOCATED IN A COUNTY CONTIGUOUS TO THE PILOT 2,052
PROJECT AREA MAY CONTINUE IN EXISTENCE AS LONG AS THERE IS A 2,053
VALID CONTRACT BETWEEN THE SCHOOL AND A SPONSOR. ANY SUCH 2,054
CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION 2,055
SHALL BE SUBJECT TO THIS CHAPTER. ANY PUBLIC ENTITY LISTED IN 2,056
DIVISION (C)(1) OF SECTION 3314.02 OF THE REVISED CODE MAY BE A 2,058
SPONSOR FOR THE COMMUNITY SCHOOL AS IF IT WERE LOCATED IN THE 2,059
PILOT PROJECT AREA. 2,060
Sec. 3315.17. (A) The board of education of each city, 2,070
exempted village, local, and joint vocational school district 2,071
shall establish a textbook and instructional materials fund and 2,072
shall deposit into that fund four per cent, or another percentage 2,073
if established in rules adopted under division (B)(C) of this 2,075
section, of all revenues received by the district for operating 2,076
expenses. Money in the fund shall be used solely for textbooks, 2,077
instructional software, and instructional materials, supplies, 2,078
and equipment. Any money in the fund that is not used in any 2,079
fiscal year shall carry forward to the next fiscal year. 2,080
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF IN A 2,082
FISCAL YEAR A DISTRICT BOARD DEPOSITS IN THE TEXTBOOK AND 2,084
INSTRUCTIONAL MATERIALS FUND AN AMOUNT OF MONEY GREATER THAN THE 2,085
AMOUNT REQUIRED TO BE DEPOSITED BY THIS SECTION OR THE RULES 2,086
ADOPTED UNDER DIVISION (C) OF THIS SECTION, THE BOARD MAY DEDUCT 2,087
THE EXCESS AMOUNT OF MONEY FROM THE AMOUNT OF MONEY REQUIRED TO 2,088
BE DEPOSITED IN SUCCEEDING FISCAL YEARS. 2,089
46
(C) The state superintendent of public instruction and the 2,092
auditor of state jointly shall adopt rules in accordance with 2,093
Chapter 119. of the Revised Code defining what constitutes 2,095
textbooks, instructional software, and instructional materials, 2,096
supplies, and equipment for which money in a school district's 2,097
textbook and instructional materials fund may be used. The 2,098
jointly adopted rules also may designate a percentage, other than 2,100
four per cent, of district operating revenues that must be
deposited into the fund. The auditor of state shall adopt rules 2,102
under section 117.20 of the Revised Code authorizing up to a 2,104
three-year phase-in period for district boards to meet the
percentage requirements of division (A) of this section, AND 2,106
SPECIFYING THE MANNER IN WHICH DISTRICT BOARDS MAY DEDUCT FROM A 2,107
REQUIRED DEPOSIT AN EXCESS AMOUNT DEPOSITED INTO THE TEXTBOOK AND 2,108
INSTRUCTIONAL MATERIALS FUND IN A PRIOR FISCAL YEAR.
(C)(D) Notwithstanding division (A) of this section, a 2,111
district board of education in any fiscal year may appropriate 2,112
money in the district textbook and instructional materials fund 2,113
for purposes other than those permitted by that division if both 2,114
of the following occur during that fiscal year: 2,115
(1) All of the following certify to the district board in 2,117
writing that the district has sufficient textbooks, instructional 2,118
software, and instructional materials, supplies, and equipment to 2,120
ensure a thorough and efficient education within the district: 2,121
(a) The district superintendent; 2,123
(b) In districts required to have a business advisory 2,125
council, a person designated by vote of the business advisory 2,126
council;
(c) If the district teachers are represented by an 2,128
exclusive bargaining representative for purposes of Chapter 4117. 2,130
of the Revised Code, the president of that organization or the 2,133
president's designee.
(2) The district board adopts, by unanimous vote of all 2,135
members of the board, a resolution stating that the district has 2,136
47
sufficient textbooks, instructional software, and instructional 2,137
materials, supplies, and equipment to ensure a thorough and 2,138
efficient education within the district. 2,139
(D)(E) Notwithstanding any provision to the contrary in 2,141
Chapter 4117. of the Revised Code, the requirements of this 2,142
section prevail over any conflicting provisions of agreements 2,144
between employee organizations and public employers entered into 2,145
on or after the effective date of this section NOVEMBER 21, 1997. 2,146
Sec. 3316.05. (A) Pursuant to the powers of the general 2,155
assembly and for the purposes of this chapter, upon the 2,156
declaration of a fiscal emergency in any school district pursuant 2,158
to division (B) of section 3316.03 of the Revised Code, there is 2,159
established, with respect to that school district, a body both
corporate and politic constituting an agency and instrumentality 2,160
of the state and performing essential governmental functions of 2,161
the state to be known as the "financial planning and supervision 2,162
commission for ........ (name of school district)," which, in 2,163
that name, may exercise all authority vested in such a commission 2,164
by this chapter. A separate commission is established with 2,165
respect to each school district as to which there is a fiscal 2,166
emergency as determined under this chapter. 2,167
(B) A commission APPOINTED AFTER JULY 1, 1999, shall 2,169
consist of seven FIVE voting members, including women and at 2,171
least one Hispanic or African American if Hispanic and African 2,172
Americans together constitute at least twenty per cent of the 2,173
student population of the district, as follows:
(1) Four TWO ex officio members: the director of budget 2,176
and management, OR A DESIGNEE OF THE DIRECTOR, AND the 2,177
superintendent of public instruction, OR A DESIGNEE OF the 2,178
superintendent of the school district, and the mayor of the 2,179
municipal corporation with the largest number of residents living 2,180
within the school district, except that if more than fifty per 2,181
cent of the residents of the district reside outside the 2,182
municipal corporation containing the greatest number of district 2,183
48
residents or if there is no municipal corporation located in the 2,184
school district, the county auditor of the county with the
largest number of residents living within the school district 2,185
shall be a member of the commission in lieu of a mayor. 2,186
The director of budget and management may designate an 2,188
individual within the office of budget and management; the mayor 2,190
may designate a responsible official within his office or the 2,191
fiscal officer of the municipal corporation; the superintendent 2,192
of public instruction may designate an employee within the 2,193
department of education; and the superintendent of the school
district may designate an employee of the school district to 2,194
attend the meetings of the commission when the ex officio member 2,196
making the designation is absent or unable for any reason to 2,197
attend. A designee, when present, shall be counted in 2,199
determining whether a quorum is present at any meeting of the 2,200
commission and may vote and participate in all proceedings and 2,201
actions of the commission. The designations shall be in writing, 2,202
executed by the member making the designation, and filed with the 2,203
secretary of the commission. The designations may be changed 2,204
from time to time in like manner, but due regard shall be given 2,205
to the need for continuity.
(2) Three appointed members, who shall be appointed within 2,207
fifteen days after the declaration of the fiscal emergency, one 2,209
by the governor, one by the superintendent of public instruction, 2,210
and one by the mayor or county auditor who is a member of the 2,211
commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER 2,212
OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF 2,213
MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE 2,214
OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER 2,215
OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION 2,216
LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY
WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL 2,217
DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR. All of 2,218
the appointed members shall serve at the pleasure of the 2,219
49
appointing authority during the life of the commission. In the 2,220
event of the death, resignation, incapacity, removal, or 2,221
ineligibility to serve of an appointed member, the appointing 2,222
authority shall appoint a successor within fifteen days after the 2,223
vacancy occurs.
(a) The member appointed by the governor and the member 2,225
appointed by the mayor or county auditor shall be an individual: 2,226
(i) Who has knowledge and experience in financial matters, 2,228
financial management, or business organization or operations, 2,229
including at least five years of experience in the public or 2,230
private sector in the management of business or financial 2,231
enterprise, or in management consulting, public accounting, or 2,232
other similar professional activity; 2,233
(ii) Whose residency, office, or principal place of 2,235
professional or business activity is situated within the school 2,237
district.
(b) The member appointed by the superintendent of public 2,239
instruction shall be a parent of a child currently enrolled in a 2,240
public school within the district. 2,241
(C) Immediately after appointment of the initial appointed 2,243
members of the commission, the superintendent of public 2,244
instruction shall call the first meeting of the commission and 2,245
shall cause written notice of the time, date, and place of the 2,246
first meeting to be given to each member of the commission at 2,247
least forty-eight hours in advance of the meeting. 2,248
(D) The superintendent of public instruction shall serve 2,250
as the commission's chairperson and the commission shall elect 2,251
one of its members as vice-chairperson and may appoint a 2,252
secretary and any other officers, who need not be members of the 2,253
commission, AS it considers necessary. 2,254
(E) The commission may adopt and alter bylaws and rules, 2,256
which shall not be subject to section 111.15 or Chapter 119. of 2,257
the Revised Code, for the conduct of its affairs and for the 2,258
manner, subject to this chapter, in which its powers and 2,259
50
functions shall be exercised and embodied.
(F) Four THREE members of the commission constitute a 2,261
quorum of the commission. The affirmative vote of four THREE 2,262
members of the commission is necessary for any action taken by 2,264
vote of the commission. No vacancy in the membership of the 2,265
commission shall impair the rights of a quorum by such vote to 2,266
exercise all the rights and perform all the duties of the 2,267
commission. Members of the commission, and their designees, are 2,268
not disqualified from voting by reason of the functions of the 2,269
other office they hold and are not disqualified from exercising 2,270
the functions of the other office with respect to the school 2,271
district, its officers, or the commission. 2,272
(G) THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL 2,274
SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE 2,275
COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR 2,276
THAT SERVICE. At the request of the commission the auditor of 2,277
state shall designate employees of the auditor of state's office 2,278
to assist the commission and to coordinate the work of the 2,279
auditor of state's office. Upon the declaration of a fiscal 2,280
emergency in any school district, the school district shall 2,282
provide the commission with such reasonable office space in the 2,283
principal building housing the administrative offices of the 2,284
school district, where feasible, as the commission determines is
necessary to carry out its duties under this chapter. 2,285
The attorney general shall serve as the legal counsel for 2,287
the commission.
(H) The members of the commission, the superintendent of 2,290
public instruction, the auditor of state, and any person 2,291
authorized to act on behalf of or assist them shall not be
personally liable or subject to any suit, judgment, or claim for 2,292
damages resulting from the exercise of or failure to exercise the 2,293
powers, duties, and functions granted to them in regard to their 2,294
functioning under this chapter, but the commission, the 2,295
superintendent of public instruction, the auditor of state, and 2,296
51
such other persons shall be subject to mandamus proceedings to 2,297
compel performance of their duties under this chapter. 2,298
(I) At the request of the commission the administrative 2,300
head of any state agency shall temporarily assign personnel 2,301
skilled in accounting and budgeting procedures to assist the 2,302
commission in its duties. 2,303
(J) The appointed members of the commission are not 2,305
subject to section 102.02 of the Revised Code, each appointed 2,306
member of the commission shall file with the commission a signed 2,307
written statement setting forth the general nature of sales of 2,308
goods, property, or services or of loans to the school district 2,309
with respect to which that commission is established, in which 2,310
the appointed member has a pecuniary interest or in which any 2,311
member of the appointed member's immediate family, as defined in 2,312
section 102.01 of the Revised Code, or any corporation, 2,313
partnership, or enterprise of which the appointed member is an
officer, director, or partner, or of which the appointed member 2,314
or a member of the appointed member's immediate family, as so 2,315
defined, owns more than a five per cent interest, has a pecuniary 2,317
interest, and of which sale, loan, or interest such member has 2,318
knowledge. The statement shall be supplemented from time to time 2,319
to reflect changes in the general nature of any such sales or 2,320
loans.
(K) Meetings of the commission shall be subject to section 2,322
121.22 of the Revised Code except that division (C) of such 2,323
section requiring members to be physically present to be part of 2,324
a quorum or vote does not apply if the commission holds a meeting 2,325
by teleconference and if provisions are made for public 2,326
attendance at any location involved in such teleconference.
Sec. 3316.06. (A) Within sixty ONE HUNDRED TWENTY days 2,339
after the first meeting of a school district financial planning 2,341
and supervision commission, the commission shall adopt a 2,342
financial recovery plan regarding the school district for which 2,343
the commission was created. During the formulation of the plan, 2,344
52
the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain 2,345
the following:
(1) Actions to be taken to: 2,347
(a) Eliminate all fiscal emergency conditions declared to 2,350
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and 2,352
all past-due and payable payroll and fringe benefits; 2,353
(c) Eliminate the deficits in all deficit funds; 2,355
(d) Restore to special funds any moneys from such funds 2,357
that were used for purposes not within the purposes of such 2,359
funds, or borrowed from such funds by the purchase of debt 2,360
obligations of the school district with the moneys of such funds, 2,361
or missing from the special funds and not accounted for, if any; 2,362
(e) Balance the budget, avoid future deficits in any 2,364
funds, and maintain on a current basis payments of payroll, 2,365
fringe benefits, and all accounts; 2,366
(f) Avoid any fiscal emergency condition in the future; 2,368
(g) Restore the ability of the school district to market 2,370
long-term general obligation bonds under provisions of law 2,371
applicable to school districts generally. 2,372
(2) The management structure that will enable the school 2,374
district to take the actions enumerated in division (A)(1) of 2,375
this section. The plan shall specify the level of fiscal and 2,376
management control that the commission will exercise within the 2,377
school district during the period of fiscal emergency, and shall 2,378
enumerate respectively, the powers and duties of the commission 2,379
and the powers and duties of the school board during that period. 2,380
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 2,381
related to personnel, curriculum, and legal issues in order to 2,382
successfully implement the actions described in division (A)(1) 2,383
of this section.
53
(3) The target dates for the commencement, progress upon, 2,386
and completion of the actions enumerated in division (A)(1) of 2,387
this section and a reasonable period of time expected to be 2,388
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 2,390
the requirements for the plan, and the plan shall be consistent 2,391
with that time schedule.
(4) The amount and purpose of any issue of debt 2,393
obligations that will be issued, together with assurances that 2,394
any such debt obligations that will be issued will not exceed 2,395
debt limits supported by appropriate certifications by the fiscal 2,396
officer of the school district and the county auditor. Debt 2,397
obligations issued pursuant to section 133.301 of the Revised 2,398
Code shall include assurances that such debt shall be in an 2,399
amount not to exceed the amount certified under division (B) of 2,400
such section. If the commission considers it necessary in order 2,403
to maintain or improve educational opportunities of pupils in the 2,404
school district, the plan may include a proposal to restructure
or refinance outstanding debt obligations incurred by the board 2,405
under section 3313.483 of the Revised Code contingent upon the 2,407
approval, during the period of the fiscal emergency, by district
voters of a tax levied under section 718.09, 718.10, 5705.194, 2,408
5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a 2,410
renewal or replacement levy and that will provide new operating 2,411
revenue. Notwithstanding any provision of Chapter 133. or 2,413
sections 3313.483 through TO 3313.4811 of the Revised Code,
following the required approval of the district voters and with 2,415
the approval of the commission, the school district may issue 2,416
securities to evidence the restructuring or refinancing. Those 2,417
securities may extend the original period for repayment, not to 2,418
exceed ten years, and may alter the frequency and amount of 2,420
repayments, interest or other financing charges, and other terms 2,421
of agreements under which the debt originally was contracted, at 2,422
the discretion of the commission, provided that any loans 2,423
54
received pursuant to section 3313.483 of the Revised Code shall
be paid from funds the district would otherwise receive under 2,424
sections 3317.022 to 3317.025 of the Revised Code, as required 2,425
under division (E)(3) of section 3313.483 of the Revised Code. 2,426
The securities issued for the purpose of restructuring or 2,427
refinancing the debt shall be repaid in equal payments and at
equal intervals over the term of the debt and are not eligible to 2,428
be included in any subsequent proposal for the purpose of 2,429
restructuring or refinancing debt under this section. 2,430
(B) Any financial recovery plan may be amended subsequent 2,432
to its adoption. Each financial recovery plan shall be updated 2,433
annually.
Sec. 3317.01. As used in this section and section 3317.011 2,442
of the Revised Code, "school district," unless otherwise 2,443
specified, means any city, local, exempted village, joint 2,444
vocational, or cooperative education school district and any 2,446
educational service center.
This chapter shall be administered by the state board of 2,448
education. The superintendent of public instruction shall 2,449
calculate the amounts payable to each school district and shall 2,450
certify the amounts payable to each eligible district to the 2,451
treasurer of the district as provided by this chapter. No moneys 2,452
shall be distributed pursuant to this chapter without the 2,453
approval of the controlling board. 2,454
The state board of education shall, in accordance with 2,456
appropriations made by the general assembly, meet the financial 2,457
obligations of this chapter, except that moneys to meet the 2,458
financial obligations of section 3301.17 of the Revised Code 2,459
shall be supplemented from funds available to the state from the 2,460
United States or any agency or department thereof for a driver 2,461
education course of instruction. 2,462
Annually, the department of education shall calculate and 2,464
report to each school district the district's total state and 2,465
local funds for providing an adequate basic education to the 2,466
55
district's nonhandicapped students, utilizing the determination 2,467
in section 3317.012 of the Revised Code. In addition, the
department shall calculate and report separately for each school 2,468
district the district's total state and local funds for providng 2,469
an adequate education for its handicapped students, utilizing the 2,470
determinations in both sections 3317.012 and 3317.013 of the 2,471
Revised Code.
NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF EACH 2,473
FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO EACH 2,474
SCHOOL DISTRICT AND MR/DD BOARD A PRELIMINARY ESTIMATE OF THE 2,475
AMOUNT OF FUNDING THAT THE DEPARTMENT CALCULATES THE DISTRICT 2,476
WILL RECEIVE UNDER EACH OF DIVISIONS (C)(1) AND (5) OF SECTION 2,477
3317.022 OF THE REVISED CODE. NO LATER THAN THE FIRST DAY OF 2,478
DECEMBER OF EACH FISCAL YEAR, THE DEPARTMENT SHALL UPDATE THAT
PRELIMINARY ESTIMATE. 2,479
Moneys distributed pursuant to this chapter shall be 2,481
calculated and paid on a fiscal year basis, beginning with the 2,482
first day of July and extending through the thirtieth day of 2,483
June. The moneys appropriated for each fiscal year shall be 2,484
distributed at least monthly to each school district unless 2,485
otherwise provided for. The state board shall submit a yearly 2,486
distribution plan to the controlling board at its first meeting 2,488
in July. The state board shall submit any proposed midyear
revision of the plan to the controlling board in January. Any 2,490
year-end revision of the plan shall be submitted to the 2,491
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 2,492
shall be on the same basis for each school district. 2,493
The total amounts paid each month shall constitute, as 2,495
nearly as possible, one-twelfth of the total amount payable for 2,496
the entire year. Payments made during the first six months of 2,497
the fiscal year may be based on an estimate of the amounts 2,498
payable for the entire year. Payments made in the last six 2,499
months shall be based on the final calculation of the amounts 2,500
56
payable to each school district for that fiscal year. Payments 2,501
made in the last six months may be adjusted, if necessary, to 2,502
correct the amounts distributed in the first six months, and to 2,503
reflect enrollment increases when such are at least three per 2,504
cent. Except as otherwise provided, payments under this chapter 2,505
shall be made only to those school districts in which: 2,506
(A) The school district, except for any educational 2,509
service center and any joint vocational or cooperative education 2,510
school district, levies for current operating expenses at least 2,511
twenty mills. Levies for joint vocational or cooperative 2,513
education school districts or county school financing districts, 2,514
limited to or to the extent apportioned to current expenses, 2,515
shall be included in this qualification requirement. School 2,516
district income tax levies under Chapter 5748. of the Revised 2,517
Code, limited to or to the extent apportioned to current 2,518
operating expenses, shall be included in this qualification 2,519
requirement to the extent determined by the tax commissioner 2,520
under division (C) of section 3317.021 of the Revised Code. 2,521
(B) The school year next preceding the fiscal year for 2,523
which such payments are authorized meets the requirement of 2,524
section 3313.48 or 3313.481 of the Revised Code, with regard to 2,525
the minimum number of days or hours school must be open for 2,526
instruction with pupils in attendance, for individualized 2,527
parent-teacher conference and reporting periods, and for 2,528
professional meetings of teachers. This requirement shall be 2,529
waived by the superintendent of public instruction if it had been 2,530
necessary for a school to be closed because of disease epidemic, 2,531
hazardous weather conditions, inoperability of school buses or 2,532
other equipment necessary to the school's operation, damage to a 2,533
school building, or other temporary circumstances due to utility 2,534
failure rendering the school building unfit for school use, 2,535
provided that for those school districts operating pursuant to 2,536
section 3313.48 of the Revised Code the number of days the school 2,537
was actually open for instruction with pupils in attendance and 2,538
57
for individualized parent-teacher conference and reporting 2,539
periods is not less than one hundred seventy-five, or for those 2,540
school districts operating on a trimester plan the number of days 2,541
the school was actually open for instruction with pupils in 2,542
attendance not less than seventy-nine days in any trimester, for 2,543
those school districts operating on a quarterly plan the number 2,544
of days the school was actually open for instruction with pupils 2,545
in attendance not less than fifty-nine days in any quarter, or 2,546
for those school districts operating on a pentamester plan the 2,547
number of days the school was actually open for instruction with 2,548
pupils in attendance not less than forty-four days in any 2,549
pentamester.
A school district shall not be considered to have failed to 2,551
comply with this division or section 3313.481 of the Revised Code 2,552
because schools were open for instruction but either twelfth 2,553
grade students were excused from attendance for up to three days 2,554
or only a portion of the kindergarten students were in attendance 2,555
for up to three days in order to allow for the gradual 2,556
orientation to school of such students. 2,557
The superintendent of public instruction shall waive the 2,559
requirements of this section with reference to the minimum number 2,560
of days or hours school must be in session with pupils in 2,561
attendance for the school year succeeding the school year in 2,562
which a board of education initiates a plan of operation pursuant 2,563
to section 3313.481 of the Revised Code. The minimum 2,564
requirements of this section shall again be applicable to such a 2,565
district beginning with the school year commencing the second 2,566
July succeeding the initiation of one such plan, and for each 2,567
school year thereafter. 2,568
A school district shall not be considered to have failed to 2,570
comply with this division or section 3313.48 or 3313.481 of the 2,571
Revised Code because schools were open for instruction but the 2,572
length of the regularly scheduled school day, for any number of 2,573
days during the school year, was reduced by not more than two 2,574
58
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 2,576
accordance with, a teachers' salary schedule which complies with 2,578
section 3317.13 of the Revised Code.
A board of education or governing board of an educational 2,580
service center which has not conformed with other law and the 2,582
rules pursuant thereto, shall not participate in the distribution 2,583
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 2,584
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 2,585
good and sufficient reason established to the satisfaction of the 2,586
state board of education and the state controlling board. 2,587
All funds allocated to school districts under this chapter, 2,589
except those specifically allocated for other purposes, shall be 2,590
used to pay current operating expenses only. 2,591
Sec. 3317.014. THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL 2,593
COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST 2,594
PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 2,595
THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL 2,596
EDUCATION PROGRAMS ARE AS FOLLOWS: 2,597
(A) A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL 2,599
EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS 2,600
APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES 2,601
ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE. 2,602
(B) A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL 2,604
EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE 2,605
DEVELOPMENT PROGRAMS DESIGNATED BY THE DEPARTMENT OF EDUCATION AS 2,606
CATEGORY TWO VOCATIONAL EDUCATION SERVICES. 2,607
VOCATIONAL EDUCATION ASSOCIATED SERVICES COSTS CAN BE 2,609
EXPRESSED AS A MULTIPLE OF 0.05 OF THE BASE COST PER PUPIL 2,610
CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 2,611
Sec. 3317.02. As used in this chapter: 2,620
(A) Unless otherwise specified, "school district" means 2,622
city, local, and exempted village school districts. 2,623
(B) "Formula amount" means the base cost for the fiscal 2,625
59
year specified in section 3317.012 of the Revised Code, except 2,627
that to allow for the orderly phase-in of the increased funding 2,628
specified in that section, the formula amount for fiscal year 2,629
1999 shall be $3,851; the formula amount for fiscal year 2000 2,630
shall be $4,038 4,052; and the formula amount for fiscal year 2,632
2001 shall be $4,226 4,276. Thereafter, the formula amount shall 2,634
be as specified in that section.
(C) "FTE basis" means a count of students based on 2,637
full-time equivalency, in accordance with rules adopted by the 2,638
department of education pursuant to section 3317.03 of the 2,639
Revised Code. In adopting its rules under this division, the 2,640
department shall provide for counting any student in a district's 2,641
category one, two, or three special education ADM OR IN CATEGORY 2,643
ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the 2,644
student is counted in formula ADM. 2,645
(D)(1) "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED 2,648
VILLAGE SCHOOL DISTRICT, the number reported pursuant to division 2,650
(A) of section 3317.03 of the Revised Code, AND FOR A JOINT
VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO 2,651
DIVISION (D) OF THAT SECTION. 2,652
(2) "Three-year average formula ADM" means the average of 2,654
a school district's formula ADMs for the current and preceding 2,656
two fiscal years. However, as applicable in fiscal years 1999 2,657
and 2000, the three-year average FOR CITY, LOCAL, AND EXEMPTED 2,658
VILLAGE SCHOOL DISTRICTS shall be determined utilizing the FY 2,659
1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year 2,660
1997 or 1998. IN FISCAL YEARS 2000 AND 2001, THE THREE-YEAR 2,661
AVERAGE FOR JOINT VOCATIONAL SCHOOL DISTRICTS SHALL BE DETERMINED 2,663
UTILIZING THE AVERAGE DAILY MEMBERSHIP REPORTED IN FISCAL YEARS
1998 AND 1999 UNDER DIVISION (D) OF SECTION 3317.03 OF THE 2,664
REVISED CODE IN LIEU OF FORMULA ADM FOR FISCAL YEARS 1998 AND 2,665
1999.
(E) "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL 2,668
district's average daily membership reported for the applicable 2,669
60
fiscal year under the version of division (A) of section 3317.03 2,670
of the Revised Code in effect during that fiscal year, adjusted 2,672
as follows:
(1) Minus the average daily membership of handicapped 2,675
preschool children;
(2) Minus one-half of the average daily membership 2,678
attending kindergarten;
(3) Minus three-fourths of the average daily membership 2,681
attending a joint vocational school district; 2,682
(4) Plus the average daily membership entitled under 2,684
section 3313.64 or 3313.65 of the Revised Code to attend school 2,686
in the district but receiving educational services in approved 2,687
units from an educational service center or another school 2,688
district under a compact or a cooperative education agreement, as 2,689
determined by the department;
(5) Minus the average daily membership receiving 2,691
educational services from the district in approved units but 2,692
entitled under section 3313.64 or 3313.65 of the Revised Code to 2,693
attend school in another school district, as determined by the 2,694
department.
(F)(1) "Category one special education ADM" means the 2,698
average daily membership of handicapped children receiving
special education services for those handicaps specified in 2,700
division (A) of section 3317.013 of the Revised Code and reported 2,701
under division (B)(5) OR (D)(2)(b) of section 3317.03 of the 2,704
Revised Code.
(2) "Category two special education ADM" means the average 2,708
daily membership of handicapped children receiving special 2,709
education services for those handicaps specified in division (B) 2,710
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 2,712
Code. 2,713
(3) "Category three special education ADM" means the 2,717
average daily membership of students receiving special education 2,718
61
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 2,719
terms are defined pursuant to Chapter 3323. of the Revised Code, 2,720
and reported under division (B)(7) OR (D)(2)(d) of section 2,721
3317.03 of the Revised Code. 2,722
(4) "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE 2,725
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL
EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 2,726
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR 2,727
(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE. 2,728
(5) "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE 2,730
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL 2,731
EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014 2,732
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR 2,733
(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE. 2,734
(6) "CATEGORY THREE VOCATIONAL EDUCATION ADM" MEANS THE 2,736
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING OTHER VOCATIONAL 2,737
EDUCATION PROGRAMS OR SERVICES DESIGNATED AS CATEGORY THREE 2,738
VOCATIONAL EDUCATION SERVICES BY THE DEPARTMENT OF EDUCATION AND 2,739
REPORTED UNDER DIVISION (B)(10) OR (D)(2)(g) OF SECTION 3317.03 2,741
OF THE REVISED CODE.
(G) "Handicapped preschool child" means a handicapped 2,744
child, as defined in section 3323.01 of the Revised Code, who is 2,745
at least age three but is not of compulsory school age, as 2,746
defined in section 3321.01 of the Revised Code, and who has not 2,747
entered kindergarten.
(H) "County MR/DD board" means a county board of mental 2,750
retardation and developmental disabilities. 2,751
(I) "Recognized valuation" means the amount calculated for 2,754
a school district pursuant to section 3317.015 of the Revised 2,755
Code.
(J) "Transportation ADM" means the number of children 2,758
reported under division (B)(9)(11) of section 3317.03 of the 2,759
Revised Code.
62
(K) "Most AVERAGE efficient transportation use cost per 2,761
transported student" for a SCHOOL district means a statistical 2,763
representation of transportation costs as calculated under 2,765
division (D)(4)(3) of section 3317.022 of the Revised Code. 2,766
(L) "Taxes charged and payable" means the taxes charged 2,768
and payable against real and public utility property after making 2,769
the reduction required by section 319.301 of the Revised Code, 2,770
plus the taxes levied against tangible personal property. 2,771
(M) "Total taxable value" means the sum of the amounts 2,774
certified for a city, local, exempted village, or joint 2,775
vocational school district under divisions (A)(1) and (2) of 2,776
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 2,778
indicated in this division for the county in which the A CITY, 2,779
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is 2,780
located, adjusted in accordance with division (N)(2) of this 2,782
section. If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
district is located in more than one county, the factor is the 2,784
amount indicated for the county to which the district is assigned 2,785
by the state department of education. IF A JOINT VOCATIONAL 2,786
SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS
THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL 2,787
SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS 2,788
LOCATED. 2,789
COST-OF-DOING-BUSINESS 2,791
COUNTY FACTOR AMOUNT 2,792
Adams 1.0100 1.0074 2,793
Allen 1.0272 1.0217 2,794
Ashland 1.0362 1.0322 2,795
Ashtabula 1.0540 1.0480 2,796
Athens 1.0040 1.0046 2,797
Auglaize 1.0300 1.0255 2,798
Belmont 1.0101 1.0078 2,799
Brown 1.0218 1.0194 2,800
63
Butler 1.0662 1.0650 2,801
Carroll 1.0180 1.0166 2,802
Champaign 1.0432 1.0292 2,803
Clark 1.0489 1.0462 2,804
Clermont 1.0498 1.0510 2,805
Clinton 1.0287 1.0293 2,806
Columbiana 1.0320 1.0300 2,807
Coshocton 1.0224 1.0205 2,808
Crawford 1.0174 1.0152 2,809
Cuyahoga 1.0725 1.0697 2,810
Darke 1.0360 1.0340 2,811
Defiance 1.0214 1.0177 2,812
Delaware 1.0512 1.0339 2,813
Erie 1.0414 1.0391 2,814
Fairfield 1.0383 1.0358 2,815
Fayette 1.0281 1.0266 2,816
Franklin 1.0548 1.0389 2,817
Fulton 1.0382 1.0355 2,818
Gallia 1.0000 2,819
Geauga 1.0608 1.0568 2,820
Greene 1.0418 1.0406 2,821
Guernsey 1.0091 1.0072 2,822
Hamilton 1.0750 2,823
Hancock 1.0270 1.0224 2,824
Hardin 1.0384 1.0219 2,825
Harrison 1.0111 1.0098 2,826
Henry 1.0389 1.0347 2,827
Highland 1.0177 1.0139 2,828
Hocking 1.0164 1.0149 2,829
Holmes 1.0275 1.0237 2,830
Huron 1.0348 1.0317 2,831
Jackson 1.0176 1.0132 2,832
Jefferson 1.0090 1.0084 2,833
Knox 1.0276 1.0251 2,834
64
Lake 1.0627 1.0596 2,835
Lawrence 1.0154 1.0128 2,836
Licking 1.0418 1.0381 2,837
Logan 1.0376 1.0188 2,838
Lorain 1.0573 1.0535 2,839
Lucas 1.0449 1.0413 2,840
Madison 1.0475 1.0342 2,841
Mahoning 1.0465 1.0426 2,842
Marion 1.0289 1.0121 2,843
Medina 1.0656 1.0608 2,844
Meigs 1.0016 1.0031 2,845
Mercer 1.0209 1.0177 2,846
Miami 1.0456 1.0425 2,847
Monroe 1.0152 1.0118 2,848
Montgomery 1.0484 1.0482 2,849
Morgan 1.0168 1.0140 2,850
Morrow 1.0293 1.0268 2,851
Muskingum 1.0194 1.0167 2,852
Noble 1.0150 1.0129 2,853
Ottawa 1.0529 1.0510 2,854
Paulding 1.0216 1.0156 2,855
Perry 1.0185 1.0175 2,856
Pickaway 1.0350 1.0338 2,857
Pike 1.0146 1.0103 2,858
Portage 1.0595 1.0556 2,859
Preble 1.0523 1.0486 2,860
Putnam 1.0308 1.0253 2,861
Richland 1.0232 1.0205 2,862
Ross 1.0111 1.0089 2,863
Sandusky 1.0361 1.0336 2,864
Scioto 1.0082 1.0044 2,865
Seneca 1.0265 1.0240 2,866
Shelby 1.0274 1.0257 2,867
Stark 1.0330 1.0313 2,868
65
Summit 1.0642 1.0616 2,869
Trumbull 1.0465 1.0425 2,870
Tuscarawas 1.0109 1.0099 2,871
Union 1.0488 1.0330 2,872
Van Wert 1.0181 1.0126 2,873
Vinton 1.0065 1.0068 2,874
Warren 1.0678 1.0651 2,875
Washington 1.0124 1.0110 2,876
Wayne 1.0446 1.0406 2,877
Williams 1.0316 1.0268 2,878
Wood 1.0431 1.0405 2,879
Wyandot 1.0227 1.0191 2,880
(2) As used in this division, "multiplier" means the 2,885
number for the corresponding fiscal year as follows: 2,886
FISCAL YEAR OF THE 2,888
COMPUTATION MULTIPLIER 2,889
1998 9.6/7.5 2,891
1999 11.0/7.5 2,892
2000 12.4/7.5 2,893
2001 13.8/7.5 2,894
2002 15.2/7.5 2,895
2003 16.6/7.5 2,896
2004 and thereafter 18.0/7.5 2,897
Beginning in fiscal year 1998, the department shall 2,900
annually adjust the cost-of-doing-business factor for each county 2,902
in accordance with the following formula: 2,903
[(The cost-of-doing-business factor specified under 2,905
division (N)(1) of this section - 1) X (the multiplier 2,906
for the fiscal year of the calculation)< + 1 2,907
The result of such formula shall be the adjusted 2,909
cost-of-doing-business factor for that fiscal year. 2,910
(O) "Tax exempt value" of a school district means the 2,912
amount certified for a school district under division (A)(4) of 2,913
section 3317.021 of the Revised Code. 2,914
66
(P) "Potential value" of a school district means the 2,916
adjusted total taxable value of a school district plus the tax 2,918
exempt value of the district. 2,919
(Q) "District median income" means the median Ohio 2,921
adjusted gross income certified for a school district. On or 2,922
before the first day of July of each year, the tax commissioner 2,923
shall certify to the department of education for each city, 2,924
exempted village, and local school district the median Ohio 2,925
adjusted gross income of the residents of the school district 2,926
determined on the basis of tax returns filed for the second 2,927
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 2,929
median income of all city, exempted village, and local school 2,931
districts in the state.
(S) "Income factor" for a city, exempted village, or local 2,933
school district means the quotient obtained by dividing that 2,934
district's median income by the statewide median income. 2,935
(T) Except as provided in division (B)(3) of section 2,938
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 2,940
recognized valuation divided by the greater of the district's 2,941
formula ADM or three-year average formula ADM. 2,942
(U) Except as provided in section 3317.0213 of the Revised 2,945
Code, "adjusted valuation per pupil" means the amount calculated 2,946
in accordance with the following formula: 2,947
District valuation per pupil - [$60,000 X 2,949
(1 - district income factor)< 2,950
If the result of such formula is negative, the adjusted 2,952
valuation per pupil shall be zero. 2,953
(V) "Income adjusted valuation" means the product obtained 2,955
by multiplying the SCHOOL district's adjusted valuation per pupil 2,956
by the greater of the district's formula ADM or three-year 2,959
average formula ADM.
(W) Except as provided in division (A)(2) of section 2,962
67
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 2,963
(1) In any fiscal year that a SCHOOL district's income 2,965
factor is less than or equal to one, the amount calculated under 2,967
the following formula:
(Income adjusted valuation X 1/5) + 2,968
(recognized valuation X 4/5) 2,969
(2) In fiscal year 1999, if a SCHOOL district's income 2,972
factor is greater than one, the amount calculated under the 2,973
following formula: 2,974
(Income adjusted valuation X 1/15) 2,975
+ (recognized valuation X 14/15) 2,976
Thereafter, the adjusted total taxable value of a district 2,978
with an income factor greater than one shall be its recognized 2,980
valuation.
Sec. 3317.022. (A)(1) The department of education shall 2,989
compute and distribute state basic aid BASE COST FUNDING to each 2,991
school district for the fiscal year in accordance with the
following formula, using adjusted total taxable value as defined 2,993
under division (W) of IN section 3317.02 of the Revised Code or 2,994
division (A)(2) of this section and the information obtained 2,996
under section 3317.021 of the Revised Code in the calendar year 2,997
in which the fiscal year begins.
Compute the following for each eligible district: 2,999
[cost-of-doing-business factor X 3,000
the formula amount X (the greater of formula ADM 3,001
or three-year average formula ADM)< - 3,002
(.023 X adjusted total taxable value) 3,003
If the difference obtained is a negative number, the 3,005
district's computation shall be zero. 3,006
(2)(a) For each school district for which the tax exempt 3,008
value of the district equals or exceeds twenty-five per cent of 3,009
the potential value of the district, the department of education 3,010
shall calculate the difference between the district's tax exempt 3,011
68
value and twenty-five per cent of the district's potential value. 3,012
(b) For each school district to which division (A)(2)(a) 3,015
of this section applies, the adjusted total taxable value used in 3,016
the calculation under division (A)(1) of this section shall be 3,017
the adjusted total taxable value modified by subtracting the 3,018
amount calculated under division (A)(2)(a) of this section. 3,019
(B) As used in division (C) of this section: 3,021
(1) The "total special education weight" for a district 3,023
means the sum of the following amounts: 3,024
(a) The district's category one special education ADM 3,026
multiplied by the multiple specified under division (A) of 3,029
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 3,031
three special education ADMs multiplied by the multiple specified 3,033
under division (B) of section 3317.013 of the Revised Code. 3,034
(2) "State share percentage" means the percentage 3,036
calculated for a district as follows: 3,037
(a) Calculate the basic aid STATE BASE COST FUNDING amount 3,039
for the district for the fiscal year under division (A) of this 3,041
section. If the district would not receive any state basic aid 3,042
BASE COST FUNDING for that year under that division, the 3,044
district's state share percentage is zero.
(b) If the district would receive basic aid STATE BASE 3,046
COST FUNDING under that division, divide that basic aid amount by 3,048
an amount equal to the following: 3,049
Cost-of-doing-business factor X 3,051
the formula amount X (the greater of formula 3,052
ADM or three-year average formula ADM) 3,053
The resultant number is the district's state share 3,055
percentage. 3,056
(3) "Related services" includes: 3,058
(a) Child study, special education supervisors and 3,060
coordinators, speech and hearing services, adaptive physical 3,061
development services, occupational or physical therapy, teacher 3,063
69
assistants for handicapped children whose handicaps are described 3,064
in division (B) of section 3317.013 or division (F)(3) of section 3,065
3317.02 of the Revised Code, behavioral intervention, interpreter 3,067
services, work study, nursing services, and specialized 3,068
integrative services as those terms are defined by the
department;
(b) Speech and language services provided to any student 3,071
with a handicap, including any student whose primary or only 3,072
handicap is a speech and language handicap;
(c) Any related service not specifically covered by other 3,075
state funds but specified in federal law, including but not 3,076
limited to, audiology and school psychological services;
(d) Any service included in units funded under former 3,079
division (O)(1) of section 3317.023 of the Revised Code; 3,080
(e) Any other related service needed by handicapped 3,083
children in accordance with their individualized education plans. 3,084
(4) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT 3,086
MEANS THE SUM OF THE FOLLOWING AMOUNTS: 3,087
(a) THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM 3,089
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION 3,090
3317.014 OF THE REVISED CODE; 3,091
(b) THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM 3,093
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 3,094
3317.014 OF THE REVISED CODE. 3,095
(C)(1) The department shall compute and distribute state 3,097
special education and related services additional weighted costs 3,098
funds to each school district in accordance with the following 3,099
formula:
The district's state share percentage 3,101
X the formula amount for the year 3,102
for which the aid is calculated 3,103
X the district's total special education weight 3,104
(2) In any fiscal year, a school district receiving funds 3,106
under division (C)(1) of this section shall spend on related 3,108
70
services the lesser of the following: 3,109
(a) The amount the district spent on related services in 3,112
the preceding fiscal year;
(b) 1/8 X §[cost-of-doing-business factor X the formula 3,115
amount X (the category one special education ADM + category two 3,116
special education ADM + category three special education ADM)< + 3,118
the amount calculated for the fiscal year under division (C)(1) 3,120
of this section + the local share of special education and 3,121
related services additional weighted costs 3,122
(3) The local share of special education and related 3,124
services additional weighted costs equals: 3,125
(1 - the district's state share percentage) X 3,127
the district's total special education weight X 3,128
the formula amount 3,129
(4) The department shall compute and pay in accordance 3,132
with this division additional state aid to school districts for 3,133
students in category three special education ADM. If a 3,134
district's costs for the fiscal year for a student in its 3,135
category three special education ADM are twenty-five thousand 3,137
dollars or more, the district may submit to the superintendent of 3,138
public instruction documentation, as prescribed by the 3,139
superintendent, of all its costs for that student. Upon 3,140
submission of documentation for a student of the type and in the 3,141
manner prescribed, the department shall pay to the district an 3,142
amount equal to the district's costs for the student in excess of 3,143
twenty-five thousand dollars multiplied by the district's state 3,144
share percentage.
(5)(a) AS USED IN THIS DIVISION, THE PERSONNEL ALLOWANCE 3,146
MEANS TWENTY THOUSAND DOLLARS IN FISCAL YEAR 2000 AND TWENTY-FIVE 3,147
THOUSAND DOLLARS IN FISCAL YEAR 2001. 3,148
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 3,150
FOR NO OTHER PURPOSE, THE DEPARTMENT OF EDUCATION SHALL PAY EACH 3,151
SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE FOLLOWING FORMULA: 3,152
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 3,155
71
ALLOWANCE X THE STATE SHARE PERCENTAGE 3,156
(6) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 3,158
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS 3,159
ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED 3,160
FOR SPECIAL EDUCATION EXPENSES. 3,161
(D)(1) As used in this division, "log density" means the 3,163
logarithmic calculation (base 10) of each district's 3,164
transportation ADM per linear mile: 3,165
(a) "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS 3,167
MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE. 3,168
(b) "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS 3,170
DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER 3,171
OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE 3,172
NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION 3,173
ADM.
(c) "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION 3,175
ADM DIVIDED BY TRANSPORTATION BASE. 3,176
(2) ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS 3,178
RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION 3,179
USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION 3,180
FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF 3,181
DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT 3,182
PERCENTAGE. FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE 3,183
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS 3,184
EXPRESSED AS FOLLOWS:
50.67477 + (140.94357 X DAILY BUS MILES PER STUDENT) + 3,186
(108.36864 X TRANSPORTED STUDENT PERCENTAGE) 3,187
(3) In addition to funds paid under divisions (A) and, 3,190
(C), (E), AND (F) of this section, each district WITH A 3,191
TRANSPORTED STUDENT PERCENTAGE GREATER THAN ZERO shall receive a 3,192
payment equal to sixty per cent A PERCENTAGE of THE PRODUCT OF 3,193
the district's transportation ADM BASE times the district's most 3,194
AVERAGE efficient transportation use cost per transported 3,195
student. THAT PERCENTAGE SHALL BE THE FOLLOWING PERCENTAGE 3,196
72
SPECIFIED FOR
(3) In fiscal years 1999 through 2002, notwithstanding the 3,198
amount calculated for each district under division (D)(2) of this 3,199
section, each district shall receive in the corresponding fiscal 3,200
year the following percentage of the district's transportation 3,202
ADM times the district's most efficient transportation use cost 3,203
per transported student:
FISCAL YEAR PERCENTAGE 3,205
1999 50% 3,206
2000 52.5% 3,207
2001 55% 3,208
2002 57.5% 3,209
2003 AND THEREAFTER 60% 3,210
(4) For purposes of funding the student transportation 3,214
portion, the THE department of education shall ANNUALLY determine 3,215
the most AVERAGE efficient transportation use cost per 3,217
transported student for each school district. This cost per 3,218
student shall be an amount equal to the number ten to a power 3,219
calculated in accordance with the following formula: 3,220
(-0.413148 X log density) + 2.493129 3,221
(5) The department of education shall annually update the 3,224
most efficient transportation use cost per transported student 3,225
for each district in accordance with the PRINCIPLES STATED IN 3,226
DIVISION (D)(2) OF THIS SECTION, UPDATING THE INTERCEPT AND 3,227
REGRESSION COEFFICIENTS OF THE REGRESSION formula MODELED in THAT 3,228
division (D)(4) of this section, including the figures and log 3,230
density component of that formula, based on an annual statewide 3,231
analysis of each district's transportation ADM per linear mile 3,233
DAILY BUS MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, and 3,234
TRANSPORTATION COST DATA. THE DEPARTMENT shall notify the office
of budget and management of such update by September of every 3,236
year.
The department of education shall use the most recent 3,238
available PRIOR FISCAL YEAR'S data as of the first day of July of 3,239
73
each year to complete the annual update. The department shall 3,240
AND apply a 2.8 per cent inflation cost adjustment factor for 3,241
each fiscal year since the fiscal year for which the data applies 3,243
to adjust the amount calculated for each district under division 3,244
(D)(2) or (3) of this section to the current fiscal year level. 3,245
(4) NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS 3,247
SECTION, IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE 3,249
THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS 3,250
OR THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER 3,251
DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT 3,252
FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB. 3,254
H.B. 650 OF THE 122nd GENERAL ASSEMBLY. 3,256
(5) IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO 3,258
(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD 3,259
SUBSIDY IF BOTH OF THE FOLLOWING APPLY: 3,260
(a) ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE 3,262
STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN 3,263
DIVISION (D)(6) OF THIS SECTION; 3,264
(b) ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE 3,267
STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT 3,268
DIVISION.
(6) THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING 3,270
THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE 3,271
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,272
(PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X 3,275
DENSITY MULTIPLIER 3,276
WHERE: 3,278
(a) "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED 3,280
IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,281
0.75 - §0.75 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY 3,284
ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE - 3,285
STATEWIDE ROUGH ROAD PERCENTAGE)< 3,286
(i) "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST 3,288
COUNTY ROUGH ROAD PERCENTAGE IN THE STATE. 3,289
74
(ii) "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE 3,291
OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS 3,292
THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B, 3,294
C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED 3,295
OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 3,296
COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS 3,297
COST-OF-DOING-BUSINESS FACTOR. 3,298
(iii) "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE 3,300
PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL, 3,301
COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR 3,302
F BY THE DEPARTMENT OF TRANSPORTATION. 3,303
(b) "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S 3,305
TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD 3,306
PERCENTAGE.
(c) "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN 3,308
ACCORDANCE WITH THE FOLLOWING FORMULA: 3,309
1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT 3,311
DENSITY)/(MINIMUM STUDENT DENSITY - 3,312
STATEWIDE STUDENT DENSITY)< 3,313
(i) "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT 3,315
STUDENT DENSITY IN THE STATE. 3,316
(ii) "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S 3,318
TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE 3,319
DISTRICT. 3,320
(iii) "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE 3,322
TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM 3,323
OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS. 3,324
(7) In addition to funds paid under division DIVISIONS 3,326
(D)(2) or (3) TO (6) of this section, each district shall receive 3,328
in accordance with rules adopted by the state board of education
a payment for students transported by means other than 3,330
board-owned or contractor-operated buses and whose transportation 3,331
is not funded under division (J) of section 3317.024 of the 3,332
Revised Code. The rules shall include provisions for school 3,333
75
district reporting of such students.
(E)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 3,335
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 3,337
SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,338
STATE SHARE PERCENTAGE X 3,339
THE FORMULA AMOUNT X 3,340
TOTAL VOCATIONAL EDUCATION WEIGHT 3,341
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 3,343
DIVISION (E)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 3,344
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 3,345
VOCATIONAL EDUCATION EXPENSES. 3,346
(2) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH 3,348
SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED 3,349
SERVICES IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,350
STATE SHARE PERCENTAGE X .05 X THE FORMULA AMOUNT X THE SUM OF 3,353
CATEGORIES ONE, TWO, AND THREE VOCATIONAL EDUCATION ADM 3,356
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 3,358
DIVISION (E)(2) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 3,359
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 3,360
VOCATIONAL EDUCATION ASSOCIATED SERVICES EXPENSES, WHICH MAY 3,361
INCLUDE SUCH PURPOSES AS APPRENTICESHIP COORDINATORS, 3,362
COORDINATORS FOR OTHER VOCATIONAL EDUCATION SERVICES, VOCATIONAL 3,363
EVALUATION, AND OTHER PURPOSES DESIGNATED BY THE DEPARTMENT. THE 3,364
DEPARTMENT MAY DENY PAYMENT UNDER DIVISION (E)(2) OF THIS SECTION 3,365
TO ANY DISTRICT THAT THE DEPARTMENT DETERMINES IS NOT OPERATING 3,366
THOSE SERVICES OR IS USING FUNDS PAID UNDER DIVISION (E)(2) OF 3,368
THIS SECTION FOR OTHER PURPOSES.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 3,377
the Revised Code, the amounts required to be paid to a district 3,378
under this chapter shall be adjusted by the amount of the 3,380
computations made under divisions (B) to (K) of this section. 3,381
As used in this section: 3,383
(1) "Classroom teacher" means a licensed employee who 3,385
provides direct instruction to pupils, excluding teachers funded 3,386
76
from money paid to the district from federal sources; educational 3,387
service personnel; and vocational and special education teachers. 3,388
(2) "Educational service personnel" shall not include such 3,390
specialists funded from money paid to the district from federal 3,391
sources or assigned full-time to vocational or special education 3,392
students and classes and may only include those persons employed 3,393
in the eight specialist areas in a pattern approved by the 3,394
department of education under guidelines established by the state 3,395
board of education. 3,396
(3) "Annual salary" means the annual base salary stated in 3,398
the state minimum salary schedule for the performance of the 3,399
teacher's regular teaching duties that the teacher earns for 3,400
services rendered for the first full week of October of the 3,401
fiscal year for which the adjustment is made under division (C) 3,403
of this section. It shall not include any salary payments for
supplemental teachers contracts. 3,404
(4) "Regular student population" means the formula ADM 3,406
plus the number of students reported as enrolled in the district 3,407
pursuant to division (A)(1) of section 3313.981 of the Revised 3,408
Code; minus the number of students reported under disvision 3,410
DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the 3,411
FTE of students reported under division (B)(5), (6), (7), or (8), 3,412
OR (9) of that section who are enrolled in a vocational education 3,414
class or receiving special education; and minus one-fourth of the 3,415
students enrolled concurrently in a joint vocational school 3,416
district.
(B) If the district employs less than one full-time 3,418
equivalent classroom teacher for each twenty-five pupils in the 3,420
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 3,422
(1) Divide the number of the district's full-time 3,424
equivalent classroom teachers employed by one twenty-fifth; 3,425
(2) Subtract the quotient in (1) from the district's 3,427
regular student population; 3,428
77
(3) Multiply the difference in (2) by seven hundred 3,430
fifty-two dollars. 3,431
(C) If a positive amount, add one-half of the amount 3,433
obtained by multiplying the number of full-time equivalent 3,434
classroom teachers by: 3,435
(1) The mean annual salary of all full-time equivalent 3,437
classroom teachers employed by the district at their respective 3,438
training and experience levels minus; 3,439
(2) The mean annual salary of all such teachers at their 3,441
respective levels in all school districts receiving payments 3,442
under this section. 3,443
The number of full-time equivalent classroom teachers used 3,445
in this computation shall not exceed one twenty-fifth of the 3,446
district's regular student population. In calculating the 3,448
district's mean salary under this division, those full-time 3,449
equivalent classroom teachers with the highest training level 3,450
shall be counted first, those with the next highest training 3,451
level second, and so on, in descending order. Within the 3,452
respective training levels, teachers with the highest years of 3,453
service shall be counted first, the next highest years of service 3,454
second, and so on, in descending order.
(D) This division does not apply to a school district that 3,456
has entered into an agreement under division (A) of section 3,457
3313.42 of the Revised Code. Deduct the amount obtained from the 3,458
following computations if the district employs fewer than five 3,459
full-time equivalent educational service personnel, including 3,460
elementary school art, music, and physical education teachers, 3,461
counselors, librarians, visiting teachers, school social workers, 3,462
and school nurses for each one thousand pupils in the regular 3,464
student population: 3,465
(1) Divide the number of full-time equivalent educational 3,467
service personnel employed by the district by five 3,468
one-thousandths; 3,469
(2) Subtract the quotient in (1) from the district's 3,471
78
regular student population; 3,472
(3) Multiply the difference in (2) by ninety-four dollars. 3,474
(E) If a local school district, or a city or exempted 3,476
village school district to which a governing board of an 3,478
educational service center provides services pursuant to section 3,479
3313.843 of the Revised Code, deduct the amount of the payment 3,480
required for the reimbursement of the governing board under 3,481
section 3317.11 of the Revised Code. 3,482
(F)(1) If the district is required to pay to or entitled 3,484
to receive tuition from another school district under division 3,485
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 3,486
Revised Code, or if the superintendent of public instruction is 3,487
required to determine the correct amount of tuition and make a 3,488
deduction or credit under section 3317.08 of the Revised Code, 3,489
deduct and credit such amounts as provided in division (I) of 3,490
section 3313.64 or section 3317.08 of the Revised Code. 3,491
(2) For each child for whom the district is responsible 3,493
for tuition or payment under division (A)(1) of section 3317.082 3,494
or section 3323.091 of the Revised Code, deduct the amount of 3,496
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 3,498
superintendent of public instruction under section 3313.90 of the 3,499
Revised Code as not in compliance with the requirements of that 3,500
section, deduct an amount equal to ten per cent of the amount 3,501
computed for the district under section 3317.022 of the Revised 3,502
Code. 3,503
(H) If the district has received a loan from a commercial 3,506
lending institution for which payments are made by the 3,507
superintendent of public instruction pursuant to division (E)(3) 3,508
of section 3313.483 of the Revised Code, deduct an amount equal 3,509
to such payments. 3,510
(I)(1) If the district is a party to an agreement entered 3,512
into under division (D), (E), or (F) of section 3311.06 or 3,513
division (B) of section 3311.24 of the Revised Code and is 3,514
79
obligated to make payments to another district under such an 3,515
agreement, deduct an amount equal to such payments if the 3,516
district school board notifies the department in writing that it 3,517
wishes to have such payments deducted. 3,518
(2) If the district is entitled to receive payments from 3,520
another district that has notified the department to deduct such 3,521
payments under division (I)(1) of this section, add the amount of 3,523
such payments. 3,524
(J) If the district is required to pay an amount of funds 3,526
to a cooperative education district pursuant to a provision 3,527
described by division (B)(4) of section 3311.52 or division 3,528
(B)(8) of section 3311.521 of the Revised Code, deduct such 3,529
amounts as provided under that provision and credit those amounts 3,530
to the cooperative education district for payment to the district 3,531
under division (B)(1) of section 3317.19 of the Revised Code. 3,532
(K)(1) If a district is educating a student entitled to 3,534
attend school in another district pursuant to a shared education 3,535
contract, compact, or cooperative education agreement other than 3,536
an agreement entered into pursuant to section 3313.842 of the 3,537
Revised Code, credit to that educating district on an FTE basis 3,538
both of the following:
(a) An amount equal to the formula amount times the cost 3,540
of doing business factor of the school district where the student 3,541
is entitled to attend school pursuant to section 3313.64 or 3,542
3313.65 of the Revised Code; 3,543
(b) An amount equal to the formula amount times the state 3,545
share percentage times any multiple applicable to the student 3,546
pursuant to section 3317.013 of the Revised Code. 3,547
(2) Deduct any amount credited pursuant to division (K)(1) 3,549
of this section from amounts paid to the school district in which 3,550
the student is entitled to attend school pursuant to section 3,551
3313.64 or 3313.65 of the Revised Code. 3,552
(3) If the district is required by a shared education 3,554
contract, compact, or cooperative education agreement to make 3,555
80
payments to an educational service center, deduct the amounts 3,556
from payments to the district and add them to the amounts paid to 3,557
the service center pursuant to section 3317.11 of the Revised
Code. 3,558
Sec. 3317.024. In addition to the moneys paid to eligible 3,567
school districts pursuant to section 3317.022 of the Revised 3,569
Code, moneys appropriated for the education programs in divisions 3,570
(A) to (L), (O), and (P) of this section shall be distributed to 3,572
school districts meeting the requirements of section 3317.01 of 3,573
the Revised Code; in the case of divisions (I) and, (J), and, in 3,574
fiscal year 1999 only, division (P)(1) of this section, to 3,576
educational service centers as provided in section 3317.11 of the 3,577
Revised Code; in the case of divisions (E), (M), and (N) of this 3,578
section, to county MR/DD boards; in the case of division (I) of 3,579
this section, to joint vocational and cooperative education 3,580
school districts; in the case of division (K) of this section, to 3,581
cooperative education school districts; and in the case of 3,584
division (Q) of this section, to the institutions defined under 3,585
section 3317.082 of the Revised Code providing elementary or 3,586
secondary education programs to children other than children 3,587
receiving special education under section 3323.091 of the Revised 3,588
Code. The following shall be distributed monthly, quarterly, or 3,589
annually as may be determined by the state board of education: 3,590
(A) A per pupil amount to each school district that 3,592
establishes a summer school remediation program that complies 3,593
with rules of the state board of education. 3,594
(B) An amount for each island school district and each 3,596
joint state school district for the operation of each high school 3,597
and each elementary school maintained within such district and 3,598
for capital improvements for such schools. Such amounts shall be 3,599
determined on the basis of standards adopted by the state board 3,600
of education. 3,601
(C) An amount for each school district operating classes 3,603
for children of migrant workers who are unable to be in 3,604
81
attendance in an Ohio school during the entire regular school 3,605
year. The amounts shall be determined on the basis of standards 3,606
adopted by the state board of education, except that payment 3,607
shall be made only for subjects regularly offered by the school 3,608
district providing the classes. 3,609
(D) An amount for each school district with guidance, 3,611
testing, and counseling programs approved by the state board of 3,612
education. The amount shall be determined on the basis of 3,613
standards adopted by the state board of education. 3,614
(E) An amount for the emergency purchase of school buses 3,616
as provided for in section 3317.07 of the Revised Code; 3,617
(F) An amount for each school district required to pay 3,619
tuition for a child in an institution maintained by the 3,620
department of youth services pursuant to section 3317.082 of the 3,621
Revised Code, provided the child was not included in the 3,623
calculation of the district's average daily membership for the 3,624
preceding school year.
(G) An IN FISCAL YEAR 2000 ONLY, AN amount to each school 3,626
district for supplemental salary allowances for each licensed 3,627
employee except those licensees serving as superintendents, 3,628
assistant superintendents, principals, or assistant principals, 3,629
whose term of service in any year is extended beyond the term of 3,630
service of regular classroom teachers, as described in section 3,631
3301.0725 of the Revised Code; 3,632
(H) An amount for adult basic literacy education for each 3,634
district participating in programs approved by the state board of 3,635
education. The amount shall be determined on the basis of 3,636
standards adopted by the state board of education. 3,637
(I) Notwithstanding section 3317.01 of the Revised Code, 3,639
to each city, local, and exempted village school district, an 3,640
amount pursuant to section 3301.17 of the Revised Code for 3,641
conducting driver education courses at high schools for which the 3,642
state board of education prescribes minimum standards and to 3,643
joint vocational and cooperative education school districts and 3,645
82
educational service centers, an amount pursuant to such section 3,646
for conducting driver education courses to pupils enrolled in a 3,647
high school for which the state board prescribes minimum 3,648
standards;
(J) An amount for the approved cost of transporting 3,650
developmentally handicapped pupils whom it is impossible or 3,651
impractical to transport by regular school bus in the course of 3,652
regular route transportation provided by the district or service 3,653
center. No district or service center is eligible to receive a 3,654
payment under this division for the cost of transporting any 3,656
pupil whom it transports by regular school bus and who is 3,657
included in the district's transportation ADM. The state board 3,658
of education shall establish standards and guidelines for use by 3,659
the department of education in determining the approved cost of 3,660
such transportation for each district or service center. 3,661
(K) An amount to each school district, including each 3,663
cooperative education school district, pursuant to section 3,664
3313.81 of the Revised Code to assist in providing free lunches 3,665
to needy children and an amount to assist needy school districts 3,666
in purchasing necessary equipment for food preparation. The 3,667
amounts shall be determined on the basis of rules adopted by the 3,668
state board of education. 3,669
(L) An amount to each school district, for each pupil 3,671
attending a chartered nonpublic elementary or high school within 3,672
the district. The amount shall equal the amount appropriated for 3,673
the implementation of section 3317.06 of the Revised Code divided 3,674
by the average daily membership in grades kindergarten through 3,675
twelve in nonpublic elementary and high schools within the state 3,676
as determined during the first full week in October of each 3,677
school year. 3,678
(M) An amount for each county MR/DD board, distributed on 3,681
the basis of standards adopted by the state board of education, 3,682
for the approved cost of transportation required for children 3,683
attending special education programs operated by the county MR/DD 3,684
83
board under section 3323.09 of the Revised Code; 3,685
(N) An amount for each county MR/DD board, distributed on 3,688
the basis of standards adopted by the state board of education, 3,689
for supportive home services for preschool children; 3,690
(O) An amount for each school district that establishes a 3,692
mentor teacher program that complies with rules of the state 3,693
board of education. No school district shall be required to 3,694
establish or maintain such a program in any year unless 3,695
sufficient funds are appropriated to cover the district's total 3,696
costs for the program.
(P)(1) For fiscal year 1999 only, an AN amount to each 3,699
school district or educational service center for the total 3,700
number of gifted units approved pursuant to section 3317.05 of 3,701
the Revised Code. The amount for each such unit shall be the sum 3,702
of the minimum salary for the teacher of the unit, calculated on 3,703
the basis of the teacher's training level and years of experience 3,704
pursuant to section 3317.13 of the Revised Code, plus fifteen per 3,705
cent of that minimum salary amount, plus two thousand six hundred 3,706
seventy-eight dollars. 3,707
(2) The general assembly intends to begin a review and 3,709
revision of the funding formula for gifted education services in 3,711
1999. The analysis and any resulting calculations shall be based 3,713
upon a rational methodology for calculating the cost of adequate
gifted education services. The analysis shall use data generated 3,714
by a study funded through the department of education. 3,715
(Q) An amount to each institution defined under section 3,718
3317.082 of the Revised Code providing elementary or secondary 3,720
education to children other than children receiving special 3,721
education under section 3323.091 of the Revised Code. This 3,722
amount for any institution in any fiscal year shall equal the 3,723
total of all tuition amounts required to be paid to the 3,724
institution under division (A)(1) of section 3317.082 of the 3,726
Revised Code.
The state board of education or any other board of 3,728
84
education or governing board may provide for any resident of a 3,729
district or educational service center territory any educational 3,731
service for which funds are made available to the board by the 3,732
United States under the authority of public law, whether such 3,733
funds come directly or indirectly from the United States or any 3,734
agency or department thereof or through the state or any agency, 3,735
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 3,744
(1) "DPIA percentage" means the quotient obtained by 3,747
dividing the five-year average number of children ages five to 3,748
seventeen residing in the school district and living in a family 3,749
receiving family assistance, as certified or adjusted under 3,750
section 3317.10 of the Revised Code, by the district's three-year 3,751
average formula ADM.
(2) "Family assistance" means assistance received under 3,753
the Ohio works first program or, for the purpose of determining 3,755
the five-year average number of recipients of family assistance 3,756
in fiscal years 1999 through 2002, assistance received under an 3,757
antecedent program known as TANF or ADC. 3,758
(3) "Statewide DPIA percentage" means the five-year 3,761
average of the total number of children ages five to seventeen 3,762
years residing in the state and receiving family assistance, 3,763
divided by the sum of the three-year average formula ADMs for all 3,765
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 3,768
the school district's DPIA percentage by the statewide DPIA 3,770
percentage.
(5) "Kindergarten ADM" means the number of students 3,773
reported under section 3317.03 of the Revised Code as enrolled in 3,774
kindergarten. 3,775
(6) "Kindergarten through third grade ADM" means the 3,778
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 3,781
the all-day kindergarten percentage; 3,782
85
(b) Add the number of students in grades one through 3,784
three;
(d)(c) Subtract from the sum calculated under division 3,786
(A)(6)(c)(b) of this section the number of special education 3,788
students in grades kindergarten through three. 3,789
(7) "Statewide average teacher salary" means thirty-nine 3,791
thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN 3,792
DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED 3,793
TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for 3,794
the value of fringe benefits. 3,795
(8) "All-day kindergarten" means a kindergarten class that 3,798
is in session five days per week for not less than the same 3,799
number of clock hours each day as for pupils in grades one 3,800
through six.
(9) "All-day kindergarten percentage" means the percentage 3,802
of a district's actual total number of students enrolled in 3,803
kindergarten who are enrolled in all-day kindergarten. 3,804
(10) "Buildings with the highest concentration of need" 3,806
means the school buildings in a district with percentages of 3,808
students receiving family assistance in grades kindergarten 3,809
through three at least as high as the district-wide percentage of 3,810
students receiving family assistance. If, however, the 3,811
information provided by the department of human services under 3,812
section 3317.10 of the Revised Code is insufficient to determine 3,815
the family assistance percentage in each building, "buildings 3,816
with the highest concentration of need" has the meaning given in 3,817
rules that the department of education shall adopt. The rules 3,818
shall base the definition of "buildings with the highest 3,819
concentration of need" on family income of students in grades 3,820
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 3,821
division and division (G) of this section to designate buildings 3,823
where the family assistance percentage in those grades equals or 3,824
exceeds the district-wide family assistance percentage. 3,825
86
(B) In addition to the amounts required to be paid to a 3,828
school district under section 3317.022 of the Revised Code, a 3,829
school district shall receive the greater of the amount the 3,830
district received in fiscal year 1998 pursuant to division (B) of 3,831
section 3317.023 of the Revised Code as it existed at that time 3,833
or the sum of the computations made under divisions (C) to (E) of 3,834
this section.
(C) A supplemental payment that may be utilized for 3,836
measures related to safety and security and for remediation or 3,837
similar programs, calculated as follows: 3,838
(1) If the DPIA index of the school district is greater 3,841
than or equal to thirty-five-hundredths, but less than one, an 3,842
amount obtained by multiplying the five-year average number of 3,843
pupils in a district receiving family assistance by two hundred 3,844
thirty dollars; 3,845
(2) If the DPIA index of the school district is greater 3,848
than or equal to one, an amount obtained by multiplying the DPIA 3,850
index by two hundred thirty dollars and multiplying that product 3,851
by the five-year average number of pupils in a district receiving 3,852
family assistance. 3,853
(D) A payment for all-day kindergarten if the DPIA index 3,856
of the school district is greater than or equal to one or if the 3,857
district's three-year average formula ADM exceeded seventeen 3,858
thousand five hundred, calculated by multiplying the all-day 3,859
kindergarten percentage by the kindergarten ADM and multiplying 3,860
that product by the formula amount. 3,861
(E) A class-size reduction payment based on calculating 3,864
the number of new teachers necessary to achieve a lower 3,865
student-teacher ratio, as follows: 3,866
(1) Determine or calculate a formula number of teachers 3,868
per one thousand students based on the DPIA index of the school 3,870
district as follows: 3,871
(a) If the DPIA index of the school district is less than 3,874
six-tenths, the formula number of teachers is 43.478, which is 3,875
87
the number of teachers per one thousand students at a 3,876
student-teacher ratio of twenty-three to one; 3,877
(b) If the DPIA index of the school district is greater 3,880
than or equal to six-tenths, but less than two and one-half, the 3,881
formula number of teachers is calculated as follows: 3,882
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 3,884
Where 43.478 is the number of teachers per one thousand 3,886
students at a student-teacher ratio of twenty-three to one; 1.9 3,887
is the interval from a DPIA index of six-tenths to a DPIA index 3,890
of two and one-half; and 23.188 is the difference in the number 3,891
of teachers per one thousand students at a student-teacher ratio 3,892
of fifteen to one and the number of teachers per one thousand 3,893
students at a student-teacher ratio of twenty-three to one. 3,895
(c) If the DPIA index of the school district is greater 3,898
than or equal to two and one-half, the formula number of teachers 3,899
is 66.667, which is the number of teachers per one thousand 3,900
students at a student-teacher ratio of fifteen to one. 3,901
(2) Multiply the formula number of teachers determined or 3,903
calculated in division (E)(1) of this section by the kindergarten 3,905
through third grade ADM for the district and divide that product 3,906
by one thousand;
(3) Calculate the number of new teachers as follows: 3,908
(a) Multiply the kindergarten through third grade ADM by 3,911
43.478, which is the number of teachers per one thousand students 3,912
at a student-teacher ratio of twenty-three to one, and divide 3,913
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 3,916
of this section from the product in division (E)(2) of this 3,917
section.
(4) Multiply the greater of the difference obtained under 3,919
division (E)(3) of this section or zero by the statewide average 3,921
teachers salary.
(F) This division applies only to school districts whose 3,923
DPIA index is one or greater. 3,924
88
(1) Each school district subject to this division shall 3,926
first utilize funds received under this section so that, when 3,927
combined with other funds of the district, sufficient funds exist 3,928
to provide all-day kindergarten to at least the number of 3,929
children in the district's all-day kindergarten percentage. 3,930
(2) Up to an amount equal to the district's DPIA index 3,932
multiplied by the five-year average number of pupils in a 3,933
district receiving family assistance multiplied by two hundred 3,934
thirty dollars of the money distributed under this section may be 3,936
utilized for one or both of the following: 3,937
(a) Programs designed to ensure that schools are free of 3,940
drugs and violence and have a disciplined environment conducive 3,941
to learning;
(b) Remediation for students who have failed or are in 3,944
danger of failing any of the proficiency tests administered 3,945
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 3,947
section, all other funds distributed under this section to 3,948
districts subject to this division shall be utilized for the 3,949
purpose of the third grade guarantee. The third grade guarantee 3,950
consists of increasing the amount of instructional attention 3,952
received per pupil in kindergarten through third grade, either by 3,953
reducing the ratio of students to instructional personnel or by 3,954
increasing the amount of instruction and curriculum-related 3,955
activities by extending the length of the school day or the 3,956
school year.
School districts may implement a reduction of the ratio of 3,958
students to instructional personnel through any or all of the 3,959
following methods: 3,960
(a) Reducing the number of students in a classroom taught 3,963
by a single teacher;
(b) Employing full-time educational aides or educational 3,966
paraprofessionals issued a permit or license under section 3,967
3319.088 of the Revised Code;
89
(c) Instituting a team-teaching method that will result in 3,970
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 3,972
the amount of time allocated for each class, increasing the 3,973
number of classes provided per day, offering optional 3,974
academic-related after-school programs, providing 3,975
curriculum-related extra curricular activities, or establishing 3,976
tutoring or remedial services for students who have demonstrated 3,977
an educational need. In accordance with section 3319.089 of the 3,978
Revised Code, a district extending the school day pursuant to 3,980
this division may utilize a participant of the work experience 3,981
program who has a child enrolled in a public school in that 3,982
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 3,983
work experience program participant is compensated, the school 3,984
district may use the funds distributed under this section for all 3,985
or part of the compensation.
Districts may extend the school year either through adding 3,987
regular days of instruction to the school calendar or by 3,988
providing summer programs. 3,989
(G) Each district subject to division (F) of this section 3,992
shall not expend any funds received under division (E) of this 3,993
section in any school buildings that are not buildings with the 3,994
highest concentration of need, unless there is a ratio of 3,995
instructional personnel to students of no more than fifteen to 3,996
one in each kindergarten and first grade class in all buildings 3,997
with the highest concentration of need. This division does not 3,999
require that the funds used in buildings with the highest 4,000
concentration of need be spent solely to reduce the ratio of 4,001
instructional personnel to students in kindergarten and first 4,002
grade. A school district may spend the funds in those buildings 4,003
in any manner permitted by division (F)(3) of this section, but 4,004
may not spend the money in other buildings unless the 4,005
fifteen-to-one ratio required by this division is attained. 4,006
90
(H)(1) By the first day of August of each fiscal year, 4,008
each school district wishing to receive any funds under division 4,009
(D) of this section shall submit to the department of education 4,011
an estimate of its all-day kindergarten percentage. Each 4,013
district shall update its estimate throughout the fiscal year in 4,014
the form and manner required by the department, and the 4,015
department shall adjust payments under this section to reflect 4,016
the updates.
(2) Annually by the end of December, the department of 4,018
education, utilizing data from the information system established 4,020
under section 3301.0714 of the Revised Code and after 4,021
consultation with the legislative office of education oversight, 4,022
shall determine for each school district subject to division (F) 4,023
of this section whether in the preceding fiscal year the 4,024
district's ratio of instructional personnel to students; and its 4,025
number of kindergarten students receiving all-day kindergarten 4,026
appear reasonable, given the amounts of money the district 4,027
received for that fiscal year pursuant to divisions (D) and (E) 4,028
of this section. If the department is unable to verify from the 4,029
data available that students are receiving reasonable amounts of 4,030
instructional attention and all-day kindergarten, given the funds 4,031
the district has received under this section and that class-size 4,033
reduction funds are being used in school buildings with the 4,034
highest concentration of need as required by division (G) of this 4,035
section, the department shall conduct a more intensive 4,036
investigation to ensure that funds have been expended as required 4,037
by this section. The department shall file an annual report of 4,038
its findings under this division with the chairpersons of the 4,039
committees in each house of the general assembly dealing with 4,040
finance and education.
(I) Any school district with a DPIA index less than one 4,042
and a three-year average formula ADM exceeding seventeen thousand 4,045
five hundred shall first utilize funds received under this 4,046
section so that, when combined with other funds of the district,
91
sufficient funds exist to provide all-day kindergarten to at 4,047
least the number of children in the district's all-day 4,048
kindergarten percentage. Such a district shall expend at least 4,049
seventy per cent of the remaining funds received under this 4,050
section, and any other district with a DPIA index less than one 4,052
shall expend at least seventy per cent of all funds received 4,053
under this section, for any of the following purposes: 4,054
(1) The purchase of technology for instructional purposes; 4,057
(2) All-day kindergarten; 4,059
(3) Reduction of class sizes; 4,061
(4) Summer school remediation; 4,063
(5) Dropout prevention programs; 4,065
(6) Guaranteeing that all third graders are ready to 4,068
progress to more advanced work;
(7) Summer education and work programs; 4,070
(8) Adolescent pregnancy programs; 4,072
(9) Head start or preschool programs; 4,074
(10) Reading improvement programs described by the 4,077
department of education;
(11) Programs designed to ensure that schools are free of 4,080
drugs and violence and have a disciplined environment conducive 4,081
to learning;
(12) Furnishing, free of charge, materials used in courses 4,084
of instruction, except for the necessary textbooks required to be 4,085
furnished without charge pursuant to section 3329.06 of the 4,086
Revised Code, to pupils living in families participating in Ohio 4,087
works first in accordance with section 3313.642 of the Revised 4,088
Code;
(13) School breakfasts provided pursuant to section 4,090
3313.813 of the Revised Code. 4,091
Each district shall submit to the department, in such 4,093
format and at such time as the department shall specify, a report 4,094
on the programs for which it expended funds under this division. 4,095
(J) If at any time the superintendent of public 4,097
92
instruction determines that a school district receiving funds 4,098
under division (D) of this section has enrolled less than the 4,099
all-day kindergarten percentage reported for that fiscal year, 4,101
the superintendent shall withhold from the funds otherwise due 4,102
the district under this section a proportional amount as 4,103
determined by the difference in the certified all-day 4,104
kindergarten percentage and the percentage actually enrolled in 4,105
all-day kindergarten. 4,106
The superintendent shall also withhold an appropriate 4,108
amount of funds otherwise due a district for any other misuse of 4,109
funds not in accordance with this section. 4,110
Sec. 3317.0212. Divisions (B) and (C) of this section do 4,119
not apply to a school district with a formula ADM of one hundred 4,121
fifty or less.
(A) As used in this section: 4,123
(1) "Fundamental FY 1997 state aid" or "fundamental FY 4,126
1998 state aid" for a district means the total amount of state 4,127
money received by the district for the applicable fiscal year as 4,129
reported on the department of education's form "SF-12," adjusted 4,130
as follows: 4,131
(a) Minus the amount for transportation; 4,133
(b) Minus any amounts for approved preschool handicapped 4,136
units;
(c) Minus any additional amount attributable to the 4,139
reappraisal guarantee of division (C) of section 3317.04 of the 4,140
Revised Code; 4,141
(d) Plus the amount deducted for payments to an 4,143
educational service center; 4,144
(e) Plus an estimated portion of the state money 4,146
distributed in the applicable fiscal year to other school 4,147
districts or educational service centers for approved units, 4,148
other than preschool handicapped or gifted education units, 4,149
attributable to the costs of providing services in those units to 4,151
students entitled to attend school in the district;
93
(f) Minus an estimated portion of the state money 4,153
distributed to the school district in the applicable fiscal year 4,154
for approved units, other than preschool handicapped units or 4,155
gifted education units, attributable to the costs of providing 4,156
services in those units to students entitled to attend school in 4,157
another school district; 4,158
(g) Plus any additional amount paid in the applicable 4,161
fiscal year pursuant to the vocational education recomputation 4,162
required by Section 45.12 of Amended Substitute House Bill No.
117 of the 121st general assembly or former Section 50.22 of 4,163
Amended Substitute House Bill No. 215 of the 122nd general 4,164
assembly;
(h) Plus any additional amount paid in the applicable 4,167
fiscal year pursuant to the special education recomputation 4,168
required by former division (I) of section 3317.023 of the
Revised Code; 4,169
(i) Plus any amount paid for equity aid in the applicable 4,172
fiscal year under section 3317.0213 of the Revised Code; 4,174
(j) Plus any amount received for the applicable fiscal 4,176
year pursuant to section 3317.027 of the Revised Code; 4,178
(k) Plus any amount received for the applicable fiscal 4,180
year resulting from a recomputation made under division (B) of 4,181
section 3317.022 of the Revised Code. 4,182
(2) "Enhanced FY 1998 1999 state aid" for a district means 4,185
its fundamental FY 1998 state BASIC aid FOR FISCAL YEAR 1999, 4,187
plus any amounts for which the district was eligible pursuant to 4,188
division (K) (D) of THE VERSION OF section 3317.024 3317.022 of 4,189
the Revised Code, as that division existed in EFFECT THAT fiscal 4,190
year 1998. 4,191
(3) "State basic aid" for a district for any fiscal year 4,193
after fiscal year 1998 1999 means the sum of the following: 4,195
(a) The amount computed for the district for basic formula 4,197
aid and BASE COST FUNDING, special education funding, AND 4,199
VOCATIONAL EDUCATION FUNDING under divisions (A), (B), and (C)(1) 4,201
94
AND (5), AND (E) of section 3317.022 and sections 3317.025 and 4,202
3317.027 of the Revised Code and DPIA aid under section 3317.029 4,203
of the Revised Code in the current fiscal year before any 4,205
deduction or credit required by division (B), (D), (E), (F), (G), 4,207
(H), (I), (J), or (K) of section 3317.023 or division (J) of 4,208
section 3317.029 of the Revised Code; 4,209
(b) Any amounts for which the district is eligible 4,211
pursuant to division (C) of section 3317.023, divisions (G) and 4,212
(P) of section 3317.024, and THE SUPPLEMENTAL UNIT ALLOWANCE PAID 4,213
FOR GIFTED UNITS UNDER division (B) of section 3317.162 of the 4,214
Revised Code; 4,215
(c) Any equity aid for which the district is eligible 4,218
under section 3317.0213 of the Revised Code.
(4) "STATE BASIC AID FOR FISCAL YEAR 1999" MEANS A 4,220
DISTRICT'S "STATE BASIC AID" FOR THAT YEAR, AS DEFINED IN THE 4,221
VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, PLUS AN 4,222
APPROPRIATE PROPORTION, AS DETERMINED BY THE DEPARTMENT OF 4,223
EDUCATION, OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN
FISCAL YEAR 1999 FROM THE VOCATIONAL EDUCATION SET-ASIDE AND 4,224
ATTRIBUTABLE TO THE DISTRICT'S STUDENTS. 4,225
(5) "VOCATIONAL EDUCATION SET-ASIDE" MEANS THE UP TO 4,227
$24,193,118 EARMARKED FOR ADDITIONAL SCHOOL DISTRICT VOCATIONAL 4,228
EDUCATION GRANTS UNDER APPROPRIATION ITEM 200-545, VOCATIONAL 4,229
EDUCATION ENHANCEMENTS, IN AM. SUB. H.B. 770 OF THE 122nd GENERAL 4,230
ASSEMBLY.
(B) Upon request of the department of education, the 4,232
treasurer of any school district or educational service center 4,233
shall furnish data needed to calculate the amounts specified in 4,234
divisions (A)(1)(e) and (f) of this section. The department 4,235
shall compute AND PAY the state basic aid guarantee for each 4,236
school district for the fiscal year as follows: 4,237
(1) Subtract the amount of state basic aid from the amount 4,240
of fundamental FY 1998 state aid. If a negative number, this 4,241
computation shall be deemed to be zero. 4,242
95
(2) Compute the following amounts: 4,244
(a) Formula ADM X (state basic aid/formula ADM); 4,247
(b) The greater of formula ADM or three-year average 4,250
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 4,251
(3) If the amount computed under division (B)(2)(b) of 4,254
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 4,256
greater. If the amount computed under division (B)(2)(b) of this 4,257
section is not greater than the amount computed under division 4,258
(B)(2)(a) of this section, this computation shall be deemed to be 4,259
zero.
(4) Except as provided in division (C) of this section, 4,262
the department shall determine for each district the lesser of 4,263
the amounts computed in divisions (B)(1) and (3) of this section 4,265
and, if greater than zero, pay PAY the district that ANY POSITIVE 4,267
amount CALCULATED UNDER DIVISION (B)(1) OF THIS SECTION. 4,268
(C) In fiscal year 1999 2000, the department shall 4,271
calculate for each district the sum of the district's state basic 4,272
aid for THAT fiscal year 1999, plus ANY AMOUNT CALCULATED UNDER 4,273
DIVISION (B)(1) OF THIS SECTION, PLUS the transportation portion 4,274
of state aid computed FOR THE DISTRICT FOR THAT FISCAL YEAR under 4,276
division (D) of THE VERSION OF section 3317.022 of the Revised 4,278
Code for the district for IN EFFECT THAT fiscal year 1999. If a 4,279
district's enhanced FY 1998 1999 state aid is greater than that 4,280
sum, then the department shall pay the district in THAT fiscal 4,282
year 1999 one hundred per cent of the difference or the amount 4,283
required by division (B)(4) of this section, whichever is 4,284
greater.
(D)(1) The state basic aid guarantee in any fiscal year 4,286
for a school district with a formula ADM of one hundred fifty or 4,287
less shall be the greatest of the following amounts: 4,288
(a) The district's state basic aid for the fiscal year; 4,290
(b) The district's fundamental FY 1998 state aid; 4,292
(c) The district's fundamental FY 1997 state aid. 4,294
96
(2) If in any fiscal year the state basic aid for a school 4,296
district with a formula ADM of one hundred fifty or less is less 4,297
than the guarantee amount determined for the district under 4,298
division (D)(1) of this section, the department of education 4,299
shall pay the district the amount of the difference. 4,300
Sec. 3317.0213. No money shall be distributed under this 4,309
section after fiscal year 2001 2002. 4,310
(A) As used in this section: 4,312
(1) "ADM" for any school district means: 4,314
(a) In fiscal year 1999, the FY 1998 ADM; 4,317
(b) In fiscal years 2000 and 2001 THROUGH 2002, the 4,319
formula ADM reported for the previous fiscal year. 4,320
(2) "Average taxable value" means the average of the 4,323
amounts certified for a district in the second, third, and fourth 4,324
preceding fiscal years under divisions (A)(1) and (2) of section 4,325
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means: 4,327
(a) In fiscal year 1999, the district's average taxable 4,330
value, divided by the district's FY 1998 ADM; 4,333
(b) In a fiscal year that occurs after fiscal year 1999, 4,336
the district's average taxable value, divided by the district's 4,338
formula ADM for the preceding fiscal year. 4,339
(4) "Threshold valuation" means: 4,341
(a) In fiscal year 1999, the adjusted valuation per pupil 4,344
of the school district with the two hundred twenty-ninth lowest 4,345
adjusted valuation per pupil in the state, according to data 4,347
available at the time of the computation under division (B) of 4,348
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 4,350
of the district with the one hundred sixty-third NINETY-SIXTH 4,351
lowest such valuation in the state; 4,352
(c) In fiscal year 2001, the adjusted valuation per pupil 4,354
of the district with the one hundred eighteenth SIXTY-THIRD 4,355
lowest such valuation in the state; 4,356
97
(d) IN FISCAL YEAR 2002, THE ADJUSTED VALUATION PER PUPIL 4,358
OF THE DISTRICT WITH THE ONE-HUNDRED-EIGHTEENTH LOWEST SUCH 4,359
VALUATION IN THE STATE.
(5) "Adjusted valuation per pupil" for a district means an 4,361
amount calculated in accordance with the following formula: 4,362
The district's valuation per pupil - ($30,000 X (one minus the 4,365
district's income factor))
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 4,367
fiscal year 2000, and .010 in fiscal year YEARS 2001 AND 2002. 4,369
(B) Beginning in fiscal year 1993, during August of each 4,371
fiscal year, the department of education shall distribute to each 4,372
school district meeting the requirements of section 3317.01 of 4,373
the Revised Code whose adjusted valuation per pupil is less than 4,374
the threshold valuation, an amount calculated in accordance with 4,375
the following formula: 4,376
(The threshold valuation - the district's adjusted valuation per 4,379
pupil) X millage rate X ADM 4,380
Sec. 3317.0216. (A) As used in this section: 4,389
(1) "Total taxes charged and payable for current expenses" 4,392
means the sum of the taxes charged and payable as certified under 4,393
division (A)(3) of section 3317.021 of the Revised Code, and the 4,395
tax liability for the preceding year under any school district 4,396
income tax levied by the district pursuant to Chapter 5748. of 4,397
the Revised Code to the extent the revenue from the income tax is 4,398
allocated or apportioned to current expenses. 4,399
(2) "State equalization enhancement payments" means any 4,401
payment made to a school district pursuant to section 3317.0215 4,402
of the Revised Code for the preceding fiscal year. 4,403
(3) "Charge-off amount" means the product obtained by 4,405
multiplying two and three-tenths per cent by adjusted total 4,406
taxable value. 4,407
(4) "Total receipts available for current expenses" of a 4,410
school district means the sum of total taxes charged and payable 4,411
for current expenses and the district's state equalization
98
enhancement payments. 4,412
(5) "Local share of special education and related services 4,414
additional weighted costs" has the same meaning as in division 4,417
(C)(3) of section 3317.022 of the Revised Code.
(6) "LOCAL SHARE OF VOCATIONAL EDUCATION AND ASSOCIATED 4,419
SERVICES ADDITIONAL WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT 4,420
MEANS THE AMOUNT DETERMINED AS FOLLOWS: 4,421
(1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION 4,422
3317.022 OF THE REVISED CODE) X [(TOTAL VOCATIONAL 4,423
EDUCATION WEIGHT AS DEFINED IN THAT SECTION X 4,425
THE FORMULA AMOUNT) + THE DISTRICT'S PAYMENT UNDER DIVISION 4,427
(E)(2) OF SECTION 3317.02 OF THE REVISED CODE<
(B) Upon receiving the certifications under section 4,429
3317.021 of the Revised Code, the department of education shall 4,430
determine for each city, local, and exempted village school 4,432
district whether the district's charge-off amount is greater than 4,433
the district's total receipts available for current expenses, and 4,434
if it is, shall pay the district the amount of the difference. A 4,435
payment shall not be made to any school district for which the 4,436
computation under division (A) of section 3317.022 of the Revised 4,437
Code equals zero. 4,438
(C)(1) If a district's charge-off amount is equal to or 4,440
greater than its total receipts available for current expenses, 4,441
the department shall, in addition to the payment required under 4,442
division (B) of this section, pay the district the amount of the 4,443
local share of special education expenses AND RELATED SERVICES 4,444
ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF 4,445
VOCATIONAL EDUCATION AND ASSOCIATED SERVICES ADDITIONAL WEIGHTED 4,446
COSTS.
(2) If a district's charge-off amount is less than its 4,448
total receipts available for current expenses, the department 4,449
shall pay the district any amount by which THE SUM OF its local 4,452
share of special education and related services additional 4,453
weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION AND 4,454
99
ASSOCIATED SERVICES ADDITIONAL WEIGHTED COSTS exceeds its total 4,456
receipts available for current expenses minus its charge-off
amount.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 4,466
and (C) of this section, any student enrolled in kindergarten 4,467
more than half time shall be reported as one-half student under 4,468
this section.
(A) The superintendent of each city and exempted village 4,471
school district and of each educational service center shall, for 4,472
the schools under the superintendent's supervision, certify to 4,473
the state board of education on or before the fifteenth day of 4,474
October in each year for the first full school week in October 4,475
the formula ADM, which shall consist of the average daily 4,476
membership during such week of the sum of the following: 4,477
(1) On an FTE basis, the number of students in grades 4,480
kindergarten through twelve receiving any educational services 4,481
from the district, except that the following categories of 4,482
students shall not be included in the determination: 4,483
(a) Students enrolled in adult education classes; 4,485
(b) Adjacent or other district students enrolled in the 4,487
district under an open enrollment policy pursuant to section 4,488
3313.98 of the Revised Code; 4,489
(c) Students receiving services in the district pursuant 4,491
to a compact, cooperative education agreement, or a contract, but 4,492
who are entitled to attend school in another district pursuant to 4,493
section 3313.64 or 3313.65 of the Revised Code; 4,494
(d) Students for whom tuition is payable pursuant to 4,497
sections 3317.081 and 3323.141 of the Revised Code. 4,498
(2) On an FTE basis, the number of students entitled to 4,501
attend school in the district pursuant to section 3313.64 or 4,502
3313.65 of the Revised Code, but receiving educational services 4,504
in grades kindergarten through twelve from one or more of the
following entities: 4,505
(a) A community school pursuant to Chapter 3314. of the 4,508
100
Revised Code or Section 50.52 of Amended Substitute House Bill 4,509
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 4,511
3313.979 of the Revised Code as described in division (I)(2)(a) 4,513
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 4,515
Code;
(d) An adjacent or other school district under an open 4,518
enrollment policy adopted pursuant to section 3313.98 of the 4,519
Revised Code; 4,520
(e) An educational service center or cooperative education 4,523
district;
(f) Another school district under a cooperative education 4,526
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 4,528
joint vocational school district or under a vocational education 4,529
compact;
(4) The number of handicapped children, other than 4,531
handicapped preschool children, entitled to attend school in the 4,532
district pursuant to section 3313.64 or 3313.65 of the Revised 4,534
Code who are placed with a county MR/DD board, minus the number 4,537
of such children placed with a county MR/DD board in fiscal year 4,538
1998. If this calculation produces a negative number, the number 4,540
reported under division (A)(4) of this section shall be zero. 4,542
(B) To enable the department of education to obtain the 4,545
data needed to complete the calculation of payments pursuant to 4,546
this chapter, in addition to the formula ADM, each superintendent 4,548
shall report separately the following student counts: 4,549
(1) The total average daily membership in regular day 4,551
classes included in the report under division (A)(1) or (2) of 4,552
this section for kindergarten, and each of grades one through 4,553
twelve in schools under the superintendent's supervision; 4,555
(2) The average daily membership of all handicapped 4,557
preschool children included in a unit approved for the district 4,558
101
under section 3317.05 of the Revised Code, in accordance with 4,559
rules adopted under that section; 4,560
(3) The number of children entitled to attend school in 4,562
the district pursuant to section 3313.64 or 3313.65 of the 4,563
Revised Code who are participating in a pilot project scholarship 4,565
program established under sections 3313.974 to 3313.979 of the 4,566
Revised Code as described in division (I)(2)(a) or (b) of this 4,568
section, are enrolled in a college under Chapter 3365. of the 4,569
Revised Code, are enrolled in an adjacent or other school 4,570
district under section 3313.98 of the Revised Code, are enrolled 4,571
in a community school established under Chapter 3314. of the 4,573
Revised Code or Section 50.52 of Amended Substitute House Bill 4,574
No. 215 of the 122nd general assembly, or are participating in a 4,575
program operated by a county MR/DD board or a state institution; 4,577
(4) The number of pupils enrolled in joint vocational 4,579
schools; 4,580
(5) The average daily membership of handicapped children 4,583
reported under division (A)(1) or (2) of this section receiving 4,584
category one special education services, described in division 4,585
(A) of section 3317.013 of the Revised Code; 4,586
(6) The average daily membership of handicapped children 4,588
reported under division (A)(1) or (2) of this section receiving 4,589
category two special education services, described in division 4,590
(B) of section 3317.013 of the Revised Code; 4,591
(7) The average daily membership of handicapped children 4,593
reported under division (A)(1) or (2) of this section identified 4,595
as having any of the handicaps specified in division (F)(3) of 4,596
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 4,598
division (A)(1) or (2) of this section enrolled in CATEGORY ONE 4,599
vocational education programs or classes, DESCRIBED IN DIVISION 4,601
(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the
school district or by another district, other than a joint 4,602
vocational school district, or by an educational service center; 4,603
102
(9) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 4,605
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO 4,606
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION 4,607
(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE 4,608
SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT 4,609
VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER; 4,610
(10) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 4,612
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY THREE 4,613
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, AS DESIGNATED BY THE 4,614
DEPARTMENT OF EDUCATION, THAT ARE OPERATED BY THE SCHOOL DISTRICT 4,616
OR BY ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT VOCATIONAL 4,617
SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER;
(11) The average number of children transported by the 4,620
school district on board-owned or contractor-owned and -operated 4,621
buses, reported in accordance with rules adopted by the 4,623
department of education;
(10)(12)(a) The number of children, other than handicapped 4,626
preschool children, the district placed with a county MR/DD board 4,627
in fiscal year 1998; 4,628
(b) The number of handicapped children, other than 4,630
handicapped preschool children, placed with a county MR/DD board 4,632
in the current fiscal year to receive category one special 4,633
education services, described in division (A) of section 3317.013 4,635
of the Revised Code; 4,636
(c) The number of handicapped children, other than 4,638
handicapped preschool children, placed with a county MR/DD board 4,640
in the current fiscal year to receive category two special 4,641
education services, described in division (B) of section 3317.013 4,643
of the Revised Code; 4,644
(d) The number of handicapped children, other than 4,646
handicapped preschool children, placed with a county MR/DD board 4,648
in the current fiscal year to receive category three special 4,649
education services, described in division (F)(3) of section 4,651
3317.02 of the Revised Code. 4,653
103
(C) Except as otherwise provided in this section for 4,655
kindergarten students, the average daily membership in divisions 4,656
(B)(1) to (8)(10) of this section shall be based upon the number 4,658
of full-time equivalent students. The state board of education 4,659
shall adopt rules defining full-time equivalent students and for 4,660
determining the average daily membership therefrom for the 4,662
purposes of divisions (A) and, (B), AND (D) of this section. No 4,663
child shall be counted as more than a total of one child in the 4,664
sum of the average daily memberships of a school district under 4,666
division (A) or under, divisions (B)(1) to (8)(10), OR DIVISION 4,667
(D) of this section. Based on the information reported under 4,669
this section, the department of education shall determine the
total student count, as defined in section 3301.011 of the 4,670
Revised Code, for each school district. 4,671
(D)(1) The superintendent of each joint vocational and 4,673
cooperative education school district shall certify to the 4,675
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable ON OR BEFORE THE 4,676
FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL 4,677
WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE 4,679
average daily memberships for all students in the joint 4,680
vocational or cooperative education school district, MEMBERSHIP 4,682
DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS 4,684
RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT 4,685
THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE 4,686
DETERMINATION:
(a) STUDENTS ENROLLED IN ADULT EDUCATION CLASSES; 4,688
(b) ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS 4,690
ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT 4,692
TO SECTION 3313.98 OF THE REVISED CODE; 4,693
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 4,695
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 4,696
WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED 4,698
VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE 4,699
104
TERRITORY OF THE JOINT VOCATIONAL DISTRICT;
(d) STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO 4,701
SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE. 4,702
(2) TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE 4,704
DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO 4,705
THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT 4,706
SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN 4,707
THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE 4,708
FOLLOWING CATEGORIES OF STUDENTS: 4,709
(a) STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT 4,711
VOCATIONAL DISTRICT SCHOOLS; 4,712
(b) HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL 4,714
EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013 4,716
OF THE REVISED CODE;
(c) HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL 4,718
EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013 4,720
OF THE REVISED CODE;
(d) HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE 4,722
HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE 4,724
REVISED CODE;
(e) STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION 4,726
SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE 4,727
REVISED CODE;
(f) STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION 4,729
SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE 4,730
REVISED CODE;
(g) STUDENTS RECEIVING CATEGORY THREE VOCATIONAL EDUCATION 4,732
SERVICES, AS DESIGNATED BY THE DEPARTMENT. 4,733
THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT 4,735
SHALL also indicating INDICATE the city, local, or exempted 4,737
village school district of residence for IN WHICH each JOINT 4,738
VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT 4,739
TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.
(E) In each school of each city, local, exempted village, 4,741
105
joint vocational, and cooperative education school district there 4,742
shall be maintained a record of school membership, which record 4,743
shall accurately show, for each day the school is in session, the 4,744
actual membership enrolled in regular day classes. For the 4,745
purpose of determining average daily membership, the membership 4,746
figure of any school shall not include any pupils except those 4,747
pupils described by division (A) of this section. The record of 4,749
membership for each school shall be maintained in such manner 4,750
that no pupil shall be counted as in membership prior to the 4,751
actual date of entry in the school and also in such manner that 4,752
where for any cause a pupil permanently withdraws from the school 4,753
that pupil shall not be counted as in membership from and after 4,755
the date of such withdrawal. There shall not be included in the 4,756
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 4,759
a public high school;
(2) Any pupil who is not a resident of the state; 4,761
(3) Any pupil who was enrolled in the schools of the 4,764
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 4,765
not take one or more of the tests required by that section and 4,766
was not excused pursuant to division (C)(1) of that section; 4,767
(4) Any pupil who has attained the age of twenty-two 4,769
years, except for the following: 4,770
(a) Persons suffering from tuberculosis and receiving 4,772
treatment in any approved state, county, district, or municipal 4,773
tuberculosis hospital who have not graduated from the twelfth 4,774
grade of a public high school; 4,775
(b) Veterans of the armed services whose attendance was 4,777
interrupted before completing the recognized twelve-year course 4,778
of the public schools by reason of induction or enlistment in the 4,779
armed forces and who apply for reenrollment in the public school 4,780
system of their residence not later than four years after 4,781
termination of war or their honorable discharge. 4,782
106
If, however, any veteran described by division (E)(4)(b) of 4,785
this section elects to enroll in special courses organized for 4,786
veterans for whom tuition is paid under the provisions of federal 4,787
laws, or otherwise, that veteran shall not be included in average 4,789
daily membership.
Notwithstanding division (E)(3) of this section, the 4,791
membership of any school may include a pupil who did not take a 4,792
test required by section 3301.0711 of the Revised Code if the 4,793
superintendent of public instruction grants a waiver from the 4,794
requirement to take the test to the specific pupil. The 4,795
superintendent may grant such a waiver only for good cause in 4,796
accordance with rules adopted by the state board of education. 4,797
The average daily membership figure of any local, city, or 4,799
exempted village, OR JOINT VOCATIONAL school district shall be 4,800
determined by dividing the figure representing the sum of the 4,802
number of pupils enrolled during each day the school of 4,803
attendance is actually open for instruction during the first full 4,804
school week in October by the total number of days the school was 4,805
actually open for instruction during that week. For purposes of 4,806
state funding, "enrolled" persons are only those pupils who are 4,807
attending school, those who have attended school during the 4,808
current school year and are absent for authorized reasons, and 4,809
those handicapped children currently receiving home instruction. 4,810
The average daily membership figure of any joint vocational 4,812
or cooperative education school district shall be determined in 4,813
accordance with rules adopted by the state board of education. 4,814
(F)(1) If the formula ADM for the first full school week 4,817
in February is at least three per cent greater than that 4,818
certified for the first full school week in the preceding 4,819
October, the superintendent of schools of any city or, exempted 4,820
village, OR JOINT VOCATIONAL school district or educational 4,822
service center shall certify such increase to the superintendent 4,823
of public instruction. Such certification shall be submitted no 4,824
later than the fifteenth day of February. For the balance of the 4,825
107
fiscal year, beginning with the February payments, the 4,826
superintendent of public instruction shall use the increased 4,827
formula ADM in calculating or recalculating the amounts to be 4,828
allocated in accordance with section 3317.022 OR 3317.16 of the 4,830
Revised Code. In no event shall the superintendent use an 4,831
increased membership certified to the superintendent after the 4,832
fifteenth day of February. 4,833
(2) If during the first full school week in February the 4,835
total number of units for handicapped preschool children that are 4,838
eligible for approval under division (B) of section 3317.05 of 4,839
the Revised Code exceeds the number of such units that have been 4,840
approved for the year under such division, the superintendent of 4,841
schools of any city, exempted village, or cooperative education 4,842
school district or educational service center shall make the 4,843
certifications required by this section for such week. If the 4,844
state board of education determines additional units can be 4,845
approved for the fiscal year within any limitations set forth in 4,846
the acts appropriating moneys for the funding of such units, the 4,848
board shall approve additional units for the fiscal year on the 4,849
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 4,850
computed in the manner prescribed in section 3317.161 or 3317.19 4,852
and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the 4,854
total number of special education units that are eligible for 4,855
approval under division (D)(1) of section 3317.05 of the Revised 4,856
Code for a joint vocational school district exceeds the number of 4,857
those units that have been approved for the year under that 4,858
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 4,859
state board of education determines additional units can be 4,860
approved for the fiscal year within any limitations set forth in 4,861
the acts appropriating moneys for the funding of such units, the 4,862
state board shall approve additional units for the fiscal year on 4,863
108
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 4,864
computed in the manner prescribed by section 3317.16 of the 4,865
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 4,867
special education program pursuant to section 3323.091 of the 4,868
Revised Code shall, for the programs under such superintendent's 4,870
supervision, certify to the state board of education the average 4,871
daily membership of all handicapped children in classes or 4,872
programs approved annually by the state board of education, in 4,873
the manner prescribed by the superintendent of public 4,874
instruction.
(b) The superintendent of an institution with vocational 4,877
education units approved under division (A) of section 3317.05 of 4,878
the Revised Code shall, for the units under the superintendent's 4,880
supervision, certify to the state board of education the average 4,881
daily membership in those units, in the manner prescribed by the 4,882
superintendent of public instruction. 4,883
(2) The superintendent of each county MR/DD board that 4,885
maintains special education classes or units approved by the 4,886
state board of education pursuant to section 3317.05 of the 4,888
Revised Code shall do both of the following: 4,889
(a) Certify to the state board, in the manner prescribed 4,892
by the board, the average daily membership in classes and units 4,893
approved under division (D)(1) of section 3317.05 of the Revised 4,894
Code for each school district that has placed children in the 4,895
classes or units;
(b) Certify to the state board, in the manner prescribed 4,897
by the board, the average daily membership in preschool 4,899
handicapped units approved under division (B) of section 3317.05 4,901
of the Revised Code.
(3) If during the first full school week in February the 4,903
average daily membership of the classes or units maintained by 4,904
the county MR/DD board that are eligible for approval under 4,905
109
division (D)(1) of section 3317.05 of the Revised Code is greater 4,907
than the average daily membership for the preceding October, the 4,908
superintendent of the board shall make the certifications 4,909
required by this section for such week and, if during the first 4,911
full school week in February the average daily membership of the 4,912
units maintained by the county MR/DD board that are eligible for 4,913
approval under division (B) of section 3317.05 of the Revised 4,914
Code is greater than the average daily membership for the 4,915
preceding October, the superintendent shall certify the average 4,916
daily membership for the first full school week in February for 4,917
such units to the state board of education. If the state board 4,918
determines that additional classes or units can be approved for 4,919
the fiscal year within any limitations set forth in the acts 4,920
appropriating moneys for the funding of such classes and units, 4,921
the board shall approve and fund additional units for the fiscal 4,922
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 4,923
computed in the manner prescribed in sections 3317.161 and 4,925
3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 4,928
when any city, local, or exempted village school district 4,929
provides instruction for a nonresident pupil whose attendance is 4,930
unauthorized attendance as defined in section 3327.06 of the 4,931
Revised Code, that pupil's membership shall not be included in 4,932
that district's membership figure used in the calculation of that 4,933
district's formula ADM or included in the determination of any 4,934
unit approved for the district under section 3317.05 of the 4,935
Revised Code. The reporting official shall report separately the 4,936
average daily membership of all pupils whose attendance in the 4,937
district is unauthorized attendance, and the membership of each 4,938
such pupil shall be credited to the school district in which the 4,939
pupil is entitled to attend school under division (B) of section 4,940
3313.64 or section 3313.65 of the Revised Code as determined by 4,941
the department of education. 4,942
110
(I)(1) A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 4,944
VOCATIONAL school district admitting a scholarship student of a 4,947
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 4,948
average daily membership.
(2) In any year for which funds are appropriated for pilot 4,950
project scholarship programs, a school district implementing a 4,951
state-sponsored pilot project scholarship program that year 4,952
pursuant to sections 3313.974 through 3313.979 of the Revised 4,954
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 4,956
scholarship to attend kindergarten in any alternative school, as 4,957
defined in division (A)(9) of section 3313.974 of the Revised 4,958
Code;
(b) All children who were enrolled in the district in the 4,960
preceding year who are utilizing a scholarship to attend any such 4,961
alternative school. 4,962
(J) THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION 4,964
SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC 4,965
INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF 4,966
EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL 4,967
STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING 4,968
THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE 4,969
REVISED CODE.
Sec. 3317.033. In accordance with rules which the state 4,978
board of education shall adopt, each joint vocational school 4,980
district shall do both of the following:
(A) Maintain a record of district membership of any 4,983
persons who are not eligible to be included in the average daily 4,984
membership determined under division (D) of section 3317.03 of 4,986
the Revised Code and who are participating in a program funded 4,988
with a secondary vocational education job-training unit approved 4,989
under division (A) of section 3317.05 of the Revised Code;
111
(B) Annually certify to the state board of education the 4,991
number of persons for whom a record is maintained under division 4,992
(A) of this section. These numbers shall be reported for each 4,993
unit and on a full-time equivalent basis. 4,994
Sec. 3317.05. (A) For the purpose of calculating payments 5,004
under sections 3317.16, 3317.161, and 3317.162 of the Revised 5,006
Code, the state board of education shall determine for each joint 5,007
vocational school district and institution, by the last day of 5,008
January of each year and based on information certified under 5,009
section 3317.03 of the Revised Code, the number of vocational 5,011
education units or fractions of units approved by the state board 5,012
on the basis of standards and rules adopted by the state board. 5,013
As used in this division, "institution" means an institution 5,014
operated by a department specified in section 3323.091 of the 5,015
Revised Code and that provides vocational education programs 5,016
under the supervision of the division of vocational education of 5,017
the department of education that meet the standards and rules for 5,018
these programs, including licensure of professional staff 5,019
involved in the programs, as established by the state board of 5,020
education.
(B) For the purpose of calculating payments under sections 5,023
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 5,024
state board shall determine, based on information certified under 5,026
section 3317.03 of the Revised Code, the following by the last 5,027
day of January of each year for each educational service center, 5,029
for each school district, including each cooperative education 5,030
school district, for each institution eligible for payment under 5,031
section 3323.091 of the Revised Code, and for each county MR/DD 5,032
board: the number of classes operated by the school district, 5,033
service center, institution, or county MR/DD board for 5,034
handicapped preschool children, or fraction thereof, including in 5,036
the case of a district or service center that is a funding agent, 5,037
classes taught by a licensed teacher employed by that district or 5,038
service center under section 3313.841 of the Revised Code, 5,039
112
approved annually by the state board on the basis of standards 5,040
and rules adopted by the state board. 5,041
(C) For the purpose of calculating payments under sections 5,043
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 5,046
state board shall determine, based on information certified under 5,047
section 3317.03 of the Revised Code, the following by the last 5,048
day of January of each year for each school district, including 5,050
each cooperative education school district, for each institution 5,051
eligible for payment under section 3323.091 of the Revised Code, 5,052
and for each county MR/DD board: the number of preschool 5,054
handicapped related services units for child study, occupational, 5,055
physical, or speech and hearing therapy, special education 5,056
supervisors, and special education coordinators approved annually 5,057
by the state board on the basis of standards and rules adopted by 5,058
the state board.
(D) For the purpose of calculating payments under sections 5,061
3317.16, 3317.161, and 3317.162 of the Revised Code, the state 5,063
board shall determine, based on information certified under 5,064
section 3317.03 of the Revised Code, the following by the last 5,065
day of January of each year for each joint vocational school 5,066
district, for each institution eligible for payment under section 5,067
3323.091 of the Revised Code, and for each county MR/DD board: 5,068
(1) The number of classes operated by a joint vocational 5,070
school district, AN institution, or county MR/DD board for 5,072
handicapped children other than handicapped preschool children, 5,073
or fraction thereof, approved annually by the state board on the 5,075
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 5,077
other than handicapped preschool children for child study, 5,078
occupational, physical, or speech and hearing therapy, special 5,079
education supervisors, and special education coordinators 5,080
approved annually by the state board on the basis of standards 5,082
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 5,084
113
section shall be carried to the second decimal place. The total 5,085
number of units for school districts, service centers, and 5,087
institutions approved annually by the state board under this 5,088
section shall not exceed the number of units included in the 5,089
state board's estimate of cost for these units and appropriations 5,091
made for them by the general assembly. 5,092
In the case of units described in division (D)(1) of this 5,095
section operated by county MR/DD boards and institutions eligible 5,097
for payment under section 3323.091 of the Revised Code, the state 5,098
board shall approve only units for persons who are under age 5,099
twenty-two on the first day of the academic year, but not less 5,100
than six years of age on the thirtieth day of September of that 5,101
year, except that such a unit may include one or more children 5,102
who are under six years of age on the thirtieth day of September 5,103
if such children have been admitted to the unit pursuant to rules 5,104
of the state board. In the case of handicapped preschool units 5,105
described in division (B) of this section operated by county 5,107
MR/DD boards and institutions eligible for payment under section 5,108
3323.091 of the Revised Code, the state board shall approve only 5,109
preschool units for children who are under age six but not less 5,110
than age three on the thirtieth day of September of the academic 5,111
year, except that such a unit may include one or more children 5,112
who are under age three or are age six or over on the thirtieth 5,113
day of September if such children have been admitted to the unit 5,114
pursuant to rules of the state board of education. The number of 5,115
units for county MR/DD boards and institutions eligible for 5,117
payment under section 3323.091 of the Revised Code approved by 5,118
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 5,119
the general assembly. 5,120
No unit shall be approved under divisions (B) to (D) of 5,123
this section unless a plan has been submitted and approved under 5,124
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the THE department shall 5,126
114
approve units or fractions thereof for gifted children on the 5,127
basis of standards and rules adopted by the board. 5,128
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 5,137
and 3317.11 of the Revised Code, a unit funded pursuant to 5,138
division (P)(1) of section 3317.024 or division (A)(2) of section 5,140
3317.161 of the Revised Code shall not be approved for state 5,141
funding in one school district, including any joint vocational or 5,142
cooperative education school district or any educational service 5,143
center, to the extent that such unit provides programs in or 5,144
services to another district which receives payment pursuant to 5,145
section 3317.04 of the Revised Code. 5,146
(2) Any city, local, exempted village, or cooperative 5,149
education school district or any educational service center may 5,150
combine partial unit eligibility for handicapped preschool 5,151
programs pursuant to section 3317.05 of the Revised Code, and 5,152
such combined partial units may be approved for state funding in 5,154
one school district or service center. 5,155
(B) After units have been initially approved for any 5,157
fiscal year under section 3317.05 of the Revised Code, no unit 5,159
shall be subsequently transferred from a school district or 5,161
educational service center to another city, exempted village, 5,162
local, joint vocational, or cooperative education school district 5,163
or educational service center or to an institution or county 5,166
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 5,167
payment pursuant to section 3317.04 of the Revised Code. 5,168
Sec. 3317.06. Moneys paid to school districts under 5,177
division (L) of section 3317.024 of the Revised Code shall be 5,179
used for the following independent and fully severable purposes:
(A) To purchase such secular textbooks OR ELECTRONIC 5,181
TEXTBOOKS as have been approved by the superintendent of public 5,183
instruction for use in public schools in the state and to loan 5,184
such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending 5,186
nonpublic schools within the district or to their parents and to 5,187
115
hire clerical personnel to administer such lending program. Such 5,188
loans shall be based upon individual requests submitted by such 5,189
nonpublic school pupils or parents. Such requests shall be 5,190
submitted to the school district in which the nonpublic school is 5,191
located. Such individual requests for the loan of textbooks OR 5,192
ELECTRONIC TEXTBOOKS shall, for administrative convenience, be 5,193
submitted by the nonpublic school pupil or the pupil's parent to 5,195
the nonpublic school, which shall prepare and submit collective 5,196
summaries of the individual requests to the school district. As 5,197
used in this section, "textbook: 5,198
(1) "TEXTBOOK" means any book or book substitute which 5,201
THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text 5,202
substitute, OR TEXT SUPPLEMENT in a particular class or program 5,204
in the school the pupil regularly attends. 5,205
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, 5,207
INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 5,208
COURSEWARE, LOCAL AND REMOTE COMPUTER-ASSISTED INSTRUCTION, 5,209
ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING 5,210
INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE 5,211
LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to 5,213
pupils attending nonpublic schools within the district. Such 5,214
service shall be provided in the nonpublic school attended by the 5,215
pupil receiving the service. 5,216
(C) To provide physician, nursing, dental, and optometric 5,218
services to pupils attending nonpublic schools within the 5,219
district. Such services shall be provided in the school attended 5,220
by the nonpublic school pupil receiving the service. 5,221
(D) To provide diagnostic psychological services to pupils 5,223
attending nonpublic schools within the district. Such services 5,224
shall be provided in the school attended by the pupil receiving 5,225
the service. 5,226
(E) To provide therapeutic psychological and speech and 5,228
hearing services to pupils attending nonpublic schools within the 5,229
116
district. Such services shall be provided in the public school, 5,230
in nonpublic schools, in public centers, or in mobile units 5,231
located on or off of the nonpublic premises. If such services 5,232
are provided in the public school or in public centers, 5,233
transportation to and from such facilities shall be provided by 5,234
the school district in which the nonpublic school is located. 5,235
(F) To provide guidance and counseling services to pupils 5,237
attending nonpublic schools within the district. Such services 5,238
shall be provided in the public school, in nonpublic schools, in 5,239
public centers, or in mobile units located on or off of the 5,241
nonpublic premises. If such services are provided in the public 5,242
school or in public centers, transportation to and from such 5,243
facilities shall be provided by the school district in which the 5,244
nonpublic school is located.
(G) To provide remedial services to pupils attending 5,246
nonpublic schools within the district. Such services shall be 5,247
provided in the public school, in nonpublic schools, in public 5,248
centers, or in mobile units located on or off of the nonpublic 5,249
premises. If such services are provided in the public school or 5,251
in public centers, transportation to and from such facilities 5,252
shall be provided by the school district in which the nonpublic 5,253
school is located.
(H) To supply for use by pupils attending nonpublic 5,255
schools within the district such standardized tests and scoring 5,256
services as are in use in the public schools of the state; 5,257
(I) To provide programs for children who attend nonpublic 5,259
schools within the district and are handicapped children as 5,260
defined in division (A) of section 3323.01 of the Revised Code or 5,261
gifted children. Such programs shall be provided in the public 5,262
school, in nonpublic schools, in public centers, or in mobile 5,263
units located on or off of the nonpublic premises. If such 5,266
programs are provided in the public school or in public centers, 5,267
transportation to and from such facilities shall be provided by 5,268
the school district in which the nonpublic school is located. 5,269
117
(J) To hire clerical personnel to assist in the 5,271
administration of programs pursuant to divisions (B), (C), (D), 5,272
(E), (F), (G), and (I) of this section and to hire supervisory 5,273
personnel to supervise the providing of services and textbooks 5,274
pursuant to this section.; 5,275
(K) To purchase any secular, neutral, and nonideological 5,277
computer software (INCLUDING SITE-LICENSING), prerecorded video 5,279
laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and 5,280
video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED 5,282
TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science equipment and materials, INSTRUCTIONAL MATERIALS, AND 5,285
SCHOOL LIBRARY MATERIALS that are in general use in the public 5,286
schools of the state and loan such computer software, prerecorded 5,287
video laserdiscs, compact discs, and video cassette cartridges, 5,289
equipment, and materials ITEMS to pupils attending nonpublic 5,291
schools within the district or to their parents, and to hire 5,292
clerical personnel to administer the lending program. Only 5,293
computer software, prerecorded video laserdiscs, compact discs, 5,295
and video cassette cartridges, equipment, and materials SUCH 5,297
ITEMS that are incapable of diversion to religious use and that 5,299
are susceptible of loan to individual pupils and are furnished 5,300
for the use of individual pupils shall be purchased and loaned 5,301
under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, 5,302
NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO 5,303
THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL 5,304
RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET 5,305
COMMISSION.
(L) To purchase instructional equipment, including 5,307
computer hardware, for use by pupils attending nonpublic schools 5,309
within the district, if such usage only occurs when these pupils 5,311
are being provided the secular remedial, diagnostic, or 5,312
therapeutic services pursuant to division (B), (D), (E), (F), 5,314
(G), or (I) of this section.;
118
(M) To purchase mobile units to be used for the provision 5,317
of services pursuant to divisions (E), (F), (G), and (I) of this 5,320
section and to pay for necessary repairs and operating costs 5,321
associated with these units. 5,322
Clerical and supervisory personnel hired pursuant to 5,324
division (J) of this section shall perform their services in the 5,325
public schools, in nonpublic schools, public centers, or mobile 5,326
units where the services are provided to the nonpublic school 5,328
pupil, except that such personnel may accompany pupils to and 5,329
from the service sites when necessary to ensure the safety of the 5,330
children receiving the services. 5,331
Health services provided pursuant to divisions (B), (C), 5,333
(D), and (E) of this section may be provided under contract with 5,334
the department of health, city or general health districts, or 5,335
private agencies whose personnel are properly licensed by an 5,336
appropriate state board or agency. 5,337
Transportation of pupils provided pursuant to divisions 5,339
(E), (F), (G), and (I) of this section shall be provided by the 5,340
school district from its general funds and not from moneys paid 5,341
to it under division (L) of section 3317.024 of the Revised Code 5,343
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 5,344
If such an application is presented to the school district, it 5,345
may pay for the transportation from moneys paid to it under 5,346
division (L) of section 3317.024 of the Revised Code. 5,347
No school district shall provide health or remedial 5,349
services to nonpublic school pupils as authorized by this section 5,350
unless such services are available to pupils attending the public 5,351
schools within the district. 5,352
Materials, equipment, computer software, textbooks, 5,354
ELECTRONIC TEXTBOOKS, and health and remedial services provided 5,356
for the benefit of nonpublic school pupils pursuant to this 5,357
section and the admission of pupils to such nonpublic schools 5,358
shall be provided without distinction as to race, creed, color, 5,359
119
or national origin of such pupils or of their teachers. 5,360
No school district shall provide services for use in 5,362
religious courses, devotional exercises, religious training, or 5,363
any other religious activity. 5,364
As used in this section, "parent" includes a person 5,366
standing in loco parentis to a child. 5,367
Notwithstanding section 3317.01 of the Revised Code, 5,369
payments shall be made under this section to any city, local, or 5,370
exempted village school district within which is located one or 5,371
more nonpublic elementary or high schools. 5,372
The allocation of payments for materials, equipment, 5,374
textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial 5,375
services to city, local, and exempted village school districts 5,377
shall be on the basis of the state board of education's estimated 5,378
annual average daily membership in nonpublic elementary and high 5,379
schools located in the district. 5,380
Payments made to city, local, and exempted village school 5,382
districts under this section shall be equal to specific 5,383
appropriations made for the purpose. All interest earned by a 5,384
school district on such payments shall be used by the district 5,385
for the same purposes and in the same manner as the payments may 5,386
be used. 5,387
The department of education shall adopt guidelines and 5,389
procedures under which such programs and services shall be 5,390
provided, under which districts shall be reimbursed for 5,391
administrative costs incurred in providing such programs and 5,392
services, and under which any unexpended balance of the amounts 5,393
appropriated by the general assembly to implement this section 5,394
may be transferred to the auxiliary services personnel 5,395
unemployment compensation fund established pursuant to section 5,396
4141.47 of the Revised Code. The department shall also adopt 5,397
guidelines and procedures limiting the purchase and loan of 5,398
computer software, equipment, and materials under THE ITEMS 5,399
DESCRIBED IN division (K) of this section to items that are in 5,401
120
general use in the public schools of the state, that are 5,402
incapable of diversion to religious use, and that are susceptible 5,403
to individual use rather than classroom use. Within thirty days 5,404
after the end of each biennium, each board of education shall 5,405
remit to the department all moneys paid to it under division (L) 5,406
of section 3317.024 of the Revised Code and any interest earned 5,407
on those moneys that are not required to pay expenses incurred 5,408
under this section during the biennium for which the money was 5,409
appropriated and during which the interest was earned. If a 5,410
board of education subsequently determines that the remittal of 5,411
moneys leaves the board with insufficient money to pay all valid 5,412
expenses incurred under this section during the biennium for 5,413
which the remitted money was appropriated, the board may apply to 5,414
the department of education for a refund of money, not to exceed 5,415
the amount of the insufficiency. If the department determines 5,416
the expenses were lawfully incurred and would have been lawful 5,417
expenditures of the refunded money, it shall certify its 5,418
determination and the amount of the refund to be made to the 5,419
administrator of the bureau of employment services who shall make 5,420
a refund as provided in section 4141.47 of the Revised Code. 5,421
Sec. 3317.16. (A) AS USED IN THIS SECTION: 5,423
(1) "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE 5,425
CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS: 5,426
(a) CALCULATE THE STATE BASE COST FUNDING AMOUNT FOR THE 5,428
DISTRICT UNDER DIVISION (B) OF THIS SECTION. IF THE DISTRICT 5,430
WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT 5,431
DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO. 5,432
(b) IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER 5,434
THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO 5,436
THE FOLLOWING:
COST-OF-DOING-BUSINESS FACTOR X 5,438
THE FORMULA AMOUNT X 5,439
THE GREATER OF FORMULA ADM OR 5,440
THREE-YEAR AVERAGE FORMULA ADM 5,441
121
THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE 5,443
PERCENTAGE.
(2) THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT 5,445
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 5,446
AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE 5,447
REVISED CODE. 5,448
(3) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT 5,450
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 5,451
AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE 5,453
REVISED CODE.
(4) THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT 5,455
VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE 5,456
ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL 5,457
DISTRICTS FOR THE APPLICABLE FISCAL YEAR. 5,458
(B) THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND 5,460
DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL 5,461
SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE 5,462
FOLLOWING FORMULA:
(COST-OF-DOING-BUSINESS FACTOR X 5,464
FORMULA AMOUNT X THE GREATER OF FORMULA 5,465
ADM OR THREE-YEAR AVERAGE FORMULA ADM) - 5,466
(.0005 X ADJUSTED TOTAL TAXABLE VALUE) 5,467
IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A 5,469
NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO. 5,470
(C)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 5,472
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 5,473
JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING 5,474
FORMULA:
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 5,476
TOTAL VOCATIONAL EDUCATION WEIGHT 5,477
(2) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH 5,479
JOINT VOCATIONAL SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL 5,480
EDUCATION ASSOCIATED SERVICES COSTS IN ACCORDANCE WITH THE 5,481
FOLLOWING FORMULA: 5,482
122
STATE SHARE PERCENTAGE X .05 X 5,484
THE FORMULA AMOUNT X THE SUM OF 5,485
CATEGORIES ONE, TWO, AND THREE VOCATIONAL 5,486
EDUCATION ADM 5,487
IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT 5,489
RECEIVING FUNDS UNDER DIVISION (C)(2) OF THIS SECTION SHALL SPEND 5,490
THOSE FUNDS ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES 5,491
AS APPROVED FOR VOCATIONAL EDUCATION ASSOCIATED SERVICES 5,492
EXPENSES, WHICH MAY INCLUDE SUCH PURPOSES AS APPRENTICESHIP 5,493
COORDINATORS, COORDINATORS FOR OTHER VOCATIONAL EDUCATION 5,494
SERVICES, VOCATIONAL EVALUATION, AND OTHER PURPOSES DESIGNATED BY 5,495
THE DEPARTMENT. THE DEPARTMENT MAY DENY PAYMENT UNDER DIVISION 5,496
(C)(2) OF THIS SECTION TO ANY DISTRICT THAT THE DEPARTMENT 5,497
DETERMINES IS NOT OPERATING THOSE SERVICES OR IS USING FUNDS PAID 5,498
UNDER DIVISION (C)(2) OF THIS SECTION FOR OTHER PURPOSES. 5,499
(D) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 5,501
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 5,502
FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH 5,503
THE FOLLOWING FORMULA: 5,504
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 5,506
TOTAL SPECIAL EDUCATION WEIGHT 5,507
(E) EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT 5,509
VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND 5,510
VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS. 5,512
(F)(1) IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL 5,514
DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL 5,515
SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3) OF 5,517
SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE 5,518
FOLLOWING:
(a) THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED 5,520
SERVICES IN THE PRECEDING FISCAL YEAR; 5,521
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 5,525
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 5,526
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 5,528
123
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D) OF 5,529
THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED 5,530
SERVICES ADDITIONAL WEIGHTED COSTS . 5,531
(2) A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF 5,533
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 5,534
EQUALS:
(1 - STATE SHARE PERCENTAGE) X 5,536
TOTAL SPECIAL EDUCATION WEIGHT X 5,537
THE FORMULA AMOUNT 5,538
(G) IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE 5,540
TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER DIVISIONS (B) TO (D) 5,541
OF THIS SECTION IS LESS THAN THE AMOUNT THAT DISTRICT RECEIVED IN 5,543
FISCAL YEAR 1999 UNDER THE VERSION OF THIS SECTION IN EFFECT THAT 5,544
YEAR, PLUS THE AMOUNT THAT DISTRICT RECEIVED UNDER THE VERSION OF
SECTION 3317.162 OF THE REVISED CODE IN EFFECT THAT YEAR AND 5,545
MINUS THE AMOUNTS RECEIVED THAT YEAR FOR DRIVER EDUCATION AND 5,546
ADULT EDUCATION, THE DEPARTMENT SHALL PAY THE DISTRICT AN 5,547
ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO
AMOUNTS. 5,548
Sec. 3317.162. (A) As used in this section: 5,557
(1) "State share percentage" has the same meaning as in 5,559
section 3317.022 of the Revised Code. 5,560
(2) "Dollar amount" means the amount shown in the 5,562
following table for the corresponding type of unit and the 5,563
appropriate fiscal year: 5,564
DOLLAR AMOUNT 5,566
TYPE OF UNIT FY 1999 5,569
FY 2000 FY 2001 5,570
Division (B) of section 3317.05 5,571
of the Revised Code $8,334 $8,334 5,572
Division (C) of that section $3,234 $3,234 5,573
Division (F) of that section $3,550 5,574
$4,550 $5,550 5,575
(3) "Average unit amount" means the amount shown in the 5,578
124
following table for the corresponding type of unit and the 5,579
appropriate fiscal year: 5,580
AVERAGE UNIT AMOUNT 5,582
TYPE OF UNIT FY 1999 5,585
FY 2000 FY 2001 5,586
Division (B) of section 3317.05 5,587
of the Revised Code $7,799 $7,799 5,588
Division (C) of that section $2,966 $2,966 5,589
Division (F) of that section $3,251 5,590
$4,251 $5,251 5,591
(B) In the case of each unit described in division (B), 5,594
(C), or (F) of section 3317.05 of the Revised Code and allocated 5,596
to a city, local, or exempted village school district, the 5,597
department of education, in addition to the amounts specified in 5,599
division (P)(1) of section 3317.024 and sections 3317.16, 5,600
3317.161, and 3317.19 of the Revised Code, shall pay a 5,602
supplemental unit allowance equal to the sum of the following 5,603
amounts:
(1) An amount equal to 50% of the average unit amount for 5,605
the unit;
(2) An amount equal to the percentage of the dollar amount 5,607
for the unit that equals the district's state share percentage. 5,608
If, prior to the fifteenth day of May of a fiscal year, a 5,610
school district's aid computed under section 3317.022 of the 5,611
Revised Code is recomputed pursuant to section 3317.027 or 5,612
3317.028 of the Revised Code, the department shall also recompute 5,613
the district's entitlement to payment under this section 5,614
utilizing a new state share percentage. Such new state share 5,615
percentage shall be determined using the district's recomputed 5,616
basic aid amount pursuant to section 3317.027 or 3317.028 of the 5,617
Revised Code. During the last six months of the fiscal year, the 5,618
department shall pay the district a sum equal to one-half of the 5,619
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 5,620
125
(C)(1) In the case of each unit allocated to a joint 5,622
vocational school district or AN institution pursuant to division 5,623
(A) of section 3317.05 of the Revised Code, the department, in 5,625
addition to the amount specified in section 3317.16 or 3317.161 5,626
of the Revised Code, shall pay a supplemental unit allowance of 5,627
$7,227 in fiscal year 1999. 5,628
(2) In the case of each unit described in division (B) or 5,630
(D)(1) of section 3317.05 of the Revised Code that is allocated 5,632
to any entity other than a city, exempted village, or local 5,633
school district, the department, in addition to the amount 5,634
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $7,799 in fiscal year 1999. 5,635
(3) In the case of each unit described in division (C) or 5,638
(D)(2) of section 3317.05 of the Revised Code and allocated to 5,639
any entity other than a city, exempted village, or local school 5,640
district, the department, in addition to the amounts specified in 5,641
section 3317.161 of the Revised Code, shall pay a supplemental 5,642
unit allowance of $2,966 in fiscal year 1999.
(4) In the case of each unit described in division (F) of 5,645
section 3317.05 of the Revised Code and allocated to any entity 5,646
other than a city, exempted village, or local school district AN 5,647
EDUCATIONAL SERVICE CENTER, the department, in addition to the 5,648
amounts specified in DIVISION (P) OF section 3317.161 3317.024 of 5,650
the Revised Code, shall pay a supplemental unit allowance of 5,651
$3,251 4,251 in fiscal year 1999 2000 AND $5,251 IN FISCAL YEAR 5,652
2001.
Sec. 3317.51. (A) The distance learning fund is hereby 5,661
created in the state treasury. The fund shall consist of moneys 5,662
paid to the information, learning, and technology authority OHIO 5,663
SCHOOLNET COMMISSION by any telephone company as a part of a 5,665
settlement agreement between such company and the public 5,666
utilities commission in fiscal year 1995 in part to establish 5,667
distance learning throughout the state. The authority shall 5,668
administer the fund and expend moneys from it to finance 5,669
126
technology grants to eligible schools chartered by the state 5,670
board of education to establish distance learning in those 5,671
schools. Chartered schools are eligible for funds if they are 5,672
within the service area of the telephone company. Investment 5,673
earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" 5,675
means the creation of a learning environment involving a school 5,676
setting and at least one other location outside of the school 5,677
which allows for information available at one site to be accessed 5,678
at the other through the use of such educational applications as 5,679
one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations. 5,680
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 5,689
the Revised Code: 5,690
(A) "Ohio school facilities commission" means the 5,693
commission created pursuant to section 3318.30 of the Revised 5,694
Code.
(B) "Classroom facilities" means rooms in which pupils 5,696
regularly assemble in public school buildings to receive 5,697
instruction and education and such facilities and building 5,698
improvements for the operation and use of such rooms as may be 5,699
needed in order to provide a complete educational program, and 5,700
may include space within which a child day-care facility or a 5,701
community resource center is housed. 5,702
(C) "Project" means a project to construct or acquire 5,704
classroom facilities, or to reconstruct or make additions to 5,706
existing classroom facilities, to be used for housing the 5,707
applicable school district and its functions.
(D) "School district" means a local, exempted village, or 5,709
city school district as such districts are defined in Chapter 5,710
3311. of the Revised Code, acting as an agency of state 5,711
government, performing essential governmental functions of state 5,712
government pursuant to sections 3318.01 and 3318.20 of the 5,713
Revised Code.
127
(E) "School district board" means the board of education 5,715
of a school district. 5,716
(F) "Net bonded indebtedness" means the difference between 5,718
the sum of the par value of all outstanding and unpaid bonds and 5,719
notes which a school district board is obligated to pay, any 5,721
amounts the school district is obligated to pay under 5,722
lease-purchase agreements entered into under section 3313.375 of 5,723
the Revised Code, and the par value of bonds authorized by the 5,724
electors but not yet issued, the proceeds of which can lawfully 5,725
be used for the project, and the amount held in the sinking fund 5,726
and other indebtedness retirement funds for their redemption. 5,727
Notes issued for school buses in accordance with section 3327.08 5,728
of the Revised Code, notes issued in anticipation of the 5,729
collection of current revenues, and bonds issued to pay final 5,730
judgments shall not be considered in calculating the net bonded 5,731
indebtedness.
"Net bonded indebtedness" does not include indebtedness 5,733
arising from the acquisition of land to provide a site for 5,734
classroom facilities constructed, acquired, or added to pursuant 5,735
to sections 3318.01 to 3318.20 of the Revised Code. 5,736
(G) "Board of elections" means the board of elections of 5,738
the county containing the most populous portion of the school 5,739
district. 5,740
(H) "County auditor" means the auditor of the county in 5,742
which the greatest value of taxable property of such school 5,743
district is located. 5,744
(I) "Tax duplicates" means the general tax lists and 5,746
duplicates prescribed by sections 319.28 and 319.29 of the 5,747
Revised Code. 5,748
(J) "Required level of indebtedness" means: 5,750
(1) In the case of districts in the first percentile, five 5,753
per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE 5,754
YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER 5,755
SECTION 3318.04 OF THE REVISED CODE.
128
(2) In the case of districts ranked in a subsequent 5,757
percentile, five per cent of THE DISTRICT'S valuation FOR THE 5,758
YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED 5,759
THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two 5,760
one-hundredths of one per cent multiplied by (the percentile in 5,761
which the district ranks minus one)<.
(K) "Required percentage of the basic project costs" means 5,763
one per cent of the basic project costs times the percentile in 5,765
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 5,767
accordance with rules adopted under section 111.15 of the Revised 5,768
Code by the Ohio school facilities commission. The basic project 5,771
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 5,772
housed in the classroom facilities, the variation across the 5,773
state in construction and related costs, the cost of the 5,774
installation of site utilities and site preparation, the cost of 5,775
insuring the project until it is completed, and the professional 5,777
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 5,778
(M) A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 5,781
COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE 5,782
REVISED CODE. 5,783
(N) "Child day-care facility" means space within a 5,786
classroom facility in which the needs of infants, toddlers, 5,787
preschool children, and school children are provided for by 5,788
persons other than the parent or guardian of such children for 5,789
any part of the day, including persons not employed by the school
district operating such classroom facility. 5,790
(N)(O) "Community resource center" means space within a 5,793
classroom facility in which comprehensive services that support 5,794
the needs of families and children are provided by 5,795
community-based social service providers. 5,796
(O)(P) "Valuation" means the total value of all property 5,798
129
in the district as listed and assessed for taxation on the tax 5,800
duplicates.
(P)(Q) "Percentile" means the percentile in which the 5,802
district is ranked pursuant to division (C)(D) of section 5,804
3318.011 of the Revised Code. 5,805
(Q)(R) "Installation of site utilities" means the 5,807
installation of a site domestic water system, site fire 5,809
protection system, site gas distribution system, site sanitary 5,810
system, site storm drainage system, and site telephone and data 5,811
system.
(R)(S) "Site preparation" means the earthwork necessary 5,814
for preparation of the building foundation system, the paved 5,815
pedestrian and vehicular circulation system, playgrounds on the 5,816
project site, and lawn and planting on the project site. 5,817
Sec. 3318.011. For purposes of providing assistance under 5,826
sections 3318.01 to 3318.20 of the Revised Code, the department 5,827
of education shall annually do all of the following: 5,828
(A) Calculate the adjusted valuation per pupil of each 5,830
city, local, and exempted village school district according to 5,831
the FOLLOWING formula set forth in section 3317.0213 of the 5,832
Revised Code;: 5,833
THE DISTRICT'S VALUATION PER PUPIL - 5,834
[$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<. 5,836
FOR PURPOSES OF THIS CALCULATION: 5,838
(1) "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE 5,840
TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION 5,841
3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR. 5,843
(2) "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE 5,845
AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH 5,846
PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION 5,847
3317.021 OF THE REVISED CODE. 5,848
(3) "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION 5,850
3317.02 OF THE REVISED CODE. 5,851
(B) CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION 5,853
130
PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 5,854
DISTRICT FOR THE PRECEDING THREE FISCAL YEARS; 5,855
(C) Rank all such districts in order of adjusted valuation 5,857
per pupil from the district with the lowest THREE-YEAR AVERAGE 5,858
adjusted valuation per pupil to the district with the highest 5,860
THREE-YEAR AVERAGE adjusted valuation per pupil; 5,862
(C)(D) Divide such ranking into percentiles with the first 5,865
percentile containing the one per cent of school districts having 5,866
the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per 5,867
pupil and the one-hundredth percentile containing the one per 5,868
cent of school districts having the highest THREE-YEAR AVERAGE 5,869
adjusted valuation VALUATIONS per pupil; 5,870
(D)(E) Determine the school districts that have an 5,872
THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that 5,874
is ARE greater than the median THREE-YEAR AVERAGE adjusted 5,875
valuation per pupil for all school districts in the state; 5,876
(E)(F) Certify the information described in divisions (A) 5,878
to (D)(E) of this section to the Ohio school facilities 5,879
commission. 5,880
Sec. 3318.021. NOTWITHSTANDING SECTION 3318.02 OF THE 5,882
REVISED CODE, THE OHIO SCHOOL FACILITIES COMMISSION ANNUALLY MAY 5,883
CONDUCT ON-SITE VISITS TO NO MORE THAN FIVE SCHOOL DISTRICTS IN 5,884
THE TWENTIETH TO FORTIETH PERCENTILES AS DETERMINED UNDER SECTION 5,885
3318.011 OF THE REVISED CODE, IF A DISTRICT BOARD ADOPTS A 5,887
RESOLUTION CERTIFYING TO THE COMMISSION THE BOARD'S INTENT TO 5,888
PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL 5,889
PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE. 5,891
Sec. 3318.032. THE PORTION OF THE BASIC PROJECT COST 5,893
SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF: 5,894
(A) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 5,896
DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME 5,897
THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 5,899
OF THE REVISED CODE;
(B) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 5,901
131
BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD 5,902
APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE
REQUIRED LEVEL OF INDEBTEDNESS. 5,903
THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS 5,905
SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING 5,906
BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT 5,907
THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE 5,908
REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE 5,909
PROPOSITIONS DESCRIBED IN THAT SECTION. IF THE AMOUNT RESERVED 5,910
AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO 5,911
NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL 5,912
DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE 5,913
PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN 5,914
ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING 5,915
BOARD'S SUBSEQUENT APPROVAL.
Sec. 3318.05. The conditional approval of the Ohio school 5,924
facilities commission for a project shall lapse and the amount 5,926
reserved and encumbered for such project shall be released unless 5,927
the school district board accepts such conditional approval 5,928
within one hundred twenty days following the date of 5,929
certification of the conditional approval to the school district 5,930
board and the electors of the school district vote favorably on 5,932
both of the propositions described in divisions (A) and (B) of 5,933
this section within one year of the date of such certification. 5,934
The propositions described in divisions (A) and (B) of this 5,935
section shall be combined in a single proposal. If the district 5,937
board or the district's electors fail to meet such requirements
and the amount reserved and encumbered for the district's project 5,938
is released, the district shall be given first priority for 5,939
project funding as such funds become available. 5,940
(A) On the question of issuing bonds of the school 5,942
district board, for the school district's portion of the basic 5,943
project cost, in either whatever amount may be necessary to raise 5,944
the net bonded indebtedness of the school district to within five 5,946
132
thousand dollars of the required level of indebtedness calculated 5,947
for the year preceding the year in which the resolution declaring 5,948
the necessity of the election is adopted, or an amount equal to 5,951
the required percentage SCHOOL DISTRICT'S PORTION of the basic 5,953
project costs, whichever is greater COST; and
(B) On the question of levying a tax the proceeds of which 5,956
shall be used to pay the cost of maintaining the classroom 5,957
facilities included in the project, except that in any year the
district's THREE-YEAR AVERAGE adjusted valuation per pupil is 5,958
greater than the state-wide median THREE-YEAR AVERAGE adjusted 5,961
valuation per pupil, one-half of the proceeds of the tax shall be 5,962
used for such maintenance and one-half of such proceeds shall be 5,963
used to pay the cost of the purchase of the classroom facilities 5,964
from PAID TO the state under the provisions of sections 3318.01 5,966
to 3318.20 of the Revised Code. Such tax shall be at the rate of 5,967
one-half mill for each dollar of valuation until the purchase 5,968
price THE STATE is paid AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 5,969
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 5,972
twenty-three years. Proceeds of the tax to be used for
maintenance of the classroom facilities shall be deposited into a 5,973
separate fund established by the school district for such 5,974
purpose.
Sec. 3318.06. After receipt of the conditional approval of 5,983
the Ohio school facilities commission, the school district board 5,985
by a majority of all of its members shall, if it desires to 5,986
proceed with the project, declare all of the following by 5,987
resolution:
(A) That with a net bonded indebtedness of within five 5,989
thousand dollars of the required level of indebtedness or by 5,990
issuing bonds in an amount equal to the required percentage 5,991
SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the 5,993
district is unable to provide adequate classroom facilities 5,995
without assistance from the state;
(B) That to qualify for such state assistance it is 5,997
133
necessary to levy a tax outside the ten-mill limitation the 5,998
proceeds of which shall be used to pay the cost of maintaining 6,000
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 6,001
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 6,003
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 6,005
the tax shall be used for such maintenance and one-half of such 6,006
proceeds shall be used to pay the cost of the purchase of the 6,008
classroom facilities from PAID TO the state; 6,009
(C) That the question of such tax levy shall be submitted 6,011
to the electors of the school district at the next general or 6,012
primary election, if there be a general or primary election not 6,013
less than seventy-five and not more than ninety-five days after 6,014
the day of the adoption of such resolution or, if not, at a 6,015
special election to be held at a time specified in the resolution 6,016
which shall be not less than seventy-five days after the day of 6,017
the adoption of the resolution and which shall be in accordance 6,018
with the requirements of section 3501.01 of the Revised Code. 6,019
Such resolution shall also state that the question of 6,022
issuing bonds of the board shall be combined in a single proposal 6,023
with the question of such tax levy. More than one election under 6,024
this section may be held in any one calendar year. Such 6,025
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 6,027
at the rate of one-half mill for each one dollar of valuation, 6,028
and that such tax shall be levied until the purchase price is 6,030
paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 6,032
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 6,034
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 6,036
cost of maintaining the classroom facilities included in the 6,037
project, except in any year the district's THREE-YEAR AVERAGE 6,038
adjusted valuation per pupil is greater than the statewide median 6,040
THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the 6,041
134
proceeds of the tax shall be used for such maintenance and 6,042
one-half of the proceeds of the tax shall be used to pay the cost 6,043
of the purchase of the classroom facilities from PAID TO the 6,044
state under sections 3318.01 to 3318.20 of the Revised Code. 6,045
A copy of such resolution shall after its passage and not 6,047
less than seventy-five days prior to the date set therein for the 6,048
election be certified to the county board of elections. 6,049
The resolution of the school district board, in addition to 6,053
meeting other applicable requirements of section 133.18 of the 6,054
Revised Code, shall state that the amount of bonds to be issued 6,055
will be either whatever amount may be necessary to raise the net 6,056
bonded indebtedness of the school district to within five 6,057
thousand dollars of the required level of indebtedness calculated 6,058
for the year preceding the year in which such resolution is 6,059
adopted or an amount equal to the required percentage SCHOOL 6,061
DISTRICT'S PORTION of the basic project costs COST, whichever is 6,062
greater and state that the maximum maturity of the bonds which, 6,063
notwithstanding section 133.20 of the Revised Code, may be any 6,064
number of years not exceeding twenty-three as determined by the 6,065
board. In estimating the amount of bonds to be issued, the board 6,066
shall take into consideration the amount of moneys then in the 6,067
bond retirement fund and the amount of moneys to be collected for 6,068
and disbursed from the bond retirement fund during the remainder 6,069
of the year in which the resolution of necessity is adopted. 6,070
Notice of the election shall include the fact that the tax 6,072
levy shall be at the rate of one-half mill for each one dollar of 6,073
valuation, that the levy shall be made until the purchase price 6,075
is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 6,076
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 6,079
twenty-three years, and that the proceeds of the tax shall be 6,080
used to pay the cost of maintaining the classroom facilities 6,081
included in the project, except in any year the district's 6,082
THREE-YEAR AVERAGE adjusted valuation per pupil is greater than 6,083
the statewide median THREE-YEAR AVERAGE adjusted valuation per 6,084
135
pupil, one-half of the proceeds of the tax shall be used for such 6,086
maintenance and one-half of the proceeds of the tax shall be used 6,087
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 6,089
Revised Code.
The form of the ballot to be used at such election shall 6,091
be: 6,092
"A majority affirmative vote is necessary for passage. 6,094
Shall bonds be issued by the Board of Education of the 6,096
............ (here insert name of school district) for the 6,097
purpose of ............ (here insert purpose of bond issue) in 6,098
either an amount sufficient to raise the net indebtedness of the 6,099
school district to within five thousand dollars of ............ 6,100
(here insert five, six, or seven per cent depending on the 6,101
district's required level of indebtedness) of the total value of 6,102
all property in the school district as listed and assessed for 6,103
taxation on the tax duplicate for the year ............ (here 6,104
insert the year preceding the year in which the resolution 6,105
declaring the necessity of the election was adopted) or an amount 6,107
equal to ............ (here insert the required percentage of the 6,108
basic project costs), whichever is greater, and a levy of taxes 6,109
be made outside of the ten-mill limitation for a maximum period 6,110
of ............ (here insert longest maturity) years to pay the 6,111
principal and interest of such bonds, the amount of such bonds 6,112
being estimated to be ............ (here insert estimated amount 6,113
of bond issue) for which the levy of taxes is estimated by the 6,114
county auditor to average ............ (here insert number of 6,115
mills) mills for each one dollar of valuation, which amounts to 6,116
............ (here insert rate expressed in dollars and cents) 6,117
for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY 6,119
THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO 6,120
CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT 6,122
OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE), 6,123
TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE 6,124
136
INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 6,125
THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY 6,126
TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE 6,127
COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND 6,128
ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED) 6,129
MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO 6,130
............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH 6,131
AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF 6,132
TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO 6,133
PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE 6,134
BONDS?"
and 6,135
"Shall an additional levy of taxes be made for the A PERIOD 6,137
NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............ 6,138
(HERE INSERT name of school district) SCHOOL DISTRICT, the 6,139
proceeds of which shall be used to pay the cost of maintaining 6,142
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 6,143
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 6,145
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 6,147
the tax shall be used for such maintenance and one-half of such 6,148
proceeds shall be used to pay the cost of the purchase of 6,149
classroom facilities from PAID TO the state, at the rate of 6,151
one-half mill for each one dollar of valuation until the purchase 6,152
price is paid but in no case longer than twenty-three years? 6,153
_______________________________________________ 6,155
FOR THE BOND ISSUE AND TAX LEVY 6,156
_______________________________________________ 6,157
AGAINST THE BOND ISSUE AND TAX LEVY 6,158
_______________________________________________ " 6,159
(D) If it is necessary for the school district to acquire 6,162
a site for the classroom facilities to be acquired pursuant to 6,163
sections 3318.01 to 3318.20 of the Revised Code, the district 6,164
board may propose either to issue bonds of the board or to levy a 6,165
137
tax to pay for the acquisition of such site, and may combine the 6,166
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 6,167
purpose of acquiring a site are a general obligation of the 6,168
school district and are Chapter 133. securities. 6,169
The form of that portion of the ballot to include the 6,171
question of either issuing bonds or levying a tax for site 6,172
acquisition purposes shall be one of the following: 6,173
(1) "Shall bonds be issued by the board of education of 6,175
the ............ (HERE INSERT name of the school district) for 6,176
the purpose of .......... (purpose of the bond issue, which shall 6,178
be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a 6,179
site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM 6,180
FACILITIES ASSISTANCE PROGRAM in the principal amount of 6,182
.......... (HERE INSERT principal amount of the bond issue), to 6,183
be repaid annually over a maximum period of .......... (HERE 6,184
INSERT maximum number of years over which the principal of the 6,185
bonds may be paid) years, and an annual levy of property taxes be 6,186
made outside the ten-mill limitation, estimated by the county 6,187
auditor to average over the repayment period of the bond issue 6,188
.......... (HERE INSERT number of mills) mills for each one
dollar of tax valuation, which amount to .......... (HERE INSERT 6,189
rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX 6,190
CENTS" OR "$0.36") for each one hundred dollars of valuation TO 6,192
PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES
ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?" 6,193
(2) "Shall an additional levy of taxes OUTSIDE THE 6,195
TEN-MILL LIMITATION be made for the benefit of the .......... 6,196
(HERE INSERT name of the school district) .......... SCHOOL 6,197
DISTRICT for the purpose ......... (purpose of the levy, which 6,198
shall be for the purpose of acquiring a site for classroom 6,199
facilities) in the sum of ......... (HERE INSERT annual amount 6,200
the levy is to produce) and a levy of taxes to be made outside of 6,201
the ten-mill limitation estimated by the county auditor to 6,202
138
average ........ (HERE INSERT number of mills) mills for each one 6,203
hundred dollars of valuation, for a period of ......... (HERE 6,205
INSERT number of years the millage is to be imposed) years?" 6,206
Where it is necessary to combine the question of issuing 6,208
bonds of the school district and levying a tax as described in 6,209
division (C) of this section with the question of issuing bonds 6,210
of the school district for acquisition of a site, the question 6,211
specified in division (C) of this section to be voted on shall be 6,212
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 6,213
Where it is necessary to combine the question of issuing 6,215
bonds of the school district and levying a tax as described in 6,216
division (C) of this section with the question of levying a tax 6,217
for the acquisition of a site, the question specified in division 6,218
(C) of this section to be voted on shall be "For the Bond Issue 6,219
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 6,220
If a majority of those voting upon a proposition hereunder 6,222
which includes the question of issuing bonds vote in favor 6,223
thereof, and if the agreement provided for by section 3318.08 of 6,224
the Revised Code has been entered into, the school district board 6,225
may proceed under Chapter 133. of the Revised Code, with the 6,226
issuance of bonds or bond anticipation notes in accordance with 6,227
the terms of the agreement. 6,228
Sec. 3318.08. If the requisite favorable vote on the 6,237
election is obtained, the Ohio school facilities commission, upon 6,239
certification of the results of the election to it, shall enter 6,240
into a written agreement with the school district board for the 6,241
construction and sale of the project, which agreement shall 6,242
include, but need not be limited to, the following provisions: 6,243
(A) The sale and issuance of bonds or notes in 6,245
anticipation thereof, as soon as practicable after the execution 6,246
of the agreement, in either an amount which will raise the net 6,248
bonded indebtedness of the school district, as of the date of the 6,249
139
resolution authorizing the issuance of such bonds or notes, to 6,251
within five thousand dollars of the required level of 6,252
indebtedness calculated for the year preceding the year in which 6,253
the resolution declaring the necessity of the election was 6,255
adopted or an amount equal to the required percentage SCHOOL 6,257
DISTRICT'S PORTION of the basic project costs, whichever is 6,258
greater COST; provided, that if at that time the county treasurer 6,259
of each county in which the school district is located has not 6,261
commenced the collection of taxes on the general duplicate of 6,262
real and public utility property for such THE year IN WHICH THE 6,263
CONTROLLING BOARD APPROVED THE PROJECT, the school district board 6,264
shall authorize the issuance of a first installment of bond 6,265
anticipation notes in an amount specified by the agreement, which 6,266
amount shall not exceed an amount necessary to raise the net 6,267
bonded indebtedness of the school district as to OF the date of 6,268
such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to 6,270
within five thousand dollars of the required level of 6,272
indebtedness for the preceding year. In the event that a first 6,273
installment of bond anticipation notes is issued, the school 6,274
district board shall, as soon as practicable after the county 6,275
treasurer of each county in which the school district is located 6,276
has commenced the collection of taxes on the general duplicate of 6,277
real and public utility property for the year in which the 6,278
resolution declaring the necessity of the election was adopted 6,279
CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of 6,280
a second and final installment of bond anticipation notes or a 6,281
first and final issue of bonds. The 6,282
THE combined value of the first and second installment of 6,285
bond anticipation notes or the value of the first and final issue 6,286
of bonds shall be equal to either an amount which will raise the 6,287
net indebtedness of the school district as of the date of such 6,288
authorizing resolution to within five thousand dollars of the 6,290
required level of indebtedness, or an amount equal to the 6,292
required percentage SCHOOL DISTRICT'S PORTION of the BASIC 6,293
140
project costs, whichever is greater COST. The proceeds of any 6,294
such bonds shall be used first to retire any bond anticipation 6,296
notes. Otherwise, the proceeds of such bonds and of any bond 6,297
anticipation notes, except the premium and accrued interest 6,298
thereon, shall be deposited in the school district's project 6,299
construction fund. In determining the amount of net BONDED 6,300
indebtedness for the purpose of fixing the amount of an issue of 6,301
either bonds or bond anticipation notes, gross indebtedness shall 6,302
be reduced by moneys in the bond retirement fund only to the 6,303
extent of the moneys therein on the first day of the year 6,304
preceding the year in which the resolution authorizing such bonds 6,305
or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT. 6,306
Should there be a decrease in the tax valuation of the school 6,308
district so that the amount of indebtedness which THAT can be 6,310
incurred on the tax duplicates for the year in which the
resolution declaring the necessity of the election was adopted 6,311
CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of 6,313
the first installment of bond anticipation notes, there shall be 6,314
paid from the school district's project construction fund to the 6,315
school district's bond retirement fund to be applied against such 6,317
notes an amount sufficient to cause the net BONDED indebtedness 6,318
of the school district, as of the first day of the year following 6,319
the year in which the resolution declaring the necessity of the 6,320
election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to 6,322
be within five thousand dollars of the required level of
indebtedness for the year in which that resolution was adopted 6,323
THE CONTROLLING BOARD APPROVED THE PROJECT. The maximum amount 6,326
of indebtedness to be incurred by any school district board as 6,327
its share of the cost of the project is either an amount which 6,328
THAT will cause its net BONDED indebtedness, as of the first day 6,330
of the year following the year in which the resolution declaring 6,331
the necessity of the bond issue was adopted CONTROLLING BOARD
APPROVED THE PROJECT, to be within five thousand dollars of the 6,333
required level of indebtedness calculated for the year preceding 6,334
141
the year in which that resolution was adopted, or an amount equal 6,337
to the required percentage of the basic project costs, whichever 6,338
is greater. All bonds and bond anticipation notes shall be 6,339
issued in accordance with Chapter 133. of the Revised Code, and 6,340
notes may be renewed as provided in section 133.22 of the Revised 6,341
Code.
(B) The transfer of such funds of the school district 6,343
board available for the project, together with the proceeds of 6,344
the sale of the bonds or notes, except premium, accrued interest, 6,345
and interest included in the amount of the issue, to the school 6,346
district's project construction fund; 6,347
(C) The levy of the tax authorized at the election for the 6,349
payment of maintenance costs or the cost of purchasing the 6,351
classroom facilities PAYMENTS TO THE STATE, AS SPECIFIED IN
DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE; 6,353
(D) Ownership of OR INTEREST IN the project during the 6,355
period of construction, which shall be divided between the 6,356
commission and the school district board in proportion to their 6,358
respective contributions to the school district's project 6,359
construction fund; 6,360
(E) The transfer MAINTENANCE of the state's interest in 6,362
the project to the school district upon completion of the project 6,364
UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION 6,365
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING; 6,366
(F) The insurance of the project by the school district 6,368
from the time there is an insurable interest therein and so long 6,369
as any part of the purchase price remains unpaid THE STATE 6,370
RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO 6,371
DIVISION (D) OF THIS SECTION, in such amounts and against such 6,374
risks as the commission shall require; provided, that the cost of 6,376
any required insurance until the project is completed shall be a 6,377
part of the basic project cost;
(G) The certification by the director of budget and 6,379
management that funds are available and have been set aside to 6,380
142
meet the state's share of the basic project cost as approved by 6,382
the controlling board pursuant to section 3318.04 of the Revised 6,383
Code;
(H) Authorization of the school district board to 6,385
advertise for and receive construction bids for the project, for 6,386
and on behalf of the commission, and to award contracts in the 6,388
name of the state subject to approval by the commission; 6,389
(I) Provisions for the disbursement of moneys from the 6,391
school district's project account upon issuance by the commission 6,393
or the commission's designated representative of vouchers for 6,394
work done to be certified to the commission by the treasurer of 6,397
the school district board; 6,398
(J) Disposal of any balance left in the school district's 6,400
project construction fund upon completion of the project; 6,402
(K) Prohibition against alienation of any interest in the 6,404
project by the school district board or its successor in interest 6,405
without the consent of the commission so long as any part of the 6,407
purchase price of the project remains unpaid, but in no case 6,408
longer than twenty-three years; 6,409
(L) Limitations upon use of the project or any part of it 6,411
so long as any part of the purchase price of the project remains 6,412
unpaid, but in no case longer than twenty-three years OBLIGATIONS 6,413
ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE 6,414
REVISED CODE ARE OUTSTANDING; 6,415
(M)(L) Provision for vesting absolute THE STATE'S interest 6,418
in the project in TO the school district board when the purchase 6,419
price has been paid or at the expiration of the period of 6,421
twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT 6,422
UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING; 6,423
(N)(M) Provision for deposit of an executed copy of the 6,425
agreement in the office of the commission and the office of the 6,427
county recorder of the county or counties in which the project is 6,428
situated; 6,429
(O)(N) Provision for termination of the contract and 6,431
143
release of the funds encumbered at the time of the conditional 6,432
approval, if the proceeds of the sale of the bonds of the school 6,433
district board are not paid into the school district's project 6,434
construction fund and if bids for the construction of the project 6,436
have not been taken within such period after the execution of the 6,437
agreement as may be fixed by the commission; 6,438
(P)(O) Provision for the school district to maintain the 6,440
project in accordance with a plan approved by the commission; 6,442
(Q)(P) Provision that all state funds reserved and 6,445
encumbered to pay the state share of the cost of the project 6,446
pursuant to section 3318.03 of the Revised Code be spent on the 6,447
construction or acquisition of the project prior to the 6,448
expenditure of any funds provided by the school district to pay 6,449
for its share of the project cost, unless the school district 6,450
certifies to the commission that expenditure by the school 6,451
district is necessary to maintain the tax-exempt status of notes 6,452
or bonds issued by the school district to pay for its share of 6,453
the project cost in which case, the school district may commit to 6,454
spend, or spend, a portion of the funds it provides; 6,455
(Q) A PROVISION STIPULATING THAT THE COMMISSION MAY 6,457
PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE 6,458
COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR 6,459
CONSTRUCTION PURPOSES. THE COMMISSION MAY PERFORM SOIL TESTS IN 6,460
ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR
CONSTRUCTION PURPOSES. 6,461
Sec. 3318.081. If the board of education of a school 6,470
district authorized to impose a tax pursuant to section 3318.06 6,471
of the Revised Code determines that taxable value of property 6,472
subject to the tax has increased to the extent it will not be 6,473
necessary to impose such tax for twenty-three years in order to 6,474
pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF 6,475
THE PROJECT COST SUPPLIED BY THE STATE, it may request the county 6,476
auditor to determine the amount of the purchase price remaining 6,477
to be paid and the estimated rate of taxation required each year 6,478
144
to repay PAY such remainder in equal installments over the 6,480
maximum number of remaining years the tax may be in effect. The 6,481
auditor shall make such determination upon request and certify 6,482
the results thereof to the board of education. 6,483
Upon receipt of the auditor's determination, the board of 6,485
education may request the Ohio school facilities commission to 6,487
enter into a supplemental agreement under which the district may 6,488
repay PAY the remainder of the purchase price AMOUNT in annual 6,490
amounts equal to the quotient obtained by dividing the amount 6,492
remaining to be paid by the maximum number of remaining years the 6,493
tax may be in effect. If such an agreement is entered into, the 6,494
commission shall certify a copy thereof to the county auditor and 6,496
the tax authorized by section 3318.06 of the Revised Code 6,497
thereafter shall be levied at the rate required to make the 6,498
annual payments required by the supplemental agreement rather 6,499
than the rate required by such section. 6,500
Sec. 3318.082. The board of education of any school 6,509
district imposing a tax for the purpose of paying the cost of the 6,510
purchase of classroom facilities from the state pursuant to 6,512
section 3318.06 of the Revised Code prior to the effective date 6,513
of the amendments to that section by Amended Substitute House 6,515
Bill No. 748 of the 121st General Assembly, may enter into a 6,516
supplemental agreement with the Ohio school facilities commission 6,517
under which the proceeds of such tax shall be distributed in 6,519
accordance with the requirements of section 3318.06 of the
Revised Code, as amended by Amended Substitute House Bill No. 748 6,522
of the 121st general assembly. 6,523
Sec. 3318.083. IF, AFTER THE OHIO SCHOOL FACILITIES 6,525
COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT 6,526
UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF 6,527
A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN 6,528
INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS 6,529
ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION 6,530
FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED 6,532
145
COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 6,533
DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.13. Notwithstanding any provision of sections 6,542
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 6,543
all taxable property within a school district for the purpose of 6,544
paying the cost of maintaining the classroom facilities included 6,545
in the project or for paying the purchase price of the project to 6,546
the state under the agreement provided in section 3318.08 of the 6,547
Revised Code or the supplemental agreement provided in section 6,548
3318.081 of the Revised Code shall be included in the budget of 6,549
the school district for each year upon the certification to the 6,550
county budget commission or commissions of the county or counties 6,551
in which said school district is located, by the Ohio school 6,552
facilities commission of the balance due the state under said 6,554
agreement or supplemental agreement. Such certification shall be 6,555
made on or before the fifteenth day of July in each year. 6,556
Thereafter, the respective county budget commissions shall treat 6,557
such certification as an additional item on the tax budget for 6,558
the school district as to which such certification has been made 6,559
and shall provide for the levy therefor in the manner provided in 6,560
sections 5705.27 to 5705.50 of the Revised Code for tax levies 6,561
included directly in the budgets of the subdivisions. 6,562
The levy of taxes shall be included in the next annual tax 6,564
budget that is certified to the county budget commission after 6,565
the execution of the agreement for the project. 6,566
Sec. 3318.14. Notwithstanding the provision of section 6,575
321.31 of the Revised Code, immediately after each settlement 6,576
with the county auditor, on presentation of the warrant of the 6,577
county auditor therefor, the county treasurer shall pay to the 6,578
school district the proceeds of the tax levy provided in section 6,579
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 6,581
pay to the Ohio school facilities commission any proceeds of the 6,583
tax levy provided in section 3318.13 of the Revised Code to be 6,584
146
applied to the unpaid purchase price of the project PAID TO THE 6,585
STATE.
Sec. 3318.15. There is hereby created the public school 6,594
building fund within the state treasury consisting of all moneys 6,595
received from the sale of classroom facilities pursuant to 6,596
sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO 6,597
DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys 6,598
transferred or appropriated to the fund by the general assembly, 6,599
and any grants, gifts, or contributions received by the Ohio 6,600
school facilities commission to be used for the purposes of the 6,601
fund. All investment earnings of the fund shall be credited to 6,602
the fund.
Moneys transferred or appropriated to the fund by the 6,604
general assembly and moneys in the fund from grants, gifts, and 6,605
contributions shall be used to acquire classroom facilities for 6,606
sale to school districts pursuant to THE PURPOSES OF sections 6,609
3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from the sale of classroom facilities PAYMENTS TO THE 6,611
STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED 6,612
CODE shall be held in a separate account in the fund. Such 6,613
moneys may be used partially to acquire additional classroom 6,614
facilities for sale to school districts pursuant to THE PURPOSES 6,615
OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially 6,617
to pay bond service charges as defined in division (C) of section 6,618
3318.21 of the Revised Code on obligations, the proceeds of which 6,619
are deposited into the school districts facilities fund created 6,620
in section 3318.23 of the Revised Code. 6,621
Sec. 3318.16. Title to interests THE OHIO SCHOOL 6,630
FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property 6,631
purchased with moneys in the school district's project 6,633
construction fund shall be taken in the name of the state of 6,634
Ohio. Upon completion of the project, the title to such interest 6,635
in real property shall be conveyed to the school district board 6,636
and the Ohio school facilities commission shall execute and
147
deliver deeds to complete the transfer of such interests. 6,637
Upon completion of the project, the interest of the state 6,639
in the project shall be transferred to the school district board, 6,641
which interest is equal to that portion of the final cost of the 6,642
project represented by funds contributed by the state for the 6,643
project. The purchase price to be paid by the school district 6,644
board for the state's interest in the project shall be the total
amount of funds contributed by the state for the project. 6,645
ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION 6,647
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY 6,648
INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE 6,649
SCHOOL DISTRICT.
Sec. 3318.17. A (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 6,659
THIS SECTION, WHEN A school district board may purchase RECEIVES 6,660
classroom facilities ASSISTANCE from the state from time to time 6,661
under the procedure set forth in sections 3318.01 to 3318.12 of 6,663
the Revised Code. The, THE levy of taxes required by section 6,664
SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the 6,666
rate of one-half mill for each one dollar of valuation and shall 6,667
be for a maximum period of twenty-three years after the last 6,669
purchase, except that in those years in which a supplemental 6,671
agreement authorized by section 3318.081 of the Revised Code is 6,672
in effect, the rate shall be as prescribed for such section for 6,673
the period during which such agreement is in effect. Where a 6,674
school district has purchased classroom facilities from the state 6,675
on which any portion of the purchase price remains unpaid and it 6,676
desires to purchase additional classroom facilities, the notice 6,677
of election and form of ballot set forth in section 3318.06 of 6,678
the Revised Code shall provide that the levy is an extension of 6,679
an existing levy for a maximum period of twenty-three years. 6,680
Where there has been more than one purchase of classroom 6,681
facilities from the state, any proceeds of the tax to be used to 6,682
pay the purchase price of such facilities shall be applied to the 6,683
unpaid purchase price of the projects in the order in which they 6,684
148
were purchased.
(B) WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS 6,686
3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE 6,688
OF THIS AMENDMENT, THE LEVY SHALL:
(1) BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR 6,690
OF VALUATION;
(2) CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS 6,692
REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY 6,693
SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR 6,694
TWENTY-THREE YEARS;
(3) NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER 6,696
LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED 6,697
CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 6,698
THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY 6,700
SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY 6,701
UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED 6,702
CLASSROOM FACILITIES PROJECT.
Sec. 3318.18. The unpaid purchase price of a project MONEY 6,711
TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION 6,712
3318.05 OF THE REVISED CODE shall constitute an indebtedness of 6,714
the school district but shall not be included in the calculation 6,715
of indebtedness under sections 133.04 and 133.06 of the Revised 6,716
Code. In the event all or a portion of the territory comprising 6,717
a school district, which THAT has outstanding an indebtedness to 6,719
the state representing the unpaid purchase price of TAX LEVY 6,721
MONEY RESULTING FROM a project or projects, is transferred to 6,722
another school district, or, if a new school district is created 6,723
to include all or a portion of such school district, the 6,724
outstanding indebtedness for MONEY OWED AS A RESULT OF each 6,725
project shall be apportioned between the acquiring school 6,727
district and the original school district in the ratio, as of the 6,728
effective date of the transfer, which the assessed valuation of 6,729
the territory transferred to the acquiring school district bears 6,730
to the assessed valuation of the original school district. 6,731
149
The amount of the indebtedness so assumed, OR PARTIALLY 6,733
ASSUMED, by the new school district or acquiring school district 6,735
shall be equal to one-half mill multiplied by the total value of 6,736
all property as listed and assessed for taxation in the original 6,737
school district or territory transferred for each of the years 6,738
YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS 6,739
SPECIFIED in the PORTION OF THE agreement for payment of purchase 6,740
price between the original school district and the state board of 6,742
education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE 6,743
REVISED CODE. On or before the first day of July of each year, 6,744
the department of taxation shall certify to the Ohio school 6,745
facilities commission the amount of the tax duplicate of the 6,747
original school district or territory transferred for the 6,748
calendar year ending on the thirty-first day of December 6,749
immediately preceding. This tax duplicate shall be used in the 6,750
calculation of the indebtedness so assumed.
The acquiring school district shall levy a tax outside the 6,752
ten-mill limitation upon all property in the acquiring school 6,753
district to pay the indebtedness so assumed until the 6,754
indebtedness so assumed has been discharged but not longer than 6,755
twenty-three years after the original incurrence of the 6,756
indebtedness, provided, that the levy in the acquiring school 6,757
district in any year shall not exceed the levy in the original 6,758
school district to pay the purchase price of projects acquired 6,759
from MAKE PAYMENTS TO the state. The proceeds of the aforesaid 6,760
tax levy in the acquiring school district shall be applied to the 6,762
discharge of indebtedness first incurred in point of time whether 6,763
or not it be an indebtedness assumed from another school 6,764
district.
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of 6,773
the Revised Code: 6,774
(A) "Allowable costs" means all or part of the costs of a 6,776
permanent improvement that may be financed with, and paid from 6,777
the proceeds of, securities issued pursuant to section 133.15 of 6,778
150
the Revised Code. 6,779
(B) "Bond proceedings" means the resolution, order, trust 6,781
agreement, indenture, loan agreement, lease agreement, and other 6,782
agreements, amendments and supplements to the foregoing, or any 6,783
one or more or combination thereof, authorizing or providing for 6,784
the terms and conditions applicable to, or providing for the 6,785
security or liquidity of, obligations issued pursuant to section 6,786
3318.26 of the Revised Code, and the provisions contained in the 6,787
obligations. 6,788
(C) "Bond service charges" means principal, including 6,790
mandatory sinking fund requirements for retirement of 6,791
obligations, and interest, and redemption premium, if any, 6,792
required to be paid by the state on obligations, and, if provided 6,793
in the applicable bond proceedings, may include any corresponding 6,794
lease or sublease payments to be made with respect thereto to the 6,795
issuing authority by the state or any agency of state government. 6,796
(D) "Bond service fund" means the applicable fund and 6,798
accounts therein created for and pledged to the payment of bond 6,799
service charges, which may be, or may be part of, either the 6,800
school building program bond service fund created by division (R) 6,801
of section 3318.26 of the Revised Code or the school facilities 6,802
bond service fund created by division (S) of section 3318.26 of 6,803
the Revised Code, including all moneys and investments, and 6,804
earnings from investments, credited and to be credited thereto. 6,805
(E) "Issuing authority" means the treasurer of state, or 6,807
the officer who by law performs the functions of such officer. 6,808
(F) "Obligations" means bonds, notes, or other evidence of 6,810
obligation including interest coupons pertaining thereto, issued 6,811
pursuant to section 3318.26 of the Revised Code. 6,812
(G) "Permanent improvement" or "improvement" means a 6,814
permanent improvement or improvement as defined under division 6,815
(CC) of section 133.01 of the Revised Code to be used for housing 6,816
agencies of state government, including classroom facilities as 6,817
defined in division (B) of section 3318.01 of the Revised Code. 6,818
151
(H) "Pledged receipts," in the case of obligations issued 6,820
to provide moneys for the school building program assistance fund 6,821
created in section 3318.25 of the Revised Code, means any or all 6,822
of the following: 6,823
(1) Moneys in the lottery profits education fund created 6,825
in section 3770.06 of the Revised Code appropriated by the 6,826
general assembly and pledged for the purpose of paying bond 6,827
service charges on one or more issuances of such obligations; 6,828
(2) Accrued interest received from the sale of 6,830
obligations; 6,831
(3) Income from the investment of the special funds; 6,833
(4) Any gifts, grants, donations, and pledges, and 6,835
receipts therefrom, available for the payment of bond service 6,836
charges. 6,837
(I) "Pledged receipts," in the case of obligations issued 6,839
to provide moneys for the school districts facilities fund 6,840
created in section 3318.23 of the Revised Code, means any or all 6,841
of the following: 6,842
(1) Moneys from the sale of classroom facilities accruing 6,844
in the public school building fund created in section 3318.15 of 6,845
the Revised Code, which moneys are pledged for the purpose of 6,846
paying bond service charges on one or more issuances of such 6,847
obligations. 6,848
(2) Moneys accruing to the state from the repayment, 6,850
including interest, of loans from the school districts facilities 6,851
fund made pursuant to section 3318.24 of the Revised Code; 6,852
(3) Accrued interest received from the sale of 6,854
obligations; 6,855
(4) Income from the investment of the special funds; 6,857
(5) Any gifts, grants, donations, and pledges, and 6,859
receipts therefrom, available for the payment of bond service 6,860
charges. 6,861
(J) "School district" means a school district as defined 6,863
under division (D) of section 3318.01 of the Revised Code, acting 6,864
152
as an agency of state government, performing essential 6,865
governmental functions of state government pursuant to sections 6,866
3318.21 to 3318.29 of the Revised Code.
(K)(J) "Securities" means securities as defined under 6,868
division (KK) in section 133.01 of the Revised Code. 6,869
(L)(K) "Special funds" or "funds" means, except where the 6,871
context does not permit, the bond service fund, and any other 6,872
funds, including reserve funds, created under the bond 6,873
proceedings, and either the school building program bond service 6,874
fund created by division (R) of section 3318.26 of the Revised 6,875
Code or the school facilities bond service fund created by 6,876
division (S) of section 3318.26 of the Revised Code to the extent 6,877
provided in the bond proceedings, including all moneys and 6,878
investments, and earnings from investment, credited and to be 6,879
credited thereto. 6,880
Sec. 3318.25. There is hereby created in the state 6,889
treasury the school building program assistance fund. The fund 6,890
shall consist of the proceeds of obligations issued for the 6,891
purposes of such fund pursuant to section 3318.26 of the Revised 6,892
Code that are payable from moneys in the lottery profits 6,893
education fund created in section 3770.06 of the Revised Code. 6,894
All investment earnings of the fund shall be credited to the 6,895
fund. Moneys in the fund shall be used as directed by the Ohio 6,896
school facilities commission for the cost to the state of 6,898
acquiring CONSTRUCTING classroom facilities for sale to school 6,899
districts pursuant to UNDER sections 3318.01 to 3318.20 of the 6,900
Revised Code. 6,902
Sec. 3318.26. (A) Subject to the limitations provided in 6,911
section 3318.29 of the Revised Code, the issuing authority, upon 6,912
the certification by the Ohio school facilities commission to the 6,914
issuing authority of the amount of moneys or additional moneys 6,915
needed in the school districts facilities fund for the purpose of 6,916
making loans for allowable costs from such fund or in the school 6,917
building program assistance fund for the purposes of sections 6,918
153
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 6,919
interest, for funding reserves, and for paying costs and expenses 6,920
incurred in connection with the issuance, carrying, securing, 6,921
paying, redeeming, or retirement of the obligations or any 6,922
obligations refunded thereby, including payment of costs and 6,923
expenses relating to letters of credit, lines of credit, 6,924
insurance, put agreements, standby purchase agreements, indexing, 6,925
marketing, remarketing and administrative arrangements, interest 6,926
swap or hedging agreements, and any other credit enhancement, 6,927
liquidity, remarketing, renewal, or refunding arrangements, all 6,928
of which are authorized by this section, shall issue obligations 6,929
of the state under this section in the required amount. The 6,930
proceeds of such obligations, except for obligations issued to 6,932
provide moneys for the school building program assistance fund or 6,933
except for such portion to be deposited in special funds, 6,934
including reserve funds, as may be provided in the bond 6,935
proceedings, shall as provided in the bond proceedings be 6,936
deposited by the treasurer of state to the school districts 6,937
facilities fund. The issuing authority may appoint trustees, 6,938
paying agents, and transfer agents and may retain the services of 6,939
financial advisors and accounting experts and retain or contract 6,940
for the services of marketing, remarketing, indexing, and 6,941
administrative agents, other consultants, and independent 6,942
contractors, including printing services, as are necessary in the 6,943
issuing authority's judgment to carry out this section. The 6,944
costs of such services are payable from the school districts 6,945
facilities fund, the school building program assistance fund, or 6,946
any special fund determined by the issuing authority. 6,947
(B) The holders or owners of such obligations shall have 6,949
no right to have moneys raised by taxation obligated or pledged, 6,950
and moneys raised by taxation shall not be obligated or pledged, 6,951
for the payment of bond service charges. Such holders or owners 6,952
shall have no rights to payment of bond service charges from any 6,953
money or property received by the commission, treasurer of state, 6,956
154
or the state, or from any other use of the proceeds of the sale 6,957
of the obligations, and no such moneys may be used for the 6,958
payment of bond service charges, except for accrued interest, 6,959
capitalized interest, and reserves funded from proceeds received 6,960
upon the sale of the obligations and except as otherwise 6,961
expressly provided in the applicable bond proceedings pursuant to 6,962
written directions by the treasurer of state. The right of such 6,963
holders and owners to payment of bond service charges shall be 6,964
limited to all or that portion of the pledged receipts and those 6,965
special funds pledged thereto pursuant to the bond proceedings in 6,966
accordance with this section, and each such obligation shall bear 6,967
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 6,969
of the issuing authority and the bond proceedings shall provide 6,970
for the purpose thereof and the principal amount or amounts, and 6,971
shall provide for or authorize the manner or agency for 6,972
determining the principal maturity or maturities, not exceeding 6,973
the limits specified in section 3318.29 of the Revised Code, the 6,974
interest rate or rates or the maximum interest rate, the date of 6,975
the obligations and the dates of payment of interest thereon, 6,976
their denomination, and the establishment within or without the 6,977
state of a place or places of payment of bond service charges. 6,978
Sections 9.98 to 9.983 of the Revised Code are applicable to 6,979
obligations issued under this section, subject to any applicable 6,980
limitation under section 3318.29 of the Revised Code. The 6,981
purpose of such obligations may be stated in the bond proceedings 6,982
in terms describing the general purpose or purposes to be served. 6,983
The bond proceedings shall also provide, subject to the 6,984
provisions of any other applicable bond proceedings, for the 6,985
pledge of all, or such part as the issuing authority may 6,986
determine, of the pledged receipts and the applicable special 6,987
fund or funds to the payment of bond service charges, which 6,988
pledges may be made either prior or subordinate to other 6,989
expenses, claims, or payments, and may be made to secure the 6,990
155
obligations on a parity with obligations theretofore or 6,991
thereafter issued, if and to the extent provided in the bond 6,992
proceedings. The pledged receipts and special funds so pledged 6,993
and thereafter received by the state are immediately subject to 6,994
the lien of such pledge without any physical delivery thereof or 6,995
further act, and the lien of any such pledges is valid and 6,996
binding against all parties having claims of any kind against the 6,997
state or any governmental agency of the state, irrespective of 6,998
whether such parties have notice thereof, and shall create a 6,999
perfected security interest for all purposes of Chapter 1309. of 7,000
the Revised Code, without the necessity for separation or 7,001
delivery of funds or for the filing or recording of the bond 7,002
proceedings by which such pledge is created or any certificate, 7,003
statement or other document with respect thereto; and the pledge 7,004
of such pledged receipts and special funds is effective and the 7,005
money therefrom and thereof may be applied to the purposes for 7,006
which pledged without necessity for any act of appropriation, 7,007
except as required by section 3770.06 of the Revised Code. Every 7,008
pledge, and every covenant and agreement made with respect 7,009
thereto, made in the bond proceedings may therein be extended to 7,010
the benefit of the owners and holders of obligations authorized 7,011
by this section, and to any trustee therefor, for the further 7,012
security of the payment of the bond service charges. 7,013
(D) The bond proceedings may contain additional provisions 7,015
as to: 7,016
(1) The redemption of obligations prior to maturity at the 7,018
option of the issuing authority at such price or prices and under 7,019
such terms and conditions as are provided in the bond 7,020
proceedings; 7,021
(2) Other terms of the obligations; 7,023
(3) Limitations on the issuance of additional obligations; 7,025
(4) The terms of any trust agreement or indenture securing 7,027
the obligations or under which the same may be issued; 7,028
(5) The deposit, investment and application of special 7,030
156
funds, and the safeguarding of moneys on hand or on deposit, 7,031
without regard to Chapter 131., 133., or 135. of the Revised 7,032
Code, but subject to any special provisions of sections 3318.21 7,033
to 3318.29 of the Revised Code, with respect to particular funds 7,034
or moneys, provided that any bank or trust company that acts as 7,035
depository of any moneys in the special funds may furnish such 7,036
indemnifying bonds or may pledge such securities as required by 7,037
the issuing authority; 7,038
(6) Any or every provision of the bond proceedings being 7,040
binding upon such officer, board, commission, authority, agency, 7,041
department, or other person or body as may from time to time have 7,042
the authority under law to take such actions as may be necessary 7,043
to perform all or any part of the duty required by such 7,044
provision; 7,045
(7) Any provision that may be made in a trust agreement or 7,048
indenture;
(8) The lease or sublease of any interest of the school 7,050
district or the state in one or more projects as defined in 7,051
division (C) of section 3318.01 of the Revised Code, or in one or 7,052
more permanent improvements, to or from the issuing authority, as 7,053
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 7,054
(9) Any other or additional agreements with the holders of 7,056
the obligations, or the trustee therefor, relating to the 7,057
obligations or the security therefor, including in the case of 7,058
obligations issued to provide moneys for the school district 7,059
facilities fund the assignment of security obtained or to be 7,060
obtained for loans under section 3318.24 of the Revised Code. 7,061
(E) The obligations may have the great seal of the state 7,063
or a facsimile thereof affixed thereto or printed thereon. The 7,064
obligations and any coupons pertaining to obligations shall be 7,065
signed or bear the facsimile signature of the issuing authority. 7,066
Any obligations or coupons may be executed by the person who, on 7,067
the date of execution, is the proper issuing authority although 7,068
157
on the date of such bonds or coupons such person was not the 7,069
issuing authority. In case the issuing authority whose signature 7,070
or a facsimile of whose signature appears on any such obligation 7,071
or coupon ceases to be the issuing authority before delivery 7,072
thereof, such signature or facsimile is nevertheless valid and 7,073
sufficient for all purposes as if the issuing authority had 7,074
remained the issuing authority until such delivery; and in case 7,076
the seal to be affixed to obligations has been changed after a 7,077
facsimile of the seal has been imprinted on such obligations, 7,078
such facsimile seal shall continue to be sufficient as to such 7,079
obligations and obligations issued in substitution or exchange 7,080
therefor.
(F) All obligations are negotiable instruments and 7,082
securities under Chapter 1308. of the Revised Code, subject to 7,083
the provisions of the bond proceedings as to registration. The 7,084
obligations may be issued in coupon or in registered form, or 7,085
both, as the issuing authority determines. Provision may be made 7,086
for the registration of any obligations with coupons attached 7,087
thereto as to principal alone or as to both principal and 7,088
interest, their exchange for obligations so registered, and for 7,089
the conversion or reconversion into obligations with coupons 7,090
attached thereto of any obligations registered as to both 7,091
principal and interest, and for reasonable charges for such 7,092
registration, exchange, conversion, and reconversion. 7,093
(G) Obligations may be sold at public sale or at private 7,095
sale, as determined in the bond proceedings. 7,096
(H) Pending preparation of definitive obligations, the 7,098
issuing authority may issue interim receipts or certificates 7,099
which shall be exchanged for such definitive obligations. 7,100
(I) In the discretion of the issuing authority, 7,102
obligations may be secured additionally by a trust agreement or 7,103
indenture between the issuing authority and a corporate trustee 7,104
which may be any trust company or bank having its principal place 7,105
of business within the state. Any such agreement or indenture 7,106
158
may contain the resolution or order authorizing the issuance of 7,107
the obligations, any provisions that may be contained in any bond 7,108
proceedings, and other provisions that are customary or 7,109
appropriate in an agreement or indenture of such type, including, 7,110
but not limited to: 7,111
(1) Maintenance of each pledge, trust agreement, 7,113
indenture, or other instrument comprising part of the bond 7,114
proceedings until the state has fully paid the bond service 7,115
charges on the obligations secured thereby, or provision therefor 7,116
has been made; 7,117
(2) In the event of default in any payments required to be 7,119
made by the bond proceedings, or any other agreement of the 7,120
issuing authority made as a part of the contract under which the 7,121
obligations were issued, enforcement of such payments or 7,122
agreement by mandamus, the appointment of a receiver, suit in 7,123
equity, action at law, or any combination of the foregoing; 7,124
(3) The rights and remedies of the holders of obligations 7,126
and of the trustee, and provisions for protecting and enforcing 7,127
them, including limitations on rights of individual holders of 7,128
obligations; 7,129
(4) The replacement of any obligations that become 7,131
mutilated or are destroyed, lost, or stolen; 7,132
(5) Such other provisions as the trustee and the issuing 7,134
authority agree upon, including limitations, conditions, or 7,135
qualifications relating to any of the foregoing. 7,136
(J) Any holder of obligations or a trustee under the bond 7,138
proceedings, except to the extent that the holder's or trustee's 7,140
rights are restricted by the bond proceedings, may by any 7,141
suitable form of legal proceedings, protect and enforce any 7,142
rights under the laws of this state or granted by such bond 7,143
proceedings. Such rights include the right to compel the 7,144
performance of all duties of the issuing authority, the 7,145
commission, or the director of budget and management required by 7,147
sections 3318.21 to 3318.29 of the Revised Code or the bond 7,148
159
proceedings; to enjoin unlawful activities; and in the event of 7,149
default with respect to the payment of any bond service charges 7,150
on any obligations or in the performance of any covenant or 7,151
agreement on the part of the issuing authority, the commission, 7,152
or the director of budget and management in the bond proceedings, 7,154
to apply to a court having jurisdiction of the cause to appoint a 7,155
receiver to receive and administer the pledged receipts and 7,156
special funds, other than those in the custody of the treasurer 7,157
of state or the commission, which are pledged to the payment of 7,159
the bond service charges on such obligations or which are the 7,160
subject of the covenant or agreement, with full power to pay, and 7,161
to provide for payment of bond service charges on, such 7,162
obligations, and with such powers, subject to the direction of 7,163
the court, as are accorded receivers in general equity cases, 7,164
excluding any power to pledge additional revenues or receipts or 7,165
other income or moneys of the issuing authority or the state or 7,166
governmental agencies of the state to the payment of such 7,167
principal and interest and excluding the power to take possession 7,168
of, mortgage, or cause the sale or otherwise dispose of any 7,169
permanent improvement. 7,170
Each duty of the issuing authority and the issuing 7,172
authority's officers and employees, and of each governmental 7,173
agency and its officers, members, or employees, undertaken 7,174
pursuant to the bond proceedings or any agreement or loan made 7,175
under authority of sections 3318.21 to 3318.29 of the Revised 7,176
Code, and in every agreement by or with the issuing authority, is 7,177
hereby established as a duty of the issuing authority, and of 7,178
each such officer, member, or employee having authority to 7,179
perform such duty, specifically enjoined by the law resulting 7,180
from an office, trust, or station within the meaning of section 7,181
2731.01 of the Revised Code. 7,182
The person who is at the time the issuing authority, or the 7,184
issuing authority's officers or employees, are not liable in 7,185
their personal capacities on any obligations issued by the 7,186
160
issuing authority or any agreements of or with the issuing 7,187
authority. 7,188
(K) The issuing authority may authorize and issue 7,190
obligations for the refunding, including funding and retirement, 7,191
and advance refunding with or without payment or redemption prior 7,192
to maturity, of any obligations previously issued by the issuing 7,193
authority. Such obligations may be issued in amounts sufficient 7,194
for payment of the principal amount of the prior obligations, any 7,195
redemption premiums thereon, principal maturities of any such 7,196
obligations maturing prior to the redemption of the remaining 7,197
obligations on a parity therewith, interest accrued or to accrue 7,198
to the maturity dates or dates of redemption of such obligations, 7,199
and any allowable costs including expenses incurred or to be 7,200
incurred in connection with such issuance and such refunding, 7,201
funding, and retirement. Subject to the bond proceedings 7,202
therefor, the portion of proceeds of the sale of obligations 7,203
issued under this division to be applied to bond service charges 7,204
on the prior obligations shall be credited to an appropriate 7,205
account held by the trustee for such prior or new obligations or 7,206
to the appropriate account in the bond service fund for such 7,207
obligations. Obligations authorized under this division shall be 7,208
deemed to be issued for those purposes for which such prior 7,209
obligations were issued and are subject to the provisions of this 7,210
section pertaining to other obligations, except as otherwise 7,211
provided in this section; provided that, unless otherwise 7,212
authorized by the general assembly, any limitations imposed by 7,213
the general assembly pursuant to this section with respect to 7,214
bond service charges applicable to the prior obligations shall be 7,215
applicable to the obligations issued under this division to 7,216
refund, fund, advance refund or retire such prior obligations. 7,217
(L) The authority to issue obligations under this section 7,219
includes authority to refund or refinance any obligations 7,220
previously issued by the state under sections 3318.21 to 3318.29 7,221
of the Revised Code. 7,222
161
The authority to issue obligations under this section also 7,224
includes authority to issue obligations in the form of bond 7,225
anticipation notes and to renew the same from time to time by the 7,226
issuance of new notes. The holders of such notes or interest 7,227
coupons pertaining thereto shall have a right to be paid solely 7,228
from the pledged receipts and special funds that may be pledged 7,229
to the payment of the bonds anticipated, or from the proceeds of 7,230
such bonds or renewal notes, or both, as the issuing authority 7,231
provides in the resolution or order authorizing such notes. Such 7,232
notes may be additionally secured by covenants of the issuing 7,233
authority to the effect that the issuing authority and the state 7,234
will do such or all things necessary for the issuance of such 7,235
bonds or renewal notes in appropriate amount, and apply the 7,236
proceeds thereof to the extent necessary, to make full payment of 7,237
the principal of and interest on such notes at the time or times 7,238
contemplated, as provided in such resolution or order. For such 7,239
purpose, the issuing authority may issue bonds or renewal notes 7,240
in such principal amount and upon such terms as may be necessary 7,241
to provide funds to pay when required the principal of and 7,242
interest on such notes, notwithstanding any limitations 7,243
prescribed by or for purposes of this section. Subject to this 7,244
division, all provisions for and references to obligations in 7,245
this section are applicable to notes authorized under this 7,246
division. 7,247
The issuing authority in the bond proceedings authorizing 7,249
the issuance of bond anticipation notes shall set forth for such 7,250
bonds an estimated interest rate and a schedule of principal 7,251
payments for such bonds and the annual maturity dates thereof, 7,252
and for purposes of any limitation on bond service charges 7,253
prescribed under section 3318.29 of the Revised Code, the amount 7,254
of bond service charges on such bond anticipation notes shall be 7,255
deemed to be the bond service charges for the bonds anticipated 7,256
thereby as set forth in the bond proceedings applicable to such 7,257
notes, but this provision does not modify any authority in this 7,258
162
section to pledge pledged receipts and special funds to, and 7,259
covenant to issue bonds to fund, the payment of principal of and 7,260
interest and any premium on such notes. 7,261
(M) Obligations issued under this section are lawful 7,263
investments for banks, societies for savings, savings and loan 7,264
associations, deposit guarantee associations, trust companies, 7,265
trustees, fiduciaries, insurance companies, including domestic 7,266
for life and domestic not for life, trustees or other officers 7,267
having charge of sinking and bond retirement or other special 7,268
funds of political subdivisions and taxing districts of this 7,269
state, the commissioners of the sinking fund of the state, the 7,270
administrator of workers' compensation, the state teachers 7,272
retirement system, the public employees retirement system, the 7,273
school employees retirement system, and the police and firemen's 7,274
disability and pension fund, notwithstanding any other provisions 7,275
of the Revised Code or rules adopted pursuant thereto by any 7,276
governmental agency of the state with respect to investments by 7,277
them, and also are acceptable as security for the deposit of 7,278
public moneys.
(N) Unless otherwise provided in any applicable bond 7,280
proceedings, moneys to the credit of or in the special funds 7,281
established by or pursuant to this section may be invested by or 7,282
on behalf of the issuing authority only in notes, bonds, or other 7,283
obligations of the United States, or of any agency or 7,284
instrumentality of the United States, obligations guaranteed as 7,286
to principal and interest by the United States, obligations of 7,287
this state or any political subdivision of this state, and 7,288
certificates of deposit of any national bank located in this 7,290
state and any bank, as defined in section 1101.01 of the Revised 7,291
Code, subject to inspection by the superintendent of financial 7,292
institutions. If the law or the instrument creating a trust 7,294
pursuant to division (I) of this section expressly permits 7,295
investment in direct obligations of the United States or an 7,296
agency of the United States, unless expressly prohibited by the 7,297
163
instrument, such moneys also may be invested in no front end load 7,298
money market mutual funds consisting exclusively of obligations 7,299
of the United States or an agency of the United States and in 7,300
repurchase agreements, including those issued by the fiduciary 7,301
itself, secured by obligations of the United States or an agency 7,302
of the United States; and in collective investment funds 7,303
established in accordance with section 1111.14 of the Revised 7,305
Code and consisting exclusively of any such securities, 7,306
notwithstanding division (A)(1)(c) of that section. The income 7,308
from such investments shall be credited to such funds as the 7,310
issuing authority determines, and such investments may be sold at 7,311
such times as the issuing authority determines or authorizes. 7,312
(O) Provision may be made in the applicable bond 7,314
proceedings for the establishment of separate accounts in the 7,315
bond service fund and for the application of such accounts only 7,316
to the specified bond service charges on obligations pertinent to 7,317
such accounts and bond service fund and for other accounts 7,318
therein within the general purposes of such fund. Unless 7,319
otherwise provided in any applicable bond proceedings, moneys to 7,320
the credit of or in the several special funds established 7,321
pursuant to this section shall be disbursed on the order of the 7,322
treasurer of state, provided that no such order is required for 7,323
the payment from the bond service fund when due of bond service 7,324
charges on obligations. 7,325
(P) The issuing authority may pledge all, or such portion 7,327
as the issuing authority determines, of the pledged receipts to 7,328
the payment of bond service charges on obligations issued under 7,329
this section, and for the establishment and maintenance of any 7,330
reserves, as provided in the bond proceedings, and make other 7,331
provisions therein with respect to pledged receipts as authorized 7,332
by this chapter, which provisions shall be controlling 7,333
notwithstanding any other provisions of law pertaining thereto. 7,334
(Q) The issuing authority may covenant in the bond 7,336
proceedings, and any such covenants shall be controlling 7,337
164
notwithstanding any other provision of law, that the state and 7,338
applicable officers and governmental agencies of the state, 7,339
including the general assembly, so long as any obligations are 7,341
outstanding, shall:
(1) Maintain statutory authority for and cause to be 7,343
operated the state lottery, including the transfers to and from 7,344
the lottery profits education fund created in section 3770.06 of 7,345
the Revised Code so that the pledged receipts shall be sufficient 7,346
in amount to meet bond service charges, and the establishment and 7,347
maintenance of any reserves and other requirements provided for 7,348
in the bond proceedings; 7,349
(2) Take or permit no action, by statute or otherwise, 7,351
that would impair the exclusion from gross income for federal 7,352
income tax purposes of the interest on any obligations designated 7,353
by the bond proceeding as tax-exempt obligations. 7,354
(R) There is hereby created the school building program 7,356
bond service fund, which shall be in the custody of the treasurer 7,357
of state but shall be separate and apart from and not a part of 7,358
the state treasury. All moneys received by or on account of the 7,359
issuing authority or state agencies and required by the 7,360
applicable bond proceedings, consistent with this section, to be 7,361
deposited, transferred, or credited to the school building 7,362
program bond service fund, and all other moneys transferred or 7,363
allocated to or received for the purposes of the fund, shall be 7,364
deposited and credited to such fund and to any separate accounts 7,365
therein, subject to applicable provisions of the bond 7,366
proceedings, but without necessity for any act of appropriation, 7,367
except as required by section 3770.06 of the Revised Code. 7,368
During the period beginning with the date of the first issuance 7,369
of obligations and continuing during such time as any such 7,370
obligations are outstanding, and so long as moneys in the school 7,371
building program bond service fund are insufficient to pay all 7,372
bond service charges on such obligations becoming due in each 7,373
year, a sufficient amount of the moneys from the lottery profits 7,374
165
education fund included in pledged receipts, subject to 7,375
appropriation for such purpose as provided in section 3770.06 of 7,376
the Revised Code, are committed and shall be paid to the school 7,377
building program bond service fund in each year for the purpose 7,378
of paying the bond service charges becoming due in that year. 7,379
The school building program bond service fund is a trust fund and 7,380
is hereby pledged to the payment of bond service charges solely 7,381
on obligations issued to provide moneys for the school building 7,382
program assistance fund to the extent provided in the applicable 7,383
bond proceedings, and payment thereof from such fund shall be 7,384
made or provided for by the treasurer of state in accordance with 7,385
such bond proceedings without necessity for any act of 7,386
appropriation except as required by section 3770.06 of the 7,387
Revised Code. 7,388
(S) There is hereby created the school facilities bond 7,390
service fund, which shall be in the custody of the treasurer of 7,391
state but shall be separate and apart from and not a part of the 7,392
state treasury. All moneys received by or on account of the 7,393
issuing authority or state agencies and required by the 7,394
applicable bond proceedings, consistent with this section, to be 7,395
deposited, transferred, or credited to the school facilities bond 7,396
service fund, and all other moneys transferred or allocated to or 7,397
received for the purposes of the fund, shall be deposited and 7,398
credited to such fund and to any separate accounts therein, 7,399
subject to applicable provisions of the bond proceedings, but 7,400
without necessity for any act of appropriation. During the 7,401
period beginning with the date of the first issuance of 7,402
obligations and continuing during such time as any such 7,403
obligations are outstanding, and so long as moneys in the school 7,404
facilities bond service fund are insufficient to pay all bond 7,405
service charges on such obligations becoming due in each year, a 7,406
sufficient amount of the moneys from the public school building 7,407
fund included in pledged receipts are committed and shall be paid 7,408
to the bond service fund in each year for the purpose of paying 7,409
166
the bond service charges becoming due in that year. The school 7,410
facilities bond service fund is a trust fund and is hereby 7,411
pledged to the payment of bond service charges on obligations 7,412
issued to provide moneys for the school districts facilities fund 7,413
to the extent provided in the applicable bond proceedings, and 7,414
payment thereof from such fund shall be made or provided for by 7,415
the treasurer of state in accordance with such bond proceedings 7,416
without necessity for any act or appropriation. 7,417
(T) The obligations, the transfer thereof, and the income 7,419
therefrom, including any profit made on the sale thereof, at all 7,421
times shall be free from taxation within the state.
Sec. 3318.29. The maximum maturity of any obligations 7,430
issued pursuant to section 3318.26 of the Revised Code to provide 7,431
moneys for the school building program assistance fund shall be 7,432
ten years. The terms of the obligations shall be such that in 7,433
any fiscal year the aggregate amount of moneys from the lottery 7,434
profits education fund, and not from other sources, that are 7,435
pledged to pay bond service charges on obligations issued to 7,436
provide moneys for the school building program assistance fund 7,437
shall not exceed ten million dollars. 7,438
As used in this section, "other sources" includes the 7,440
annual investment income on special funds to the extent the 7,441
income will be available for payment of any bond service charges 7,442
in lieu of use of moneys from the lottery profits education fund. 7,443
The annual investment income shall be estimated on the basis of 7,444
the expected funding of those special funds and assumed 7,445
investment earnings thereon at a rate equal to the weighted 7,446
average yield on investments of those special funds determined as 7,447
of any date within sixty days immediately preceding the date of 7,448
issuance of the bonds in respect of which the determination is 7,449
being made. 7,450
The determinations required by this section shall be made 7,452
by the treasurer of state at the time of issuance of an issue of 7,453
obligations and shall be conclusive for purposes of such issuance 7,454
167
of obligations from and after their issuance and delivery. 7,455
The maximum maturity of obligations issued pursuant to 7,457
section 3318.26 of the Revised Code to provide moneys for the 7,458
school district facilities fund shall not exceed the maximum 7,459
maturity of the loan made from such fund pursuant to section 7,460
3318.24 of the Revised Code utilizing the proceeds of such 7,461
obligations or ten years, whichever is less. The terms of the 7,462
obligations shall be such that in any fiscal year the aggregate 7,463
amount of moneys from the public school building fund that are 7,464
pledged to pay bond service charges on obligations issued to 7,465
provide moneys for the school districts facilities fund shall not 7,466
exceed an amount which shall be established by the Ohio school 7,467
facilities commission. 7,468
Sec. 3318.31. (A) The Ohio school facilities commission 7,479
may perform any act and ensure the performance of any function 7,480
necessary or appropriate to carry out the purposes of, and 7,481
exercise the powers granted under, sections 3318.01 to 3318.33 7,482
AND SECTION 3318.36 of the Revised Code, including any of the 7,483
following: 7,484
(1) Employ and fix the compensation of such employees as 7,488
will facilitate the activities and purposes of the commission, 7,489
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 7,492
of the Revised Code, rules for the administration of sections 7,494
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 7,496
(3) Contract with, retain the services of, or designate, 7,499
and fix the compensation of, such agents, accountants, 7,500
consultants, advisers, and other independent contractors as may 7,501
be necessary or desirable to carry out the purposes of sections 7,502
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 7,503
(4) Receive and accept any gifts, grants, donations, and 7,506
pledges, and receipts therefrom, to be used for the purposes of 7,507
sections 3318.01 to 3318.33 AND SECTION 3318.36 of the Revised 7,508
Code.
168
(5) Make and enter into all contracts, commitments, and 7,511
agreements, and execute all instruments, necessary or incidental 7,512
to the performance of its duties and the execution of its rights 7,513
and powers under sections 3318.01 to 3318.33 AND SECTION 3318.36 7,514
of the Revised Code. 7,515
(B) The attorney general shall serve as the legal 7,518
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 7,520
of the Revised Code. 7,521
Sec. 3318.33. (A) THERE IS HEREBY CREATED IN THE STATE 7,523
TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL 7,524
CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY 7,525
AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION 7,526
UNDER SECTION 3318.31 OF THE REVISED CODE. INVESTMENT EARNINGS 7,528
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 7,530
ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING
EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING 7,531
BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING 7,532
PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY 7,533
THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER 7,534
CHAPTER 3318. OF THE REVISED CODE. 7,535
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO 7,537
THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT 7,538
EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION 7,539
3318.15 OF THE REVISED CODE. THE DIRECTOR OF BUDGET AND 7,540
MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION 7,541
FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM 7,542
ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED 7,543
CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL 7,544
ARBITRAGE REBATE REQUIREMENTS.
Sec. 3318.35. (A) As used in this section: 7,553
(1) "Adjusted valuation per pupil" has MEANS the same 7,555
meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT 7,556
169
OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of 7,558
the Revised Code.
(2) "Ohio school facilities commission" has the same 7,561
meaning as in section 3318.01 of the Revised Code. 7,562
(B) The Ohio school facilities commission shall establish 7,565
and administer the emergency school building repair program. 7,566
Under the program, the commission shall distribute moneys 7,567
appropriated by the general assembly for such purpose to school 7,568
districts, beginning with those districts with an A CURRENT, 7,569
ONE-YEAR adjusted valuation per pupil less than the CURRENT, 7,571
ONE-YEAR adjusted valuation per pupil of the school district with 7,572
the two hundred ninety-third lowest adjusted valuation per pupil 7,573
in the state. The commission shall submit to the controlling 7,575
board for its approval or disapproval requests for allocations of 7,577
lump sums of money from which the commission may disburse funds 7,578
to school districts upon determining that the districts qualify 7,579
for emergency building repair assistance. Any school district 7,581
that receives moneys under this section shall expend them only to 7,582
repair the following:
(1) Heating systems; 7,584
(2) Floors, roofs, and exterior doors; 7,586
(3) Air ducts and other air ventilation devices; 7,589
(4) Emergency exit or egress passageway lighting; 7,591
(5) Fire alarm systems; 7,593
(6) Handicapped access needs; 7,595
(7) Sewage systems; 7,597
(8) Water supplies; 7,599
(9) Asbestos removal; and 7,601
(10) Any other repairs to a school building that meet the 7,604
requirements of the life safety code, as interpreted by the 7,605
commission.
(C) The Ohio school facilities commission shall adopt 7,608
rules in accordance with Chapter 119. of the Revised Code 7,609
necessary to carry out its duties and responsibilities under this 7,610
170
section.
Sec. 3318.36. (A) AS USED IN THIS SECTION: 7,612
(1) "OHIO SCHOOL FACILITIES COMMISSION," "CLASSROOM 7,614
FACILITIES," "SCHOOL DISTRICT," "SCHOOL DISTRICT BOARD," "NET 7,615
BONDED INDEBTEDNESS," "REQUIRED PERCENTAGE OF THE BASIC PROJECT 7,616
COSTS," "BASIC PROJECT COST," "VALUATION," AND "PERCENTILE" HAVE 7,617
THE SAME MEANINGS AS IN SECTION 3318.01 OF THE REVISED CODE. 7,618
(2) "REQUIRED LEVEL OF INDEBTEDNESS" MEANS FIVE PER CENT 7,620
OF THE SCHOOL DISTRICT'S VALUATION FOR THE YEAR PRECEDING THE 7,621
YEAR IN WHICH THE COMMISSION AND SCHOOL DISTRICT ENTER INTO AN 7,622
AGREEMENT UNDER DIVISION (B) OF THIS SECTION, PLUS [TWO 7,624
ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN 7,625
WHICH THE DISTRICT RANKS IN THE FISCAL YEAR THE COMMISSION AND 7,626
THE SCHOOL DISTRICT ENTER INTO SUCH AGREEMENT MINUS ONE)<. 7,627
(B) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 7,629
ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM. UNDER THE 7,630
PROGRAM, THE OHIO SCHOOL FACILITIES COMMISSION MAY ENTER INTO AN 7,631
AGREEMENT WITH THE SCHOOL DISTRICT BOARD OF ANY SCHOOL DISTRICT 7,633
RANKED IN THE TWENTIETH TO FORTIETH PERCENTILES, AS DETERMINED
UNDER SECTION 3318.011 OF THE REVISED CODE IN THE FISCAL YEAR 7,635
THAT THE COMMISSION AND SCHOOL DISTRICT BOARD ENTER INTO SUCH 7,637
AGREEMENT. UNDER THE AGREEMENT, THE SCHOOL DISTRICT BOARD MAY 7,638
PROCEED WITH THE NEW CONSTRUCTION OR MAJOR REPAIRS OF A PART OF 7,639
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, AS DETERMINED 7,640
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THROUGH 7,641
THE EXPENDITURE OF LOCAL RESOURCES PRIOR TO THE SCHOOL DISTRICT'S 7,642
ELIGIBILITY FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 7,643
3318.20 OF THE REVISED CODE AND MAY APPLY THAT EXPENDITURE TOWARD 7,644
MEETING THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST 7,645
OF THE TOTAL OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, 7,647
AS DETERMINED UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 7,648
CODE AND AS RECALCULATED UNDER DIVISION (E) OF THIS SECTION, THAT 7,649
ARE ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 7,650
3318.20 OF THE REVISED CODE WHEN THE SCHOOL DISTRICT BECOMES 7,652
171
ELIGIBLE FOR SUCH STATE ASSISTANCE.
THE COMMISSION MAY ENTER INTO AN AGREEMENT UNDER THIS 7,654
SECTION WITH NO MORE THAN FIVE SCHOOL DISTRICTS EACH YEAR. 7,655
TO PARTICIPATE IN THE PROGRAM, A SCHOOL DISTRICT BOARD 7,657
SHALL FIRST ADOPT A RESOLUTION CERTIFYING TO THE COMMISSION THE 7,658
BOARD'S INTENT TO PARTICIPATE IN THE PROGRAM. 7,659
THE COMMISSION SHALL CONSIDER SCHOOL DISTRICTS FOR 7,661
PARTICIPATION IN THE PROGRAM UNDER THIS SECTION EACH YEAR IN THE 7,662
ORDER IN WHICH THEY ADOPT THE RESOLUTIONS REQUIRED UNDER THIS 7,663
SECTION AND SUBMIT THEM TO THE COMMISSION.
ANY PROJECT UNDER THIS SECTION SHALL COMPLY WITH SECTION 7,665
3318.03 OF THE REVISED CODE AND WITH ANY SPECIFICATIONS FOR PLANS 7,666
AND MATERIALS FOR CLASSROOM FACILITIES ADOPTED BY THE COMMISSION 7,668
UNDER SECTION 3318.04 OF THE REVISED CODE. 7,669
(C) IF THE COMMISSION AND A SCHOOL DISTRICT BOARD ENTER 7,671
INTO AN AGREEMENT AUTHORIZED UNDER DIVISION (B) OF THIS SECTION, 7,672
THE COMMISSION SHALL CONDUCT ON-SITE VISITS TO THE SCHOOL 7,673
DISTRICT AND SHALL CONDUCT AN ASSESSMENT OF THE SCHOOL DISTRICT'S 7,675
CLASSROOM FACILITIES NEEDS AS AUTHORIZED IN SECTION 3318.021 OF 7,676
THE REVISED CODE WITHIN SIX MONTHS OF THE EXECUTION OF THE 7,677
AGREEMENT. BASED ON THE RESULTS OF THE ON-SITE VISITS AND 7,678
ASSESSMENT, THE COMMISSION SHALL DETERMINE THE BASIC PROJECT COST 7,679
OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE 7,680
COMMISSION SHALL DETERMINE THE SCHOOL DISTRICT'S PORTION OF SUCH 7,681
BASIC PROJECT COST, WHICH SHALL BE THE GREATER OF: 7,682
(1) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 7,684
DETERMINED BASED ON THE SCHOOL DISTRICT'S PERCENTILE RANKING IN 7,685
THE FISCAL YEAR THE COMMISSION AND THE SCHOOL DISTRICT ENTER INTO 7,686
THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION; 7,687
(2) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 7,689
BONDED INDEBTEDNESS, AS OF THE FISCAL YEAR THE COMMISSION AND THE 7,690
SCHOOL DISTRICT ENTER INTO THE AGREEMENT UNDER DIVISION (B) OF 7,691
THIS SECTION, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED 7,692
LEVEL OF INDEBTEDNESS.
172
(D)(1) WHEN THE COMMISSION DETERMINES THE BASIC PROJECT 7,694
COST OF THE CLASSROOM FACILITIES NEEDS OF A SCHOOL DISTRICT AND 7,695
THE SCHOOL DISTRICT'S PORTION OF THAT BASIC PROJECT COST UNDER 7,697
DIVISION (C) OF THIS SECTION, THE PROJECT SHALL BE CONDITIONALLY 7,698
APPROVED. SUCH CONDITIONAL APPROVAL SHALL BE SUBMITTED TO THE 7,699
CONTROLLING BOARD FOR APPROVAL THEREOF. THE CONTROLLING BOARD 7,700
SHALL FORTHWITH APPROVE OR REJECT THE COMMISSION'S DETERMINATION, 7,701
CONDITIONAL APPROVAL, AND THE AMOUNT OF THE STATE'S PORTION OF 7,702
THE BASIC PROJECT COST; HOWEVER, NO STATE FUNDS SHALL BE 7,703
ENCUMBERED UNDER THIS SECTION. UPON APPROVAL BY THE CONTROLLING 7,704
BOARD, THE SCHOOL DISTRICT BOARD MAY IDENTIFY A DISCRETE PART OF 7,706
ITS CLASSROOM FACILITIES NEEDS, WHICH SHALL INCLUDE ONLY NEW 7,707
CONSTRUCTION OF OR ADDITIONS OR MAJOR REPAIRS TO A PARTICULAR 7,708
BUILDING, TO ADDRESS WITH LOCAL RESOURCES. UPON IDENTIFYING A 7,710
PART OF THE SCHOOL DISTRICT'S BASIC PROJECT COST TO ADDRESS WITH 7,711
LOCAL RESOURCES, THE SCHOOL DISTRICT BOARD MAY ALLOCATE ANY 7,712
AVAILABLE SCHOOL DISTRICT MONEYS TO PAY THE COST OF THAT 7,713
IDENTIFIED PART, INCLUDING THE PROCEEDS OF AN ISSUANCE OF BONDS
IF APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT. 7,715
ALL LOCAL RESOURCES UTILIZED UNDER THIS DIVISION SHALL 7,717
FIRST BE DEPOSITED IN THE PROJECT CONSTRUCTION ACCOUNT REQUIRED 7,718
UNDER SECTION 3318.08 OF THE REVISED CODE.
(2) FOR A SCHOOL DISTRICT TO QUALIFY FOR PARTICIPATION IN 7,720
THE PROGRAM AUTHORIZED UNDER THIS SECTION, THE ELECTORS OF THE 7,721
SCHOOL DISTRICT BY A MAJORITY VOTE SHALL APPROVE THE LEVY OF 7,722
TAXES OUTSIDE THE TEN-MILL LIMITATION FOR A PERIOD NOT TO EXCEED 7,723
TWENTY-THREE YEARS AT THE RATE OF ONE-HALF MILL FOR EACH DOLLAR 7,724
OF VALUATION TO BE USED TO PAY THE COST OF MAINTAINING THE 7,725
CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST AS 7,726
DETERMINED BY THE COMMISSION. THE FORM OF THE BALLOT TO BE USED 7,727
TO SUBMIT THE QUESTION WHETHER TO APPROVE THE TAX REQUIRED UNDER 7,728
THIS DIVISION TO THE ELECTORS OF THE SCHOOL DISTRICT SHALL BE THE 7,729
FORM FOR AN ADDITIONAL LEVY OF TAXES PRESCRIBED IN DIVISION (C) 7,730
OF SECTION 3318.06 OF THE REVISED CODE. PROCEEDS OF THIS 7,731
173
ADDITIONAL LEVY OF TAXES SHALL BE DEPOSITED INTO A SEPARATE FUND 7,732
AS SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED 7,733
CODE.
(E) IF THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 7,735
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 7,737
BASED ON ITS PERCENTILE RANKING AS DETERMINED UNDER DIVISION (B) 7,738
OF THIS SECTION, THE COMMISSION SHALL CONDUCT A NEW ASSESSMENT OF 7,739
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS AND SHALL 7,740
RECALCULATE THE BASIC PROJECT COST BASED ON THIS NEW ASSESSMENT. 7,741
THE BASIC PROJECT COST RECALCULATED UNDER THIS DIVISION SHALL 7,742
INCLUDE THE AMOUNT OF EXPENDITURES MADE BY THE SCHOOL DISTRICT 7,743
BOARD UNDER DIVISION (D)(1) OF THIS SECTION. THE COMMISSION
SHALL THEN RECALCULATE THE SCHOOL DISTRICT'S PORTION OF THE NEW 7,744
BASIC PROJECT COST BY UTILIZING THE PROPORTION OF THE ORIGINAL 7,745
BASIC PROJECT COST ASSIGNED TO THE SCHOOL DISTRICT AS ITS PORTION 7,746
UNDER DIVISION (C) OF THIS SECTION. THE COMMISSION SHALL DEDUCT 7,747
THE EXPENDITURE OF SCHOOL DISTRICT MONEYS MADE UNDER DIVISION 7,748
(D)(1) OF THIS SECTION FROM THE SCHOOL DISTRICT'S PORTION OF THE 7,749
BASIC PROJECT COST AS RECALCULATED UNDER THIS DIVISION. IF THE 7,750
AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE SCHOOL 7,751
DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE BASIC 7,753
PROJECT COST UNDER THIS SECTION IS LESS THAN THE TOTAL AMOUNT OF 7,754
SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE SCHOOL
DISTRICT BOARD BY A MAJORITY VOTE OF ALL OF ITS MEMBERS SHALL, IF 7,755
IT DESIRES TO SEEK STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 7,756
3318.20 OF THE REVISED CODE, ADOPT A RESOLUTION AS SPECIFIED IN 7,758
SECTION 3318.06 OF THE REVISED CODE TO SUBMIT TO THE ELECTORS OF 7,760
THE SCHOOL DISTRICT THE QUESTION OF APPROVAL OF A BOND ISSUE IN 7,761
ORDER TO PAY ANY ADDITIONAL AMOUNT OF SCHOOL DISTRICT PORTION 7,762
REQUIRED FOR STATE ASSISTANCE. THE TAX LEVY APPROVED UNDER 7,763
DIVISION (D)(2) OF THIS SECTION SHALL SATISFY THE REQUIREMENTS TO 7,764
LEVY THE ONE-HALF MILL ADDITIONAL TAX UNDER SECTION 3318.06 OF 7,765
THE REVISED CODE.
IF THE AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE 7,767
174
SCHOOL DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE 7,768
BASIC PROJECT COST UNDER THIS SECTION IS MORE THAN THE TOTAL 7,769
AMOUNT OF SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE 7,770
COMMISSION MAY REIMBURSE TO THE SCHOOL DISTRICT THE DIFFERENCE 7,771
BETWEEN THE TWO CALCULATED PORTIONS, BUT AT NO TIME SHALL THE 7,772
COMMISSION EXPEND ANY STATE FUNDS ON A PROJECT IN AN AMOUNT 7,773
GREATER THAN THE STATE'S PORTION OF THE BASIC PROJECT COST AS 7,774
RECALCULATED UNDER THIS DIVISION. 7,775
Sec. 3319.22. (A) The state board of education shall 7,784
adopt rules establishing the standards and requirements for 7,785
obtaining temporary, associate, provisional, and professional 7,786
educator licenses of any categories, types, and levels the board 7,787
elects to provide. However, no educator license shall be 7,788
required for teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends, 7,790
or rescinds for educator licenses under this section, division 7,791
(D) of section 3301.07 of the Revised Code, or any other law 7,792
shall be adopted, amended, or rescinded under Chapter 119. of the 7,793
Revised Code except as follows: 7,794
(1) Notwithstanding division (D) of section 119.03 and 7,797
division (A)(1) of section 119.04 of the Revised Code, the 7,798
effective date of any rules, or amendment or rescission of any 7,799
rules, shall not be as prescribed in division (D) of section 7,800
119.03 and division (A)(1) of section 119.04 of the Revised Code. 7,801
Instead, the rules or amendment or rescission of the rules shall 7,802
take effect only after the rules or amendment or rescission of 7,803
the rules are filed with the chairpersons of the committees of 7,804
the house of representatives and of the senate that are primarily 7,805
responsible for consideration of education legislation and only 7,806
after approval by the general assembly through adoption of a 7,807
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 7,808
the rules shall be the later of the date on which the concurrent 7,809
resolution is adopted by the second house or the date prescribed 7,810
175
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 7,812
rescind emergency rules in division (F) of section 119.03 of the 7,813
Revised Code, this authority shall not apply to the state board 7,814
of education with regard to rules for educator licenses. 7,815
(C)(1) The rules adopted under this section establishing 7,817
standards requiring additional coursework for the renewal of any 7,818
educator license shall require a school district and a chartered 7,819
nonpublic school to establish local professional development 7,820
committees. In a nonpublic school, the chief administrative 7,821
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 7,822
shall determine whether coursework that a district or chartered 7,823
nonpublic school teacher proposes to complete meets the 7,824
requirement of the rules. The rules shall establish a procedure 7,825
by which a teacher may appeal the decision of a local 7,826
professional development committee.
(2) In any school district in which there is no exclusive 7,828
representative established under Chapter 4117. of the Revised 7,829
Code, the professional development committees shall be 7,830
established as described in division (C)(2) of this section. 7,831
Not later than the effective date of the rules adopted 7,833
under this section, the board of education of each school 7,834
district shall establish the structure for one or more local 7,835
professional development committees to be operated by such school 7,836
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 7,837
an anniversary of the date upon which the current committee 7,838
structure was established, the board provides notice to all 7,839
affected district employees that the committee structure is to be 7,840
modified. Professional development committees may have a
district-level or building-level scope of operations, and may be 7,841
established with regard to particular grade or age levels for 7,843
which an educator license is designated. 7,844
176
Each professional development committee shall consist of at 7,846
least three classroom teachers employed by the district, one 7,847
principal employed by the district, and one other employee of the 7,848
district appointed by the district superintendent. For 7,849
committees with a building-level scope, the teacher and principal 7,851
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 7,852
teachers assigned to that building. For committees with a 7,853
district-level scope, the teacher members shall be elected by 7,855
majority vote of the classroom teachers of the district, and the 7,856
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 7,857
principals employed by the district, in which case the one or two 7,858
principals employed shall serve on the committee. If a committee 7,859
has a particular grade or age level scope, the teacher members 7,860
shall be licensed to teach such grade or age levels, and shall be 7,861
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 7,862
serving in buildings where any such teachers serve. The district 7,863
superintendent shall appoint a replacement to fill any vacancy 7,864
that occurs on a professional development committee, except in 7,865
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 7,866
of the committee so selected. 7,867
Terms of office on professional development committees 7,869
shall be prescribed by the district board establishing the 7,870
committees. The conduct of elections for members of professional 7,871
development committees shall be prescribed by the district board 7,872
establishing the committees. A professional development
committee may include additional members, except that the 7,873
majority of members on each such committee shall be classroom 7,874
teachers employed by the district. Any member appointed to fill 7,875
a vacancy occurring prior to the expiration date of the term for 7,876
which a predecessor was appointed shall hold office as a member 7,877
177
for the remainder of that term.
The initial meeting of any professional development 7,879
committee, upon election and appointment of all committee 7,880
members, shall be called by a member designated by the district 7,881
superintendent. At this initial meeting, the committee shall 7,882
select a chairperson and such other officers the committee deems 7,883
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 7,884
chairperson or upon the filing of a petition with the district 7,885
superintendent signed by a majority of the committee members 7,886
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 7,888
representative has been established pursuant to Chapter 4117. of 7,889
the Revised Code, professional development committees shall be 7,890
established in accordance with any collective bargaining 7,891
agreement in effect in the district that includes provisions for
such committees. 7,892
If the collective bargaining agreement does not specify a 7,894
different method for the selection of teacher members of the 7,895
committees, the exclusive representative of the district's 7,896
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 7,898
different structure for the committees, the board of education of 7,899
the school district shall establish the structure, including the 7,900
number of committees and the number of teacher and administrative 7,901
members on each committee; the specific administrative members to 7,902
be part of each committee; whether the scope of the committees 7,903
will be district levels, building level LEVELS, or by type of 7,904
grade or age levels for which educator licenses are designated; 7,905
the lengths of terms for members; the manner of filling vacancies 7,906
on the committees; and the frequency and time and place of 7,907
meetings. However, in all cases, except as provided in division 7,908
(C)(4) of this section, there shall be a majority of teacher 7,909
members of any professional development committee, there shall be 7,910
178
at least five total members of any professional development
committee, and the exclusive representative shall designate 7,911
replacement members in the case of vacancies among teacher 7,912
members, unless the collective bargaining agreement specifies a 7,913
different method of selecting such replacements. 7,914
(4) Whenever an administrator's coursework plan is being 7,917
discussed or voted upon, the local professional development 7,918
committee shall, at the request of one of its administrative 7,919
members, cause a majority of the committee to consist of 7,920
administrative members by reducing the number of teacher members 7,921
voting on the plan. 7,922
(5) A PUBLIC INSTITUTION OR AGENCY THAT PROVIDES 7,924
EDUCATIONAL SERVICES AND EMPLOYS OR CONTRACTS FOR SERVICES OF 7,925
LICENSED EDUCATORS MAY ESTABLISH A LOCAL PROFESSIONAL DEVELOPMENT 7,926
COMMITTEE. THE LOCAL PROFESSIONAL DEVELOPMENT COMMITTEE MAY 7,927
DETERMINE WHETHER THE COURSEWORK THOSE EDUCATORS PROPOSE TO 7,928
COMPLETE MEETS THE REQUIREMENT OF THE RULES ADOPTED UNDER THIS
SECTION FOR RENEWAL OF THEIR EDUCATOR LICENSES IF THE COMMITTEE'S 7,929
STRUCTURE AND MEMBERSHIP IS APPROVED BY THE DEPARTMENT OF 7,930
EDUCATION. THE DEPARTMENT SHALL ISSUE GUIDELINES FOR THE 7,931
STRUCTURE OF LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES 7,932
ESTABLISHED BY PUBLIC INSTITUTIONS OR AGENCIES.
Sec. 3319.235. (A) The standards for the preparation of 7,941
teachers adopted under section 3319.23 of the Revised Code shall 7,942
require any institution that provides a course of study for the 7,943
training of teachers to ensure that graduates of such course of 7,944
study are skilled at integrating educational technology in the 7,945
instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner 7,946
prescribed by the department of education or completed a course 7,947
that includes training in such skills. 7,948
(B) The office of information, learning, and technology 7,951
OHIO SCHOOLNET COMMISSION, established in division (B) of 7,952
PURSUANT TO section 3301.80 of the Revised Code, shall establish 7,954
179
model professional development programs to assist teachers who
completed their teacher preparation prior to the effective date 7,956
of division (A) of this section to become skilled at integrating 7,957
educational technology in the instruction of children. The 7,958
office COMMISSION shall provide technical assistance to school 7,960
districts wishing to establish such programs.
Sec. 3324.01. AS USED IN THIS SECTION AND SECTIONS 3324.02 7,962
THROUGH 3324.06 OF THE REVISED CODE: 7,963
(A) "APPROVED" MEANS APPROVED BY THE DEPARTMENT OF 7,965
EDUCATION AND INCLUDED ON THE LIST COMPILED BY THE DEPARTMENT 7,966
UNDER SECTION 3324.02 OF THE REVISED CODE. 7,967
(B) "GIFTED" MEANS STUDENTS WHO PERFORM OR SHOW POTENTIAL 7,970
FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN
COMPARED TO OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT AND 7,972
WHO ARE IDENTIFIED UNDER DIVISION (A), (B), (C), OR (D) OF 7,973
SECTION 3324.03 OF THE REVISED CODE. 7,975
(C) "SCHOOL DISTRICT" DOES NOT INCLUDE A JOINT VOCATIONAL 7,977
SCHOOL DISTRICT. 7,978
(D) "SPECIFIC ACADEMIC ABILITY FIELD" MEANS ONE OR MORE OF 7,980
THE FOLLOWING AREAS OF INSTRUCTION: 7,981
(1) MATHEMATICS; 7,983
(2) SCIENCE; 7,985
(3) READING, WRITING, OR A COMBINATION OF THESE SKILLS; 7,987
(4) SOCIAL STUDIES. 7,989
Sec. 3324.02. (A) THE DEPARTMENT OF EDUCATION SHALL 7,991
CONSTRUCT LISTS OF EXISTING ASSESSMENT INSTRUMENTS IT APPROVES 7,992
FOR USE BY SCHOOL DISTRICTS, AND MAY INCLUDE ON THE LISTS AND 7,993
MAKE AVAILABLE TO SCHOOL DISTRICTS ADDITIONAL ASSESSMENT
INSTRUMENTS DEVELOPED BY THE DEPARTMENT. WHEREVER POSSIBLE, THE 7,994
DEPARTMENT SHALL APPROVE ASSESSMENT INSTRUMENTS THAT UTILIZE 7,995
NATIONALLY RECOGNIZED STANDARDS FOR SCORING OR ARE NATIONALLY 7,996
NORMED. THE LISTS OF INSTRUMENTS SHALL INCLUDE: 7,997
(1) INITIAL SCREENING INSTRUMENTS FOR USE IN SELECTING 7,999
POTENTIALLY GIFTED STUDENTS FOR FURTHER ASSESSMENT; 8,000
180
(2) INSTRUMENTS FOR IDENTIFYING GIFTED STUDENTS UNDER 8,003
SECTION 3324.03 OF THE REVISED CODE.
(B) THE DEPARTMENT SHALL ALSO ADOPT RULES FOR THE 8,005
ADMINISTRATION OF ANY TESTS OR ASSESSMENT INSTRUMENTS IT APPROVES 8,006
ON THE LIST REQUIRED BY DIVISION (A) OF THIS SECTION AND FOR 8,007
ESTABLISHING THE SCORES OR PERFORMANCE LEVELS REQUIRED UNDER 8,008
SECTION 3324.03 OF THE REVISED CODE. 8,009
(C) THE DEPARTMENT SHALL ENSURE THAT THE APPROVED LIST OF 8,011
ASSESSMENT INSTRUMENTS UNDER THIS SECTION INCLUDES INSTRUMENTS 8,012
THAT ALLOW FOR APPROPRIATE SCREENING AND IDENTIFICATION OF GIFTED 8,013
MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH DISABILITIES, 8,015
AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE.
(D) DISTRICTS SHALL SELECT SCREENING AND IDENTIFICATION 8,017
INSTRUMENTS FROM THE APPROVED LISTS FOR INCLUSION IN THEIR 8,018
DISTRICT POLICIES. 8,019
(E) THE DEPARTMENT SHALL MAKE INITIAL LISTS OF APPROVED 8,021
ASSESSMENT INSTRUMENTS AND THE RULES FOR THE ADMINISTRATION OF 8,022
THE INSTRUMENTS AVAILABLE BY SEPTEMBER 1, 1999. 8,023
Sec. 3324.03. THE BOARD OF EDUCATION OF EACH SCHOOL 8,025
DISTRICT SHALL IDENTIFY GIFTED STUDENTS IN GRADES KINDERGARTEN 8,026
THROUGH TWELVE AS FOLLOWS: 8,027
(A) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SUPERIOR 8,029
COGNITIVE ABILITY" IF THE STUDENT DID EITHER OF THE FOLLOWING 8,030
WITHIN THE PRECEDING TWENTY-FOUR MONTHS: 8,031
(1) SCORED TWO STANDARD DEVIATIONS ABOVE THE MEAN, MINUS 8,033
THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED INDIVIDUAL 8,034
STANDARDIZED INTELLIGENCE TEST ADMINISTERED BY A LICENSED 8,035
PSYCHOLOGIST;
(2) ACCOMPLISHED ANY ONE OF THE FOLLOWING: 8,037
(a) SCORED AT LEAST TWO STANDARD DEVIATIONS ABOVE THE 8,039
MEAN, MINUS THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED 8,040
STANDARDIZED GROUP INTELLIGENCE TEST; 8,041
(b) PERFORMED AT OR ABOVE THE NINETY-FIFTH PERCENTILE ON 8,043
AN APPROVED INDIVIDUAL OR GROUP STANDARDIZED BASIC OR COMPOSITE 8,044
181
BATTERY OF A NATIONALLY NORMED ACHIEVEMENT TEST; 8,045
(c) ATTAINED AN APPROVED SCORE ON ONE OR MORE ABOVE-GRADE 8,047
LEVEL STANDARDIZED, NATIONALLY NORMED APPROVED TESTS. 8,048
(B) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SPECIFIC 8,050
ACADEMIC ABILITY" SUPERIOR TO THAT OF CHILDREN OF SIMILAR AGE IN 8,051
A SPECIFIC ACADEMIC ABILITY FIELD IF WITHIN THE PRECEDING 8,053
TWENTY-FOUR MONTHS THE STUDENT PERFORMS AT OR ABOVE THE
NINETY-FIFTH PERCENTILE AT THE NATIONAL LEVEL ON AN APPROVED 8,055
INDIVIDUAL OR GROUP STANDARDIZED ACHIEVEMENT TEST OF SPECIFIC 8,056
ACADEMIC ABILITY IN THAT FIELD. A STUDENT MAY BE IDENTIFIED AS 8,057
GIFTED IN MORE THAN ONE SPECIFIC ACADEMIC ABILITY FIELD. 8,058
(C) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "CREATIVE 8,060
THINKING ABILITY" SUPERIOR TO CHILDREN OF A SIMILAR AGE, IF 8,061
WITHIN THE PREVIOUS TWENTY-FOUR MONTHS, THE STUDENT SCORED ONE 8,062
STANDARD DEVIATION ABOVE THE MEAN, MINUS THE STANDARD ERROR OF 8,063
MEASUREMENT, ON AN APPROVED INDIVIDUAL OR GROUP INTELLIGENCE TEST 8,064
AND ALSO DID EITHER OF THE FOLLOWING: 8,065
(1) ATTAINED A SUFFICIENT SCORE, AS ESTABLISHED BY THE 8,067
DEPARTMENT OF EDUCATION, ON AN APPROVED INDIVIDUAL OR GROUP TEST 8,068
OF CREATIVE ABILITY; 8,069
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 8,071
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF CREATIVE 8,072
BEHAVIORS. 8,073
(D) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "VISUAL 8,075
OR PERFORMING ARTS ABILITY" SUPERIOR TO THAT OF CHILDREN OF 8,076
SIMILAR AGE IF THE STUDENT HAS DONE BOTH OF THE FOLLOWING: 8,077
(1) DEMONSTRATED THROUGH A DISPLAY OF WORK, AN AUDITION, 8,079
OR OTHER PERFORMANCE OR EXHIBITION, SUPERIOR ABILITY IN A VISUAL 8,080
OR PERFORMING ARTS AREA; 8,081
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 8,083
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF 8,084
BEHAVIORS RELATED TO A SPECIFIC ARTS AREA. 8,085
Sec. 3324.04. THE BOARD OF EDUCATION OF EACH SCHOOL 8,087
DISTRICT SHALL ADOPT A PLAN BY JANUARY 1, 2000, FOR IDENTIFYING 8,088
182
GIFTED STUDENTS. THE PLAN SHALL BE SUBMITTED TO THE DEPARTMENT 8,089
OF EDUCATION FOR APPROVAL. THE DEPARTMENT SHALL APPROVE THE PLAN 8,091
WITHIN SIXTY DAYS IF IT CONTAINS ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE ASSESSMENT INSTRUMENTS FROM THE 8,093
LIST ADOPTED BY THE DEPARTMENT THAT THE DISTRICT WILL USE TO 8,094
SCREEN AND IDENTIFY GIFTED STUDENTS; 8,095
(B) ACCEPTABLE SCHEDULING PROCEDURES FOR SCREENING AND FOR 8,097
ADMINISTERING ASSESSMENT INSTRUMENTS FOR IDENTIFYING GIFTED 8,098
STUDENTS. THESE PROCEDURES SHALL PROVIDE: 8,100
(1) AT LEAST TWO OPPORTUNITIES A YEAR FOR ASSESSMENT IN 8,102
THE CASE OF STUDENTS REQUESTING ASSESSMENT OR RECOMMENDED FOR 8,103
ASSESSMENT BY TEACHERS, PARENTS, OR OTHER STUDENTS; 8,104
(2) ASSURANCE OF INCLUSION IN SCREENING AND ASSESSMENT 8,106
PROCEDURES FOR MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH 8,107
DISABILITIES, AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE; 8,108
(3) ASSURANCE THAT ANY STUDENT TRANSFERRING INTO THE 8,110
DISTRICT WILL BE ASSESSED WITHIN NINETY DAYS OF THE TRANSFER AT 8,111
THE REQUEST OF A PARENT. 8,112
(C) PROCEDURES FOR NOTIFICATION OF PARENTS WITHIN THIRTY 8,114
DAYS ABOUT THE RESULTS OF ANY SCREENING PROCEDURE OR ASSESSMENT 8,115
INSTRUMENT AND THE PROVISION OF AN OPPORTUNITY FOR PARENTS TO 8,116
APPEAL ANY DECISION ABOUT THE RESULTS OF ANY SCREENING PROCEDURE 8,117
OR ASSESSMENT, THE SCHEDULING OF CHILDREN FOR ASSESSMENT, OR THE 8,118
PLACEMENT OF A STUDENT IN ANY PROGRAM OR FOR RECEIPT OF SERVICES; 8,119
(D) A COMMITMENT THAT THE DISTRICT WILL ACCEPT SCORES ON 8,121
ASSESSMENT INSTRUMENTS PROVIDED BY OTHER SCHOOL DISTRICTS OR 8,122
TRAINED PERSONNEL OUTSIDE THE SCHOOL DISTRICT, PROVIDED THE 8,123
ASSESSMENT INSTRUMENTS ARE ON THE LIST APPROVED BY THE DEPARTMENT 8,124
OF EDUCATION UNDER SECTION 3324.02 OF THE REVISED CODE. 8,125
THE DISTRICT'S PLAN MAY PROVIDE FOR THE DISTRICT TO 8,127
CONTRACT WITH ANY QUALIFIED PUBLIC OR PRIVATE SERVICE PROVIDER TO 8,128
PROVIDE SCREENING OR ASSESSMENT SERVICES UNDER THE PLAN. 8,129
THE DEPARTMENT SHALL ASSIST ANY DISTRICT WHOSE PLAN IT 8,131
DISAPPROVES UNDER THIS SECTION TO AMEND THE PLAN SO THAT IT MEETS 8,132
183
THE REQUIREMENTS OF THIS SECTION. 8,133
Sec. 3324.05. (A) EACH SCHOOL DISTRICT SHALL SUBMIT AN 8,135
ANNUAL REPORT TO THE DEPARTMENT OF EDUCATION SPECIFYING THE 8,136
NUMBER OF STUDENTS IN EACH OF GRADES KINDERGARTEN THROUGH TWELFTH 8,137
SCREENED, THE NUMBER ASSESSED, AND THE NUMBER IDENTIFIED AS 8,138
GIFTED IN EACH CATEGORY SPECIFIED IN SECTION 3324.03 OF THE 8,139
REVISED CODE.
(B) THE DEPARTMENT OF EDUCATION SHALL AUDIT EACH SCHOOL 8,141
DISTRICT'S IDENTIFICATION NUMBERS AT LEAST ONCE EVERY THREE YEARS 8,142
AND MAY SELECT ANY DISTRICT AT RANDOM OR UPON COMPLAINT OR 8,144
SUSPICION OF NONCOMPLIANCE FOR A FURTHER AUDIT TO DETERMINE
COMPLIANCE WITH SECTIONS 3324.03 TO 3324.06 OF THE REVISED CODE. 8,146
(C) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO 8,148
ANY DISTRICT FOUND IN NONCOMPLIANCE UNDER DIVISION (B) OF THIS 8,149
SECTION. THE DEPARTMENT MAY REDUCE FUNDS RECEIVED BY THE 8,150
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE BY ANY AMOUNT IF 8,151
THE DISTRICT CONTINUES TO BE NONCOMPLIANT. 8,153
Sec. 3324.06. THE BOARD OF EDUCATION OF EACH SCHOOL 8,155
DISTRICT SHALL ADOPT A STATEMENT OF ITS POLICY FOR THE SCREENING 8,156
AND IDENTIFICATION OF GIFTED STUDENTS AND SHALL DISTRIBUTE THE 8,157
POLICY STATEMENT TO PARENTS. THE POLICY STATEMENT SHALL SPECIFY: 8,158
(A) THE CRITERIA AND METHODS THE DISTRICT USES TO SCREEN 8,160
STUDENTS AND TO SELECT STUDENTS FOR FURTHER ASSESSMENT WHO 8,161
PERFORM OR SHOW POTENTIAL FOR PERFORMING AT REMARKABLY HIGH 8,162
LEVELS OF ACCOMPLISHMENT IN ONE OF THE GIFTED AREAS SPECIFIED IN 8,164
SECTION 3324.03 OF THE REVISED CODE;
(B) THE SOURCES OF ASSESSMENT DATA THE DISTRICT USES TO 8,166
SELECT STUDENTS FOR FURTHER TESTING AND AN EXPLANATION FOR 8,167
PARENTS OF THE MULTIPLE ASSESSMENT INSTRUMENTS REQUIRED TO 8,169
IDENTIFY GIFTED STUDENTS UNDER SECTION 3324.03 OF THE REVISED 8,170
CODE;
(C) AN EXPLANATION FOR PARENTS OF THE METHODS THE DISTRICT 8,172
USES TO ENSURE EQUAL ACCESS TO SCREENING AND FURTHER ASSESSMENT 8,173
BY ALL DISTRICT STUDENTS, INCLUDING MINORITY OR DISADVANTAGED 8,175
184
STUDENTS, CHILDREN WITH DISABILITIES, AND STUDENTS FOR WHOM 8,176
ENGLISH IS A SECOND LANGUAGE;
(D) PROVISIONS TO ENSURE EQUAL OPPORTUNITY FOR ALL 8,178
DISTRICT STUDENTS IDENTIFIED AS GIFTED TO RECEIVE ANY SERVICES 8,179
OFFERED BY THE DISTRICT; 8,180
(E) PROVISIONS FOR STUDENTS TO WITHDRAW FROM GIFTED 8,182
PROGRAMS OR SERVICES, FOR REASSESSMENT OF STUDENTS, AND FOR 8,183
ASSESSMENT OF STUDENTS TRANSFERRING INTO THE DISTRICT; 8,184
(F) METHODS FOR RESOLVING DISAGREEMENTS BETWEEN PARENTS 8,186
AND THE DISTRICT CONCERNING IDENTIFICATION AND PLACEMENT 8,187
DECISIONS.
A COPY OF THE DISTRICT'S POLICY ADOPTED UNDER THIS SECTION 8,189
SHALL ACCOMPANY THE DISTRICT'S PLAN SUBMITTED TO THE DEPARTMENT 8,190
OF EDUCATION UNDER SECTION 3324.04 OF THE REVISED CODE. 8,191
Sec. 3332.05. (A) The state board of proprietary school 8,200
registration shall issue a certificate of registration to an 8,201
applicant of good reputation seeking to offer one or more 8,202
programs upon receipt of the fee established in accordance with 8,203
section 3332.07 of the Revised Code and upon determining the 8,204
applicant has the facilities, resources, and faculty to provide 8,205
students with the kind of instruction that it proposes to offer 8,206
and meets the minimum standards of the board. A certificate of 8,207
registration shall be granted or denied within one hundred twenty 8,208
days of the receipt of the application therefor by the board. A 8,209
person shall obtain a separate certificate for each location at 8,210
which he THE PERSON offers programs. A THE FIRST certificate of 8,212
registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS 8,213
AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS 8,214
EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF 8,215
THE REVISED CODE. ANY OTHER CERTIFICATE OF REGISTRATION is valid 8,216
for two years, unless earlier revoked for cause by the board 8,217
UNDER THAT SECTION. 8,218
(B) The board shall issue program authorization for an 8,220
associate degree, certificate, or diploma program to an applicant 8,221
185
holding a certificate of registration issued pursuant to division 8,222
(A) of this section upon receipt of the fee established in 8,223
accordance with section 3332.07 of the Revised Code and upon 8,224
determining the applicant has the facilities, resources, and 8,225
faculty to provide students the kind of program it proposes to 8,226
offer and meets the minimum standards of the state board. 8,227
The state board shall promptly furnish the Ohio board of 8,229
regents a copy of all applications for issuance or renewal of 8,230
program authorization to offer any associate degree program. 8,231
Prior to the issuance or renewal of such program authorization 8,232
the state board shall conduct an on-site visit of the school 8,233
proposing the program. A representative of the board of regents 8,234
shall participate in the visit. Within twenty-one days of the 8,235
on-site visit the representative of the board of regents shall 8,236
provide the state board with a written statement recommending 8,237
approval or disapproval of the application. 8,238
Any program authorization issued by the board under this 8,240
division is valid only for the specified program at the location 8,241
for which it is issued and does not cover any other program 8,242
offered at the school or at other schools operated by the owner. 8,243
Program authorization is valid for the period of time specified 8,244
by the board, unless earlier suspended or revoked for cause by 8,245
the board UNDER SECTION 3332.09 OF THE REVISED CODE. 8,246
(C) The state board shall accept and review all 8,248
applications for program authorization for baccalaureate, 8,249
master's, and doctoral degree programs only from schools holding 8,250
certificates of registration issued by the board that have held 8,251
such certificates for the ten previous consecutive years. After 8,252
review the board shall refer any application it finds valid to 8,253
the Ohio board of regents for approval. The board of regents 8,254
shall review, and approve or disapprove, such degree programs and 8,255
if so approved, issue certificates of authorization to such 8,256
schools to offer such degree programs pursuant to Chapter 1713. 8,257
of the Revised Code. The board of regents shall notify the state 8,258
186
board of proprietary school registration of each school 8,259
registered with the state board that receives a certificate of 8,260
authorization and the approval to offer any degree program. Upon 8,261
receipt of such notification and the fee established in 8,262
accordance with section 3332.07 of the Revised Code, the state 8,263
board shall review, and may issue program authorization to offer, 8,264
such a degree program. Any program authorization issued by the 8,265
board under this division is valid only for the specified program 8,266
at the location for which it is issued and does not cover any 8,267
other program offered at the school or at other schools operated 8,268
by the owner. Program authorization is valid for the period of 8,269
time specified by the board, unless earlier suspended or revoked 8,270
for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE. 8,271
The state board shall not issue such program authorization unless 8,273
the degree program has been approved by the board of regents. 8,274
(D) The board may cause an investigation to be made into 8,276
the correctness of the information submitted in any application 8,277
received under this section. If the board believes that false, 8,278
misleading, or incomplete information has been submitted to it in 8,279
connection with any application, the board shall conduct a 8,280
hearing on the matter pursuant to Chapter 119. of the Revised 8,281
Code, and may withhold a certificate of registration or program 8,282
authorization upon finding that the applicant has failed to meet 8,283
the standards for such certificate or program authorization or 8,284
has submitted false, misleading, or incomplete information to the 8,285
board. Application for a certificate of registration or program 8,286
authorization shall be made in writing to the board on forms 8,287
furnished by the board. A certificate of registration or 8,288
program authorization is not transferable and shall be 8,289
prominently displayed on the premises of an institution. 8,290
The board shall assign registration numbers to all schools 8,292
registered with it. Schools shall display their registration 8,293
numbers on all school publications and on all advertisements 8,294
bearing the name of the school. 8,295
187
Notwithstanding the requirements of this section for 8,297
issuance of certificates of registration and program 8,298
authorization, the board may, in accordance with rules adopted by 8,299
it, grant certificates of registration and program authorization 8,300
to schools, colleges, institutes, or universities that have been 8,301
approved by the state department of education pursuant to the 8,302
"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771. 8,303
Sec. 3332.07. (A) Each application for issuance and 8,312
renewal of a certificate of registration, for the issuance and 8,313
renewal of program authorization, for issuance and renewal of 8,314
agent's permits, and for any other service specified by the state 8,315
board of proprietary school registration shall be accompanied by 8,316
the required fee. Fees submitted under this section are not 8,317
returnable even if approval or renewal is denied. 8,318
(B) Fee schedules for the issuance and renewal of 8,320
certificates of registration, for the issuance and renewal of 8,321
program authorization, for issuance and renewal of agent's 8,322
permits, and for any other service specified by the board shall 8,323
be established by rule adopted by the state board. THE FEE FOR A 8,324
ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE 8,325
FOR A TWO-YEAR CERTIFICATE. 8,326
(C) If in any fiscal year the amount received in fees 8,328
under this section does not equal or exceed fifty per cent of 8,329
board expenditures for the fiscal year, the board shall increase 8,330
fees for the ensuing fiscal year by an amount estimated to be 8,331
sufficient to produce revenues equal to fifty per cent of 8,332
estimated expenditures for that ensuing fiscal year. 8,333
Sec. 3333.04. The Ohio board of regents shall: 8,342
(A) Make studies of state policy in the field of higher 8,344
education and formulate a master plan for higher education for 8,345
the state, considering the needs of the people, the needs of the 8,346
state, and the role of individual public and private institutions 8,347
within the state in fulfilling these needs; 8,348
(B)(1) Report annually to the governor and the general 8,350
188
assembly on the findings from its studies and the master plan for 8,351
higher education for the state; 8,352
(2) Report at least semiannually to the general assembly 8,354
and the governor the enrollment numbers at each state-assisted 8,355
institution of higher education. 8,356
(C) Approve or disapprove the establishment of new 8,358
branches or academic centers of state colleges and universities; 8,359
(D) Approve or disapprove the establishment of state 8,361
technical colleges or any other state institution of higher 8,362
education; 8,363
(E) Recommend the nature of the programs, undergraduate, 8,365
graduate, professional, state-financed research, and public 8,366
services which should be offered by the state colleges, 8,367
universities, and other state-assisted institutions of higher 8,368
education in order to utilize to the best advantage their 8,369
facilities and personnel; 8,370
(F) Recommend to the state colleges, universities, and 8,372
other state-assisted institutions of higher education graduate or 8,373
professional programs, including, but not limited to, doctor of 8,374
philosophy, doctor of education, and juris doctor programs, that 8,375
could be eliminated because they constitute unnecessary 8,376
duplication, as shall be determined using the process developed 8,377
pursuant to this section, or for other good and sufficient cause. 8,378
For purposes of determining the amounts of any state 8,379
instructional subsidies paid to these colleges, universities, and 8,380
institutions, the board may exclude students enrolled in any 8,381
program that the board has recommended for elimination pursuant 8,382
to this division except that the board shall not exclude any such 8,383
student who enrolled in the program prior to the date on which 8,384
the board initially commences to exclude students under this 8,385
division. The board of regents and these colleges, universities, 8,386
and institutions shall jointly develop a process for determining 8,387
which existing graduate or professional programs constitute 8,388
unnecessary duplication. 8,389
189
(G) Recommend to the state colleges, universities, and 8,391
other state-assisted institutions of higher education programs 8,392
which should be added to their present programs; 8,393
(H) Conduct studies for the state colleges, universities, 8,395
and other state-assisted institutions of higher education to 8,396
assist them in making the best and most efficient use of their 8,397
existing facilities and personnel; 8,398
(I) Make recommendations to the governor and general 8,400
assembly concerning the development of state-financed capital 8,401
plans for higher education; the establishment of new state 8,402
colleges, universities, and other state-assisted institutions of 8,403
higher education; and the establishment of new programs at the 8,404
existing state colleges, universities, and other institutions of 8,405
higher education; 8,406
(J) Review the appropriation requests of the public 8,408
community colleges and the state colleges and universities and 8,409
submit to the office of budget and management and to the 8,410
chairpersons of the finance committees of the house of 8,411
representatives and of the senate its recommendations in regard 8,412
to the biennial higher education appropriation for the state, 8,413
including appropriations for the individual state colleges and 8,414
universities and public community colleges. For the purpose of 8,415
determining the amounts of instructional subsidies to be paid to 8,416
state-assisted colleges and universities, the board shall define 8,417
"full-time equivalent student" by program per academic year. The 8,418
definition may take into account the establishment of minimum 8,419
enrollment levels in technical education programs below which 8,420
support allowances will not be paid. Except as otherwise 8,421
provided in this section, the board shall make no change in the 8,422
definition of "full-time equivalent student" in effect on 8,423
November 15, 1981, which would increase or decrease the number of 8,424
subsidy-eligible full-time equivalent students, without first 8,425
submitting a fiscal impact statement to the president of the 8,426
senate, the speaker of the house of representatives, the 8,427
190
legislative budget office of the legislative service commission, 8,428
and the director of budget and management. The board shall work 8,429
in close cooperation with the director of budget and management 8,430
in this respect and in all other matters concerning the 8,431
expenditures of appropriated funds by state colleges, 8,432
universities, and other institutions of higher education. 8,433
(K) Seek the cooperation and advice of the officers and 8,435
trustees of both public and private colleges, universities, and 8,436
other institutions of higher education in the state in performing 8,437
its duties and making its plans, studies, and recommendations; 8,438
(L) Appoint advisory committees consisting of persons 8,440
associated with public or private secondary schools, members of 8,441
the state board of education, or personnel of the state 8,442
department of education; 8,443
(M) Appoint advisory committees consisting of college and 8,445
university personnel, or other persons knowledgeable in the field 8,446
of higher education, or both, in order to obtain their advice and 8,447
assistance in defining and suggesting solutions for the problems 8,448
and needs of higher education in this state; 8,449
(N) Approve or disapprove all new degrees and new degree 8,451
programs at all state colleges, universities, and other 8,452
state-assisted institutions of higher education; 8,453
(O) Adopt such rules as are necessary to carry out its 8,455
duties and responsibilities; 8,456
(P) Establish and submit to the governor and the general 8,458
assembly a clear and measurable set of goals and timetables for 8,459
their achievement for each program under the supervision of the 8,460
board that is designed to accomplish any of the following: 8,461
(1) Increased access to higher education; 8,463
(2) Job training; 8,465
(3) Adult literacy; 8,467
(4) Research; 8,469
(5) Excellence in higher education; 8,471
(6) Reduction in the number of graduate programs within 8,473
191
the same subject area. 8,474
In July of each odd-numbered year, the board of regents 8,476
shall submit to the governor and the general assembly a report on 8,477
progress made toward these goals. 8,478
(Q) Make recommendations to the governor and the general 8,480
assembly regarding the design and funding of the student 8,481
financial aid programs specified in sections 3333.12, 3333.21 to 8,482
3333.27, and 5910.02 of the Revised Code; 8,483
(R) Participate in education-related state or federal 8,485
programs on behalf of the state and assume responsibility for the 8,486
administration of such programs in accordance with applicable 8,487
state or federal law; 8,488
(S) Adopt rules for student financial aid programs as 8,491
required by sections 3333.12, 3333.21 to 3333.27, 3333.28, 8,492
3333.29, and 5910.02 of the Revised Code, and perform any other 8,493
administrative functions assigned to the board by those sections; 8,495
(T) Administer contracts under sections 3702.74 and 8,498
3702.75 of the Revised Code in accordance with rules adopted by 8,500
the director of health under section 3702.79 of the Revised Code; 8,501
(U) REGULARLY MONITOR THE OCCUPANCY RATES OF STATE 8,503
UNIVERSITIES' DORMITORY SYSTEMS FOR THE PURPOSE OF RECOGNIZING 8,504
CIRCUMSTANCES IN WHICH THE FINANCIAL STABILITY OF THOSE 8,506
INSTITUTIONS IS THREATENED BY THE UNAVOIDABLE COSTS OF DEBT
SERVICE AND PLANT MAINTENANCE. IN CONJUNCTION WITH THE 8,507
DEVELOPMENT OF BIENNIAL APPROPRIATION RECOMMENDATIONS, THE BOARD 8,508
SHALL REPORT TO THE GENERAL ASSEMBLY AND THE LEGISLATIVE SERVICE 8,509
COMMISSION ITS RECOMMENDATIONS FOR FINANCIAL ASSISTANCE TO STATE 8,510
UNIVERSITIES WHOSE DORMITORY OCCUPANCY RATES ARE LESS THAN 8,511
SEVENTY-FIVE PER CENT OF DESIGNED CAPACITY AND WHOSE ABILITY TO 8,512
MAINTAIN REQUIRED DEBT PAYMENTS AND REQUIRED PLANT MAINTENANCE 8,513
MAY BE JEOPARDIZED. 8,514
(V) CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED 8,516
INSTITUTIONS OF HIGHER EDUCATION. 8,517
(W) APPOINT CONSORTIUMS OF COLLEGE AND UNIVERSITY 8,519
192
PERSONNEL TO PARTICIPATE IN THE DEVELOPMENT AND OPERATION OF 8,520
STATEWIDE COLLABORATIVE EFFORTS, INCLUDING THE OHIO SUPERCOMPUTER 8,521
CENTER, THE OHIO ACADEMIC RESOURCES NETWORK, OHIOLINK, AND THE 8,523
OHIO LEARNING NETWORK. FOR EACH CONSORTIUM, THE BOARD SHALL 8,524
DESIGNATE A COLLEGE OR UNIVERSITY TO SERVE AS THAT CONSORTIUM'S 8,525
FISCAL AGENT, FINANCIAL OFFICER, AND EMPLOYER. ANY FUNDS 8,526
APPROPRIATED TO THE BOARD FOR CONSORTIUMS SHALL BE DISTRIBUTED TO 8,527
THE FISCAL AGENTS FOR THE OPERATION OF THE CONSORTIUMS. A 8,528
CONSORTIUM SHALL FOLLOW THE RULES OF THE COLLEGE OR UNIVERSITY 8,529
THAT SERVES AS ITS FISCAL AGENT. 8,530
Sec. 3333.12. (A) As used in this section: 8,539
(1) "Eligible student" means an undergraduate student who 8,541
is: 8,542
(a) An Ohio resident; 8,544
(b) Enrolled in either of the following: 8,546
(i) An accredited institution of higher education in this 8,548
state that meets the requirements of Title VI of the Civil Rights 8,549
Act of 1964 and is state-assisted, is nonprofit and has a 8,550
certificate of authorization from the Ohio board of regents 8,551
pursuant to Chapter 1713. of the Revised Code, or has a 8,552
certificate of registration from the state board of proprietary 8,553
school registration and program authorization to award an 8,554
associate or bachelor's degree. Students who attend an 8,555
institution that holds a certificate of registration shall be 8,556
enrolled in a program leading to an associate or bachelor's 8,557
degree for which associate or bachelor's degree program the 8,558
institution has program authorization issued under section 8,559
3332.05 of the Revised Code. 8,560
(ii) A technical education program of at least two years 8,562
duration sponsored by a private institution of higher education 8,563
in this state that meets the requirements of Title VI of the 8,564
Civil Rights Act of 1964. 8,565
(c) Enrolled as a full-time student or enrolled as a less 8,567
than full-time student for the term expected to be the student's 8,569
193
final term of enrollment and is enrolled for the number of credit 8,570
hours necessary to complete the requirements of the program in 8,571
which the student is enrolled. 8,572
(2) "Gross income" includes all taxable and nontaxable 8,574
income of the parents, the student, and the student's spouse, 8,575
except income derived from an Ohio academic scholarship and, 8,576
income earned by the student between the last day of the spring 8,577
term and the first day of the fall term, as published by the 8,578
institution in which the student is enrolled. In the case of 8,579
self-employed persons, business expenses as defined by the Ohio 8,580
board of regents shall be subtracted from taxable and nontaxable 8,582
income. Where no gross income or inadequate gross income as 8,583
determined by the board is reported, the board shall establish a 8,584
formula for determining the means by which the family maintained 8,585
itself and translate the data into gross income for Ohio 8,586
instructional grant purposes. Family income may be verified by 8,587
supplying to the board a copy of the federal government tax 8,588
return, by authorizing access to the family federal government 8,589
income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE 8,590
BOARD. GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE 8,591
INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL 8,592
FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means 8,594
satisfactory to the board.
(3) "Resident," "full-time student," "dependent," 8,596
"financially independent," and "accredited" shall be defined by 8,597
rules adopted by the board. 8,598
(4) "Federal law" means the "Higher Education Amendments 8,600
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended. 8,601
(5) "Default rate" means the cohort default rate 8,603
determined by the United States secretary of education pursuant 8,604
to federal law. 8,605
(6) "School year" means the twelve months that begin on 8,607
the first day of August of a calendar year and end on the 8,608
thirty-first day of July of the following calendar year. 8,609
194
(B) The Ohio board of regents shall establish and 8,611
administer an instructional grant program and may adopt rules to 8,612
carry out this section. The general assembly shall support the 8,613
instructional grant program by such sums and in such manner as it 8,614
may provide, but the board may also receive funds from other 8,615
sources to support the program. If the amounts available for 8,616
support of the program are inadequate to provide grants to all 8,617
eligible students, preference in the payment of grants shall be 8,618
given in terms of income, beginning with the lowest income 8,619
category of gross income and proceeding upward by category to the 8,620
highest gross income category. 8,621
An instructional grant shall be paid to an eligible student 8,623
through the institution in which the student is enrolled, except 8,625
that no instructional grant shall be paid to any person serving a 8,626
term of imprisonment. Applications for such grants shall be made 8,628
as prescribed by the board, and such applications may be made in 8,629
conjunction with and upon the basis of information provided in 8,630
conjunction with student assistance programs funded by agencies 8,631
of the United States government or from financial resources of 8,632
the institution of higher education. The institution shall 8,633
certify that the student applicant meets the requirements set 8,634
forth in divisions (A)(1)(b) and (c) of this section. 8,635
Instructional grants shall be provided to an eligible student 8,636
only as long as the student is making appropriate progress toward 8,637
a nursing diploma or an associate or bachelor's degree. The 8,638
grant shall cover any two semesters, three quarters, or the 8,639
equivalent of one academic year. No student shall be eligible to 8,640
receive a grant for more than ten semesters, fifteen quarters, or 8,641
the equivalent of five academic years. A grant made to an 8,642
eligible student on the basis of less than full-time enrollment 8,643
shall be based on the number of credit hours for which the 8,644
student is enrolled and shall be computed in accordance with a 8,645
formula adopted by the board. No student shall receive more than 8,646
one grant on the basis of less than full-time enrollment. 8,647
195
An instructional grant shall not exceed the total 8,649
instructional and general charges of the institution. 8,650
(C) For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM 8,653
GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A 8,654
COMPARABLE PORTION OF ONE ACADEMIC YEAR. GRANT AMOUNTS FOR 8,655
ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED 8,656
UNDER DIVISION (D) OF THIS SECTION. 8,657
FOR a full-time student who is a dependent and enrolled in 8,661
a nonprofit educational institution that is not a state-assisted 8,662
institution and that has a certificate of authorization issued 8,663
pursuant to Chapter 1713. of the Revised Code, the amount of the 8,664
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 8,665
COMPARABLE PORTION OF the academic year shall be determined in 8,667
accordance with the following table:
Table of Grants 8,669
Maximum Grant $4,428 4,872 8,671
Gross Income Number of Dependents 8,672
1 2 3 4 5 or 8,679
more
Under $11,001 $4,428 $4,428 $4,428 $4,428 $4,428 8,683
$11,001 - $12,000 3,984 4,428 4,428 4,428 4,428 8,688
$12,001 - $13,000 3,534 3,984 4,428 4,428 4,428 8,693
$13,001 - $14,000 3,096 3,534 3,984 4,428 4,428 8,698
$14,001 - $15,000 2,658 3,096 3,534 3,984 4,428 8,703
$15,001 - $16,000 2,220 2,658 3,096 3,534 3,984 8,708
$16,001 - $17,000 1,770 2,220 2,658 3,096 3,534 8,714
$17,001 - $20,000 1,320 1,770 2,220 2,658 3,096 8,720
$20,001 - $23,000 1,092 1,320 1,770 2,220 2,658 8,726
$23,001 - $26,000 882 1,092 1,320 1,770 2,220 8,731
$26,001 - $29,000 804 882 1,092 1,320 1,770 8,736
$29,001 - $31,000 720 804 882 1,092 1,320 8,741
Over $31,000 -0- -0- -0- -0- -0- 8,742
UNDER $13,001 $4,872 $4,872 $4,872 $4,872 $4,872 8,750
$13,001 - $14,000 4,386 4,872 4,872 4,872 4,872 8,756
196
$14,001 - $15,000 3,888 4,386 4,872 4,872 4,872 8,762
$15,001 - $16,000 3,408 3,888 4,386 4,872 4,872 8,768
$16,001 - $17,000 2,928 3,408 3,888 4,386 4,872 8,774
$17,001 - $20,000 2,442 2,928 3,408 3,888 4,386 8,780
$20,001 - $23,000 1,944 2,442 2,928 3,408 3,888 8,786
$23,001 - $26,000 1,452 1,944 2,442 2,928 3,408 8,792
$26,001 - $29,000 1,200 1,452 1,944 2,442 2,928 8,798
$29,001 - $30,000 966 1,200 1,452 1,944 2,442 8,804
$30,001 - $31,000 882 966 1,200 1,452 1,944 8,810
$31,001 - $32,000 792 882 966 1,200 1,452 8,816
$32,001 - $33,000 396 792 882 966 1,200 8,822
$33,001 - $34,000 -0- 396 792 882 966 8,828
$34,001 - $35,000 -0- -0- 396 792 882 8,834
$35,001 - $36,000 -0- -0- -0- 396 792 8,840
$36,001 - $37,000 -0- -0- -0- -0- 396 8,846
OVER $37,000 -0- -0- -0- -0- -0- 8,852
For a full-time student who is financially independent and 8,855
enrolled in a nonprofit educational institution that is not a 8,856
state-assisted institution and that has a certificate of 8,857
authorization issued pursuant to Chapter 1713. of the Revised 8,858
Code, the amount of the instructional grant for TWO SEMESTERS, 8,860
THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year 8,861
shall be determined in accordance with the following table: 8,862
Table of Grants 8,864
Maximum Grant $4,428 4,872 8,865
Gross Income Number of Dependents 8,866
0 1 2 3 4 5 or 8,873
more
Under $3,601 $4,428 $4,428 $4,428 $4,428 $4,428 $4,428 8,878
$3,601 - $4,200 3,984 4,428 4,428 4,428 4,428 4,428 8,884
$4,201 - $4,700 3,534 3,984 4,428 4,428 4,428 4,428 8,890
$4,701 - $5,200 3,096 3,534 3,984 4,428 4,428 4,428 8,896
$5,201 - $5,700 2,658 3,096 3,534 3,984 4,428 4,428 8,902
$5,701 - $6,200 $ 2,220 2,658 3,096 3,534 3,984 4,428 8,908
197
$6,201 - $7,200 1,770 2,220 2,658 3,096 3,534 3,984 8,914
$7,201 - $8,200 1,320 1,770 2,220 2,658 3,096 3,534 8,920
$8,201 - $9,200 1,092 1,320 1,770 2,220 2,658 3,096 8,926
$9,201 - $10,700 882 1,092 1,320 1,770 2,220 2,658 8,932
$10,701 - $12,200 804 882 1,092 1,320 1,770 2,220 8,938
$12,201 - $13,700 720 804 882 1,092 1,320 1,770 8,944
$13,701 - $15,200 -0- 720 804 882 1,092 1,320 8,949
$15,201 - $18,200 -0- -0- 720 804 882 1,092 8,954
$18,201 - $21,200 -0- -0- -0- 720 804 882 8,959
$21,201 - $24,200 -0- -0- -0- -0- 720 804 8,963
$24,201 - $28,900 -0- -0- -0- -0- -0- 720 8,967
Over $28,900 -0- -0- -0- -0- -0- -0- 8,969
UNDER $4,201 $4,872 $4,872 $4,872 $4,872 $4,872 $4,872 8,978
$4,201 - $4,800 4,386 4,872 4,872 4,872 4,872 4,872 8,985
$4,801 - $5,300 3,888 4,386 4,872 4,872 4,872 4,872 8,992
$5,301 - $5,800 3,408 3,888 4,386 4,872 4,872 4,872 8,999
$5,801 - $6,300 2,928 3,408 3,888 4,386 4,872 4,872 9,006
$6,301 - $6,800 2,442 2,928 3,408 3,888 4,386 4,872 9,013
$6,801 - $7,800 1,944 2,442 2,928 3,408 3,888 4,386 9,020
$7,801 - $8,800 1,452 1,944 2,442 2,928 3,408 3,888 9,027
$8,801 - $9,800 1,200 1,452 1,944 2,442 2,928 3,408 9,034
$9,801 - $11,300 966 1,200 1,452 1,944 2,442 2,928 9,041
$11,301 - $12,800 882 966 1,200 1,452 1,944 2,442 9,048
$12,801 - $14,300 792 882 966 1,200 1,452 1,944 9,055
$14,301 - $15,800 396 792 882 966 1,200 1,452 9,062
$15,801 - $18,800 -0- 396 792 882 966 1,200 9,069
$18,801 - $21,800 -0- -0- 396 792 882 966 9,076
$21,801 - $24,800 -0- -0- -0- 396 792 882 9,083
$24,801 - $29,500 -0- -0- -0- -0- 396 792 9,090
$29,501 - $34,500 -0- -0- -0- -0- -0- 396 9,097
OVER $34,500 -0- -0- -0- -0- -0- -0- 9,104
For a full-time student who is a dependent and enrolled in 9,107
an educational institution that holds a certificate of 9,108
registration from the state board of proprietary school 9,109
198
registration, the amount of the instructional grant for TWO 9,111
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 9,112
academic year shall be determined in accordance with the
following table: 9,113
Table of Grants 9,115
Maximum Grant $3,750 4,128 9,117
Gross Income Number of Dependents 9,118
1 2 3 4 5 or 9,126
more
Under $11,001 $3,750 $3,750 $3,750 $3,750 $3,750 9,133
$11,001 - $12,000 3,384 3,750 3,750 3,750 3,750 9,138
$12,001 - $13,000 2,988 3,384 3,750 3,750 3,750 9,143
$13,001 - $14,000 2,616 2,988 3,384 3,750 3,750 9,148
$14,001 - $15,000 2,268 2,616 2,988 3,384 3,750 9,153
$15,001 - $16,000 1,860 2,268 2,616 2,988 3,384 9,158
$16,001 - $17,000 1,506 1,860 2,268 2,616 2,988 9,163
$17,001 - $20,000 1,152 1,506 1,860 2,268 2,616 9,168
$20,001 - $23,000 924 1,152 1,506 1,860 2,268 9,173
$23,001 - $26,000 738 924 1,152 1,506 1,860 9,178
$26,001 - $29,000 696 738 924 1,152 1,506 9,183
$29,001 - $31,000 612 696 738 924 1,152 9,188
Over $31,000 -0- -0- -0- -0- -0- 9,189
UNDER $13,001 $4,128 $4,128 $4,128 $4,128 $4,128 9,197
$13,001 - $14,000 3,726 4,128 4,128 4,128 4,128 9,203
$14,001 - $15,000 3,288 3,726 4,128 4,128 4,128 9,209
$15,001 - $16,000 2,874 3,288 3,726 4,128 4,128 9,215
$16,001 - $17,000 2,490 2,874 3,288 3,726 4,128 9,221
$17,001 - $20,000 2,046 2,490 2,874 3,288 3,726 9,227
$20,001 - $23,000 1,656 2,046 2,490 2,874 3,288 9,233
$23,001 - $26,000 1,266 1,656 2,046 2,490 2,874 9,239
$26,001 - $29,000 1,014 1,266 1,656 2,046 2,490 9,245
$29,001 - $30,000 810 1,014 1,266 1,656 2,046 9,251
$30,001 - $31,000 762 810 1,014 1,266 1,656 9,257
$31,001 - $32,000 672 762 810 1,014 1,266 9,263
199
$32,001 - $33,000 336 672 762 810 1,014 9,269
$33,001 - $34,000 -0- 336 672 762 810 9,275
$34,001 - $35,000 -0- -0- 336 672 762 9,281
$35,001 - $36,000 -0- -0- -0- 336 672 9,287
$36,001 - $37,000 -0- -0- -0- -0- 336 9,293
OVER $37,000 -0- -0- -0- -0- -0- 9,299
For a full-time student who is financially independent and 9,302
enrolled in an educational institution that holds a certificate 9,303
of registration from the state board of proprietary school 9,304
registration, the amount of the instructional grant for TWO 9,306
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 9,307
academic year shall be determined in accordance with the
following table: 9,308
Table of Grants 9,310
Maximum Grant $3,750 4,128 9,311
Gross Income Number of Dependents 9,312
0 1 2 3 4 5 or 9,320
more
Under $3,601 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 9,327
$3,601 - $4,200 3,384 3,750 3,750 3,750 3,750 3,750 9,332
$4,201 - $4,700 2,988 3,384 3,750 3,750 3,750 3,750 9,338
$4,701 - $5,200 2,616 2,988 3,384 3,750 3,750 3,750 9,342
$5,201 - $5,700 2,268 2,616 2,988 3,384 3,750 3,750 9,347
$5,701 - $6,200 1,860 2,268 2,616 2,988 3,384 3,750 9,352
$6,201 - $7,200 1,506 1,860 2,268 2,616 2,988 3,384 9,357
$7,201 - $8,200 1,152 1,506 1,860 2,268 2,616 2,988 9,363
$8,201 - $9,200 924 1,152 1,506 1,860 2,268 2,616 9,367
$9,201 - $10,700 738 924 1,152 1,506 1,860 2,268 9,372
$10,701 - $12,200 696 738 924 1,152 1,506 1,860 9,377
$12,201 - $13,700 612 696 738 924 1,152 1,506 9,382
$13,701 - $15,200 -0- 612 696 738 924 1,152 9,387
$15,201 - $18,200 -0- -0- 612 696 738 924 9,392
$18,201 - $21,200 -0- -0- -0- 612 696 738 9,397
$21,201 - $24,200 -0- -0- -0- -0- 612 696 9,401
200
$24,201 - $28,900 -0- -0- -0- -0- -0- 612 9,405
Over $28,900 -0- -0- -0- -0- -0- -0- 9,406
UNDER $4,201 $4,128 $4,128 $4,128 $4,128 $4,128 $4,128 9,415
$4,201 - $4,800 3,726 4,128 4,128 4,128 4,128 4,128 9,422
$4,801 - $5,300 3,288 3,726 4,128 4,128 4,128 4,128 9,429
$5,301 - $5,800 2,874 3,288 3,726 4,128 4,128 4,128 9,436
$5,801 - $6,300 2,490 2,874 3,288 3,726 4,128 4,128 9,443
$6,301 - $6,800 2,046 2,490 2,874 3,288 3,726 4,128 9,450
$6,801 - $7,800 1,656 2,046 2,490 2,874 3,288 3,726 9,457
$7,801 - $8,800 1,266 1,656 2,046 2,490 2,874 3,288 9,464
$8,801 - $9,800 1,014 1,266 1,656 2,046 2,490 2,874 9,471
$9,801 - $11,300 810 1,014 1,266 1,656 2,046 2,490 9,478
$11,301 - $12,800 762 810 1,014 1,266 1,656 2,046 9,485
$12,801 - $14,300 672 762 810 1,014 1,266 1,656 9,492
$14,301 - $15,800 336 672 762 810 1,014 1,266 9,499
$15,801 - $18,800 -0- 336 672 762 810 1,014 9,506
$18,801 - $21,800 -0- -0- 336 672 762 810 9,513
$21,801 - $24,800 -0- -0- -0- 336 672 762 9,520
$24,801 - $29,500 -0- -0- -0- -0- 336 672 9,527
$29,501 - $34,500 -0- -0- -0- -0- -0- 336 9,534
OVER $34,500 -0- -0- -0- -0- -0- -0- 9,541
For a full-time student who is a dependent and enrolled in 9,544
a state-assisted educational institution, the amount of the 9,545
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 9,547
COMPARABLE PORTION OF the academic year shall be determined in 9,548
accordance with the following table: 9,549
Table of Grants 9,551
Maximum Grant $1,782 1,956 9,552
Gross Income Number of Dependents 9,553
1 2 3 4 5 or 9,557
more
Under $11,001 $1,782 $1,782 $1,782 $1,782 $1,782 9,561
$11,001 - $12,000 1,602 1,782 1,782 1,782 1,782 9,566
$12,001 - $13,000 1,416 1,602 1,782 1,782 1,782 9,571
201
$13,001 - $14,000 1,254 1,416 1,602 1,782 1,782 9,576
$14,001 - $15,000 1,074 1,254 1,416 1,602 1,782 9,581
$15,001 - $16,000 882 1,074 1,254 1,416 1,602 9,586
$16,001 - $17,000 708 882 1,074 1,254 1,416 9,591
$17,001 - $20,000 534 708 882 1,074 1,254 9,596
$20,001 - $23,000 432 534 708 882 1,074 9,601
$23,001 - $26,000 348 432 534 708 882 9,606
$26,001 - $29,000 324 348 432 534 708 9,611
$29,001 - $31,000 294 324 348 432 534 9,616
Over $31,000 -0- -0- -0- -0- -0- 9,618
UNDER $13,001 $1,956 $1,956 $1,956 $1,956 $1,956 9,626
$13,001 - $14,000 1,764 1,956 1,956 1,956 1,956 9,632
$14,001 - $15,000 1,554 1,764 1,956 1,956 1,956 9,638
$15,001 - $16,000 1,380 1,554 1,764 1,956 1,956 9,644
$16,001 - $17,000 1,182 1,380 1,554 1,764 1,956 9,650
$17,001 - $20,000 966 1,182 1,380 1,554 1,764 9,656
$20,001 - $23,000 774 966 1,182 1,380 1,554 9,662
$23,001 - $26,000 582 774 966 1,182 1,380 9,668
$26,001 - $29,000 468 582 774 966 1,182 9,674
$29,001 - $30,000 378 468 582 774 966 9,680
$30,001 - $31,000 348 378 468 582 774 9,686
$31,001 - $32,000 318 348 378 468 582 9,692
$32,001 - $33,000 162 318 348 378 468 9,698
$33,001 - $34,000 -0- 162 318 348 378 9,704
$34,001 - $35,000 -0- -0- 162 318 348 9,710
$35,001 - $36,000 -0- -0- -0- 162 318 9,716
$36,001 - $37,000 -0- -0- -0- -0- 162 9,722
OVER $37,000 -0- -0- -0- -0- -0- 9,728
For a full-time student who is financially independent and 9,731
enrolled in a state-assisted educational institution, the amount 9,732
of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR 9,734
A COMPARABLE PORTION OF the academic year shall be determined in 9,736
accordance with the following table:
Table of Grants 9,738
202
Maximum Grant $1,782 1,956 9,739
Gross Income Number of Dependents 9,740
0 1 2 3 4 5 or 9,748
more
Under $3,601 $1,782 $1,782 $1,782 $1,782 $1,782 $1,782 9,756
$3,601 - $4,200 1,602 1,782 1,782 1,782 1,782 1,782 9,762
$4,201 - $4,700 1,416 1,602 1,782 1,782 1,782 1,782 9,768
$4,701 - $5,200 1,254 1,416 1,602 1,782 1,782 1,782 9,774
$5,201 - $5,700 1,074 1,254 1,416 1,602 1,782 1,782 9,780
$5,701 - $6,200 882 1,074 1,254 1,416 1,602 1,782 9,786
$6,201 - $7,200 708 882 1,074 1,254 1,416 1,602 9,792
$7,201 - $8,200 534 708 882 1,074 1,254 1,416 9,798
$8,201 - $9,200 432 534 708 882 1,074 1,254 9,804
$9,201 - $10,700 348 432 534 708 882 1,074 9,810
$10,701 - $12,200 324 348 432 534 708 882 9,816
$12,201 - $13,700 294 324 348 432 534 708 9,822
$13,701 - $15,200 -0- 294 324 348 432 534 9,828
$15,201 - $18,200 -0- -0- 294 324 348 432 9,834
$18,201 - $21,200 -0- -0- -0- 294 324 348 9,840
$21,201 - $24,200 -0- -0- -0- -0- 294 324 9,846
$24,201 - $28,900 -0- -0- -0- -0- -0- 294 9,852
Over $28,900 -0- -0- -0- -0- -0- -0- 9,855
UNDER $4,201 $1,956 $1,956 $1,956 $1,956 $1,956 $1,956 9,864
4,201 - $4,800 1,764 1,956 1,956 1,956 1,956 1,956 9,871
$4,801 - $5,300 1,554 1,764 1,956 1,956 1,956 1,956 9,878
$5,301 - $5,800 1,380 1,554 1,764 1,956 1,956 1,956 9,885
$5,801 - $6,300 1,182 1,380 1,554 1,764 1,956 1,956 9,892
$6,301 - $6,800 966 1,182 1,380 1,554 1,764 1,956 9,899
$6,801 - $7,800 774 966 1,182 1,380 1,554 1,764 9,906
$7,801 - $8,800 582 774 966 1,182 1,380 1,554 9,913
$8,801 - $9,800 468 582 774 966 1,182 1,380 9,920
$9,801 - $11,300 378 468 582 774 966 1,182 9,927
$11,301 - $12,800 348 378 468 582 774 966 9,934
$12,801 - $14,300 318 348 378 468 582 774 9,941
203
$14,301 - $15,800 162 318 348 378 468 582 9,948
$15,801 - $18,800 -0- 162 318 348 378 468 9,955
$18,801 - $21,800 -0- -0- 162 318 348 378 9,962
$21,801 - $24,800 -0- -0- -0- 162 318 348 9,969
$24,801 - $29,500 -0- -0- -0- -0- 162 318 9,976
$29,501 - $34,500 -0- -0- -0- -0- -0- 162 9,983
OVER $34,500 -0- -0- -0- -0- -0- -0- 9,990
(D) FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE 9,993
INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION 9,994
OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION 9,995
(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A 9,997
PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF 9,998
THAT DIVISION. THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE 9,999
ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 10,000
THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE 10,001
MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 10,002
(E) No grant shall be made to any student in a course of 10,004
study in theology, religion, or other field of preparation for a 10,005
religious profession unless such course of study leads to an 10,006
accredited bachelor of arts, bachelor of science, or associate of 10,007
arts degree. 10,008
(E)(F)(1) Except as provided in division (E)(F)(2) of this 10,011
section, no grant shall be made to any student for enrollment 10,012
during a school FISCAL year in an institution with a COHORT 10,014
default rate DETERMINED BY THE UNITED STATES SECRETARY OF 10,016
EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986," 10,019
100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the 10,022
fifteenth day of June preceding such school THE FISCAL year,
equal to or greater than thirty per cent for each of the 10,023
preceding two FISCAL years. 10,024
(2) Division (E)(F)(1) of this section does not apply to 10,026
the following: 10,027
(a) Any student enrolled in an institution that under THE 10,029
federal law appeals its loss of eligibility for federal financial 10,030
204
aid and the United States secretary of education determines its 10,031
COHORT default rate after recalculation is lower than the rate 10,032
specified in division (E)(F)(1) of this section or the secretary 10,034
determines due to mitigating circumstances the institution may 10,035
continue to participate in federal financial aid programs. The 10,036
board shall adopt rules requiring institutions to provide 10,037
information regarding an appeal to the board. 10,038
(b) Any student who has previously received a grant under 10,040
this section who meets all other requirements of this section. 10,041
(3) The board shall adopt rules for the notification of 10,044
all institutions whose students will be ineligible to participate 10,045
in the grant program pursuant to division (E)(F)(1) of this 10,046
section.
(4) A student's attendance at an institution whose 10,048
students lose eligibility for grants under division (E)(F)(1) of 10,050
this section shall not affect that student's eligibility to
receive a grant when enrolled in another institution. 10,051
(F)(G) Institutions of higher education that enroll 10,053
students receiving instructional grants under this section shall 10,054
report to the board all students who have received instructional 10,055
grants but are no longer eligible for all or part of such grants 10,056
and shall refund any moneys due the state within thirty days 10,057
after the beginning of the quarter or term immediately following 10,058
the quarter or term in which the student was no longer eligible 10,059
to receive all or part of the student's grant. There shall be an 10,061
interest charge of one per cent per month on all moneys due and 10,062
payable after such thirty-day period. The board shall 10,063
immediately notify the office of budget and management and the 10,064
legislative budget office of the legislative service commission 10,065
of all refunds so received. 10,066
Sec. 3333.27. As used in this section: 10,075
(A) "Eligible institution" means a nonprofit Ohio 10,077
institution of higher education that holds a certificate of 10,078
authorization issued under section 1713.02 of the Revised Code 10,079
205
and meets the requirements of Title VI of the Civil Rights Act of 10,080
1964. 10,081
(B) "Resident" and "full-time student" have the meanings 10,083
established for purposes of this section by rule of the Ohio 10,084
board of regents. 10,085
The board shall establish and administer a student choice 10,088
grant program and shall adopt rules for the administration of the 10,089
program.
The board may make a grant to any resident of this state 10,092
who is enrolled as a full-time student in a bachelor's degree 10,093
program at an eligible institution and maintains an academic 10,094
record that meets or exceeds the standard established pursuant to 10,095
this section by rule of the board, except that no grant shall be 10,096
made to any individual who was enrolled as a student in an 10,097
institution of higher education on or before July 1, 1984, or is 10,098
serving a term of imprisonment. The grant shall not exceed the 10,099
lesser of the total instructional and general charges of the 10,100
institution in which the student is enrolled, or an amount equal 10,101
to one-fourth of the total of any state instructional subsidy 10,102
amount distributed by the board in the second fiscal year of the 10,103
preceding biennium for all full-time students enrolled in 10,104
bachelor's degree programs at four-year state-assisted 10,105
institutions of higher education divided by the sum of the actual 10,106
number of full-time students enrolled in bachelor's degree 10,107
programs at four-year state-assisted institutions of higher 10,108
education reported to the board for such year by the institutions 10,109
to which the subsidy was distributed. 10,110
The board shall prescribe the form and manner of 10,112
application for grants including the manner of certification by 10,113
eligible institutions that each applicant from such institution 10,114
is enrolled in a bachelor's degree program as a full-time student 10,115
and has an academic record that meets or exceeds the standard 10,116
established by the board. 10,117
A grant awarded to an eligible student shall be paid to the 10,119
206
institution in which the student is enrolled, and the institution 10,120
shall reduce the student's instructional and general charges by 10,121
the amount of the grant. Each grant awarded shall be prorated 10,122
and paid in equal installments at the time of enrollment for each 10,123
term of the academic year for which the grant is awarded. No 10,124
student shall be eligible to receive a grant for more than ten 10,125
semesters, fifteen quarters, or the equivalent of five academic 10,126
years. 10,127
The receipt of an Ohio student choice grant shall not 10,129
affect a student's eligibility for assistance, or the amount of 10,130
such assistance, granted under section 3315.33, 3333.12, 3333.22, 10,131
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a 10,132
student receives assistance under one or more of such sections, 10,133
the student choice grant made to the student shall not exceed the 10,135
difference between the amount of assistance received under such 10,136
sections and the total instructional and general charges of the 10,137
institution in which the student is enrolled. 10,138
The general assembly shall support the student choice grant 10,140
program by such sums and in such manner as it may provide, but 10,141
the board may also receive funds from other sources to support 10,143
the program.
No grant shall be made to any student enrolled in a course 10,145
of study leading to a degree in theology, religion, or other 10,146
field of preparation for a religious profession UNLESS THE COURSE 10,147
OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF 10,148
SCIENCE DEGREE.
Institutions of higher education that enroll students 10,150
receiving grants under this section shall report to the board the 10,152
name of each student who has received such a grant but who is no 10,153
longer eligible for all or part of such grant and shall refund 10,154
all moneys due to the state within thirty days after the 10,155
beginning of the term immediately following the term in which the 10,156
student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per 10,157
207
month on all moneys due and payable after such thirty-day period. 10,158
The board shall immediately notify the office of budget and 10,160
management and the legislative budget office of the legislative
service commission of all refunds received. 10,161
Sec. 3345.22. (A) A student, faculty or staff member, or 10,170
employee of a college or university which THAT receives any state 10,172
funds in support thereof, arrested for any offense covered by 10,173
division (D) of section 3345.23 of the Revised Code shall be 10,174
afforded a hearing, as provided in this section, to determine 10,175
whether he THE PERSON shall be immediately suspended from such 10,177
THE college or university. Such THE hearing shall be held within 10,178
not more than five days after his THE PERSON'S arrest, subject to 10,180
reasonable continuances for good cause shown, which continuances 10,183
shall not exceed a total of ten days. 10,184
(B) The arresting authority shall immediately notify the 10,186
president of the college or university of the arrest of a 10,187
student, faculty or staff member, or employee of such THE college 10,189
or university for any offense covered by division (D) of section 10,190
3345.23 of the Revised Code, and the president shall immediately 10,191
notify the chancellor of the Ohio board of regents of such 10,193
arrest. The hearing to determine whether the person shall be
immediately suspended shall be held in the county where the 10,194
college or university is located, before a referee appointed by 10,195
the board of regents PRESIDENT. Such THE referee shall be an 10,197
attorney admitted to the practice of law in Ohio, but he THE 10,198
REFEREE shall not be attorney for, or a faculty or staff member 10,199
or employee of, any college or university. Immediate notice of 10,200
the time and place of such THE hearing shall be given or sent to 10,201
such THE person.
(C) The referee may administer oaths, issue subpoenas to 10,203
compel the attendance of witnesses and the production of 10,204
evidence, and enforce such THE subpoenas, as well as preserve the 10,206
order and decorum of the proceedings over which he THE REFEREE 10,207
presides, by means of contempt proceedings in the court of common 10,208
208
pleas as provided by law. 10,209
(D) The hearing shall be adversary in nature, and shall be 10,211
conducted fairly and impartially, but the formalities of the 10,212
criminal process are not required. A person whose suspension is 10,213
being considered has the right to be represented by counsel, but 10,214
counsel need not be furnished for him THE PERSON. Such THE 10,216
person also has the right to cross-examine witnesses against him 10,217
THE PERSON, to testify, and to present the testimony of witnesses 10,218
and other evidence in his THE PERSON'S behalf. In the absence of 10,219
a waiver of the right against compulsory self-incrimination, the 10,220
testimony of a person whose suspension is being considered, given 10,221
at such THE hearing, shall not subsequently be used in any 10,223
criminal proceeding against him THE PERSON. The referee may 10,224
require the separation of witnesses, and may bar from the 10,227
proceedings any person whose presence is not essential to such 10,228
THE proceedings, except that members of the news media shall not 10,229
be barred from such THE proceedings. 10,230
(E) Upon hearing, if the referee finds by a preponderance 10,232
of the evidence that the person whose suspension is being 10,233
considered committed any offense covered by division (D) of 10,234
section 3345.23 of the Revised Code, he THE REFEREE shall order 10,235
the person suspended, except that when the good order and 10,236
discipline of a college or university will not be prejudiced or 10,237
compromised thereby, the referee may permit the person to return 10,238
to the college or university on terms of strict disciplinary 10,239
probation. Subsequent violation of the terms of the probation 10,240
automatically effects a suspension. A person suspended under 10,241
this section may be readmitted pursuant to division (A) of 10,242
section 3345.23 of the Revised Code. A suspension under this 10,243
section is in effect until the person is acquitted or convicted 10,244
of the crime for which he THE PERSON was arrested. If convicted, 10,245
he THE PERSON is dismissed pursuant to section 3345.23 of the 10,246
Revised Code.
(F) Upon acquittal, or upon any final judicial 10,248
209
determination not resulting in conviction, of the charges for 10,249
which a person is suspended pursuant to this section, such THE 10,250
suspension automatically terminates, and the person suspended 10,251
shall be reinstated and the record of the suspension expunged 10,252
from his THE PERSON'S college or university record. 10,253
(G) An order of a referee pursuant to this section may be 10,255
appealed on questions of law and fact to the court of common 10,256
pleas of the county in which the college or university is 10,257
located, within twenty days after the date of the order. If the 10,258
court to which such AN appeal is taken determines that the good 10,259
order and discipline of a college or university will not be 10,260
prejudiced thereby, it may permit the person suspended to return 10,261
to the college or university on terms of strict disciplinary 10,262
probation. 10,263
(H) A person afforded a hearing pursuant to this section 10,265
who does not appear at the hearing shall be declared suspended by 10,266
the hearing officer. 10,267
Sec. 3770.01. (A) There is hereby created the state 10,276
lottery commission consisting of nine members appointed by the 10,277
governor with the advice and consent of the senate. No more than 10,278
five members of the commission shall be members of the same 10,279
political party. Of the additional and new appointments made to 10,280
the commission pursuant to the amendment of August 1, 1980, three 10,281
shall be for terms ending August 1, 1981, three shall be for 10,282
terms ending August 1, 1982, and three shall be for terms ending 10,283
August 1, 1983. Thereafter, terms of office shall be for three 10,284
years, each term ending on the same day of the same month of the 10,285
year as did the term which it succeeds. Each 10,286
(B) EACH member shall hold office from the date of 10,289
appointment until the end of the term for which the member was 10,290
appointed. The members of the commission shall represent the 10,292
various geographic regions of the state. Any member appointed to 10,293
fill a vacancy occurring prior to the expiration of the term for 10,294
which the member's predecessor was appointed shall hold office 10,296
210
for the remainder of such THAT term. Any member shall continue 10,298
in office subsequent to the expiration date of the member's term 10,300
until the member's successor takes office, or until a period of 10,301
sixty days has elapsed, whichever occurs first. 10,303
(C) All members of the commission shall be citizens of the 10,305
United States and residents of this state. THE MEMBERS OF THE 10,306
COMMISSION SHALL REPRESENT THE VARIOUS GEOGRAPHIC REGIONS OF THE 10,307
STATE. No member OF THE COMMISSION shall have any pecuniary 10,309
interest in any contract or license awarded by the commission. 10,310
ONE PERSON APPOINTED AS A MEMBER OF THE COMMISSION SHALL
REPRESENT AN ORGANIZATION THAT DEALS WITH PROBLEM GAMBLING AND 10,311
ASSISTS RECOVERING GAMBLING ADDICTS. Each person appointed as a 10,312
member of the commission, EXCEPT THE MEMBER APPOINTED AS A 10,314
REPRESENTATIVE OF AN ORGANIZATION THAT DEALS WITH PROBLEM 10,315
GAMBLING AND ASSISTS RECOVERING GAMBLING ADDICTS, shall have 10,317
prior experience or education in business administration, 10,318
management, sales, marketing, or advertising.
(D) The commission shall elect annually one of its members 10,320
to serve as chairperson for a term of one year. Election as 10,322
chairperson shall not extend a member's appointive term. Each 10,323
member of the commission shall receive an annual salary of five 10,324
thousand dollars, payable in monthly installments. Each member 10,325
OF THE COMMISSION ALSO shall also receive THE MEMBER'S actual and 10,327
necessary expenses incurred in the discharge of THE MEMBER'S
official duties. 10,328
(E) Each member of the commission, before entering upon 10,330
the discharge of THE MEMBER'S official duties, shall give a bond, 10,331
payable to the treasurer of state, in the sum of ten thousand 10,334
dollars with sufficient sureties to be approved by the treasurer 10,335
of state, which bond shall be filed with the secretary of state. 10,336
(F) The governor may remove any member of the commission 10,338
for malfeasance, misfeasance, or nonfeasance in office, giving 10,339
such THE member a copy of the charges against the member and 10,341
affording the member an opportunity to be publicly heard in 10,343
211
person or by counsel in the member's own defense upon not less 10,345
than ten days' notice. If such THE member is removed, the 10,347
governor shall file in the office of the secretary of state a 10,348
complete statement of all charges made against the member and the 10,349
governor's finding thereon ON THE CHARGES, together with a 10,351
complete report of the proceedings, and the governor's decision 10,352
thereon ON THE CHARGES is final.
(G) The commission shall maintain offices at locations in 10,354
the state as it may deem CONSIDER necessary for the efficient 10,355
performance of its functions. The director shall maintain an 10,357
office in Columbus to coordinate the activities of the state 10,358
lottery commission with other state departments. 10,359
Sec. 3770.06. (A) There is hereby created the state 10,368
lottery gross revenue fund, which shall be in the custody of the 10,369
treasurer of state but shall not be part of the state treasury. 10,370
All gross revenues received from sales of lottery tickets, fines, 10,371
fees, and related proceeds shall be deposited into the fund. The 10,372
treasurer of state shall invest any portion of the fund not 10,373
needed for immediate use in the same manner as, and subject to 10,374
all provisions of law with respect to the investment of, state 10,375
funds. The treasurer of state shall disburse money from the fund 10,376
on order of the director of the state lottery commission or the 10,377
director's designee. All revenues of the state lottery gross 10,378
revenue fund that are not paid to holders of winning lottery 10,379
tickets, that are not required to meet short-term prize 10,380
liabilities, that are not paid to lottery sales agents in the 10,381
form of agent bonuses, commissions, or reimbursements, and that 10,382
are not paid to financial institutions to reimburse such 10,383
institutions for sales agent nonsufficient funds shall be 10,384
transferred to the state lottery fund, which is hereby created in 10,385
the state treasury. All investment earnings of the fund shall be 10,386
credited to the fund. Moneys shall be disbursed from the state 10,387
lottery fund pursuant to vouchers approved by the director of the 10,388
state lottery commission. Total disbursements for monetary prize 10,389
212
awards to holders of winning lottery tickets and purchases of 10,390
goods and services awarded as prizes to holders of winning 10,391
lottery tickets shall be of an amount equal to at least fifty per 10,392
cent of the total revenue accruing from the sale of lottery 10,393
tickets.
(B) Pursuant to Section 6 of Article XV, Ohio 10,395
Constitution, there is hereby established in the state treasury 10,396
the lottery profits education fund. Whenever, in the judgment of 10,397
the director of budget and management, the amount to the credit 10,398
of the state lottery fund is in excess of that needed to meet the 10,399
maturing obligations of the commission and as working capital for 10,400
its further operations, the director shall transfer the excess to 10,402
the lottery profits education fund, provided that the amount to
be transferred into the lottery profits education fund shall 10,403
equal no less than thirty per cent of the total revenue accruing 10,404
from the sale of lottery tickets. Investment earnings of the 10,405
lottery profits education fund shall be credited to the fund. 10,406
There shall also be credited to the fund any repayments of moneys 10,407
loaned from the educational excellence investment fund. The 10,408
lottery profits education fund shall be used solely for the 10,409
support of elementary, secondary, vocational, and special 10,410
education programs as determined in appropriations made by the 10,411
general assembly. When determining the availability of money in 10,412
the lottery profits education fund, the director of budget and 10,413
management may consider all balances and estimated revenues of 10,414
the fund. 10,415
From the amounts that the director of budget and management 10,417
transfers in any fiscal year from the state lottery fund to the 10,418
lottery profits education fund, the director shall transfer the 10,420
initial ten million dollars of such amounts from the lottery
profits education fund to the school building program bond 10,421
service fund created in division (R) of section 3318.26 of the 10,422
Revised Code to be pledged for the purpose of paying bond service 10,423
charges as defined in division (C) of section 3318.21 of the 10,424
213
Revised Code on one or more issuances of obligations, which 10,425
obligations are issued to provide moneys for the school building 10,426
program assistance fund created in section 3318.25 of the Revised 10,427
Code.
(C) There is hereby established in the state treasury the 10,429
deferred prizes trust fund. With the approval of the director of 10,430
budget and management, an amount sufficient to fund annuity 10,431
prizes shall be transferred from the state lottery fund and 10,432
credited to the trust fund. The treasurer of state shall credit 10,434
all earnings arising from investments purchased under this
division to the fund. Within sixty days after the end of each 10,435
fiscal year, the director of budget and management shall certify 10,436
the amount of investment earnings necessary to have been credited 10,437
to the trust fund during the fiscal year just ending to provide 10,438
for continued funding of deferred prizes. Any earnings credited 10,439
in excess of this certified amount shall be transferred to the 10,440
lottery profits education fund. To provide all or a part of the 10,441
amounts necessary to fund deferred prizes awarded by the 10,442
commission, the treasurer of state, in consultation with the 10,443
commission, may invest moneys contained in the deferred prizes 10,444
trust fund in accordance with section 135.143 of the Revised Code 10,446
OBLIGATIONS OF THE TYPE PERMITTED FOR THE INVESTMENT OF STATE
FUNDS BUT WHOSE MATURITIES ARE THIRTY YEARS OR LESS. INVESTMENTS 10,447
OF THE DEFERRED PRIZES TRUST FUND ARE NOT SUBJECT TO THE 10,448
PROVISIONS OF DIVISION (A)(10) OF SECTION 135.143 OF THE REVISED 10,449
CODE LIMITING TO FIVE PER CENT THE AMOUNT OF THE STATE'S TOTAL 10,450
AVERAGE PORTFOLIO THAT MAY BE INVESTED IN DEBT INTERESTS AND 10,451
LIMITING TO ONE HALF OF ONE PER CENT THE AMOUNT THAT MAY BE
INVESTED IN DEBT INTERESTS OF A SINGLE ISSUER. 10,452
All purchases made under this division shall be effected on 10,454
a delivery versus payment method and shall be in the custody of 10,455
the treasurer of state. 10,456
The treasurer of state may retain an investment advisor, if 10,458
necessary. The commission shall pay any costs incurred by the 10,459
214
treasurer of state in retaining an investment advisor. 10,460
(D) The auditor of state shall conduct annual audits of 10,463
all funds and such other audits as the auditor of state or the 10,464
general assembly considers necessary. The auditor of state may
examine all records, files, and other documents of the 10,465
commission, and such records of lottery sales agents as pertain 10,466
to their activities as agents, for purposes of conducting 10,467
authorized audits.
The state lottery commission shall establish an internal 10,469
audit program before the beginning of each fiscal year, subject 10,470
to the approval of the auditor of state. At the end of each 10,471
fiscal year, the commission shall prepare and submit an annual 10,472
report to the auditor of state for the auditor of state's review 10,473
and approval, specifying the internal audit work completed by the 10,474
end of that fiscal year and reporting on compliance with the
annual internal audit program. The form and content of the 10,475
report shall be prescribed by the auditor of state under division 10,476
(C) of section 117.20 of the Revised Code. 10,477
Sec. 4117.101. Notwithstanding sections 4117.08 and 10,486
4117.10 of the Revised Code, no agreement entered into under this 10,487
chapter may contain any provision that in any way limits the 10,488
effect or operation of Chapter 3314. of the Revised Code or 10,489
limits the authority of a school district board of education, OR 10,490
THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN
DIVISION (C)(1)(e) OF SECTION 3314.02 OF THE REVISED CODE, to 10,492
enter into a contract with a community school under that chapter. 10,493
However, nothing in this section shall be construed to prohibit 10,494
an agreement entered into under this chapter from containing 10,495
requirements and procedures governing the reassignment of 10,496
teachers who are employed in a school at the time it is converted 10,497
to a community school pursuant to Chapter 3314. of the Revised 10,498
Code and who do not choose or are not chosen to teach in that 10,500
community school.
Sec. 5705.29. The tax budget shall present the following 10,509
215
information in such detail as is prescribed by the auditor of 10,510
state, unless an alternative form of the budget is permitted 10,511
under section 5705.281 of the Revised Code: 10,512
(A)(1) A statement of the necessary current operating 10,514
expenses for the ensuing fiscal year for each department and 10,515
division of the subdivision, classified as to personal services 10,516
and other expenses, and the fund from which such expenditures are 10,517
to be made. Except in the case of a school district, this 10,518
estimate may include a contingent expense not designated for any 10,519
particular purpose, and not to exceed three per cent of the total 10,520
amount of appropriations for current expenses. In the case of a 10,521
school district, this estimate may include a contingent expense 10,522
not designated for any particular purpose and not to exceed 10,523
thirteen per cent of the total amount of appropriations for 10,524
current expenses. 10,525
(2) A statement of the expenditures for the ensuing fiscal 10,527
year necessary for permanent improvements, exclusive of any 10,528
expense to be paid from bond issues, classified as to the 10,529
improvements contemplated by the subdivision and the fund from 10,530
which such expenditures are to be made; 10,531
(3) The amounts required for the payment of final 10,533
judgments; 10,534
(4) A statement of expenditures for the ensuing fiscal 10,536
year necessary for any purpose for which a special levy is 10,537
authorized, and the fund from which such expenditures are to be 10,538
made; 10,539
(5) Comparative statements, so far as possible, in 10,541
parallel columns of corresponding items of expenditures for the 10,542
current fiscal year and the two preceding fiscal years. 10,543
(B)(1) An estimate of receipts from other sources than the 10,545
general property tax during the ensuing fiscal year, which shall 10,546
include an estimate of unencumbered balances at the end of the 10,547
current fiscal year, and the funds to which such estimated 10,548
receipts are credited; 10,549
216
(2) The amount each fund requires from the general 10,551
property tax, which shall be the difference between the 10,552
contemplated expenditure from the fund and the estimated 10,553
receipts, as provided in this section. The section of the 10,554
Revised Code under which the tax is authorized shall be set 10,555
forth. 10,556
(3) Comparative statements, so far as possible, in 10,558
parallel columns of taxes and other revenues for the current 10,559
fiscal year and the two preceding fiscal years. 10,560
(C)(1) The amount required for debt charges; 10,562
(2) The estimated receipts from sources other than the tax 10,564
levy for payment of such debt charges, including the proceeds of 10,565
refunding bonds to be issued to refund bonds maturing in the next 10,566
succeeding fiscal year; 10,567
(3) The net amount for which a tax levy shall be made, 10,569
classified as to bonds authorized and issued prior to January 1, 10,570
1922, and those authorized and issued subsequent to such date, 10,571
and as to what portion of the levy will be within and what in 10,572
excess of the ten-mill limitation. 10,573
(D) An estimate of amounts from taxes authorized to be 10,575
levied in excess of the ten-mill limitation on the tax rate, and 10,576
the fund to which such amounts will be credited, together with 10,577
the sections of the Revised Code under which each such tax is 10,578
exempted from all limitations on the tax rate. 10,579
(E)(1) A board of education may include in its budget for 10,581
the fiscal year in which a levy proposed under section 5705.194, 10,582
5705.21, or 5705.213, or the original levy under section 5705.212 10,583
of the Revised Code is first extended on the tax list and 10,584
duplicate an estimate of expenditures to be known as a voluntary 10,585
contingency reserve balance, which shall not be greater than 10,586
twenty-five per cent of the total amount of the levy estimated to 10,587
be available for appropriation in such year. 10,588
(2) A board of education may include in its budget for the 10,590
fiscal year following the year in which a levy proposed under 10,591
217
section 5705.194, 5705.21, or 5705.213, or the original levy 10,592
under section 5705.212 of the Revised Code is first extended on 10,593
the tax list and duplicate an estimate of expenditures to be 10,594
known as a voluntary contingency reserve balance, which shall not 10,595
be greater than twenty per cent of the amount of the levy 10,596
estimated to be available for appropriation in such year. 10,597
(3) Except as provided in division (E)(4) of this section, 10,599
the full amount of any reserve balance the board includes in its 10,600
budget shall be retained by the county auditor and county 10,601
treasurer out of the first semiannual settlement of taxes until 10,602
the beginning of the next succeeding fiscal year, and thereupon, 10,603
with the depository interest apportioned thereto, it shall be 10,604
turned over to the board of education, to be used for the 10,605
purposes of such fiscal year. 10,606
(4) A board of education, by a two-thirds vote of all 10,608
members of the board, may appropriate any amount withheld as a 10,609
voluntary contingency reserve balance during the fiscal year for 10,610
any lawful purpose, provided that prior to such appropriation the 10,611
board of education has authorized the expenditure of all amounts 10,612
appropriated for contingencies under section 5705.40 of the 10,613
Revised Code. Upon request by the board of education, the county 10,614
auditor shall draw a warrant on the district's account in the 10,615
county treasury payable to the district in the amount requested. 10,616
(F)(1) A board of education may include a spending reserve 10,618
in its budget for fiscal years ending on or before June 30, 2002. 10,620
The spending reserve shall consist of an estimate of expenditures 10,621
not to exceed the district's spending reserve balance. A 10,622
district's spending reserve balance is the amount by which the 10,623
designated percentage of the district's estimated personal 10,624
property taxes to be settled during the calendar year in which 10,625
the fiscal year ends exceeds the estimated amount of personal 10,626
property taxes to be so settled and received by the district 10,627
during that fiscal year. Moneys from a spending reserve shall be 10,628
appropriated in accordance with section 133.301 of the Revised 10,629
218
Code. 10,630
(2) For the purposes of computing a school district's 10,632
spending reserve balance for a fiscal year, the designated 10,633
percentage shall be as follows: 10,634
Fiscal year ending in: Designated percentage 10,637
1998 50% 10,639
1999 40% 10,640
2000 30% 10,641
2001 20% 10,642
2002 10% 10,643
(G) Except as otherwise provided in this division, the 10,646
county budget commission shall not reduce the taxing authority of 10,647
a subdivision as a result of the creation of a reserve balance 10,648
account. Except as otherwise provided in this division, the 10,649
county budget commission shall not consider the amount in a 10,650
reserve balance account of a township, county, or municipal 10,651
corporation as an unencumbered balance or as revenue for the 10,652
purposes of division (E)(3) or (4) of section 5747.51 or division 10,653
(E)(3) or (4) of section 5747.62 of the Revised Code. The county 10,654
budget commission may require documentation of the reasonableness 10,655
of the reserve balance held in any reserve balance account. The 10,656
commission shall consider any amount in a reserve balance account 10,657
that it determines to be unreasonable as unencumbered and as 10,658
revenue for the purposes of sections 5747.51 and 5747.62 of the
Revised Code and may take such amounts into consideration when 10,660
determining whether to reduce the taxing authority of a
subdivision.
(H)(1) Each board of education shall include in its tax 10,662
budget and shall establish a reserve balance account to 10,664
accumulate currently available resources to stabilize the school
district's budget against cyclical changes in revenues and 10,665
expenditures. The balance in the reserve balance account shall 10,666
not at any time be less than five per cent of general fund 10,668
revenues for the most recently concluded fiscal year, except as 10,669
219
provided in division (H)(2) or (3) of this section, and except 10,670
for deficiencies arising from the appropriation of money from the 10,671
account for unanticipated deficiencies in revenue or other 10,673
emergencies pursuant to a resolution adopted by two-thirds of the 10,674
membership of the board of education specifying the reason for 10,675
the appropriation. The auditor of state and the superintendent
of public instruction jointly shall adopt rules governing 10,676
conditions that constitute unanticipated deficiencies in revenue 10,677
or emergencies for which appropriations may be made from a 10,678
reserve balance account. The rules also shall provide that a 10,679
board of education that borrows against its spending reserve 10,681
established in its tax budget for a fiscal year under division 10,682
(F) of this section is not subject to division (H)(2) of this 10,683
section for that fiscal year. A board of education shall not 10,684
appropriate money from a reserve balance account without filing a 10,686
schedule for replenishing the account with the superintendent of 10,687
public instruction and receiving approval of the schedule from 10,688
the superintendent of public instruction. 10,689
(2)(a) Beginning with the fiscal year ending in 1999 and 10,691
continuing each fiscal year until the balance in the reserve 10,692
balance account equals five per cent of the district's revenues 10,694
received for current expenses for the preceding fiscal year, if 10,695
the growth in a district's total revenues received for current
expenses from one fiscal year to the next is AT LEAST three per 10,696
cent or more, the board of education shall credit to its reserve 10,698
balance account, from the general fund or from other sources that 10,700
may lawfully be credited to the general fund, an amount not less 10,701
than one per cent of the revenue received for current expenses 10,702
for the fiscal year, at which time the balance in the reserve 10,703
balance account shall be maintained THAT, WHEN ADDED TO THE 10,704
ACCOUNT BALANCE, IS NOT LESS THAN: 10,705
(i) ONE PER CENT OF REVENUES RECEIVED FOR CURRENT EXPENSES 10,707
FOR THE PRIOR FISCAL YEAR; PLUS 10,708
(ii) THE SUM OF THE AMOUNTS CREDITED UNDER THIS SECTION 10,710
220
FOR ALL FISCAL YEARS THAT AMOUNTS WERE REQUIRED TO BE CREDITED 10,711
UNDER THIS SECTION.
EACH BOARD SHALL MAINTAIN THE BALANCE IN THE DISTRICT'S 10,713
RESERVE BALANCE ACCOUNT AT NOT LESS THAN FIVE PER CENT OF THE 10,714
DISTRICT'S REVENUES RECEIVED FOR CURRENT EXPENSES FOR THE 10,715
PRECEDING FISCAL YEAR, EXCEPT as otherwise required AUTHORIZED 10,716
under division (H)(1) of this section. 10,717
(b) NOTWITHSTANDING DIVISION (H)(2)(a) OF THIS SECTION, IN 10,720
NO YEAR SHALL A BOARD BE REQUIRED TO CREDIT TO ITS RESERVE 10,721
BALANCE ACCOUNT MORE THAN ONE PER CENT OF REVENUES RECEIVED FOR
CURRENT EXPENSES FOR THE PRIOR FISCAL YEAR. 10,722
(3) The balance in the reserve balance account of a school 10,725
district may be less than five per cent of the general fund 10,726
revenue for the most recently concluded fiscal year in any fiscal 10,727
year in which the school district is in a state of fiscal watch 10,728
or fiscal emergency pursuant to section 3316.03 of the Revised 10,729
Code.
(4) Notwithstanding any provision to the contrary in 10,731
Chapter 4117. of the Revised Code, the requirements of division 10,732
(H) of this section prevail over any conflicting provisions of 10,734
agreements between employee organizations and public employers 10,735
entered into after November 21, 1997. 10,736
(5) Notwithstanding division (H)(2) of this section, a 10,738
school district may, pursuant to rules adopted by the auditor of 10,739
state, credit less than one per cent of its prior year's revenue 10,740
received for current expenses into its reserve balance account. 10,741
Sec. 5705.412. Notwithstanding section 5705.41 of the 10,750
Revised Code, no school district shall adopt any appropriation 10,751
measure, make any contract, give any order involving the 10,752
expenditure of money, or increase during any school year any wage 10,753
or salary schedule unless there is attached thereto a certificate 10,754
signed by the treasurer and president of the board of education 10,755
and the superintendent that the school district has in effect for 10,756
the remainder of the fiscal year and the succeeding fiscal year 10,757
221
the authorization to levy taxes including the renewal or 10,758
replacement of existing levies which, when combined with the 10,759
estimated revenue from all other sources available to the 10,760
district at the time of certification, are sufficient to provide 10,761
the operating revenues necessary to enable the district to 10,762
maintain all personnel, programs, and services essential to the 10,764
provision of an adequate educational program for all the days set
forth in its adopted school calendars for the current fiscal year 10,765
and for a number of days in the succeeding fiscal year equal to 10,766
the number of days instruction was held or is scheduled for the 10,767
current fiscal year. However, a certificate attached to an 10,769
appropriation measure under this section shall cover only the 10,770
fiscal year in which the appropriation measure is effective and 10,771
shall not consider the renewal or replacement of an existing levy 10,772
as the authority to levy taxes that are subject to appropriation 10,773
in the current fiscal year unless the renewal or replacement levy 10,774
has been approved by the electors and is subject to appropriation 10,775
in the current fiscal year. In addition, a certificate attached, 10,777
in accordance with this section, to any contract shall cover the 10,778
term of the contract or the current fiscal year plus the two 10,779
immediately succeeding fiscal years, whichever period of years is 10,780
greater. If the board of education has not adopted a school 10,782
calendar for the school year beginning on the first day of the 10,783
fiscal year in which a certificate is required, the certificate 10,784
attached to an appropriation measure shall include the number of 10,785
days on which instruction was held in the preceding fiscal year 10,786
and other certificates required under this section shall include 10,787
that number of days for the fiscal year in which the certificate 10,788
is required and the succeeding fiscal year. Every contract made, 10,789
order given, or schedule adopted or put into effect without such 10,790
a certificate shall be void, and no payment of any amount due 10,791
thereon shall be made. The department of education and the 10,792
auditor of state jointly shall develop rules governing the 10,793
methods by which treasurers, presidents of boards of education, 10,794
222
and superintendents shall estimate revenue and determine whether 10,795
such revenue is sufficient to provide necessary operating revenue 10,797
for the purpose of making certifications required by this 10,798
section.
The auditor of state shall be responsible for determining 10,801
whether school districts are in compliance with this section. At 10,803
the time a school district is audited pursuant to section 117.11 10,804
of the Revised Code, the auditor of state shall review each 10,805
certificate issued under this section since the district's last 10,806
audit, and the appropriation measure, contract, order, or wage 10,807
and salary schedule to which such certificate was attached. This 10,808
provision shall not preclude any court from making a 10,809
determination regarding compliance with this section. If 10,810
noncompliance is determined, the provisions of section 117.28 of 10,811
the Revised Code shall have effect. 10,812
The treasurer shall forward a copy of each certificate of 10,814
available resources required under this section to the auditor of 10,815
any county in which a part of the district is located. The 10,816
county auditor shall not distribute property taxes or any payment 10,817
under Chapter 3317. of the Revised Code to a school district that 10,818
has not forwarded copies of all such certificates. If a county 10,819
auditor determines that a copy of a certificate has not been 10,820
forwarded as required, or has reason to believe that a 10,821
certificate for which a copy has been forwarded contains false 10,822
statements or that a certificate has not been signed and attached 10,823
to an appropriation measure, contract, order, or wage and salary 10,824
schedule as required by this section, the auditor shall provide 10,825
immediate written notification to the superintendent of public 10,826
instruction. In the case of a certificate which the auditor has 10,827
reason to believe contains false information or the failure to 10,828
sign and attach a certificate as required, the auditor shall also 10,829
provide immediate written notification to the auditor of state 10,830
and the county prosecuting attorney, city director of law, or 10,831
other chief law officer of the district. 10,832
223
This section does not apply to any contract, order, or 10,834
increase in any wage or salary schedule that is necessary in 10,835
order to enable a board of education to comply with division (B) 10,836
of section 3317.13 of the Revised Code, provided the contract, 10,837
order, or increase does not exceed the amount required to be paid 10,838
to be in compliance with such division. 10,839
Any officer, employee, or other person who knowingly 10,841
expends or authorizes the expenditure of any public funds or 10,842
knowingly authorizes or executes any contract, order, or schedule 10,843
contrary to this section, knowingly expends or authorizes the 10,844
expenditure of any public funds on the void contract, order, or 10,845
schedule, or knowingly issues a certificate under this section 10,846
which contains any false statements is liable to the school 10,847
district for the full amount paid from the district's funds on 10,848
the contract, order, or schedule. The officer, employee, or 10,849
other person is jointly and severally liable in person and upon 10,850
any official bond that the officer, employee, or other person has 10,852
given to the school district to the extent of any payments on the 10,853
void claim, not to exceed twenty thousand dollars. However, no 10,854
officer, employee, or other person shall be liable for a mistaken 10,855
estimate of available resources made in good faith and based upon 10,856
reasonable grounds. If an officer, employee, or other person is 10,857
found to have complied with rules adopted by the department of 10,858
education under this section governing methods by which revenue 10,859
shall be estimated and determined sufficient to provide necessary 10,860
operating revenue for the purpose of making certifications 10,861
required by this section, the officer, employee, or other person 10,862
shall not be liable under this section if the estimates and 10,863
determinations made according to those rules do not, in fact, 10,864
conform with actual revenue. The prosecuting attorney of the 10,866
county, the city director of law, or other chief law officer of 10,867
the district shall enforce this liability by civil action brought 10,868
in any court of appropriate jurisdiction in the name of and on 10,869
behalf of the school district. If the prosecuting attorney, city 10,870
224
director of law, or other chief law officer of the district 10,871
fails, upon the written request of any taxpayer, to institute 10,872
action for the enforcement of the liability, the taxpayer may 10,873
institute the action in the taxpayer's own name in behalf of the 10,875
subdivision.
This section does not require the attachment of an 10,877
additional certificate beyond that required by section 5705.41 of 10,878
the Revised Code for any purchase order, for current payrolls of, 10,879
or contracts of employment with, regular employees or officers. 10,880
This section does not require the attachment of a 10,882
certificate to a temporary appropriation measure if all of the 10,883
following apply: 10,884
(A) The amount appropriated does not exceed twenty-five 10,886
per cent of the total amount from all sources available for 10,887
expenditure from any fund during the preceding fiscal year; 10,888
(B) The measure will not be in effect on or after the 10,890
thirtieth day following the earliest date on which the district 10,891
may pass an annual appropriation measure; 10,892
(C) An amended official certificate of estimated resources 10,894
for the current year, if required, has not been certified to the 10,895
board of education under division (B) of section 5705.36 of the 10,896
Revised Code. 10,897
Sec. 5747.01. Except as otherwise expressly provided or 10,906
clearly appearing from the context, any term used in this chapter 10,907
has the same meaning as when used in a comparable context in the 10,908
Internal Revenue Code, and all other statutes of the United 10,909
States relating to federal income taxes. 10,910
As used in this chapter: 10,912
(A) "Adjusted gross income" or "Ohio adjusted gross 10,914
income" means adjusted gross income as defined and used in the 10,915
Internal Revenue Code, adjusted as provided in divisions (A)(1) 10,917
to (17) of this section:
(1) Add interest or dividends on obligations or securities 10,919
of any state or of any political subdivision or authority of any 10,920
225
state, other than this state and its subdivisions and 10,921
authorities.
(2) Add interest or dividends on obligations of any 10,923
authority, commission, instrumentality, territory, or possession 10,924
of the United States that are exempt from federal income taxes 10,925
but not from state income taxes. 10,926
(3) Deduct interest or dividends on obligations of the 10,928
United States and its territories and possessions or of any 10,929
authority, commission, or instrumentality of the United States to 10,930
the extent included in federal adjusted gross income but exempt 10,931
from state income taxes under the laws of the United States. 10,932
(4) Deduct disability and survivor's benefits to the 10,934
extent included in federal adjusted gross income. 10,935
(5) Deduct benefits under Title II of the Social Security 10,937
Act and tier 1 railroad retirement benefits to the extent 10,938
included in federal adjusted gross income under section 86 of the 10,939
Internal Revenue Code. 10,940
(6) Add, in the case of a taxpayer who is a beneficiary of 10,942
a trust that makes an accumulation distribution as defined in 10,943
section 665 of the Internal Revenue Code, the portion, if any, of 10,944
such distribution that does not exceed the undistributed net 10,945
income of the trust for the three taxable years preceding the 10,946
taxable year in which the distribution is made. "Undistributed 10,947
net income of a trust" means the taxable income of the trust 10,948
increased by (a)(i) the additions to adjusted gross income 10,949
required under division (A) of this section and (ii) the personal 10,950
exemptions allowed to the trust pursuant to section 642(b) of the 10,951
Internal Revenue Code, and decreased by (b)(i) the deductions to 10,952
adjusted gross income required under division (A) of this 10,953
section, (ii) the amount of federal income taxes attributable to 10,954
such income, and (iii) the amount of taxable income that has been 10,955
included in the adjusted gross income of a beneficiary by reason 10,956
of a prior accumulation distribution. Any undistributed net 10,957
income included in the adjusted gross income of a beneficiary 10,958
226
shall reduce the undistributed net income of the trust commencing 10,959
with the earliest years of the accumulation period. 10,960
(7) Deduct the amount of wages and salaries, if any, not 10,962
otherwise allowable as a deduction but that would have been 10,963
allowable as a deduction in computing federal adjusted gross 10,964
income for the taxable year, had the targeted jobs credit allowed 10,965
and determined under sections 38, 51, and 52 of the Internal 10,966
Revenue Code not been in effect. 10,967
(8) Deduct any interest or interest equivalent on public 10,969
obligations and purchase obligations to the extent included in 10,970
federal adjusted gross income. 10,971
(9) Add any loss or deduct any gain resulting from the 10,973
sale, exchange, or other disposition of public obligations to the 10,974
extent included in federal adjusted gross income. 10,975
(10) Regarding tuition credits purchased under Chapter 10,977
3334. of the Revised Code: 10,978
(a) Deduct the following: 10,980
(i) For credits that as of the end of the taxable year 10,983
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 10,985
amount of income related to the credits, to the extent included 10,986
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 10,989
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 10,990
the total purchase price of the tuition credits refunded over the 10,991
amount of refund, to the extent the amount of the excess was not 10,992
deducted in determining federal adjusted gross income; 10,993
(b) Add the following: 10,995
(i) For credits that as of the end of the taxable year 10,998
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 10,999
amount of loss related to the credits, to the extent the amount 11,000
of the loss was deducted in determining federal adjusted gross 11,001
227
income;
(ii) For credits that during the taxable year have been 11,004
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 11,006
the amount of refund over the purchase price of each tuition 11,007
credit refunded, to the extent not included in federal adjusted 11,008
gross income.
(11) Deduct, in the case of a self-employed individual as 11,010
defined in section 401(c)(1) of the Internal Revenue Code and to 11,011
the extent not otherwise allowable as a deduction in computing 11,012
federal adjusted gross income for the taxable year, the amount 11,013
paid during the taxable year for insurance that constitutes 11,015
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 11,017
shall be allowed to any taxpayer who is eligible to participate 11,018
in any subsidized health plan maintained by any employer of the 11,019
taxpayer or of the spouse of the taxpayer. No deduction under 11,020
division (A)(11) of this section shall be allowed to the extent 11,021
that the sum of such deduction and any related deduction 11,022
allowable in computing federal adjusted gross income for the 11,023
taxable year exceeds the taxpayer's earned income, within the 11,024
meaning of section 401(c) of the Internal Revenue Code, derived 11,025
by the taxpayer from the trade or business with respect to which 11,026
the plan providing the medical coverage is established. 11,027
(12) Deduct any amount included in federal adjusted gross 11,029
income solely because the amount represents a reimbursement or 11,030
refund of expenses that in a previous year the taxpayer had 11,031
deducted as an itemized deduction pursuant to section 63 of the 11,032
Internal Revenue Code and applicable United States department of 11,034
the treasury regulations.
(13) Deduct any portion of the deduction described in 11,036
section 1341(a)(2) of the Internal Revenue Code, for repaying 11,037
previously reported income received under a claim of right, that 11,038
meets both of the following requirements: 11,039
228
(a) It is allowable for repayment of an item that was 11,041
included in the taxpayer's adjusted gross income for a prior 11,042
taxable year and did not qualify for a credit under division (A) 11,043
or (B) of section 5747.05 of the Revised Code for that year; 11,044
(b) It does not otherwise reduce the taxpayer's adjusted 11,046
gross income for the current or any other taxable year. 11,047
(14) Deduct an amount equal to the deposits made to, and 11,049
net investment earnings of, a medical savings account during the 11,050
taxable year, in accordance with section 3924.66 of the Revised 11,051
Code. The deduction allowed by division (A)(14) of this section 11,052
does not apply to medical savings account deposits and earnings 11,053
otherwise deducted or excluded for the current or any other 11,054
taxable year from the taxpayer's federal adjusted gross income. 11,055
(15)(a) Add an amount equal to the funds withdrawn from a 11,057
medical savings account during the taxable year, and the net 11,058
investment earnings on those funds, when the funds withdrawn were 11,059
used for any purpose other than to reimburse an account holder 11,060
for, or to pay, eligible medical expenses, in accordance with 11,061
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 11,063
account under division (A)(2) of section 3924.68 of the Revised 11,064
Code during the taxable year. 11,065
(16) Add any amount claimed as a credit under section 11,067
5747.059 of the Revised Code to the extent that such amount 11,068
satisfies either of the following:
(a) The amount was deducted or excluded from the 11,070
computation of the taxpayer's federal adjusted gross income as 11,071
required to be reported for the taxpayer's taxable year under the 11,072
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 11,074
federal adjusted gross income as required to be reported for any 11,075
of the taxpayer's taxable years under the Internal Revenue Code. 11,076
(17) Deduct the amount contributed by the taxpayer to an 11,078
individual development account program established by a county 11,079
229
department of human services pursuant to sections 329.11 to 11,080
329.14 of the Revised Code for the purpose of matching funds 11,081
deposited by program participants. On request of the tax 11,082
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 11,083
amount deducted under division (A)(17) of this section. 11,084
(18) BEGINNING IN TAXABLE YEAR 2001, IF THE TAXPAYER IS 11,086
MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL 11,088
ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE 11,089
FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED 11,091
GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND 11,092
DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR 11,093
QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR 11,094
THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE 11,095
TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR 11,097
ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN 11,098
ELIGIBLE INSTITUTION. THE DEDUCTION MAY BE CLAIMED ONLY TO THE 11,099
EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED 11,100
OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED 11,101
GROSS INCOME. THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL 11,102
EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION 11,103
5747.27 OF THE REVISED CODE.
(19) ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE 11,105
YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18) 11,106
OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE 11,107
AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME. 11,108
(B) "Business income" means income arising from 11,110
transactions, activities, and sources in the regular course of a 11,111
trade or business and includes income from tangible and 11,112
intangible property if the acquisition, rental, management, and 11,113
disposition of the property constitute integral parts of the 11,114
regular course of a trade or business operation. 11,115
(C) "Nonbusiness income" means all income other than 11,117
230
business income and may include, but is not limited to, 11,118
compensation, rents and royalties from real or tangible personal 11,119
property, capital gains, interest, dividends and distributions, 11,120
patent or copyright royalties, or lottery winnings, prizes, and 11,121
awards. 11,122
(D) "Compensation" means any form of remuneration paid to 11,124
an employee for personal services. 11,125
(E) "Fiduciary" means a guardian, trustee, executor, 11,127
administrator, receiver, conservator, or any other person acting 11,128
in any fiduciary capacity for any individual, trust, or estate. 11,129
(F) "Fiscal year" means an accounting period of twelve 11,131
months ending on the last day of any month other than December. 11,132
(G) "Individual" means any natural person. 11,134
(H) "Internal Revenue Code" means the "Internal Revenue 11,136
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 11,137
(I) "Resident" means: 11,139
(1) An individual who is domiciled in this state, subject 11,141
to section 5747.24 of the Revised Code; 11,142
(2) The estate of a decedent who at the time of death was 11,145
domiciled in this state. The domicile tests of section 5747.24 11,146
of the Revised Code and any election under section 5747.25 of the 11,147
Revised Code are not controlling for purposes of division (I)(2) 11,148
of this section.
(J) "Nonresident" means an individual or estate that is 11,150
not a resident. An individual who is a resident for only part of 11,151
a taxable year is a nonresident for the remainder of that taxable 11,152
year. 11,153
(K) "Pass-through entity" has the same meaning as in 11,155
section 5733.04 of the Revised Code. 11,156
(L) "Return" means the notifications and reports required 11,158
to be filed pursuant to this chapter for the purpose of reporting 11,159
the tax due and includes declarations of estimated tax when so 11,160
required. 11,161
(M) "Taxable year" means the calendar year or the 11,163
231
taxpayer's fiscal year ending during the calendar year, or 11,164
fractional part thereof, upon which the adjusted gross income is 11,165
calculated pursuant to this chapter. 11,166
(N) "Taxpayer" means any person subject to the tax imposed 11,168
by section 5747.02 of the Revised Code or any pass-through entity 11,169
that makes the election under division (D) of section 5747.08 of 11,170
the Revised Code.
(O) "Dependents" means dependents as defined in the 11,172
Internal Revenue Code and as claimed in the taxpayer's federal 11,173
income tax return for the taxable year or which the taxpayer 11,174
would have been permitted to claim had the taxpayer filed a 11,175
federal income tax return. 11,177
(P) "Principal county of employment" means, in the case of 11,179
a nonresident, the county within the state in which a taxpayer 11,180
performs services for an employer or, if those services are 11,181
performed in more than one county, the county in which the major 11,182
portion of the services are performed. 11,183
(Q) As used in sections 5747.50 to 5747.55 of the Revised 11,185
Code:
(1) "Subdivision" means any county, municipal corporation, 11,187
park district, or township. 11,188
(2) "Essential local government purposes" includes all 11,190
functions that any subdivision is required by general law to 11,191
exercise, including like functions that are exercised under a 11,192
charter adopted pursuant to the Ohio Constitution. 11,193
(R) "Overpayment" means any amount already paid that 11,195
exceeds the figure determined to be the correct amount of the 11,196
tax. 11,197
(S) "Taxable income" applies to estates only and means 11,199
taxable income as defined and used in the Internal Revenue Code 11,200
adjusted as follows: 11,201
(1) Add interest or dividends on obligations or securities 11,203
of any state or of any political subdivision or authority of any 11,204
state, other than this state and its subdivisions and 11,205
232
authorities; 11,206
(2) Add interest or dividends on obligations of any 11,208
authority, commission, instrumentality, territory, or possession 11,209
of the United States that are exempt from federal income taxes 11,210
but not from state income taxes; 11,211
(3) Add the amount of personal exemption allowed to the 11,213
estate pursuant to section 642(b) of the Internal Revenue Code; 11,214
(4) Deduct interest or dividends on obligations of the 11,216
United States and its territories and possessions or of any 11,217
authority, commission, or instrumentality of the United States 11,218
that are exempt from state taxes under the laws of the United 11,219
States; 11,220
(5) Deduct the amount of wages and salaries, if any, not 11,222
otherwise allowable as a deduction but that would have been 11,223
allowable as a deduction in computing federal taxable income for 11,224
the taxable year, had the targeted jobs credit allowed under 11,225
sections 38, 51, and 52 of the Internal Revenue Code not been in 11,226
effect; 11,227
(6) Deduct any interest or interest equivalent on public 11,229
obligations and purchase obligations to the extent included in 11,230
federal taxable income; 11,231
(7) Add any loss or deduct any gain resulting from sale, 11,233
exchange, or other disposition of public obligations to the 11,234
extent included in federal taxable income; 11,235
(8) Except in the case of the final return of an estate, 11,237
add any amount deducted by the taxpayer on both its Ohio estate 11,238
tax return pursuant to section 5731.14 of the Revised Code, and 11,239
on its federal income tax return in determining either federal 11,240
adjusted gross income or federal taxable income; 11,241
(9) Deduct any amount included in federal taxable income 11,243
solely because the amount represents a reimbursement or refund of 11,244
expenses that in a previous year the decedent had deducted as an 11,245
itemized deduction pursuant to section 63 of the Internal Revenue 11,246
Code and applicable treasury regulations; 11,247
233
(10) Deduct any portion of the deduction described in 11,249
section 1341(a)(2) of the Internal Revenue Code, for repaying 11,250
previously reported income received under a claim of right, that 11,251
meets both of the following requirements: 11,252
(a) It is allowable for repayment of an item that was 11,254
included in the taxpayer's taxable income or the decedent's 11,255
adjusted gross income for a prior taxable year and did not 11,256
qualify for a credit under division (A) or (B) of section 5747.05 11,257
of the Revised Code for that year. 11,258
(b) It does not otherwise reduce the taxpayer's taxable 11,260
income or the decedent's adjusted gross income for the current or 11,261
any other taxable year. 11,262
(11) Add any amount claimed as a credit under section 11,264
5747.059 of the Revised Code to the extent that the amount 11,265
satisfies either of the following: 11,266
(a) The amount was deducted or excluded from the 11,268
computation of the taxpayer's federal taxable income as required 11,269
to be reported for the taxpayer's taxable year under the Internal 11,270
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 11,272
federal taxable income as required to be reported for any of the 11,273
taxpayer's taxable years under the Internal Revenue Code. 11,274
(T) "School district income" and "school district income 11,276
tax" have the same meanings as in section 5748.01 of the Revised 11,277
Code. 11,278
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 11,280
(S)(7) of this section, "public obligations," "purchase 11,281
obligations," and "interest or interest equivalent" have the same 11,282
meanings as in section 5709.76 of the Revised Code. 11,283
(V) "Limited liability company" means any limited 11,285
liability company formed under Chapter 1705. of the Revised Code 11,286
or under the laws of any other state. 11,287
(W) "Pass-through entity investor" means any person who, 11,289
during any portion of a taxable year of a pass-through entity, is 11,290
234
a partner, member, shareholder, or investor in that pass-through 11,291
entity.
(X) "Banking day" has the same meaning as in section 11,293
1304.01 of the Revised Code. 11,294
(Y) "Month" means a calendar month. 11,296
(Z) "Quarter" means the first three months, the second 11,298
three months, the third three months, or the last three months of 11,299
the taxpayer's taxable year.
(AA)(1) "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR 11,301
STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 11,302
3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE, 11,303
UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS 11,304
STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE 11,305
OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED
CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD 11,306
OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 11,307
REVISED CODE.
(2) "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES 11,309
IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT 11,310
OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN 11,311
EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY 11,312
EDUCATION. IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED 11,313
TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC
EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION 11,314
DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF 11,315
FIVE THOUSAND DOLLARS. "QUALIFIED TUITION AND FEES" DOES NOT 11,316
INCLUDE:
(a) EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS, 11,318
GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE 11,319
INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM; 11,320
(b) THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY 11,322
FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES 11,323
UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION; 11,324
(c) TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED 11,326
235
THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER 11,327
EDUCATIONAL BENEFIT PROGRAM.
(BB) Any term used in this chapter that is not otherwise 11,329
defined in this section and that is not used in a comparable 11,331
context in the Internal Revenue Code and other statutes of the 11,332
United States relating to federal income taxes has the same 11,333
meaning as in section 5733.40 of the Revised Code. 11,334
Sec. 5910.032. (A) A war orphans scholarship, as provided 11,343
under sections 5910.01 to 5910.06 of the Revised Code, shall be 11,344
granted to the child of any person who, in the course of 11,345
honorable service in the armed services of the United States, was 11,346
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 11,347
States' participation in armed conflict on or after January 1, 11,349
1960, and who IF EITHER OF THE FOLLOWING APPLY: 11,350
(1) THE PARENT, at the time of entry into the armed 11,352
services of the United States, or at the time the person PARENT 11,354
was declared to be a prisoner of war or missing in action, was a 11,355
resident of Ohio;
(2) IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A 11,357
RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A 11,358
PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN 11,359
OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE 11,360
APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST 11,361
TEN YEARS. Such
THE scholarships shall be in addition to the total number 11,363
of scholarships provided under section 5910.05 of the Revised 11,364
Code. Notwithstanding section 5910.03 of the Revised Code, 11,365
scholarships provided under this section shall be made to any 11,366
such child who, at the time of application, has attained the 11,367
sixteenth, but not the twenty-first, birthday. The termination 11,369
of a child's parent or guardian's status as a prisoner of war or 11,370
being missing in action does not affect such child's eligibility
for the benefit provided by this section. 11,371
236
(B) Scholarships provided under this section shall consist 11,373
of either of the following: 11,374
(1) A scholarship of the type described in division (A) of 11,376
section 5910.04 of the Revised Code together with reasonable and 11,377
necessary expenses for room, board, books, and laboratory fees. 11,378
The additional amount for such expenses shall be paid from moneys 11,379
appropriated by the general assembly for such purpose. 11,380
(2) A scholarship of the type described in division (B) of 11,382
section 5910.04 of the Revised Code together with an additional 11,383
grant equal to the average value of the reasonable and necessary 11,384
expenses granted under division (B)(1) of this section during the 11,385
preceding year for room, board, books, and laboratory fees. The 11,386
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 11,388
through the institution in which the child is enrolled. In no 11,389
case shall the additional grant exceed the amount actually 11,391
expended by the child for room, board, books, and laboratory 11,392
fees.
Sec. 5919.34. (A) As used in this section: 11,401
(1) "ACADEMIC TERM" MEANS ANY ONE OF THE FOLLOWING: 11,403
(a) FALL TERM, WHICH CONSISTS OF FALL SEMESTER OR FALL 11,405
QUARTER, AS APPROPRIATE; 11,406
(b) WINTER TERM, WHICH CONSISTS OF WINTER SEMESTER, WINTER 11,408
QUARTER, OR SPRING SEMESTER, AS APPROPRIATE; 11,409
(c) SPRING TERM, WHICH CONSISTS OF SPRING QUARTER; 11,411
(d) SUMMER TERM, WHICH CONSISTS OF SUMMER SEMESTER OR 11,413
SUMMER QUARTER, AS APPROPRIATE. 11,414
(2) "Eligible applicant" means any individual to whom all 11,416
of the following apply: 11,417
(a) The individual does not possess a baccalaureate 11,419
degree;.
(b) The individual has enlisted, re-enlisted, or extended 11,422
current enlistment in the Ohio national guard;. 11,423
(c) The individual is actively enrolled as a full-time or 11,426
237
part-time student for at least six credit hours of course work in 11,427
a semester or quarter in a two-year or four-year degree-granting 11,428
program at an institution of higher education or in a 11,429
diploma-granting program at an institution of higher education 11,431
that is a school of nursing;. 11,432
(d) The individual has not accumulated ninety-six 11,434
eligibility units under division (E) of this section. 11,435
(2)(3) "Institution of higher education" means an Ohio 11,438
institution of higher education that is state-assisted, that is 11,439
nonprofit and has received a certificate of authorization from 11,440
the Ohio board of regents pursuant to Chapter 1713. of the 11,442
Revised Code, or that holds a certificate of registration and 11,445
program authorization issued by the state board of proprietary 11,446
school registration pursuant to section 3332.05 of the Revised 11,447
Code. 11,448
(3)(4) "State university" has the same meaning as in 11,450
section 3345.011 of the Revised Code. 11,452
(B) There is hereby created an instructional grant program 11,455
to be known as the Ohio national guard tuition grant program. 11,457
The FOR THE FISCAL YEAR 2000, THE number of participants in the 11,458
program FOR THE FALL TERM IS LIMITED TO TWO THOUSAND FIVE 11,461
HUNDRED; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE WINTER 11,462
TERM IS LIMITED TO TWO THOUSAND FIVE HUNDRED; THE NUMBER OF 11,463
PARTICIPANTS IN THE PROGRAM FOR THE SPRING TERM IS LIMITED TO ONE 11,465
THOUSAND SIX HUNDRED SEVENTY-FIVE; AND THE NUMBER OF PARTICIPANTS 11,466
IN THE PROGRAM FOR THE SUMMER TERM IS LIMITED TO SIX HUNDRED. 11,467
FOR THE FISCAL YEAR 2001 AND SUCCEEDING FISCAL YEARS, THE NUMBER 11,468
OF PARTICIPANTS IN THE PROGRAM FOR THE FALL TERM IS LIMITED TO 11,469
THREE THOUSAND FIVE HUNDRED; THE NUMBER OF PARTICIPANTS IN THE 11,470
PROGRAM FOR THE WINTER TERM IS LIMITED TO THREE THOUSAND FIVE 11,471
HUNDRED; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SPRING 11,472
TERM IS LIMITED TO TWO THOUSAND THREE HUNDRED FORTY-FIVE; AND THE 11,473
NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM is 11,475
limited to four thousand per academic term EIGHT HUNDRED. NO 11,477
238
MEMBER OF THE NATIONAL GUARD MAY RECEIVE AN INSTRUCTIONAL GRANT 11,478
UNDER THE OHIO NATIONAL GUARD TUITION GRANT PROGRAM UNLESS THE 11,479
MEMBER APPLIES FOR AND ACCEPTS ALL AVAILABLE GRANTS, 11,480
SCHOLARSHIPS, AND OTHER FINANCIAL AID OTHER THAN BENEFITS 11,481
AVAILABLE UNDER "THE MONTGOMERY G.I. BILL ACT OF 1984," PUB. L. 11,483
NO. 98-525, 98 STAT. 2553 (1984). THE ADJUTANT GENERAL SHALL 11,485
REDUCE ANY INSTRUCTIONAL GRANTS A MEMBER RECEIVES BY THE AMOUNT 11,486
OF OTHER GRANTS, SCHOLARSHIPS, AND FINANCIAL AID, OTHER THAN
BENEFITS RECEIVED UNDER "THE MONTGOMERY G.I. BILL ACT OF 1984," 11,489
PUB. L. NO. 98-525, 98 STAT. 2553 (1984), THE MEMBER RECEIVES. 11,491
(C) If the adjutant general estimates that appropriations 11,493
for all instructional grants applied for under this section and 11,495
likely to be used during a AN ACADEMIC term are inadequate for 11,496
all eligible applicants for that ACADEMIC term to receive grants, 11,498
the adjutant general shall promptly inform all applicants not 11,501
receiving grants for that ACADEMIC term of the next ACADEMIC term 11,502
that appropriations will be adequate for the grants. Any such 11,503
eligible applicant may again apply for grants beginning that 11,505
ACADEMIC term if the applicant is in compliance with all 11,506
requirements established by this section and the adjutant general 11,507
for the program. The adjutant general shall process all 11,509
applications for instructional grants for each ACADEMIC term in 11,510
the order in which they are received. The grants shall be made 11,512
without regard to financial need. At no time shall one person be 11,513
placed in priority over another because of sex, race, or 11,514
religion.
(D) For each ACADEMIC term that an eligible applicant is 11,516
approved for an instructional grant under this section and 11,518
remains a current member in good standing of the Ohio national 11,520
guard, the institution of higher education in which the applicant 11,521
is enrolled shall, if the applicant's enlistment obligation 11,523
extends beyond the end of that ACADEMIC term, be paid on the 11,524
applicant's behalf the applicable one of the following amounts: 11,525
(1) If the institution is state-assisted, an amount equal 11,527
239
to sixty ONE HUNDRED per cent of the institution's tuition 11,530
charges; 11,531
(2) If the institution is a nonprofit private institution, 11,533
an amount equal to sixty ONE HUNDRED per cent of the average 11,534
tuition charges of all state universities; 11,535
(3) If the institution is an institution that holds a 11,537
certificate of registration from the state board of proprietary 11,538
school registration, the lesser of the following: 11,539
(a) An amount equal to sixty ONE HUNDRED per cent of the 11,542
total instructional and general charges of the institution;
(b) An amount equal to sixty ONE HUNDRED per cent of the 11,544
average tuition charges of all state universities. 11,547
(E) A grant recipient under this section shall be entitled 11,550
to receive instructional grants under this section for the number 11,551
of quarters or semesters it takes the recipient to accumulate 11,552
ninety-six eligibility units as determined under divisions (E)(1) 11,554
to (3) of this section.
(1) To determine the maximum number of semesters or 11,557
quarters for which a recipient is entitled to grants under this 11,558
section, the adjutant general shall convert a recipient's credit 11,559
hours of enrollment for each ACADEMIC term into eligibility units 11,560
in accordance with the following table:
Number of The The 11,568
credit following following
hours of number of number of
enrollment eligibility eligibility
in a AN units if units if 11,569
ACADEMIC a a quarter
term equals semester or
11,569
12 or more hours 12 units 8 units 11,574
9 but less than 12 9 units 6 units 11,575
6 but less than 9 6 units 4 units 11,576
(2) A grant recipient under this section may continue to 11,579
240
apply for grants under this section until the recipient has 11,580
accumulated ninety-six eligibility units. 11,581
(3) If a grant recipient withdraws from courses prior to 11,583
the end of a AN ACADEMIC term so that the recipient's enrollment 11,584
for that ACADEMIC term is less than six credit hours, no grant 11,586
shall be paid on behalf of that person for that ACADEMIC term 11,587
except that, if a grant has already been paid on behalf of the 11,589
person for that ACADEMIC term, the adjutant general shall add to 11,590
that person's accumulated eligibility units the number of 11,591
eligibility units for which the grant was paid. 11,592
(F) A grant recipient under this section who fails to 11,595
complete the term of enlistment, re-enlistment, or extension of 11,597
current enlistment the recipient was serving at the time an
instructional grant was paid on behalf of the recipient under 11,599
this section is liable to the state for repayment of a percentage 11,600
of all instructional grants paid on behalf of the recipient under 11,602
this section, plus interest at the rate of ten per cent per annum 11,604
calculated from the dates the grants were paid. This percentage 11,606
shall equal the percentage of the current term of enlistment, 11,608
re-enlistment, or extension of enlistment a recipient has not 11,609
completed as of the date the recipient is discharged from the
Ohio national guard. 11,610
The attorney general may commence a civil action on behalf 11,612
of the adjutant general to recover the amount of the grants and 11,613
the interest provided for in this division and the expenses 11,614
incurred in prosecuting the action, including court costs and 11,616
reasonable attorney's fees. A grant recipient is not liable 11,618
under this division if the recipient's failure to complete the 11,619
term of enlistment being served at the time an instructional 11,622
grant was paid on behalf of the recipient under this section is 11,623
due to the recipient's death; discharge from the national guard 11,625
due to disability; or the recipient's enlistment, for a term not 11,627
less than the recipient's remaining term in the national guard, 11,629
in the active COMPONENT OF THE UNITED STATES ARMED FORCES or THE 11,630
241
ACTIVE reserve forces COMPONENT of the United States armed 11,631
forces.
(G) On or before the first day of each ACADEMIC term, the 11,633
adjutant general shall provide an eligibility roster to each 11,634
institution of higher education at which one or more 11,635
instructional grant recipients have applied for enrollment. The 11,638
institution shall use the roster to certify the actual full-time 11,639
or part-time enrollment of each instructional grant recipient 11,641
listed as enrolled at the institution and return the roster to 11,643
the adjutant general within thirty days after the first day of 11,644
the ACADEMIC term. THE ADJUTANT GENERAL SHALL REPORT TO THE OHIO 11,645
BOARD OF REGENTS THE NUMBER OF STUDENTS IN THE GRANT PROGRAM AT 11,646
EACH INSTITUTION OF HIGHER EDUCATION, AND THE ADJUTANT GENERAL 11,647
AND THE OHIO BOARD OF REGENTS SHALL PROVIDE FOR PAYMENT OF THE 11,648
APPROPRIATE NUMBER AND AMOUNT OF INSTRUCTIONAL GRANTS TO EACH 11,649
INSTITUTION OF HIGHER EDUCATION PURSUANT TO DIVISION (D) OF THIS 11,650
SECTION. Within thirty days after the adjutant general receives 11,651
all the rosters, he THE ADJUTANT GENERAL shall report to the 11,652
director of budget and management, the speaker of the house of 11,654
representatives, and the president of the senate the number of 11,655
students in the tuition grant program and a projection of the 11,656
cost of the program for the remainder of the biennium. 11,657
Section 2. That existing sections 9.90, 125.05, 3301.80, 11,659
3301.801, 3302.01, 3302.02, 3302.07, 3311.213, 3313.603, 11,661
3313.608, 3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.09, 11,662
3314.11, 3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 3317.01, 11,663
3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 11,664
3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 11,665
3317.06, 3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 11,666
3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 11,667
3318.17, 3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.31, 11,668
3318.35, 3319.22, 3319.235, 3332.05, 3332.07, 3333.04, 3333.12, 11,669
3333.27, 3345.22, 3770.01, 3770.06, 4117.101, 5705.29, 5705.412, 11,670
5747.01, 5910.032, and 5919.34 and sections 3313.21, 3317.0214, 11,671
242
3317.053, 3317.16, 3318.23, 3318.24, and 3318.27 of the Revised 11,672
Code are hereby repealed.
Section 3. Except as otherwise provided, all appropriation 11,674
line items (ALI) in this act are hereby appropriated out of any 11,675
moneys in the state treasury to the credit of the designated 11,676
fund, which are not otherwise appropriated. For all 11,677
appropriations made in this act, those amounts in the first 11,678
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 11,679
FND ALI ALI TITLE FY 2000 FY 2001 11,680
Section 4. EDU DEPARTMENT OF EDUCATION 11,683
General Revenue Fund 11,685
GRF 200-100 Personal Services $ 11,940,600 $ 12,265,000 11,690
GRF 200-320 Maintenance and 11,692
Equipment $ 9,293,979 $ 4,943,979 11,694
GRF 200-406 Head Start $ 97,992,016 $ 101,843,825 11,698
GRF 200-408 Public Preschool $ 18,316,606 $ 18,756,205 11,702
GRF 200-410 Professional 11,704
Development $ 26,593,834 $ 27,418,834 11,706
GRF 200-411 Family and Children 11,708
First $ 10,642,188 $ 10,642,188 11,710
GRF 200-416 Vocational Education 11,712
Match $ 2,325,916 $ 2,381,738 11,714
GRF 200-420 Technical Systems 11,716
Development $ 3,450,000 $ 2,350,000 11,718
GRF 200-422 School Management 11,720
Assistance $ 1,387,186 $ 1,440,836 11,722
GRF 200-424 Policy Analysis $ 505,354 $ 637,655 11,726
GRF 200-426 Ohio Educational 11,728
Computer Network $ 25,089,772 $ 37,004,086 11,730
GRF 200-431 School Improvement 11,732
Models $ 25,100,000 $ 24,975,000 11,734
GRF 200-432 School Conflict 11,736
Management $ 411,645 $ 421,524 11,738
243
GRF 200-437 Student Proficiency $ 16,097,983 $ 15,692,045 11,742
GRF 200-441 American Sign 11,744
Language $ 231,449 $ 237,003 11,746
GRF 200-442 Child Care Licensing $ 1,477,003 $ 1,518,359 11,750
GRF 200-445 OhioReads 11,752
Admin/Volunteer
Support $ 5,000,000 $ 5,000,000 11,754
GRF 200-446 Education Management 11,756
Information System $ 13,799,674 $ 12,649,674 11,758
GRF 200-447 GED Testing/Adult 11,760
High School $ 2,033,187 $ 2,081,983 11,762
GRF 200-455 Community Schools $ 3,500,000 $ 3,500,000 11,766
GRF 200-500 School Finance Equity $ 47,042,224 $ 33,378,557 11,770
GRF 200-501 Base Cost Funding $3,449,393,212 $3,733,621,495 11,774
GRF 200-502 Pupil Transportation $ 265,946,768 $ 291,182,101 11,778
GRF 200-503 Bus Purchase 11,780
Allowance $ 38,132,291 $ 39,047,466 11,782
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 11,786
GRF 200-509 Adult Literacy 11,788
Education $ 9,361,964 $ 9,586,651 11,790
GRF 200-511 Auxiliary Services $ 110,255,190 $ 118,083,309 11,794
GRF 200-513 Summer Intervention $ 15,000,000 $ 15,000,000 11,798
GRF 200-514 Post-Secondary/Adult 11,800
Vocational Education $ 21,171,866 $ 21,679,991 11,802
GRF 200-520 Disadvantaged Pupil 11,804
Impact Aid $ 391,208,953 $ 391,208,954 11,806
GRF 200-521 Gifted Pupil Program $ 40,923,510 $ 42,081,624 11,810
GRF 200-524 Educational 11,812
Excellence and
Competency $ 10,445,999 $ 9,703,001 11,814
GRF 200-532 Nonpublic 11,816
Administrative Cost
Reimbursement $ 48,062,292 $ 51,474,714 11,818
GRF 200-533 School-Age Child Care $ 1,070,720 $ 1,096,417 11,822
244
GRF 200-534 Desegregation Costs $ 12,000,000 $ 11,700,000 11,826
GRF 200-540 Special Education 11,828
Enhancements $ 126,826,848 $ 137,220,164 11,830
GRF 200-545 Vocational Education 11,832
Enhancements $ 30,393,259 $ 32,662,107 11,834
GRF 200-546 Charge-Off Supplement $ 10,000,000 $ 20,000,000 11,838
GRF 200-547 Power Equalization $ 21,900,000 $ 34,700,000 11,842
GRF 200-551 Reading Improvement $ 1,704,454 $ 1,745,361 11,846
GRF 200-552 County MR/DD Boards 11,848
Vehicle Purchases $ 1,627,152 $ 1,666,204 11,850
GRF 200-553 County MR/DD Boards 11,852
Transportation
Operating $ 8,006,400 $ 9,895,910 11,854
GRF 200-558 Emergency Loan 11,856
Interest Subsidy $ 6,940,447 $ 5,470,150 11,858
GRF 200-566 OhioReads Grants $ 25,000,000 $ 25,000,000 11,862
GRF 200-570 School Improvement 11,864
Incentive Grants $ 10,000,000 $ 10,000,000 11,866
GRF 200-572 Teacher Incentive 11,868
Grants $ 5,000,000 $ 0 11,870
GRF 200-573 Character Education $ 1,050,000 $ 1,050,000 11,874
GRF 200-574 Substance Abuse 11,876
Prevention $ 2,300,000 $ 2,420,000 11,878
GRF 200-575 12th Grade 11,880
Proficiency Stipend $ 17,500,000 $ 17,500,000 11,882
GRF 200-901 Property Tax 11,884
Allocation -
Education $ 636,200,000 $ 673,960,000 11,886
GRF 200-906 Tangible Tax 11,888
Exemption - Education $ 69,000,000 $ 71,000,000 11,890
TOTAL GRF General Revenue Fund $5,718,101,941 $6,108,344,109 11,893
General Services Fund Group 11,896
138 200-606 Computer Services $ 4,255,067 $ 4,374,209 11,901
245
4D1 200-602 Ohio 11,903
Prevention/Education
Resource Center $ 293,321 $ 301,534 11,905
4L2 200-681 Teacher Certification 11,907
and Licensure $ 3,774,544 $ 3,880,232 11,909
452 200-638 Miscellaneous Revenue $ 295,000 $ 295,000 11,913
5H3 200-687 School District 11,915
Solvency Assistance $ 30,000,000 $ 30,000,000 11,917
596 200-656 Ohio Career 11,919
Information System $ 699,399 $ 718,084 11,921
TOTAL GSF General Services 11,922
Fund Group $ 39,317,331 $ 39,569,059 11,925
Federal Special Revenue Fund Group 11,928
309 200-601 Educationally 11,931
Disadvantaged $ 8,560,567 $ 8,988,595 11,933
366 200-604 Adult Basic Education $ 14,901,137 $ 14,901,137 11,937
3H9 200-605 Head Start 11,939
Collaboration Project $ 250,000 $ 250,000 11,941
367 200-607 School Food Services $ 9,492,000 $ 9,783,000 11,945
3T4 200-613 Public Charter 11,947
Schools $ 3,157,895 $ 4,725,000 11,949
368 200-614 Veterans' Training $ 609,517 $ 626,584 11,953
369 200-616 Vocational Education $ 7,500,000 $ 8,000,000 11,957
3L6 200-617 Federal School Lunch $ 163,500,000 $ 170,500,000 11,961
3L7 200-618 Federal School 11,963
Breakfast $ 40,500,000 $ 44,500,000 11,965
3L8 200-619 Child and Adult Care 11,967
Programs $ 58,600,000 $ 58,600,000 11,969
3L9 200-621 Vocational Education 11,971
Basic Grant $ 55,583,418 $ 57,139,754 11,973
3M0 200-623 ESEA Chapter One $ 375,633,666 $ 394,415,350 11,977
370 200-624 Education of All 11,979
Handicapped Children $ 274,949 $ 0 11,981
246
3T5 200-625 Coordinated School 11,983
Health $ 536,437 $ 536,437 11,985
3N7 200-627 School-to-Work $ 13,864,500 $ 14,252,706 11,989
371 200-631 EEO Title IV $ 488,052 $ 508,917 11,993
374 200-647 E.S.E.A. Consolidated 11,995
Grants $ 107,096 $ 110,094 11,997
376 200-653 J.T.P.A. $ 5,123,365 $ 5,266,819 12,001
3R3 200-654 Goals 2000 $ 19,453,001 $ 20,425,651 12,005
378 200-660 Math/Science 12,007
Technology
Investments $ 11,686,926 $ 12,271,272 12,009
3C5 200-661 Federal Dependent 12,011
Care Programs $ 17,996,709 $ 17,996,709 12,013
3D1 200-664 Drug Free Schools $ 20,026,500 $ 20,587,242 12,017
3D2 200-667 Honors Scholarship 12,019
Program $ 1,976,400 $ 2,371,680 12,021
3E2 200-668 AIDS Education 12,023
Project $ 620,774 $ 620,774 12,025
3S7 200-673 Child Care School Age $ 5,135,000 $ 5,278,000 12,029
3M1 200-678 ESEA Chapter Two $ 61,901,429 $ 16,591,501 12,033
3M2 200-680 Ind W/Disab Education 12,035
Act $ 143,000,000 $ 162,000,000 12,037
3P9 200-686 SRRC/FRC Evaluation 12,039
Project $ 51,350 $ 52,788 12,041
TOTAL FED Federal Special 12,042
Revenue Fund Group $1,040,530,688 $1,051,300,010 12,045
State Special Revenue Fund Group 12,048
4M4 200-637 Emergency Service 12,051
Telecommunication
Training $ 762,548 $ 783,899 12,053
4R7 200-695 Indirect Cost 12,055
Recovery $ 2,868,561 $ 2,948,881 12,057
4V7 200-633 Interagency 12,059
Vocational Support $ 645,359 $ 663,429 12,061
247
454 200-610 Guidance and Testing $ 503,912 $ 516,484 12,065
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 12,069
598 200-659 Auxiliary Services 12,071
Mobile Units $ 1,292,714 $ 1,328,910 12,073
620 200-615 Educational Grants $ 1,500,000 $ 1,500,000 12,077
TOTAL SSR State Special Revenue 12,078
Fund Group $ 15,573,094 $ 15,741,603 12,081
Lottery Profits Education Fund Group 12,084
017 200-612 Base Cost Funding $ 656,247,000 $ 660,467,000 12,089
017 200-682 Lease Rental Payment 12,091
Reimbursement $ 29,753,000 $ 29,733,000 12,093
TOTAL LPE Lottery Profits 12,094
Education Fund Group $ 686,000,000 $ 690,200,000 12,097
TOTAL ALL BUDGET FUND GROUPS $7,499,523,054 $7,905,154,781 12,100
Section 4.01. Personal Services 12,103
Of the foregoing appropriation item 200-100, Personal 12,105
Services, $120,000 in each fiscal year shall be used to support 12,106
the salary and fringe benefits of a teacher in residence and 12,107
support staff at the Governor's Office.
Maintenance and Equipment 12,109
Of the foregoing appropriation item 200-320, Maintenance 12,111
and Equipment, up to $25,000 may be expended in each year of the 12,112
biennium for State Board of Education out-of-state travel. 12,113
Of the foregoing appropriation item 200-320, Maintenance 12,115
and Equipment, $4,000,000 in fiscal year 2000 shall be reserved 12,116
to fund expenses associated with the Department of Education's 12,117
move from the Ohio Departments Building. The unencumbered 12,118
balance of the appropriation at the end of fiscal year 2000 is 12,119
hereby transferred to fiscal year 2001 to pay the cost of the
move of the Department of Education from the Ohio Departments 12,120
Building.
Of the foregoing appropriation item 200-320, Maintenance 12,122
and Equipment, $30,000 in each fiscal year shall be used to fund 12,123
the travel expenses and administrative overhead of the Teacher in 12,124
248
Residence and support staff at the Governor's Office. 12,125
Section 4.02. Head Start 12,127
The foregoing appropriation item 200-406, Head Start, shall 12,129
be distributed by the Department of Education to Head Start 12,130
agencies. A "Head Start agency" means an entity that has been 12,131
approved to be an agency in accordance with Section 641 [42 12,133
U.S.C. 9836< of the Head Start Act and amendments thereto, or an 12,134
entity designated for state Head Start funding under this 12,136
section. Participation in state funded Head Start programs is
voluntary.
Moneys distributed under this heading shall not be used to 12,138
reduce expenditures from funds received by a Head Start agency 12,139
from any other sources. Section 3301.31 of the Revised Code does 12,140
not apply to funds distributed under this heading. In lieu of 12,141
section 3301.31 of the Revised Code, distribution of moneys under 12,142
this heading shall be as follows:
(A) In fiscal years 2000 and 2001, up to two per cent of 12,144
the total appropriation may be used by the Department for 12,145
administrative costs of complying with this section; developing 12,146
program capacity; and assisting programs with facilities 12,148
planning, construction, renovation, or lease agreements in
combination with the Community Development Finance Fund (CDFF). 12,149
Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal 12,150
year 2001 may be used for training in early literacy for Head 12,151
Start classroom teachers and administrators to support the 12,152
OhioReads Initiative.
(B) The department shall provide an annual report to the 12,154
Governor, the Speaker of the House of Representatives, the 12,155
President of the Senate, the State Board of Education, Head Start 12,156
grantees, and other interested parties. The report shall include 12,157
the following:
(1) The number and per cent of eligible children by county 12,159
and by grantee;
(2) The amount of state funds requested for continuation 12,161
249
per grantee; 12,162
(3) The amount of state funds received for continuation 12,164
per grantee; 12,165
(4) A summary of program performance on the state critical 12,167
performance indicators; 12,168
(5) A summary of developmental progress of children 12,170
participating in the state funded Head Start program; 12,171
(6) Any other data reflecting the performance of Head 12,173
Start that the department considers pertinent. 12,174
(C) For purposes of this section, "eligible child" means a 12,176
child who is at least three years of age and not of compulsory 12,177
school age whose family earns no more than 100 per cent of the 12,178
federal poverty level.
The Department of Education, in consultation with the 12,180
Department of Human Services, interested parties, and Head Start 12,181
agencies shall formulate a method for determining an estimate of 12,182
the number of eligible children and the per cent served by 12,183
grantee(s) in each county.
(D) After setting aside amounts to make any payments due 12,185
from the prior fiscal year, in fiscal years 2000 and 2001, funds 12,186
shall first be distributed to recipients of Head Start funds 12,188
during the preceding fiscal year. Awards under this division may 12,190
be reduced by the amount received in that year for one-time
start-up costs and may be adjusted for actual months of program 12,191
operation or enrollment as reported during the first full week of 12,192
December, and may be increased by a reasonable percentage for 12,193
inflation to be determined by the Department of Education and in 12,194
accordance with this section. The Department may redistribute 12,195
dollars to programs demonstrating an unmet need based on updated 12,196
assessments of family needs and community resources, with special 12,197
attention to the projected impact of welfare reform. In fiscal
years 2000 and 2001, the department may authorize recipients to 12,198
carry over funds to the subsequent fiscal year. 12,199
The Department may reallocate unobligated or unspent money 12,201
250
to participating Head Start agencies for purposes of program 12,202
expansion, improvement, or special projects to promote excellence 12,203
and innovation.
(E) Costs for developing and administering a Head Start 12,205
program may not exceed fifteen per cent of the total approved 12,206
costs of the program.
All recipients of funds shall maintain such fiscal control 12,208
and accounting procedures as may be necessary to ensure the 12,209
disbursement of, and accounting for, these funds. The control of 12,210
funds provided in this program, and title to property obtained 12,211
therefrom, shall be under the authority of the approved recipient 12,212
for purposes provided in the program. The approved recipient 12,213
shall administer and use such property and funds for the purposes 12,214
specified. 12,215
Each recipient shall furnish the department an annual audit 12,217
that includes the review of state funds received under this 12,218
section.
(F) The department shall prescribe target levels for 12,222
critical performance indicators for the purpose of assessing Head 12,223
Start programs. On-site reviews and follow-up visits shall be
based on grantee progress in meeting the prescribed target 12,224
levels.
The department may audit a Head Start agency's financial 12,226
and program records. Head Start agencies that have financial 12,227
practices not in accordance with standard accounting principles, 12,228
that fail to substantially meet the Head Start performance 12,229
standards, or that exhibit below-average performance shall be 12,230
subject to an on-site review. 12,231
The department shall require corrective plans of action for 12,233
programs not achieving target levels or financial and program 12,234
standards. Action plans shall include activities to be conducted 12,236
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department 12,237
demonstrating targets have been met. The Policy Council 12,238
251
chairperson and the appropriate grantee board official shall sign 12,239
the corrective plans of action.
Programs not meeting performance targets in accordance with 12,242
the plan of action and prescribed timelines may have their
continuation funding reduced, be disqualified for expansion 12,243
consideration until targets are met, or have all state funds 12,244
withdrawn and a new grantee established.
The department shall require school districts to collect 12,246
"preschool" information by program type. All data shall be 12,247
reported via the Education Management Information System (EMIS). 12,248
(G) The Department shall require Head Start grantees to 12,250
document child progress, using a common instrument prescribed by 12,251
the department, and report results annually. The department 12,252
shall determine the dates for documenting and reporting. 12,253
The State Board of Education shall adopt rules addressing 12,255
the use of screening and assessment data, including, but not 12,256
limited to, all the following: 12,257
(1) Protection of the identity of individual children 12,259
through assignment of a unique but not personally identifiable 12,260
code;
(2) Parents' rights; 12,262
(3) Use of the data by school personnel as it relates to 12,264
kindergarten entrance. 12,265
(H) New agencies may be designated for state Head Start 12,267
funding if a Head Start agency voluntarily waives its right for 12,268
funding or is de-funded based on performance. 12,269
When such a condition exists, the department shall conduct 12,271
a competitive bidding process to select a new agency to provide 12,272
state funded continuation and/or expansion services. The bidding 12,273
process shall include notices of competitive bidding mailed to 12,274
delegate agencies in the affected area and to newspapers in the 12,275
Head Start service area.
Section 3313.646 of the Revised Code does not apply to 12,277
funds distributed under this section. 12,278
252
(I) It is the intent of the General Assembly that 12,280
appropriations for appropriation items 200-406, Head Start, and 12,281
200-408, Public Preschool, be available for transfer between Head 12,282
Start and public preschool programs so that unallocated funds may 12,283
be used between the two programs. 12,284
Section 4.03. Public Preschool 12,286
The Department of Education shall distribute the foregoing 12,288
appropriation item 200-408, Public Preschool, to pay the costs of 12,290
comprehensive preschool programs. As used in this section, 12,291
"school district" means a city, local, exempted village, or joint 12,292
vocational school district, or an educational service center. 12,294
(A) In fiscal years 2000 and 2001, up to two per cent of 12,296
the total appropriation may be used by the department for 12,297
administrative costs of complying with this section; developing 12,298
program capacity; and assisting programs with facilities 12,300
planning, construction, renovation, or lease agreements in 12,301
conjunction with the Community Development Finance Fund (CDFF).
(B) The department shall provide an annual report to the 12,304
Governor, the Speaker of the House of Representatives, the 12,305
President of the Senate, the State Board of Education, Head Start 12,306
grantees, and other interested parties. The report shall 12,307
include: 12,308
(1) The number and per cent of eligible children by county 12,310
and by school district; 12,311
(2) The amount of state funds requested for continuation 12,313
per school district;
(3) The amount of state funds received for continuation 12,315
per school district;
(4) A summary of program performance on the state critical 12,317
performance indicators in the public preschool program; 12,318
(5) A summary of developmental progress of children 12,320
participating in the state funded public preschool program; 12,321
(6) Any other data reflecting the performance of public 12,323
preschool programs that the department considers pertinent. 12,325
253
(C) For purposes of this section "eligible child" means a 12,327
child who is at least three years of age whose family earns no 12,329
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the 12,331
Department of Human Services, interested parties, and Head Start 12,332
agencies shall formulate a method for determining an estimate of 12,333
the number of eligible children and the percentage served by 12,334
grantees in each county. 12,335
(D) After setting aside amounts to make any payments due 12,337
from the prior fiscal year, in fiscal years 2000 and 2001, funds 12,339
shall first be distributed to recipients of funds during the 12,341
preceding fiscal year. Awards under this division may be reduced 12,342
by the amount received in that fiscal year for one-time start-up 12,343
costs and may be adjusted for actual months of program operation 12,344
or enrollment as reported during the first full week of December, 12,345
and may be increased by a reasonable percentage to be determined 12,346
by the Department of Education. The department may redistribute 12,347
dollars to programs demonstrating an unmet need based on updated 12,348
assessments of family needs and community resources, with special 12,349
attention to the projected impact of welfare reform. In fiscal 12,350
years 2000 and 2001, the department may authorize recipients to 12,352
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money 12,354
to participating school districts for purposes of program 12,355
expansion, improvement, or special projects to promote excellence 12,356
and innovation. 12,357
(E) Costs for developing and administering a preschool 12,359
program may not exceed fifteen per cent of the total approved 12,360
costs of the program. 12,361
All recipients of funds shall maintain such fiscal control 12,363
and accounting procedures as may be necessary to ensure the 12,364
disbursement of, and accounting for, these funds. The control of 12,365
funds provided in this program, and title to property obtained 12,366
therefrom, shall be under the authority of the approved recipient 12,367
254
for purposes provided in the program. The approved recipient 12,368
shall administer and use such property and funds for the purposes 12,369
specified. 12,370
(F) The department shall prescribe target levels for 12,372
critical performance indicators for the purpose of assessing 12,373
public preschool programs. On-site reviews and follow-up visits 12,374
shall be based on progress in meeting the prescribed target 12,375
levels.
The department may audit a school district's preschool 12,377
financial and program records. School districts that have 12,378
financial practices not in accordance with standard accounting 12,379
principles, that operate preschool programs that fail to 12,380
substantially meet the Head Start performance standards, or that 12,381
exhibit below-average performance shall be subject to an on-site 12,382
review.
The department shall require corrective plans of action for 12,384
programs not achieving target levels or financial and program 12,385
standards. Action plans shall include activities to be conducted 12,386
by the grantee and timelines for activities to be completed and 12,387
timelines for additional data submission to the department 12,388
demonstrating that targets have been met. The appropriate school 12,389
board official shall sign the corrective plans of action. 12,390
Public preschool programs not meeting performance targets 12,392
in accordance with the plan of action and prescribed timelines 12,393
may have their continuation funding reduced, be disqualified for 12,394
expansion consideration until targets are met, or have all state 12,395
funds withdrawn and a new program established. 12,396
(G) The department shall require public preschool programs 12,398
to document child progress, using a common instrument prescribed 12,399
by the department, and report results annually. The department 12,400
shall determine the dates for documenting and reporting. 12,401
The State Board of Education shall adopt rules addressing 12,403
the use of screening and assessment data, including, but not 12,404
limited to, all of the following: 12,405
255
(1) Protection of the identity of individual children 12,407
through assignment of a unique but not personally identifiable 12,408
code;
(2) Parents' rights; 12,410
(3) Use of the data by school personnel as it relates to 12,412
kindergarten entrance. 12,413
(H) Each school district shall develop a sliding fee scale 12,415
based on the family incomes in the district and shall charge 12,417
families who earn more than the federal poverty level for 12,418
preschool.
(I) It is the intent of the General Assembly that 12,420
appropriations for line item 200-406, Head Start, and 200-408, 12,421
Public Preschool, be available for transfer between Head Start 12,422
and Public Preschool programs so that unallocated funds may be 12,423
used between the two programs. 12,424
Section 4.04. Professional Development 12,426
Of the foregoing appropriation item 200-410, Professional 12,428
Development, $5,997,829 in each fiscal year shall be used by the 12,429
Department of Education to develop a statewide comprehensive 12,431
system of twelve professional development centers that support 12,432
local educators' ability to foster academic achievement in the 12,433
students they serve. The centers shall include training teachers 12,435
on site-based management concepts to encourage teachers to become 12,436
involved in the management of their schools. 12,437
Of the foregoing appropriation item 200-410, Professional 12,439
Development, $1,321,292 in each fiscal year shall be used by the 12,440
Department of Education to establish programs targeted at 12,441
recruiting under-represented populations into the teaching 12,442
profession. In each year, the appropriation item shall be used 12,443
by the department to include, but not be limited to, alternative 12,444
teacher licensure or certification programs emphasizing the 12,445
recruitment of highly qualified minority candidates into 12,446
teaching, including emphasizing the recruitment of highly 12,447
qualified minority candidates into teaching positions in schools 12,448
256
which have a high percentage of minority students. The
recruitment programs shall also target recruiting qualified 12,450
candidates available as a result of downsizing of the military 12,451
and business sectors. Funding shall also be targeted to 12,452
statewide, regional, and local programs that are competitively
selected as promising programs demonstrating the potential of 12,453
significantly increasing Ohio's minority teaching force. 12,454
Of the foregoing appropriation item 200-410, Professional 12,456
Development, $9,659,713 in each fiscal year shall be distributed 12,457
on a per teacher basis to all school districts and joint 12,458
vocational school districts for locally developed teacher 12,459
training and professional development and for the establishment 12,461
of local professional development committees in all school 12,462
districts and chartered nonpublic schools. School districts and 12,463
joint vocational school districts shall not be precluded from 12,464
using these funds for cooperative activities on a county or 12,465
regional basis. School districts with pass rates of less than 75 12,466
per cent on the fourth grade reading proficiency test shall
allocate no less than 40 per cent of these funds for professional 12,467
development for teachers in elementary literacy skills. 12,468
Of the foregoing appropriation item 200-410, Professional 12,470
Development, $115,000 in each fiscal year shall be used to fund 12,471
public institutions or agencies that provide educational services 12,472
and employ or contract the services of licensed educators for 12,473
establishing local professional development committees pursuant 12,474
to division (C)(5) of section 3319.22 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional 12,476
Development, $2,125,000 in fiscal year 2000 and $2,950,000 in 12,477
fiscal year 2001 shall be used by the Department of Education to 12,479
pay the application fee for teachers from public and chartered 12,480
nonpublic schools applying to the National Board for Professional 12,481
Teaching Standards for professional teaching certificates or 12,484
licenses that the board offers, and to provide grants in each 12,485
fiscal year to recognize and reward teachers who become certified 12,486
257
by the board pursuant to section 3319.55 of the Revised Code. 12,487
These moneys shall be used to pay for the first 500 12,490
applications in fiscal year 2000 and the first 600 applications 12,491
in fiscal year 2001 received by the department. Each prospective 12,492
applicant for certification or licensure shall submit an 12,493
application to the Department of Education. When the department 12,494
has collected a group of applications, but no later than 30 days 12,495
after receipt of the first application in a group, it shall send
the applications to the National Board for Professional Teaching 12,497
Standards along with a check to cover the cost of the application 12,498
fee for all applicants in that group. 12,499
Of the foregoing appropriation item 200-410, Professional 12,501
Development, up to $300,000 shall be used each fiscal year by the 12,502
Department of Education to support the connection of teacher 12,503
applicants to university programs that enhance applicant learning 12,505
and professional development during the National Board 12,506
Certification process.
Of the foregoing appropriation item 200-410, Professional 12,507
Development, up to $1,875,000 in each fiscal year shall be 12,508
allocated for entry year programs. Each fiscal year, up to 12,509
$1,250,000 shall be used for mentors and assessor training, and 12,510
up to $1,475,000 for peer review. The Department of Education
shall select eligible beginning teachers to participate in a 12,511
year-long entry year program that provides guidance and coaching 12,512
by experienced school district and university faculty and regular 12,513
teacher performance assessment. The program is designed to 12,514
assess each beginning teacher with the Education Testing 12,515
Service's Praxis III examination. These funds shall be used to
support the supervisory, teaching, and assessment services 12,516
associated with the pilot residency program in urban, suburban, 12,517
and rural sites.
Of the foregoing appropriation item 200-410, Professional 12,519
Development, up to $650,000 in each fiscal year shall be used to 12,520
continue Ohio leadership academies to develop and train 12,521
258
superintendents, principals, other administrators, and school 12,522
board members in new leadership and management practices to 12,523
support high performance schools. This training shall be
coordinated with other locally administered leadership programs. 12,524
Of the foregoing appropriation item 200-410, Professional 12,526
Development, up to $850,000 in each fiscal year shall be used to 12,527
support a two-year Principal's Leadership Academy that will serve 12,528
principals and their staff teams. An advisory panel comprised of 12,529
national business and education experts shall advise the Ohio 12,530
Department of Education on content and delivery of curriculum and 12,531
instruction.
Of the foregoing appropriation item 200-410, Professional 12,533
Development, up to $975,000 in each fiscal year shall be used to 12,534
establish an entry year program for principals. Grants shall be 12,535
issued to pilot sites that shall develop prototypes of the 12,536
program in a variety of contexts. These sites shall also pilot 12,537
the School Leaders Licensure Assessment, which was developed by
the Educational Testing Service at a cost of $450 per assessment. 12,538
Section 4.05. Family and Children First 12,540
(A) Of the foregoing appropriation item 200-411, Family 12,542
and Children First, the Department of Education shall transfer up 12,543
to $3,677,188 in each fiscal year by intrastate transfer voucher 12,545
to the Department of Mental Retardation and Developmental 12,546
Disabilities. These funds shall be spent on direct grants to 12,547
county family and children first councils created under section 12,550
121.37 of the Revised Code. The funds shall be used as partial 12,551
support payment and reimbursement for the maintenance and 12,552
treatment costs of multi-need children that come to the attention 12,553
of the Family and Children First Cabinet Council pursuant to 12,554
section 121.37 of the Revised Code. The Department of Mental 12,555
Retardation and Developmental Disabilities shall administer the 12,556
distribution of the direct grants to the county councils. The 12,558
Department of Mental Retardation and Developmental Disabilities 12,560
may use up to five per cent of this amount for administrative 12,561
259
expenses associated with the distribution of funds to the county 12,562
councils.
(B) Of the funds appropriated in this item, up to 12,564
$1,775,000 in each fiscal year shall be used as administrative 12,565
grants to county family and children first councils to provide a 12,567
portion of the salary and fringe benefits necessary to fund 12,568
county council coordinators, administrative support, training, or 12,570
parental involvement. The total initial grant under this 12,571
provision to any county family and children first council shall 12,572
not exceed $20,000. In the event that not all counties in the 12,574
state have established a county council, at the beginning of the 12,575
fourth quarter of a fiscal year, any remaining funds to be used
as administrative grants may be redirected by the Family and 12,576
Children First Cabinet Council to other priorities and 12,577
activities. Of the funds appropriated in this item, up to 12,579
$15,000 shall be used by the Family and Children First Cabinet 12,580
Council for administrative costs, including stipends to family 12,581
representatives participating in approved activities of the 12,582
initiative, educational and informational forums, and technical 12,583
assistance to local family and children first councils. 12,584
(C) Of the foregoing appropriation item 200-411, Family 12,586
and Children First, up to $5,190,000 in each fiscal year shall be 12,588
used to fund school-based or school-linked school readiness 12,589
resource centers in school districts where there is a 12,590
concentration of risk factors to school readiness and success, 12,591
including indicators of poverty, health, and family stability. 12,592
The purpose of these centers is to assist in providing services 12,593
to families of school-age children who want and need support. 12,594
School readiness resource centers shall be located in each 12,596
of the state's 21 urban school districts as defined in division 12,597
(O) of section 3317.02 of the Revised Code, as that section 12,599
existed prior to July 1, 1998. The Ohio Family and Children 12,601
First Cabinet Council, in consultation with the Department of 12,602
Education and school districts, shall identify individual schools 12,603
260
based on quantitative and qualitative factors that reflect both 12,604
the need for school readiness resource centers and the local 12,605
capacity for redesigning, as necessary, a delivery system of 12,606
family support services. The council and the Department of 12,607
Education shall organize and provide technical assistance to the 12,608
school districts and communities in planning, developing, and 12,609
implementing the centers. The council shall also negotiate a
performance agreement that details required program 12,610
characteristics, service options, and expected results. 12,611
Each urban school district and community may receive up to 12,613
$240,000 to maintain three school readiness resource centers that 12,614
are located in or linked to elementary, middle, and high school 12,615
sites that are connected by student assignment patterns within 12,616
the school districts. Each school district shall work with a 12,617
representative of the local family and children first council and 12,619
a representative cross-section of families and community leaders 12,620
in the district to operate the school readiness resource centers 12,621
based upon conditions agreed to in the performance agreement 12,622
negotiated with the state council. 12,623
Up to $50,000 in each fiscal year may be used by the Ohio 12,625
Family and Children First Cabinet Council for an evaluation of 12,626
the effectiveness of the school readiness resource centers. Up 12,627
to $100,000 in each fiscal year may be used by the cabinet 12,628
council to approve technical assistance and oversee the 12,629
implementation of the centers. The administration and management 12,630
of the school readiness resource centers may be contracted out 12,631
through a competitive bidding process established by the cabinet 12,632
council in consultation with the Department of Education. 12,633
Section 4.06. Vocational Education Match 12,635
The foregoing appropriation item 200-416, Vocational 12,637
Education Match, shall be used by the Department of Education to 12,638
provide vocational administration matching funds pursuant to 20 12,639
U.S.C. 2311. 12,640
Technical Systems Development 12,642
261
The foregoing appropriation item 200-420, Technical Systems 12,644
Development, shall be used to support several information system 12,645
development projects that are designed to improve the performance 12,646
and customer service of the Ohio Department of Education. 12,647
Implementation of these systems shall allow the department to 12,648
provide greater levels of assistance and more timely information 12,649
to school districts, administrators, and legislators. 12,650
Up to $2,500,000 in fiscal year 2000 shall be used for 12,652
development and testing of the school administration software of 12,653
EMIS. Up to $250,000 in fiscal year 2000 shall be used for the 12,654
construction plans of the EMIS redesign. 12,655
In fiscal year 2000, up to $300,000 may be used for the 12,657
Department's maintenance contract for database management 12,658
software; up to $100,000 shall be used for Phase I of the 12,659
Department's data warehouse software purchase and maintenance 12,660
fees; and up to $300,000 shall be used for Phase II of the data 12,661
warehouse project. 12,662
In fiscal year 2001, up to $1,800,000 shall be used for 12,664
EMIS conversion, including district support and technical 12,665
assistance; up to $350,000 may be used for the Department's 12,666
annual maintenance contract for database management software; and 12,667
up to $200,000 shall be used to support the data warehouse 12,668
project.
School Management Assistance 12,670
The foregoing appropriation item 200-422, School Management 12,672
Assistance, shall be used by the Department of Education to 12,673
provide fiscal technical assistance and inservice education for 12,674
school district management personnel and to administer, monitor, 12,676
and implement the fiscal watch and fiscal emergency provisions 12,677
under Chapter 3316. of the Revised Code.
Policy Analysis 12,679
The foregoing appropriation item 200-424, Policy Analysis, 12,681
shall be used by the Department of Education to develop software 12,683
and other computer assistance to maintain and enhance a system of 12,684
262
administrative, statistical, and legislative education
information to be used for policy analysis. The data base shall 12,685
be kept current at all times. Such a system will be used to 12,686
supply information and analysis of data to the General Assembly 12,687
and other state policy makers, including the Office of Budget and 12,688
Management and the Legislative Budget Office of the Legislative 12,689
Service Commission. 12,690
The Department of Education may use funding from this line 12,692
item to purchase or contract for the development of software 12,693
systems or contract for policy studies that will assist in the 12,695
provision and analysis of policy-related information.
Ohio Education Computer Network 12,697
The foregoing appropriation item 200-426, Ohio Educational 12,699
Computer Network, shall be used by the Department of Education to 12,700
maintain a system of information technology throughout Ohio and 12,701
to provide technical assistance for such a system in support of 12,702
the State Education Technology Plan pursuant to section 3301.07 12,703
of the Revised Code. 12,704
This system shall support the development, maintenance, and 12,706
operation of a network of uniform and compatible computer-based 12,707
information and instructional systems. The technical assistance 12,708
shall include, but not be restricted to, the development and 12,709
maintenance of adequate computer software systems to support 12,710
network activities. Program funds may be used, through a formula 12,711
and guidelines devised by the department, to subsidize the 12,712
activities of not more than twenty-four designated data 12,713
acquisition sites, as defined by State Board of Education rules, 12,714
to provide to school districts and chartered nonpublic schools 12,715
computer-based student and teacher instructional and 12,717
administrative information services, including approved 12,718
computerized financial accounting, to assure the effective 12,719
operation of local automated administrative and instructional 12,720
systems.
In order to broaden the scope of the use of technology for 12,722
263
education, the department may use up to $250,000 in each fiscal 12,723
year to coordinate the activities of the computer network with 12,725
other agencies funded by the department or the state. In order 12,726
to improve the efficiency of network activities, the department 12,727
and data acquisition sites may jointly purchase equipment, 12,728
materials, and services from funds provided under this 12,729
appropriation for use by the network and, when considered 12,730
practical by the department, may utilize the services of 12,731
appropriate state purchasing agencies. 12,732
Of the foregoing appropriation item 200-426, Ohio 12,734
Educational Computer Network, up to $10,260,000 in fiscal year 12,735
2000 and $19,000,000 in fiscal year 2001 shall be used by the 12,736
Department of Education to support connections of all public 12,737
school buildings to the Ohio Education Computer Network. In each
fiscal year the Department of Education shall use these funds to 12,738
help reimburse data acquisition sites or school districts for the 12,739
operational costs associated with using the Ohio Education 12,740
Computer Network. The Department of Education shall develop a 12,741
formula and guidelines for the distribution of these funds to the 12,742
data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use 12,744
up to $1,939,772 to continue to manage and develop the statewide 12,745
union catalog and InfOhio Network of library resources that will 12,746
be accessible to all school districts through the Ohio Education 12,747
Computer Network up to $1,994,086 in fiscal year 2001 shall be 12,748
used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in 12,751
fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to 12,752
assist designated data acquisition sites with operational costs 12,753
associated with the increased use of the Ohio Education Computer 12,755
Network by chartered nonpublic schools. The Department of 12,756
Education shall develop a formula and guidelines for distribution 12,758
of these funds to designated data acquisition sites.
Section 4.07. School Improvement Models 12,760
264
The foregoing appropriation item 200-431, School 12,762
Improvement Models, shall be used by the Department of Education 12,763
to continue to support the creation of a statewide network of 12,764
school improvement sites by providing competitive venture capital 12,765
grants to schools that demonstrate the capacity to invent or 12,766
adapt school improvement models. The department shall showcase 12,767
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 12,768
administrators and teachers outside the district can benefit from 12,770
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 12,771
schools and up to $6,225,000 in fiscal year 2001 shall be used to 12,772
provide grants of $25,000 to 249 schools. 12,773
The Superintendent of Public Instruction shall assess 12,776
individual school district responses to the performance audits
conducted by the Auditor of State as required by Am. Sub. H.B. 12,777
215 of the 122nd General Assembly. These assessments shall be 12,779
compiled into a report to the Speaker of the House of 12,780
Representatives, the President of the Senate, and the chairs and
ranking minority members of the House and Senate committees on 12,781
education and finance. 12,782
Of the foregoing appropriation item 200-431, School 12,784
Improvement Models, $5,000,000 shall be used in each fiscal year 12,786
for the development and distribution of school report cards
pursuant to section 3302.03 of the Revised Code and the 12,787
development of core competencies for the proficiency tests. 12,788
Of the foregoing appropriation item 200-431, School 12,790
Improvement Models, $250,000 in each fiscal year shall be used 12,792
for the development and operation of a Safe Schools Center. The 12,793
Department of Education shall oversee the creation of a center 12,794
that provides resources to school district personnel, parents,
juvenile justice representatives, and law enforcement that 12,795
identify effective strategies for improving school safety and 12,796
reducing threats to the security of students and school 12,797
265
personnel.
Of the foregoing appropriation item 200-431, School 12,799
Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 12,800
in fiscal year 2001 shall be used to provide technical assistance 12,801
for comprehensive school improvement.
Of the foregoing appropriation item 200-431, School 12,803
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 12,804
in fiscal year 2001 shall be used for professional development in 12,805
literacy for classroom teachers, administrators, and literacy 12,806
specialists to support the OhioReads initiative.
School Conflict Management 12,808
Of the foregoing appropriation item 200-432, School 12,810
Conflict Management, amounts shall be used by the Department of 12,811
Education for the purpose of providing dispute resolution and 12,812
conflict management training, consultation, and materials for 12,813
school districts, and for the purpose of providing competitive 12,814
school conflict management grants to school districts. 12,815
The Department of Education shall assist the Commission on 12,817
Dispute Resolution and Conflict Management in the development and 12,818
dissemination of the school conflict management program. 12,820
Student Proficiency 12,822
The foregoing appropriation item 200-437, Student 12,824
Proficiency, shall be used to develop, field test, print, 12,825
distribute, score, and report results from the tests required 12,826
under sections 3301.0710 and 3301.0711 of the Revised Code and 12,828
for similar purposes as required by section 3301.27 of the 12,829
Revised Code.
American Sign Language 12,831
Of the foregoing appropriation item 200-441, American Sign 12,833
Language, up to $150,000 in each fiscal year shall be used to 12,835
implement pilot projects for the integration of American Sign 12,836
Language deaf language into the kindergarten through 12,837
twelfth-grade curriculum.
The remainder of the appropriation shall be used by the 12,839
266
Department of Education to provide supervision and consultation 12,840
to school districts in dealing with parents of handicapped 12,841
children who are deaf or hard of hearing, in integrating American 12,842
Sign Language as a foreign language, and in obtaining 12,843
interpreters and improving their skills. 12,844
Child Care Licensing 12,846
The foregoing appropriation item 200-442, Child Care 12,848
Licensing, shall be used by the Department of Education to 12,849
license and to inspect preschool and school-age child care 12,850
programs in accordance with sections 3301.52 to 3301.59 of the 12,851
Revised Code.
OhioReads Administration/Volunteer Support 12,853
The foregoing appropriation item 200-445, OhioReads 12,855
Admin/Volunteer Support, may be allocated by the OhioReads 12,856
Council for volunteer coordinators in public school buildings, to 12,857
educational service centers for costs associated with volunteer 12,858
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with 12,859
administering the program. 12,861
Section 4.08. Education Management Information System 12,863
The foregoing appropriation item 200-446, Education 12,865
Management Information System, shall be used to provide school 12,866
districts with the means to implement local automated information 12,867
systems, to implement the common student information management 12,868
software developed by the Department of Education, and to 12,869
implement, develop, and improve the Education Management 12,870
Information System (EMIS). 12,871
Up to $1,000,000 in each fiscal year shall be used by the 12,874
Department of Education to assist designated data acquisition 12,875
sites or school districts with deployment of the common student
information management software, and for hardware, personnel, 12,877
equipment, staff development, software, and forms modification, 12,878
as well as to support EMIS special report activities in the 12,879
department that are designed to use the data collected by the 12,880
267
system.
Up to $2,714,234 in fiscal year 2000 and $2,782,090 in 12,882
fiscal year 2001 shall be distributed to designated data 12,883
acquisition sites for costs relating to the processing, storing, 12,884
and transfer of data for the effective operation of the EMIS. 12,886
These costs may include, but are not limited to, personnel, 12,887
hardware, software development, communications connectivity, 12,888
professional development and support services, and to provide 12,889
services to participate in the State Education Technology Plan 12,890
pursuant to section 3301.07 of the Revised Code.
Up to $6,023,718 in fiscal year 2000 and $6,174,310 in 12,892
fiscal year 2001 shall be distributed to school districts and 12,893
joint vocational school districts on a per-pupil basis. From 12,894
this money, each school district with enrollment greater than 100 12,895
students and each vocational school district shall receive a 12,896
minimum of $5,000 for each year of the biennium. Each school 12,897
district with enrollment between one and one hundred and each 12,898
county office of education shall receive $3,000 for each year of 12,899
the biennium. This money shall be used for costs associated with 12,900
the development and operation of local automated record based 12,901
information systems that provide data as required by the 12,902
education management information system, and facilitate local 12,903
district, school, and classroom management activities. 12,904
GED Testing/Adult High School 12,906
The foregoing appropriation item 200-447, GED Testing/Adult 12,908
High School, shall be used to provide General Educational 12,909
Development (GED) testing at no cost to first time applicants, 12,910
pursuant to rules adopted by the State Board of Education. Of 12,911
the foregoing appropriation item 200-447, GED Testing/Adult High 12,912
School, up to $250,000 in each fiscal year shall be used by the 12,913
department to reimburse local shool districts for a portion of 12,915
the costs incurred in providing summer instructional or
intervention services to students who have not graduated due to 12,916
their inability to pass one or more parts of the state's ninth 12,917
268
grade proficiency test. School districts may provide these 12,918
services to students directly or contract with post-secondary or 12,919
nonprofit community-based institutions in providing instruction. 12,920
The remainder of the appropriation shall be used for state 12,921
reimbursement to school districts for adult high school
continuing education programs pursuant to section 3313.531 of the 12,922
Revised Code or for costs associated with awarding adult high 12,923
school diplomas under section 3313.611 of the Revised Code. 12,924
Community Schools 12,926
Of the foregoing appropriation item 200-455, Community 12,928
Schools, up to $100,000 in each fiscal year may be used by the 12,929
Lucas County Educational Service Center to pay for additional 12,930
services provided to community schools, subject to the reporting 12,931
by the service center of actual expenses incurred to the 12,932
Department of Education. In each fiscal year, up to $400,000 may 12,933
be used by the Office of School Options in the Department of 12,934
Education for additional services and responsibilities under 12,935
section 3314.11 of the Revised Code. 12,936
The remaining appropriation may be used by the Department 12,938
of Education and the Lucas County Educational Service Center to 12,939
make grants of up to $50,000 to each proposing group with a 12,940
preliminary agreement obtained under division (C)(2) of section 12,941
3314.02 of the Revised Code in order to defray planning and 12,944
initial start-up costs. In the first year of operation of a
community school, the Department of Education and the Lucas 12,945
County Educational Service Center may make a grant of no more 12,946
than $100,000 to the governing authority of the school to 12,947
partially defray additional start-up costs. The amount of the 12,948
grant shall be based on a thorough examination of the needs of 12,949
the community school. The Department of Education and the Lucas 12,950
County Educational Service Center shall not utilize moneys 12,951
received under this section for any other purpose other than 12,952
those specified under this section. The department shall 12,953
allocate an amount to the Lucas County Educational Service Center 12,954
269
for grants to schools in the Lucas County pilot project area 12,955
under this paragraph.
A community school awarded start-up grants from 12,957
appropriation item 200-613, Public Charter Schools (Fund 3T4), 12,958
shall not be eligible for grants under this section. 12,959
Section 4.09. School Finance Equity 12,961
The foregoing appropriation item 200-500, School Finance 12,963
Equity, shall be distributed to school districts based on the 12,964
formula specified in section 3317.0213 of the Revised Code. 12,965
Section 4.10. Base Cost Funding 12,967
Of the foregoing appropriation item 200-501, Base Cost 12,969
Funding, up to $3,000,000 in fiscal year 2000 shall be expended 12,971
by the State Board of Education for the extended service 12,972
allowance which shall be the teachers' salaries pursuant to the 12,973
schedule contained in section 3317.13 of the Revised Code, plus 12,974
fifteen per cent for retirement and sick leave; up to $425,000 12,976
shall be expended in each year of the biennium for court payments 12,977
pursuant to section 2151.357 of the Revised Code; an amount shall 12,978
be available each year of the biennium for the cost of the 12,979
reappraisal guarantee pursuant to section 3317.04 of the Revised 12,980
Code; an amount shall be available in each year of the biennium 12,981
to make payments to school districts pursuant to division (A)(2) 12,982
of section 3317.022 of the Revised Code; up to $15,000,000 in 12,983
each year of the biennium shall be reserved for payments pursuant 12,984
to sections 3317.026, 3317.027, and 3317.028 of the Revised Code 12,985
except that the Controlling Board may increase the $15,000,000 12,986
amount if presented with such a request from the Department of 12,987
Education. Of the foregoing appropriation item 200-501, Base 12,988
Cost Funding, up to $14,000,000 shall be used in each fiscal year 12,989
to provide additional state aid to school districts for students 12,990
in category three special education ADM pursuant to division 12,991
(C)(4) of section 3317.022 of the Revised Code; up to $2,000,000 12,992
in each year of the biennium shall be reserved for Youth Services 12,993
tuition payments pursuant to section 3317.024 of the Revised 12,994
270
Code; up to $50,000,000 in fiscal year 2000 and up to $52,000,000 12,996
in fiscal year 2001 shall be reserved to fund the state 12,997
reimbursement of educational service centers pursuant to section 12,998
3317.11 of the Revised Code.
Of the foregoing appropriation item 200-501, Base Cost 13,000
Funding, up to $1,000,000 in each fiscal year shall be used by 13,002
the Department of Education for a pilot program to pay for 13,003
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 13,004
facilities described in division (A) of the section titled 13,005
"Private Treatment Facility Pilot Project." 13,006
Of the foregoing appropriation item 200-501, Base Cost 13,008
Funding, up to $100,000 in each fiscal year shall be used by the 13,009
Department of Education to provide awards to teachers, school 13,010
buildings, or school districts that promote parental involvement 13,011
in outstanding ways. The practices, methods, and lessons learned 13,012
from the award winners shall be shared with all school districts 13,013
by the Department of Education 13,014
The remaining portion of this appropriation item shall be 13,016
expended for the public schools of city, local, exempted village, 13,019
and joint vocational school districts, including base cost 13,020
funding, special education weight funding, special education 13,021
speech service enhancement funding, vocational education weight 13,022
funding, vocational education associated service funding, 13,023
guarantee funding, and teacher training and experience funding 13,024
pursuant to sections 3317.022, 3317.023, 3317.0212, and 3317.16 13,025
of the Revised Code. 13,026
Notwithstanding section 3301.17, division (I) of section 13,028
3317.024, and division (B)(3) of section 3317.19 of the Revised 13,029
Code, the Department of Education shall not pay in fiscal years 13,030
2000 and 2001 the driver education subsidy to school districts 13,031
and commercial driver training schools.
Section 4.11. Pupil Transportation 13,033
Of the foregoing appropriation item 200-502, Pupil 13,035
271
Transportation, up to $755,000 may be used by the Department of 13,036
Education each year for training prospective and experienced 13,037
school bus drivers in accordance with training programs 13,038
prescribed by the department; up to $38,175,000 in fiscal year 13,040
2000 and $50,490,000 in fiscal year 2001 shall be used for 13,041
handicapped transportation; up to $300,000 in fiscal year 2000 13,043
shall be used by the Department of Education to pay driver 13,044
education vouchers issued prior to June 8, 1999; and the 13,045
remainder shall be used for the state reimbursement of public 13,046
school districts' costs in transporting pupils to and from the 13,047
school to which they attend in accordance with the district's
policy, State Board of Education standards, and the Revised Code. 13,048
Bus Purchase Allowance 13,050
The foregoing appropriation item 200-503, Bus Purchase 13,052
Allowance, shall be distributed to school districts and 13,053
educational service centers pursuant to rules adopted under 13,055
section 3317.07 of the Revised Code. Up to 25 per cent of the 13,056
amount appropriated may be used to reimburse school districts and 13,057
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 13,059
School Lunch 13,061
The foregoing appropriation item 200-505, School Lunch 13,063
Match, shall be used to provide matching funds to obtain federal 13,064
funds for the school lunch program. 13,065
Section 4.12. Adult Literacy Education 13,067
The foregoing appropriation item 200-509, Adult Literacy 13,069
Education, shall be used to support adult basic and literacy 13,070
education instructional programs, the State Literacy Resource 13,071
Center Program, and the State Advisory Council on Adult Education 13,072
and Literacy. 13,073
Of the foregoing appropriation item 200-509, Adult Literacy 13,076
Education, up to $520,000 in fiscal year 2000 and $532,500 in 13,077
fiscal year 2001 shall be used for the support and operation of 13,079
the State Literacy Resource Center and the State Advisory Council 13,080
272
on Adult Education and Literacy.
The remainder shall be used to continue to satisfy the 13,082
state match and maintenance of effort requirements for the 13,083
support and operation of the Ohio Department of Education 13,085
administered instructional grant program for Adult Basic and 13,086
Literacy Education in accordance with the department's state plan 13,087
for Adult Basic and Literacy Education as approved by the State 13,088
Board of Education and the Secretary of the United States 13,089
Department of Education.
Auxiliary Services 13,091
The foregoing appropriation item 200-511, Auxiliary 13,093
Services, shall be used by the State Board of Education for the 13,094
purpose of implementing section 3317.06 of the Revised Code. Of 13,095
the appropriation, up to $1,000,000 in each fiscal year of the 13,096
biennium may be used for payment of the Post-Secondary Enrollment 13,097
Options Program for nonpublic students pursuant to section 13,098
3365.10 of the Revised Code. 13,099
Summer Intervention 13,101
Of the foregoing appropriation item 200-513, Summer 13,103
Intervention, up to $15,000,000 in each fiscal year shall be used 13,104
to provide intervention services to students in danger of not 13,105
advancing to the fifth grade as a result of a failure to attain 13,106
the score designated under division (A)(1) of section 3301.0710 13,107
of the Revised Code on the test to measure skill in reading. 13,108
These moneys shall be used to provide equalized reimbursement 13,109
payments using the state aid ratio to school districts providing 13,110
summer intervention services satisfying criteria defined in 13,111
division (E) of section 3313.608 of the Revised Code. The 13,112
Department of Education shall establish guidelines for the use 13,113
and distribution of these moneys.
Post-Secondary/Adult Vocational Education 13,115
The foregoing appropriation item 200-514, 13,117
Post-Secondary/Adult Vocational Education, shall be used by the 13,118
State Board of Education to provide post-secondary/adult 13,119
273
vocational education pursuant to sections 3313.52 and 3313.53 of 13,120
the Revised Code. 13,121
Of the foregoing appropriation item 200-514, 13,123
Post-Secondary/Adult Vocational Education, up to $500,000 in each 13,125
fiscal year shall be allocated for the Ohio Career Information 13,126
System (OCIS) and used for the dissemination of career 13,127
information data to public schools, libraries, rehabilitation 13,128
centers, two- and four-year colleges and universities, and other 13,129
governmental units. 13,130
Of the foregoing appropriation item 200-514, 13,132
Post-Secondary/Adult Vocational Education, up to $30,000 in each 13,133
fiscal year shall be used for the statewide coordination of the 13,134
activities of the Ohio Young Farmers.
The Governor's Workforce Development Board shall examine 13,136
the sites statewide participating in the Orientation to 13,137
Nontraditional Occupations for Women Program and consider making 13,138
recommendations for funding the program under the proposed 13,139
Department of Job and Family Services. In the event that the 13,140
Department of Job and Family Services is not created through the 13,141
merger of the Department of Human Services and Bureau of 13,142
Employment Services in fiscal year 2001, the Workforce
Development Board shall make any recommendations for funding the 13,143
program to the individual agencies. 13,144
Disadvantaged Pupil Impact Aid 13,146
The foregoing appropriation item 200-520, Disadvantaged 13,148
Pupil Impact Aid, shall be distributed to school districts 13,149
according to the provisions of section 3317.029 of the Revised 13,151
Code. However, no money shall be distributed for all-day 13,153
kindergarten to any school district whose three-year average 13,154
formula ADM exceeds 17,500 but whose DPIA index is not at least 13,155
equal to 1.00, unless the Department of Education certifies that 13,156
sufficient funds exist in this appropriation to make all other 13,158
payments required by section 3317.029 of the Revised Code. 13,159
The Department of Education shall pay all-day, everyday 13,161
274
kindergarten funding to all school districts in fiscal year 2000 13,162
and fiscal year 2001 that qualified for and provided the service 13,163
in a preceding fiscal year pursuant to section 3317.029 of the 13,165
Revised Code, regardless of changes to such districts' DPIA
indexes in fiscal year 2000 and fiscal year 2001. 13,166
The Department of Education shall pay to community schools 13,169
an amount for all-day kindergarten if the school district in
which the student is entitled to attend school is eligible but 13,170
does not receive a payment for all-day kindergarten, pursuant to 13,171
division (B) of section 3314.13 of the Revised Code, and the 13,172
student is reported by the community school as enrolled in 13,173
all-day kindergarten at the community school. 13,174
Of the foregoing appropriation item 200-520, Disadvantaged 13,176
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 13,177
shall be used for school breakfast programs. Of the $3,000,000, 13,178
up to $500,000 shall be used each year by the Department of 13,180
Education to provide start-up grants to rural school districts 13,181
and to school districts with less than 1,500 ADM that start 13,182
school breakfast programs. The remainder of the $3,000,000 shall 13,183
be used to: (1) partially reimburse school buildings within 13,184
school districts that are required to have a school breakfast 13,185
program pursuant to section 3313.813 of the Revised Code, at a 13,186
rate decided upon by the department, for each breakfast served to
any pupil enrolled in the district; (2) partially reimburse 13,187
districts participating in the National School Lunch Program that 13,188
have at least 20 per cent of students who are eligible for free 13,189
and reduced meals according to federal standards, at a rate 13,190
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 13,191
breakfast served to children eligible for free and reduced meals 13,192
enrolled in the district, at a rate decided upon by the 13,193
department.
Of the portion of the funds distributed to the Cleveland 13,195
City School District under section 3317.029 of the Revised Code 13,196
275
calculated under division (F)(2) of that section, up to 13,197
$11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal 13,198
year 2001 shall be used to operate the pilot school choice 13,200
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 13,201
Of the foregoing appropriation item 200-520, Disadvantaged 13,203
Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in 13,204
fiscal year 2001 shall be used to support dropout recovery 13,205
programs administered by the Department of Education, Jobs for 13,206
Ohio's Graduates program. 13,207
Of the foregoing appropriation item 200-520, Disadvantaged 13,210
Pupil Impact Aid, up to $500,000 in each fiscal year shall be 13,211
used by the Department of Education to encourage school districts 13,212
to set high academic standards and provide a helping hand for 13,213
students striving to meet them. A Summer Proficiency Academy
shall be any school district's summer school program that is 13,215
conducted for students who have been enrolled in the fourth and 13,216
sixth grades, whether district-wide, in several school buildings 13,217
or within a cluster of school buildings, that addresses the needs 13,219
of students who did not pass at least three of the five parts of 13,220
either the fourth-grade or sixth-grade proficiency test, that is 13,221
of at least six weeks' duration, and that provides an innovative, 13,222
enriching educational experience. The department shall use the 13,223
funds indicated in this paragraph to make grants to those school 13,224
districts that conduct such Summer Proficiency Academies and that 13,225
have valuation per pupil less than 150 per cent of the statewide 13,226
average valuation per pupil, to defray 75 per cent of the costs 13,227
of conducting such academies. The amount of each grant shall not 13,228
exceed $150,000 and each school district shall be eligible for up 13,229
to four grants in each fiscal year. Grants shall be made to 13,230
school districts based on the percentage of students failing 13,231
three or more tests, with first priority given to districts with 13,232
the highest failure rates. As used in this paragraph, "valuation 13,233
per pupil" has the same meaning as in division (A)(4) of section 13,235
276
3317.0212 of the Revised Code as it existed prior to July 1, 13,236
1998.
There is hereby created the Alternative Education Advisory 13,238
Council which shall consist of one representative from each of 13,239
the following agencies: The Ohio Department of Education, the 13,240
Department of Youth Services, the Ohio Department of Alcohol and 13,241
Drug Addiction Services, the Department of Mental Health, the
Office of the Governor or at the Governor's discretion the Office 13,243
of the Lieutenant Governor, and the Office of the Attorney 13,244
General. The Alternative Education Advisory Council shall cease 13,245
to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged 13,247
Pupil Impact Aid, $10,000,000 in each fiscal year shall be used 13,248
for matching grants to the 21 urban school districts as defined 13,249
in division (O) of section 3317.02 of the Revised Code as it 13,250
existed prior to July 1, 1998, and $10,000,000 in each fiscal 13,251
year shall be used for matching grants to rural and suburban
school districts for alternative educational programs for 13,252
existing and new at-risk and delinquent youth in grades six 13,254
through twelve. Programs shall be focused on youth in one or 13,255
more of the following categories: those who have been expelled
or suspended, those at risk of dropping out of school, those who 13,256
are habitually truant or disruptive, or those on probation or on 13,257
parole from a Department of Youth Service's facility. The 13,258
Alternative Education Advisory Council shall develop criteria for 13,259
the awarding of grants for alternative educational programs to 13,260
school districts. The grants shall be administered by the Ohio
Department of Education. 13,261
Section 4.13. Gifted Pupil Program 13,263
The foregoing appropriation item 200-521, Gifted Pupil 13,265
Program, shall be used for gifted education units not to exceed 13,266
950 in each fiscal year of the biennium pursuant to division (P) 13,267
of section 3317.024 and division (F) of section 3317.025 of the 13,269
Revised Code.
277
Of the foregoing appropriation item 200-521, Gifted Pupil 13,271
Program, up to $5,000,000 in each fiscal year of the biennium may 13,272
be used as an additional supplement for identifying gifted 13,273
students pursuant to Chapter 3324. of the Revised Code. 13,274
Of the foregoing appropriation item 200-521, Gifted Pupil 13,275
Program, the Department of Education may expend up to $1,000,000 13,276
each year for the Summer Honors Institute for gifted freshmen and 13,278
sophomore high school students. Up to $600,000 in each fiscal 13,279
year shall be used for research and demonstration projects.
Section 4.14. Educational Excellence and Competency 13,281
Of the foregoing appropriation item 200-524, Educational 13,283
Excellence and Competency, up to $35,000 in each fiscal year 13,284
shall be reserved for the Ohio Science Olympiad and up to $25,000 13,285
in each fiscal year shall be reserved for the International 13,287
Science and Engineering Fair. Up to $250,000 in each fiscal year 13,289
shall be reserved for a Math and Science Initiative to enhance 13,291
math and science education for elementary students in a 13,292
county-wide collaborative. 13,293
Of the foregoing appropriation item 200-524, Educational 13,295
Excellence and Competency, up to $100,000 may be used in fiscal 13,296
year 2001 by the Girl Scouts of Central Ohio. 13,297
Of the foregoing appropriation item 200-524, Educational 13,299
Excellence and Competency, up to $100,000 in each fiscal year 13,300
shall be used for the EQUIP Program. Up to $50,000 in each 13,301
fiscal year shall be used for the Cincinnati Central Clinic. Up 13,302
to $150,000 in fiscal year 2000 and $125,000 in fiscal year 2001 13,303
shall be distributed to the Franklin County Educational Council 13,304
to operate the Magellan Program. Up to $50,000 in each fiscal 13,305
year shall be used for the Findlay-Hancock Summer Academic Camp. 13,306
Of the foregoing appropriation item 200-524, Educational 13,308
Excellence and Competency, up to $90,000 in fiscal year 2000 13,309
shall be used for the Cleveland Language Project; up to $20,000 13,310
in fiscal year 2000 shall be used for the Cincinnati Language 13,311
Project; up to $20,000 in fiscal year 2000 shall be used for the 13,312
278
Columbus Language Project; and up to $20,000 in fiscal year 2000 13,313
shall be used for the Dayton Language Project; 13,314
Of the foregoing appropriation item 200-524, Educational 13,316
Excellence and Competency, up to $50,000 in each year of the 13,317
biennium may be used by the Springfield School District to 13,318
support the Aid for College Opportunity Program.
The Department of Education shall distribute $150,000 in 13,320
fiscal year 2000 and $100,000 in fiscal year 2001 to the 13,321
Christopher Project. The department shall distribute $80,000 in 13,322
fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional 13,324
District/University Consortium to Validate At-Risk Programs for 13,325
Rural School Districts. The Department shall distribute $75,000
in each fiscal year to the Cincinnati Artworks Project. In each 13,326
fiscal year of the biennium, $100,000 shall be used for Ledgemont 13,328
Education Excellency. In addition, the department shall
distribute $275,000 in each fiscal year to the Summit County 13,329
Technology Project. 13,330
Of the foregoing appropriation item 200-524, Educational 13,332
Excellence and Competency, $48,333 in fiscal year 2000 and 13,333
$36,667 in fiscal year 2001 shall be distributed to the Ohio 13,334
Geographical Alliance at such time as matching funds are provided 13,335
by the National Geographical Society. These moneys shall be used
by the Ohio Geographical Alliance to provide geography training 13,336
to public school teachers. 13,337
In each fiscal year, $300,000 shall be used for a pilot 13,339
project for the integration and implementation of distance 13,340
learning, virtual reality, and computer technology to prepare 13,341
students for careers in industry. Of this amount, $65,000 in 13,342
each fiscal year shall be distributed to the Math, Science and 13,343
Industrial Technology Institute at Kent State University-Trumbull 13,344
Campus for purposes of this pilot project and $235,000 in each 13,345
fiscal year shall be distributed to the Trumbull County 13,346
Educational Service Center for the Industrial Technology Career 13,347
Academy pilot project. In each fiscal year, $140,000 shall be 13,348
279
used for the Crouse School Readiness Program. 13,349
Of the foregoing appropriation item 200-524, Educational 13,352
Excellence and Competency, $850,000 in fiscal year 2000 and 13,353
$850,000 in fiscal year 2001 shall be used to assist local school 13,354
districts in the implementation of financial literacy programs as 13,355
part of the school curriculum in kindergarten through grade six. 13,356
The funds shall be used to purchase financial literacy 13,357
instructional materials, including student books, hands-on 13,358
material, and supporting teacher guides, which promote economic 13,359
awareness by addressing fundamental life skills such as earning
money, saving money, and spending money wisely. The financial 13,360
literacy curriculum shall also introduce students to the concepts 13,361
of economic interdependence, profit, loss, investment, and supply 13,362
and demand. In fiscal year 2001, each school district shall be 13,363
eligible for one $1,000 grant for each kindergarten through sixth 13,364
grade level in each school building. A school building with five 13,366
or more classes per grade level may receive up to $2,000 for that 13,367
grade level.
The remainder of the appropriation shall be used by the 13,369
Department of Education to fund programs each year as follows: 13,371
FY 2000 FY 2001 13,373
Earn and Learn $ 686,667 $ 343,333 13,374
Trumbull County "Make Learning 13,375
Fun" $ 50,000 $ 25,000 13,376
LEAF $ 65,000 $ 65,000 13,377
Coventry $ 16,667 $ 8,333 13,378
Columbus Youth Corp $ 33,333 $ 16,667 13,379
Montgomery County Summer Math 13,380
program $ 143,333 $ 71,667 13,381
Columbus City District's "I Know I 13,382
Can" $ 645,000 $ 645,000 13,383
Dayton-Montgomery County Scholarship 13,384
Program $ 600,000 $ 600,000 13,385
Cleveland Scholarship $ 500,000 $ 500,000 13,386
280
Cleveland Initiative for Education $ 240,000 $ 120,000 13,387
Cincinnati Scholarship Foundation $ 600,000 $ 600,000 13,388
Improved Solutions for Urban Systems 13,389
(ISUS) $ 100,000 $ 100,000 13,390
Lorain County Access $ 150,000 $ 150,000 13,391
Amer-I-Can $ 850,000 $ 850,000 13,392
London Learns $ 100,000 $ 100,000 13,393
Project Succeed $1,000,000 $1,000,000 13,394
Toledo Tech Academy $ 300,000 $ 300,000 13,395
Toledo International Language 13,396
Center $ 133,333 $ 66,667 13,397
Greater Toledo School-To-Work 13,398
Consortium $ 100,000 $ 100,000 13,399
Muskingum Valley Services Center $ 100,000 $ 100,000 13,400
O.U. Leadership $ 75,000 $ 75,000 13,401
For the Cleveland Initiative in Education program, the 13,403
grant shall support its mentoring and advocacy program. 13,404
Of the foregoing appropriation item 200-524, Educational 13,406
Excellence and Competency, $83,000 in fiscal year 2000 and 13,407
$83,000 in fiscal year 2001 shall be used for the Shaker Heights 13,408
Educational Mobility program. 13,409
Of the foregoing appropriation item 200-524, Educational 13,411
Excellence and Competency, up to $100,000 in fiscal year 2000 and 13,412
$150,000 in fiscal year 2001 shall be used for grants to Ohio 13,413
school districts for the JASON Project, a specially designed 13,414
interactive science and mathematics curriculum for middle school 13,415
students. Grants may provide up to 75 per cent of a school
district's total cost of participation and may be used to 13,416
purchase curriculum materials, supplemental videos, and 13,417
professional development materials. Grants may also include 13,418
miscellaneous costs such as technology equipment and service
fees.
Of the foregoing appropriation item 200-524, Educational 13,420
Excellence and Competency, up to $133,333 in fiscal year 2000 and 13,421
281
$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois 13,422
Talented Tenth Teacher Training Academy. The program will 13,423
provide a summer honors program to promising minority students 13,424
identified by their school districts as potential future
teachers.
Of the foregoing appropriation item 200-524, Educational 13,426
Excellence and Competency, up to $100,000 in each fiscal year 13,427
shall be used for the Parenting Healthy Children Initiative of 13,428
the Manuel D. and Rhoda Mayerson Foundation. 13,429
Of the foregoing appropriation item 200-524, Educational 13,431
Excellence and Competency, up to $200,000 in each fiscal year 13,432
shall be used for the Tuscarawas County Innovative Remediation 13,433
Program to provide grants to school districts within Tuscarawas 13,434
County. 13,435
Of the foregoing appropriation item 200-524, Educational 13,437
Excellence and Competency, up to $5,000 in each fiscal year shall 13,438
be used for the Buckeye Ranch Animal Therapy Program. 13,439
Each program or entity that receives funds under the 13,441
foregoing appropriation item 200-524, Educational Excellence and 13,443
Competency, shall submit annually to the chairpersons of the 13,444
education committees of the House of Representatives and the 13,445
Senate and to the Department of Education a report that includes 13,446
a description of the services supported by the funds, a 13,447
description of the results achieved by those services, an 13,448
analysis of the effectiveness of the program, and an opinion as 13,449
to the program's applicability to other school districts. No 13,450
funds shall be provided by the Department of Education to a 13,451
district for a fiscal year until its report for the prior fiscal 13,453
year has been submitted.
Of the foregoing appropriation item 200-524, Educational 13,455
Excellence and Competency, $40,000 in each fiscal year shall be 13,456
used for the Health Education Center of The Greater Cincinnati 13,457
Scholarship Fund to provide scholarships to students in Hamilton, 13,458
Butler, Clermont, and Warren Counties to attend health education 13,459
282
programming provided by the center. Eligibility for scholarships 13,460
shall be restricted to students currently attending school 13,461
districts receiving funding under Title I of the Elementary and 13,462
Secondary Education Act of 1965. 13,463
Nonpublic Administrative Cost Reimbursement 13,465
The foregoing appropriation item 200-532, Nonpublic 13,467
Administrative Cost Reimbursement, shall be used by the State 13,468
Board of Education for the purpose of implementing section 13,469
3317.063 of the Revised Code. 13,470
School-Age Child Care 13,472
Of the foregoing appropriation item 200-533, School-Age 13,474
Child Care, up to $200,000 in each fiscal year shall be used for 13,475
the "Training Ohio's Parents for Success" Program. Up to 13,476
$500,000 in each fiscal year shall be used for the "Parents as 13,478
Teachers" Program.
Of the foregoing appropriation item 200-533, School-Age 13,480
Child Care, up to $62,500 in each fiscal year shall be used by 13,481
the Cincinnati YWCA for its Home Instruction Program for 13,482
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 13,484
program of child care conducted outside of regular school hours 13,485
for school age children. 13,486
The remainder of the foregoing appropriation item 200-533, 13,488
School-Age Child Care, shall be used by the Department of 13,489
Education to provide grants to city, local, and exempted village 13,490
school districts and educational service centers for school-age 13,491
child care programs. In each fiscal year, the department shall 13,492
make grants. All grants shall be awarded by the department on 13,494
the basis of project proposals submitted by school district 13,495
boards of education or educational service center governing
boards. The board of education of each district or governing 13,497
board of each educational service center that receives a grant 13,498
shall keep a record of how the grant is used, and issue a report 13,499
at the end of the school year for which the grant was made 13,500
283
explaining the goals and objectives determined, the activities 13,501
implemented, and the progress made toward achieving goals and 13,502
objectives.
Desegregation Costs 13,504
The foregoing appropriation item 200-534, Desegregation 13,506
Costs, shall be used to pay desegregation costs. 13,507
(A) Notwithstanding any section of law to the contrary, if 13,510
in each fiscal year, due to federal court order, the Department 13,511
of Education is obligated to pay for desegregation costs in any 13,512
school district, the costs shall be paid from the foregoing 13,513
appropriation item 200-534, Desegregation Costs. 13,514
Of the foregoing appropriation item 200-534, Desegregation 13,516
Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated 13,517
balances may be used to cover the legal fees associated with 13,520
desegregation cases brought against the state.
By the first day of May of each year, the Department of 13,522
Education shall determine if the appropriation exceeds the 13,523
state's obligation for desegregation costs. Any appropriations 13,524
in excess of the state's obligation shall be transferred to 13,525
appropriation item 200-406, Head Start, by the Director of Budget 13,526
and Management.
(B) As part of managing state desegregation costs, any 13,528
board of education of a school district subject to a federal 13,529
court desegregation order that requires the district board to bus 13,530
students for the purpose of racial balance shall, within one year 13,531
of the effective date of this section: 13,532
(1) Update its plan required under Am. Sub. H.B. 298 of 13,534
the 119th General Assembly designed to satisfy the court so as to 13,535
obtain release from the court's desegregation order; and 13,536
(2) Submit an updated copy of the plan to the State Board 13,538
of Education. 13,539
Upon request of the district board, the State Board shall provide 13,542
technical assistance to the school district board in developing a 13,543
plan.
284
Within ninety days of the date on which the plan is 13,545
submitted to the State Board of Education, the district board, or 13,546
the district board and the State Board of Education jointly if 13,548
both are parties to the desegregation case, shall submit the plan 13,550
to the court and apply for release from the court's desegregation 13,551
order.
Of the foregoing appropriation item 200-534, Desegregation 13,553
Costs, Dayton City Schools shall receive at least $9,000,000 in 13,554
each of fiscal year 2000 and fiscal year 2001. 13,555
Section 4.15. Special Education Enhancements 13,557
Of the foregoing appropriation item 200-540, Special 13,559
Education Enhancements, up to $44,000,000 in fiscal year 2000 and 13,561
up to $48,400,000 in fiscal year 2001 shall be used to fund 13,562
special education and related services at MR/DD boards for 13,563
eligible students under section 3317.20 of the Revised Code. Up 13,564
to $2,500,000 of these amounts shall be used in each fiscal year 13,565
to fund up to 57 special education classroom and related services 13,566
units at institutions. 13,567
Of the foregoing appropriation item 200-540, Special 13,569
Education Enhancements, up to $3,081,000 in fiscal year 2000 and 13,571
$3,167,268 in fiscal year 2001 shall be used for home instruction 13,572
for handicapped children; up to $1,500,000 in each fiscal year 13,574
shall be used for parent mentoring programs; and up to $2,567,000 13,577
in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be
used for school psychology interns. 13,578
Of the foregoing appropriation item 200-540, Special 13,580
Education Enhancements, $2,550,800 in fiscal year 2000 and 13,581
$3,704,000 in fiscal year 2001 shall be used by the Department of 13,583
Education to assist school districts in funding aides pursuant to 13,584
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the 13,586
Administrative Code.
Of the foregoing appropriation item 200-540, Special 13,588
Education Enhancements, $71,934,548 in fiscal year 2000 and 13,589
$76,623,506 in fiscal year 2001 shall be distributed by the 13,591
285
Department of Education to county boards of mental retardation 13,592
and developmental disabilities, educational service centers, and 13,593
school districts for preschool special education units and 13,594
preschool supervisory units in accordance with section 3317.161 13,595
of the Revised Code. The department may reimburse county boards 13,596
of mental retardation and developmental disabilities, educational 13,597
service centers, and school districts for related services as 13,598
defined in rule 3301-31-05 of the Ohio Administrative Code, for 13,599
preschool occupational and physical therapy services provided by 13,600
a physical therapy assistant and certified occupational therapy 13,601
assistant, and for an instructional assistant. To the greatest 13,602
extent possible, the Department of Education shall allocate these 13,603
units to school districts and educational service centers. The 13,604
Controlling Board may approve the transfer of unallocated funds 13,605
from appropriation item 200-501, Base Cost Funding, to 13,606
appropriation item 200-540, Special Education Enhancements, to 13,608
fully fund existing units as necessary or to fully fund 13,609
additional units. The Controlling Board may approve the transfer 13,610
of unallocated funds from appropriation item 200-540, Special 13,612
Education Enhancements, to appropriation item 200-501, Base Cost 13,613
Funding, to fully fund existing units, as necessary, or to fully 13,615
fund additional units.
The Department of Education shall require school districts, 13,617
educational service centers, and county MR/DD boards serving 13,618
preschool children with disabilities to document child progress 13,619
using a common instrument prescribed by the department and report 13,620
results annually. The reporting dates and methodology shall be 13,621
determined by the department. 13,622
The department shall adopt rules addressing the use of 13,624
screening and assessment data including, but not limited to: 13,625
(1) Protection of the identity of individual children 13,628
through assignment of a unique, but not personally identifiable, 13,629
code;
(2) Parents' rights; and 13,631
286
(3) Use of the child data by school personnel as it 13,633
relates to kindergarten entrance. 13,634
Of the foregoing appropriation item 200-540, Special 13,636
Education Enhancements, up to $800,000 in each fiscal year shall 13,637
be allocated to provide grants to research-based reading 13,638
mentoring programs for students with disabilities in kindergarten 13,639
through fourth grade. Priority shall be given to mentoring 13,640
programs that have been recognized by the Education Commission of 13,641
the States as promising educational practices for accelerating 13,642
student achievement, are easily replicated, have strong 13,643
evaluative components, and goals aligned to the Ohio Proficiency 13,644
Test. Programs may be implemented at times deemed most 13,645
appropriate. Certified staff shall administer these programs and 13,646
testing of participants shall be required prior to, during, and 13,647
after participation in these programs. The results of such tests 13,648
shall be reported to the Governor, Superintendent of Public 13,649
Instruction, and General Assembly. 13,650
Of the foregoing appropriation item 200-540, Special 13,652
Education Enhancements, up to $93,000 in fiscal year 2000 and up 13,653
to $86,000 in fiscal year 2001 shall be used to conduct a 13,654
collaborative pilot program to provide educational services and 13,655
develop best educational practices for autistic children. The 13,656
pilot program shall include, but not be limited to, the 13,657
involvement of the Wood County Board of Mental Retardation and 13,658
Developmental Disabilities, Wood County Educational Services 13,659
Center, Children's Resource Center of Wood County, and the Family 13,660
and Children First Council of Wood County. 13,661
Of the foregoing appropriation item 200-540, Special 13,663
Education Enhancements, up to $300,000 in each fiscal year shall 13,664
be expended to conduct a demonstration project involving language 13,665
and literacy intervention teams supporting student acquisition of 13,666
language and literacy skills. The demonstration project shall 13,667
demonstrate improvement of language and literacy skills of 13,668
at-risk learners under the instruction of certified speech 13,669
287
language pathologists and educators. Baseline data shall be 13,670
collected and comparison data for fiscal year 2000 and fiscal 13,671
year 2001 shall be collected and reported to the Governor, 13,672
OhioReads Council, Department of Education, and the General 13,673
Assembly.
Section 4.16. Vocational Education Enhancements 13,675
Of the foregoing appropriation item 200-545, Vocational 13,677
Education Enhancements, up to $2,500,000 in fiscal year 2000 and 13,678
$2,616,000 in fiscal year 2001 shall be used to fund up to 51 13,680
vocational education units at institutions. Up to $9,975,000 in 13,682
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 13,684
$2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal 13,685
year 2001 may be used to support tech prep consortia. 13,686
Of the foregoing appropriation item 200-545, Vocational 13,688
Education Enhancements, up to $4,270,030 in fiscal year 2000 and 13,689
up to $4,483,531 in fiscal year 2001 shall be used by the 13,690
Department of Education to fund competitive grants to tech prep 13,691
consortia that expand the number of students enrolled in tech 13,692
prep programs. Such grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled 13,693
in school districts, including joint vocational school districts. 13,694
If federal funds for vocational education cannot be used 13,697
for local school district leadership without being matched by 13,698
state funds, then an amount as determined by the Superintendent 13,699
of Public Instruction shall be made available from state funds 13,701
appropriated for vocational education. If any state funds are 13,702
used for this purpose, federal funds in an equal amount shall be 13,703
distributed for vocational education in accordance with
authorization of the state plan for vocational education for Ohio 13,704
as approved by the Secretary of the United States Department of 13,706
Education.
Of the foregoing appropriation item 200-545, Vocational 13,708
Education Enhancements, $6,144,277 in fiscal year 2000 and 13,710
288
$6,451,490 in fiscal year 2001 shall be used to enable students
to develop career plans, to identify initial educational and 13,712
career goals, and to develop a career passport which provides a 13,713
clear understanding of the student's knowledge, skills, and 13,714
credentials to present to future employers, universities, and 13,715
other training institutes. The amount shall be allocated to
school districts pursuant to guidelines developed by the 13,718
Department of Education for programs described in section 13,719
3313.607 of the Revised Code for children in the kindergarten 13,721
through twelfth grades. Funds so allocated shall be used for
educational materials, services, career information, curriculum 13,722
development, staff development, mentorships, career exploration, 13,723
and career assessment instruments as needed to develop 13,724
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational 13,726
Education Enhancements, $5,188,703 in fiscal year 2000 and 13,727
$5,707,573 in fiscal year 2001 shall be used to provide an amount 13,729
to each eligible school district for the replacement or updating 13,730
of equipment essential for the instruction of students in job 13,731
skills taught as part of a vocational program or programs
approved for such instruction by the State Board of Education. 13,733
School districts replacing or updating vocational education 13,734
equipment may purchase or lease such equipment. The Department 13,735
of Education shall review and approve all equipment requests and 13,736
may allot appropriated funds to eligible school districts on the 13,738
basis of the number of units of vocational education in all 13,739
eligible districts making application for funds. 13,740
The State Board of Education may adopt standards of need 13,743
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 13,745
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 13,746
be provided to a school district on a 40, 50, or 60 per cent of 13,747
cost on the basis of a district vocational priority index rating 13,748
289
developed by the Department of Education for all districts each 13,750
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 13,751
shall include other socio-economic factors as determined by the 13,752
State Board of Education. 13,753
Section 4.17. Charge-Off Supplement 13,755
The foregoing appropriation item 200-546, Charge-Off 13,757
Supplement, shall be used by the Department of Education to make 13,758
payments pursuant to section 3317.0216 of the Revised Code. 13,759
Power Equalization 13,761
The foregoing appropriation item 200-547, Power 13,763
Equalization, shall be used by the Department of Education to 13,764
make payments pursuant to section 3317.0215 of the Revised Code. 13,765
Reading Improvement 13,767
The foregoing appropriation item 200-551, Reading 13,769
Improvement, shall be used by the Department of Education to fund 13,770
the Reading Recovery Training Network, to cover the cost of 13,771
release time for the teacher trainers, and to provide grants to 13,772
districts to implement other reading improvement programs on a 13,774
pilot basis. Funds for this appropriation item may also be used 13,776
to conduct evaluations of the impact and effectiveness of Reading 13,777
Recovery and other reading improvement programs. 13,778
In addition, the Department of Education shall report to 13,780
the General Assembly and the Governor each fiscal year on the 13,781
progress that has been made in implementing these programs, 13,782
including an evaluation of the effectiveness of the programs. 13,783
Twenty per cent of the foregoing appropriation item 13,785
200-551, Reading Improvement, shall be used for the continuation 13,786
of a phonics demonstration project as described in Sub. H.B. 81 13,787
of the 121st General Assembly. The Department of Education may 13,789
make a portion of the funds for the demonstration project 13,790
available to additional school districts that want to participate 13,791
in the program that did not receive funding under the original 13,792
project authorized in Sub. H.B. 81 of the 121st General Assembly. 13,793
290
County MR/DD Boards-Vehicle Purchases 13,795
The foregoing appropriation item 200-552, County MR/DD 13,797
Boards Vehicle Purchases, shall be used to provide financial 13,798
assistance to MR/DD boards for the purchase of vehicles as 13,799
permitted in section 3317.07 of the Revised Code. 13,800
The foregoing appropriation item 200-553, County MR/DD 13,802
Boards Transportation Operating, shall be used to provide 13,803
financial assistance for transportation operating costs as 13,804
provided in section 3317.024 of the Revised Code. 13,805
Emergency Loan Interest Subsidy 13,807
The foregoing appropriation item 200-558, Emergency Loan 13,809
Interest Subsidy, shall be used to provide a subsidy to school 13,811
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 13,812
these districts the difference between the amount of interest the 13,814
district is paying on an emergency loan, and the interest that 13,815
the district would have paid if the interest rate on the loan had 13,816
been two per cent.
Section 4.18. OhioReads Grants 13,818
Of the foregoing appropriation item 200-566, OhioReads 13,820
Grants, $20,000,000 each year shall be disbursed by the OhioReads 13,822
Office in the Department of Education at the direction of the 13,823
OhioReads Council, to provide classroom grants to public schools 13,824
in city, local, and exempted village school districts; community 13,825
schools; and educational service centers serving kindergarten 13,826
through fourth grade students. 13,827
Of the foregoing appropriation item 200-566, OhioReads 13,829
Grants, $5,000,000 each year shall be disbursed by the OhioReads 13,830
Office in the Department of Education at the direction of the 13,831
OhioReads Council, to provide community matching grants to 13,833
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 13,834
involvement.
Grants awarded by the OhioReads Council are intended to 13,836
291
improve reading outcomes, especially on the fourth grade reading 13,837
proficiency test.
School Improvement Incentive Grants 13,839
Of the foregoing appropriation item 200-570, School 13,841
Improvement Incentive Grants, $2,000,000 in each fiscal year 13,842
shall be used to provide grants of $25,000 per building for 13,844
improvements in reading performance based on selection criteria 13,845
developed by the OhioReads Council.
Of the foregoing appropriation items 200-570, School 13,847
Improvement Incentive Grants, $6,500,000 in each fiscal year 13,848
shall be used to provide grants of $25,000 each to elementary 13,850
schools and $50,000 each to middle schools, junior high schools, 13,851
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 13,852
on standards developed by the Department of Education. 13,853
Of the foregoing appropriation item 200-570, School 13,855
Improvement Incentive Grants, $500,000 in each fiscal year shall 13,856
be used to provide grants of $50,000 each to educational service 13,858
centers and joint vocational school districts for exemplary 13,859
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 13,860
on standards developed by the Department of Education. 13,861
Of the foregoing appropriation item 200-570, School 13,863
Improvement Incentive Grants, $1,000,000 in each fiscal year 13,864
shall be used to provide grants of $25,000 each to schools 13,866
selected for superior performance by BEST, Building Excellent
Schools for Today and the 21st Century. 13,867
Teacher Incentive Grants 13,869
The foregoing appropriation item 200-572, Teacher Incentive 13,871
Grants, shall be used by the Department of Education to pay 13,872
one-time stipends to qualified teachers of reading, mathematics, 13,873
and science. To be eligible, teacher applicants must hold a 13,874
valid teaching certificate; be employed by a city, local, 13,875
exempted village, or joint vocational school district; and be
292
certified by the district as necessary to meet an existing need 13,876
for teachers with a reading, mathematics, or science credential. 13,877
Individuals with an elementary school teaching certificate 13,879
that successfully complete a program for a reading endorsement, 13,880
and who successfully complete the examination prescribed by the 13,881
State Board of Education, shall be paid a stipend of $1,000. 13,882
Individuals with a high school teaching certificate that
successfully complete a program required to add mathematics or 13,883
science to that certificate, and who successfully complete the 13,884
mathematics or science examination prescribed by the State Board 13,885
of Education, shall be paid a stipend of $1,500. The variance in 13,886
stipend amounts reflects the variance in requirements to secure 13,887
the different credentials.
Character Education 13,889
Of the foregoing appropriation item 200-573, Character 13,891
Education, up to $50,000 in each fiscal year shall be used to 13,892
develop, produce, or otherwise obtain a distance learning 13,893
program, a video presentation, or other method of offering 13,894
instruction in character education to multiple school districts. 13,895
The program, presentation, or other method of instruction shall 13,896
be made available to all school districts. 13,897
The remainder of appropriation item 200-573, Character 13,899
Education, shall be used by the Department of Education to 13,901
provide matching grants of up to $50,000 each to school districts 13,902
to develop pilot character education programs.
Substance Abuse Prevention 13,904
Of the foregoing appropriation item 200-574, Substance 13,906
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 13,907
$2,120,000 in fiscal year 2001 shall be used for the Substance 13,908
Abuse Coordinators Program. Of the foregoing appropriation item 13,909
200-574, Substance Abuse Prevention, up to $300,000 in each
fiscal year of the biennium shall be used for the Substance Abuse 13,910
Prevention Student Assistance Program. 13,911
12th Grade Proficiency Stipend 13,913
293
The foregoing appropriation item 200-575, 12th Grade 13,915
Proficiency Stipend, shall be used to fund a $500 scholarship to 13,916
each student who meets the requirements of section 3365.15 of the 13,917
Revised Code.
Within thirty days of the effective date of this section, 13,919
the Director of Budget and Management shall transfer the 13,920
appropriation for this program to the Ohio Board of Regents for 13,921
its administration.
Auxiliary Services Mobile Repair 13,923
Notwithstanding section 3317.064 of the Revised Code, if 13,925
the unobligated cash balance is sufficient, the Treasurer of 13,926
State shall transfer $1,500,000 in fiscal year 2000 within thirty 13,927
days of the effective date of this section and $1,500,000 in 13,928
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 13,929
Personnel Unemployment Compensation Fund to the Department of 13,930
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 13,931
Within 30 days after the effective date of this section, 13,933
the Superintendent of Public Instruction shall certify to the 13,934
Director of Budget and Management the amount of cash to be 13,935
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 13,936
Educational Grants Fund, Fund 620.
Section 4.19. Lottery Profits Education Fund 13,938
Appropriation item fund 017 200-612, Base Cost Funding, 13,941
shall be used in conjunction with GRF appropriation item 200-501, 13,942
Base Cost Funding, to provide payments to school districts
pursuant to Chapter 3317. of the Revised Code. 13,944
Of the foregoing appropriation item fund 017 200-612, Base 13,947
Cost Funding, $25,000,000 in each fiscal year shall be used from 13,948
the funds transferred from the Unclaimed Prizes Trust Fund 13,949
pursuant to the section entitled "Transfers from the Unclaimed 13,950
Prizes Fund" of this act.
The Department of Education, with the approval of the 13,952
Director of Budget and Management, shall determine the monthly 13,953
distribution schedules of the GRF appropriation item 200-501 and 13,954
294
fund 017 appropriation item 200-610. If adjustments to the 13,955
monthly distribution schedule are necessary, the Department of 13,957
Education shall make such adjustments with the approval of the 13,958
Director of Budget and Management. 13,959
The Director of Budget and Management shall transfer the 13,961
amount appropriated under the Lottery Profits Education Fund for 13,962
appropriation item 200-682, Lease Rental Payment Reimbursement, 13,963
to the General Revenue Fund on a schedule determined by the 13,964
director. These funds shall support the GRF appropriation item 13,965
230-428, Lease Rental Payments, of the School Facilities 13,966
Commission. 13,967
Lottery Profits Transfers* 13,969
On 15th day of May of each fiscal year, the Director of 13,971
Budget and Management shall determine if lottery profits 13,972
transfers will meet the appropriation amounts from the Lottery 13,973
Profits Education Fund. 13,974
On or after the date specified in each fiscal year, if the 13,976
director determines that lottery profits will not meet 13,977
appropriations and if other funds are not available to meet the 13,978
shortfall, the Superintendent of Public Instruction shall take 13,979
the actions specified under the "Reallocation of Funds" section 13,981
of this act.
Transfers from the Unclaimed Prizes Fund 13,983
By January 15 of fiscal year 2000 and by January 15 of 13,985
fiscal year 2001, the Director of Budget and Management shall 13,987
transfer $25,000,000 from the State Lottery Commission's 13,988
Unclaimed Prizes Fund to the Lottery Profits Education Fund, to
be used solely for purposes specified in the Department of 13,989
Education's budget. Transfers of unclaimed prizes under this 13,990
provision shall not count as lottery profits in the determination 13,991
made concerning excess profits titled "Lottery Profits" under the 13,993
Department of Education in this act.
Teacher Certification and Licensure 13,995
The foregoing appropriation item 200-681, Teacher 13,997
295
Certification and Licensure, shall be used by the Department of 13,998
Education in each year of the biennium to administer teacher 13,999
certification and licensure functions pursuant to sections 14,000
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 14,001
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 14,002
3319.51 of the Revised Code. 14,003
Section 4.20. Property Tax Allocation 14,005
The Superintendent of Public Instruction shall not request 14,007
and the Controlling Board shall not approve the transfer of funds 14,008
from appropriation item 200-901, Property Tax 14,009
Allocation-Education, to any other appropriation line item. 14,010
School District Solvency Assistance 14,012
The foregoing appropriation item 200-687, School District 14,014
Solvency Assistance, shall be used to make advancements to school 14,016
districts to enable them to remain solvent pursuant to section
3316.20 of the Revised Code. Advancements shall be subject to 14,017
approval by the Controlling Board. Reimbursements from school 14,019
districts for any amounts advanced shall be made to the School 14,020
District Solvency Assistance Fund. 14,021
Section 4.21. Distribution Formulas* 14,023
The Department of Education shall report the following to 14,025
the Director of Budget and Management, the Legislative Office of 14,026
Education Oversight, and the Legislative Budget Officer of the 14,027
Legislative Service Commission: 14,028
(A) Changes in formulas for distributing state 14,030
appropriations, including administratively defined formula 14,031
factors; 14,032
(B) Discretionary changes in formulas for distributing 14,034
federal appropriations; 14,035
(C) Federally mandated changes in formulas for 14,037
distributing federal appropriations. 14,038
Any such changes shall be reported two weeks prior to the 14,040
effective date of the change. 14,041
Section 4.22. Educational Service Centers Funding 14,043
296
Notwithstanding division (B) of section 3317.11 of the 14,045
Revised Code, no funds shall be provided to an educational 14,046
service center in either fiscal year for any pupils of a city or 14,047
exempted village school district unless an agreement to provide 14,048
services under section 3313.843 of the Revised Code was entered
into by January 1, 1997, except that funds shall be provided to 14,049
an educational service center for any pupils of a city school 14,050
district if the agreement to provide services was entered into 14,051
within one year of the date upon which such district changed from 14,052
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2000 for the 14,053
purposes of division (B) of section 3317.11 of the Revised Code, 14,054
the department shall first distribute to each educational service 14,055
center $32 per pupil in its service center ADM, as defined in 14,056
that section. The remaining funds in the fiscal year shall be 14,057
distributed to each educational service center at a rate of $32 14,058
per pupil in its client ADM, as defined in that section, that is
attributable to each city and exempted village school district 14,059
that had entered into an agreement with an educational service 14,060
center for that fiscal year under section 3313.843 of the Revised 14,061
Code by January 1, 1997, in order of the dates on which such 14,062
agreements were entered into, beginning with the earliest such 14,063
date; except that any service center that received funds for the
pupils of a city or exempted village school district in fiscal 14,064
year 1999 shall receive funds for the pupils of such district in 14,065
fiscal year 2000 if such district has entered into an agreement 14,066
with that educational service center for that fiscal year. If 14,067
insufficient funds are appropriated in fiscal year 2001 for the 14,068
purposes of division (B) of section 3317.11 of the Revised Code, 14,069
the department shall first distribute to each educational service 14,070
center $32 per pupil in its service center ADM. The remaining 14,071
funds in the fiscal year shall be distributed to each educational 14,072
service center at a rate of $32 per pupil in its client ADM 14,074
attributable to each city and exempted village school district
297
that had entered into an agreement with an educational service 14,075
center for that fiscal year under section 3313.843 of the Revised 14,076
Code by January 1, 1997, in order of the dates on which such 14,077
agreements were entered into, beginning with the earliest such 14,078
date; except that any educational service center that received 14,079
funds for the pupils in the ADM of a city or exempted village
school district in both fiscal years 1999 and 2000 shall receive 14,080
funds for the pupils of such district in fiscal year 2001 if such 14,081
district has entered into an agreement with that educational 14,082
service center for that fiscal year.
Section 4.23. Distribution-School District Subsidy 14,084
Payments 14,085
The provisions of this section shall not take effect unless 14,088
the Director of Budget and Management adopts an order putting 14,089
them into effect and certifies a copy of the order to the 14,090
Superintendent of Public Instruction and the Controlling Board. 14,091
Notwithstanding any other provision of the Revised Code, 14,093
the monthly distribution of payments made to school districts and 14,094
educational service centers pursuant to section 3317.01 of the 14,095
Revised Code for the first six months of each fiscal year shall 14,097
equal, as nearly as possible, six and two-thirds per cent of the 14,098
estimate of the amounts payable for each fiscal year. The 14,099
monthly distribution of payments for the last six months of each 14,100
fiscal year shall equal, as nearly as possible, ten per cent of 14,101
the final calculation of the amounts payable to each school 14,102
district for that fiscal year.
The treasurer of each school district or educational 14,104
service center may accrue, in addition to the payments defined in 14,106
this section, to the accounts of the calendar years that end 14,107
during each fiscal year, the difference between the sum of the 14,108
first six months' payments in each fiscal year and the amounts 14,109
the district would have received had the payments been made in, 14,110
as nearly as possible in each fiscal year, twelve equal monthly 14,111
payments.
298
Notwithstanding the limitations on the amount of borrowing 14,113
and time of payment provided for in section 133.10 of the Revised 14,114
Code but subject to the provisions of sections 133.26 and 133.30 14,115
of the Revised Code, a board of education of a school district 14,116
may at any time between July 1, 1999, and December 31, 1999, or 14,117
at any time between July 1, 2000, and December 31, 2000, borrow 14,118
money to pay any necessary and actual expenses of the school 14,119
district during the last six months of calendar years 1999 and 14,120
2000 and in anticipation of the receipt of any portion of the 14,121
payments to be received by that district in the first six months 14,122
of calendar years 2000 and 2001 representing the respective 14,123
amounts accrued pursuant to the preceding paragraph, and issue 14,124
notes to evidence that borrowing to mature no later than the 14,125
thirtieth day of June of the calendar year following the calendar 14,126
year in which such amount was borrowed. The principal amount 14,127
borrowed in the last six months of calendar years 1999 or 2000 14,128
under this paragraph may not exceed the entire amount accrued or 14,129
to be accrued by the district treasurer in those calendar years 14,130
pursuant to the preceding paragraph. The proceeds of the notes 14,131
shall be used only for the purposes for which the anticipated 14,132
receipts are lawfully appropriated by the board of education. No 14,133
board of education shall be required to use the authority granted 14,134
by this paragraph. The receipts so anticipated, and additional 14,135
amounts from distributions to the districts in the first six 14,136
months of calendar years 2000 and 2001 pursuant to Chapter 3317. 14,137
of the Revised Code needed to pay the interest on the notes, 14,138
shall be deemed appropriated by the board of education to the 14,139
extent necessary for the payment of the principal of and interest 14,140
on the notes at maturity, and the amounts necessary to make those 14,141
monthly distributions are hereby appropriated from the General 14,142
Revenue Fund. For the purpose of better ensuring the prompt 14,143
payment of principal of and interest on the notes when due, the 14,144
resolution of the board of education authorizing the notes may 14,145
direct that the amount of the receipts anticipated, together with 14,146
299
those additional amounts needed to pay the interest on the 14,147
borrowed amounts, shall be deposited and segregated, in trust or 14,148
otherwise, to the extent, at the time or times, and in the manner 14,149
provided in that resolution. The borrowing authorized by this 14,150
section shall not constitute debt for purposes of section 133.04 14,151
of the Revised Code. School districts shall be reimbursed by the 14,152
state for all necessary and actual costs to districts arising 14,153
from this provision, including, without limitation, the interest 14,154
paid on the notes while the notes are outstanding. The 14,155
Department of Education shall adopt rules that are not 14,156
inconsistent with this section for school district eligibility 14,157
and application for reimbursement of such costs. Payments of 14,158
these costs shall be made out of any anticipated balances in 14,159
appropriation items distributed under Chapter 3317. of the 14,160
Revised Code. The department shall submit all requests for 14,161
reimbursement under these provisions to the Controlling Board for 14,162
approval. 14,163
During the last six months of each calendar year, instead 14,165
of deducting the amount the Superintendent of Public Instruction 14,166
would otherwise deduct from a school district's or educational 14,168
service center's state aid payments in accordance with the 14,169
certifications made for such year pursuant to sections 3307.56 14,170
and 3309.51 of the Revised Code, the superintendent shall deduct 14,172
an amount equal to forty per cent of the amount so certified. 14,173
The secretaries of the retirement systems shall compute the 14,174
certifications for the ensuing year under such sections as if the 14,175
entire amounts certified as due in the calendar year ending the 14,176
current fiscal year, but not deducted pursuant to this paragraph, 14,177
had been deducted and paid in that calendar year. During the 14,178
first six months of the ensuing calendar year, in addition to 14,179
deducting the amounts the Superintendent of Public Instruction is 14,180
required to deduct under such sections during such period, the 14,181
superintendent shall deduct from a district's or educational 14,182
service center's state aid payments an additional amount equal to 14,184
300
the amount that was certified as due from the district for the 14,185
calendar year that ends during the fiscal year, but that was not 14,186
deducted because of this paragraph. The superintendent's 14,187
certifications to the Director of Budget and Management during 14,188
the first six months of the calendar year shall reflect such 14,189
additional deduction.
Section 4.24. Reallocation of Funds 14,191
(A) As used in this section: 14,193
(1) "Basic aid" means the amount calculated for the school 14,196
district received for the fiscal year under divisions (A) and (C) 14,197
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, 14,199
3317.0212, and 3317.0213 of the Revised Code and the amount 14,200
computed for a joint vocational school district under section 14,201
3317.16 of the Revised Code.
(2) "Nonbasic aid" means the amount computed for a school 14,204
district for fiscal year 2000 or fiscal year 2001 under Chapter 14,205
3317. of the Revised Code and this act, excluding the district's 14,206
basic aid and the amount computed under such chapter and acts for 14,207
educational service centers, MR/DD boards, and institutions. 14,208
(B) If in either fiscal year of the biennium the Governor 14,210
issues an order under section 126.05 of the Revised Code to 14,211
reduce expenditures and incurred obligations and the order 14,212
requires the superintendent to reduce such state education 14,213
payments, or if lottery profits transfers are insufficient to 14,215
meet the amounts appropriated from the Lottery Profits Education 14,216
Fund for base cost funding, and if other funds are not sufficient 14,217
to offset the shortfall, the superintendent shall reduce nonbasic 14,219
aid payments so that the total amount expended in the fiscal year 14,220
will not exceed the amount available for expenditure pursuant to 14,221
the Governor's order. Subject to Controlling Board approval, the 14,222
superintendent shall reallocate appropriations not yet expended 14,223
from one program to another. 14,224
(C)(1) If further reductions in nonbasic aid are necessary 14,227
following the reallocations implemented pursuant to division (B) 14,228
301
of this section, the superintendent shall request the Controlling 14,229
Board to approve the use of the money appropriated by this 14,230
division. The superintendent shall include with the 14,231
superintendent's request a report listing the amount of
reductions that each school district will receive if the request 14,232
is not approved, and also the amount of the reduction, if any, 14,233
that will still be required if the use of the money appropriated 14,234
by this section is approved.
(2) In accordance with division (C)(1) of this section, 14,236
there is hereby appropriated to the Department of Education from 14,237
the unobligated balance remaining in the Lottery Profits 14,238
Education Fund at the end of fiscal year 1999 the lesser of: the 14,239
unobligated balance in the fund, or the amount needed to preclude 14,241
a reallocation pursuant to this section. The money appropriated 14,242
by this division may be spent or distributed by the department 14,243
only with the approval of the Controlling Board. 14,244
(D) If reductions in nonbasic aid are still necessary 14,247
following the actions taken pursuant to divisions (B) and (C) of 14,248
this section, the superintendent shall determine by what 14,249
percentage expenditures for nonbasic aid must be reduced for the 14,250
remainder of the fiscal year to make the total amount distributed 14,251
for the year equal the amount appropriated or available for 14,252
distribution. The superintendent shall reduce by that percentage 14,253
the amount to be paid in nonbasic aid to each city, exempted 14,254
village, local, and joint vocational school district, to each 14,255
educational service center, to each county board of mental 14,256
retardation and developmental disabilities, and to each 14,257
institution providing special education programs under section 14,258
3323.091 of the Revised Code for the remainder of the fiscal 14,259
year.
Section 4.25. Lottery Profits 14,261
(A) There is hereby created the Lottery Profits Education 14,263
Reserve Fund (Fund 018) in the State Treasury. At no time shall 14,264
the amount to the credit of the fund exceed $75,000,000. 14,265
302
Investment earnings of the Lottery Profits Education Reserve Fund 14,266
shall be credited to the fund. Notwithstanding any provisions of 14,267
law to the contrary, for fiscal years 2000 and 2001, there is 14,268
hereby appropriated to the Department of Education, from the 14,269
Lottery Profits Education Reserve Fund, an amount necessary to 14,270
make loans authorized by sections 3317.0210, 3317.0211, and 14,271
3317.62 of the Revised Code. All loan repayments from loans made 14,272
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 14,273
shall be deposited into the credit of the Lottery Profits 14,274
Education Reserve Fund.
(B)(1) On or before July 15, 1999, the Director of Budget 14,276
and Management shall determine the amount by which lottery profit 14,277
transfers received by the Lottery Profits Education Fund for 14,278
fiscal year 1999 exceed $688,873,028. The amount so certified 14,280
shall be distributed in fiscal year 2000 pursuant to divisions 14,282
(C) and (D) of this section.
(2) On or before July 15, 2000, the Director of Budget and 14,284
Management shall determine the amount by which lottery profit 14,285
transfers received by the Lottery Profits Education Fund for 14,286
fiscal year 2000 exceed $661,000,000. The amount so determined 14,287
shall be distributed in fiscal year 2001 pursuant to divisions 14,288
(E) and (F) of this section. 14,289
The Director of Budget and Management shall annually 14,291
certify the amounts determined pursuant to this section to the 14,292
Speaker of the House of Representatives and the President of the 14,293
Senate.
(C) Not later than June 15, 2000, the Department of 14,295
Education, in consultation with the Director of Budget and 14,296
Management, shall determine, based upon estimates, if a 14,297
reallocation of funds as described in the section of this act 14,298
titled "Reallocation of Funds" is required. 14,299
If a reallocation of funds is required, then the 14,301
Superintendent of Public Instruction shall request Controlling 14,302
Board approval for a release of any balances in the Lottery 14,303
303
Profits Education Fund available for the purpose of this division 14,304
and pursuant to divisions (C)(1) and (2) of the section of this 14,305
act titled "Reallocation of Funds." Any moneys so released are 14,306
hereby appropriated. 14,307
(D) In fiscal year 2000, if the Department of Education 14,309
does not determine that a reallocation of funds is necessary by 14,310
the fifteenth day of June, as provided in division (C) of this 14,312
section, or if there is a balance in the Lottery Profits 14,313
Education Fund after the release of any amount needed to preclude 14,314
a reallocation of funds as provided in division (C) of this 14,315
section, the moneys in the Lottery Profits Education Fund shall 14,316
be allocated as provided in this division. Any amounts so 14,317
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 14,319
profits of $688,873,028 in fiscal year 1999 or the amount 14,320
remaining in the fund, whichever is the lesser amount, shall be 14,321
transferred to the Lottery Profits Education Reserve Fund within 14,322
the limitations specified in division (A) of this section and be 14,323
reserved and shall not be available for allocation or 14,324
distribution during fiscal year 2000. Any amounts exceeding 14,325
$75,000,000 shall be distributed pursuant to division (G) of this 14,326
section. 14,327
(E) Not later than June 15, 2001, the Department of 14,329
Education, in consultation with the Director of Budget and 14,330
Management, shall determine, based upon estimates, if a 14,331
reallocation of funds as described in the section of this act 14,332
titled "Reallocation of Funds" is required. 14,333
If a reallocation of funds is required, then the 14,335
Superintendent of Public Instruction shall request Controlling 14,336
Board approval for a release of any balances in the Lottery 14,337
Profits Education Fund available for the purpose of this division 14,338
and pursuant to divisions (C)(1) and (2) of the section of this 14,339
act titled "Reallocation of Funds." Any moneys so released are 14,340
hereby appropriated. 14,341
304
(F) In fiscal year 2001, if the Department of Education 14,343
does not determine that a reallocation of funds is necessary by 14,344
the fifteenth day of June, as provided in division (E) of this 14,346
section, or if there is a balance in the Lottery Profits 14,347
Education Fund after the release of any amount needed to preclude 14,348
a reallocation of funds as provided in division (E) of this 14,349
section, the moneys in the Lottery Profits Education Fund shall 14,350
be allocated as provided in this division. Any amounts so 14,351
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 14,353
profits transfers of $661,000,000 in fiscal year 2000 or the 14,354
amount remaining in the fund, whichever is the lesser amount, 14,355
shall be transferred to the Lottery Profits Education Reserve 14,356
Fund within the limitations specified in division (A) of this 14,357
section and be reserved and shall not be available for allocation 14,358
or distribution during fiscal year 2001. Any amounts exceeding 14,359
$75,000,000 shall be distributed pursuant to division (G) of this 14,361
section.
(G) In the appropriate fiscal year, any remaining amounts 14,363
after the operations required by division (D) or (F) of this 14,364
section, respectively, shall be available for distribution in 14,365
accordance with this division. 14,366
(1) As used in this division: 14,368
(a) "State basic aid" means: 14,370
(i) In the case of a city, local, or exempted village 14,372
school district, the amount computed for a district under 14,373
sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the 14,374
Revised Code, plus any amount computed for the district under 14,375
section 3317.0212 of the Revised Code; 14,376
(ii) In the case of a joint vocational school district, 14,378
the amount calculated under section 3317.16 of the Revised Code. 14,379
(b) "ADM" means: 14,381
(i) In the case of a city, local, or exempted village 14,383
school district, the district's formula ADM as defined in section 14,384
305
3317.02 of the Revised Code, minus the portion of ADM computed 14,385
under division (A)(3) of section 3317.03 of the Revised Code for 14,386
students that are enrolled in a joint vocational school district; 14,387
(ii) In the case of a joint vocational school district, 14,389
the district's formula ADM as defined in that section. 14,390
(2) Ninety-seven and forty-three one-hundredths per cent 14,392
of the amount made available for distribution under this division 14,393
in each fiscal year shall be distributed to city, local, joint 14,394
vocational, and exempted village school districts eligible to 14,395
receive funds pursuant to Chapter 3317. of the Revised Code in 14,396
proportion to the percentage that the ADM of each such district 14,397
is of the ADM of all districts and shall be for the use of the 14,398
public schools of the district. Two and fifty-seven 14,399
one-hundredths per cent of such amount made available for 14,400
distribution under this division in each fiscal year shall be 14,401
distributed to nonpublic schools for the purposes of section 14,402
3317.063 of the Revised Code. Not later than the first day of 14,403
March of each fiscal year, the Department of Education shall 14,404
compute each school district's share for that year of the amount 14,405
to be distributed under this division and shall, subject to 14,406
Controlling Board approval, distribute the shares so determined. 14,407
Amounts distributed to school districts pursuant to this 14,409
division shall be used solely to purchase textbooks and 14,410
equipment. If funds have been appropriated by a board for any 14,411
purposes permitted under this section, the amounts distributed to 14,412
the district or educational service center under this division 14,413
shall be used for additional expenditures for such purposes and 14,414
shall not be substituted for funds previously appropriated by the 14,415
board.
(3) Districts and nonpublic schools shall report to the 14,417
Department of Education no later than the last day of May of each 14,418
fiscal year on the usage of funds received under this division. 14,419
The Department shall compile district data and report on the 14,420
usage of all funds distributed under this division to the 14,421
306
Controlling Board by the last day of June of each fiscal year. 14,422
If the Department determines that a district used funds 14,423
distributed pursuant to this division for purposes not permitted, 14,424
it shall reduce the district's state basic aid payments for the 14,425
ensuing fiscal year by the amount improperly used. 14,426
It is the intent of the General Assembly that moneys 14,428
distributed pursuant to this section shall not be included in any 14,429
spending base calculations when appropriations for the 2001-2002 14,430
biennium are being considered. 14,431
Section 4.26.* For the school year commencing July 1, 14,433
1999, or the school year commencing July 1, 2000, or both, the 14,434
Superintendent of Public Instruction may waive for the board of 14,435
education of any school district the ratio of teachers to pupils 14,436
in kindergarten through fourth grade required under paragraph 14,437
(A)(3) of rule 3301-35-03 of the Administrative Code if the 14,438
following conditions apply: 14,439
(A) The board of education requests the waiver; 14,441
(B) After the Department of Education conducts an on-site 14,443
evaluation of the district related to meeting the required ratio, 14,444
the board of education demonstrates to the satisfaction of the 14,445
Superintendent of Public Instruction that providing the 14,447
facilities necessary to meet the required ratio during the 14,448
district's regular school hours with pupils in attendance would 14,449
impose an extreme hardship on the district; 14,450
(C) The board of education provides assurances that are 14,452
satisfactory to the Superintendent of Public Instruction that the 14,453
board will act in good faith to meet the required ratio as soon 14,454
as possible. 14,455
Section 4.27.* Teacher and Nonteacher Salary Schedules 14,457
(A) As used under this heading: 14,459
(1) "Teachers' salary schedule" means the salary schedule 14,462
adopted pursuant to section 3317.14 of the Revised Code, except 14,463
that it does not include any separate salary level for teachers 14,464
with twelve or more years of service or for any separate level of 14,465
307
training and experience except those levels separately set forth 14,466
in the salary schedule in section 3317.13 of the Revised Code. 14,467
(2) "Nonteaching salary schedule" means the salary 14,470
schedule adopted pursuant to section 3317.12 of the Revised Code. 14,471
(B) If the salary for any number of years' service at any 14,473
level of training and experience in a board of education's 14,474
teachers' salary schedule that was in effect on June 30, 1994, 14,475
was less than the amount required for that number of years' 14,476
service at that level in order to be in compliance with the 14,477
minimum salary requirements imposed by this act for the 1994-1995 14,478
school year, that board shall increase the salaries for each 14,479
position classification and level of service in the nonteaching 14,480
salary schedule for the 1994-1995 school year as follows: 14,481
(1) Add the salaries at each level of training and 14,483
experience in the teachers' salary schedule that was in effect on 14,484
June 30, 1994. 14,485
(2) At each level of training and experience, increase the 14,487
salary in the June 30, 1994, teachers' salary schedule if an 14,488
increase is required for the 1994-1995 school year in order to 14,489
bring that schedule into compliance with this act, but do not 14,490
increase the salary to more than the minimum amount required to 14,491
be in compliance. 14,492
(3) Recompute division (B)(1) under this heading, 14,494
substituting the increased salaries included in division (B)(2) 14,495
under this heading. 14,496
(4) Divide the sum obtained in division (B)(3) under this 14,498
heading by the sum obtained in division (B)(1) under this 14,499
heading. 14,500
(5) Multiply the salary for each position classification 14,502
and level of service included in the nonteaching salary schedule 14,503
by the quotient obtained in division (B)(4) under this heading. 14,504
No school district affected by this division shall pay any 14,506
nonteaching school employee for the 1994-1995 school year at a 14,507
rate that is less than that to which the employee would be 14,508
308
entitled if the employee were paid under the adjusted nonteaching 14,510
salary schedule computed under division (B)(5) of this heading. 14,511
Section 4.28.* Notwithstanding any provision of division 14,513
(F) of section 3311.06 of the Revised Code limiting interdistrict 14,516
payments under annexation agreements to amounts certified under 14,517
former section 3317.029 of the Revised Code, a party to an 14,518
annexation agreement entered into prior to the effective date of 14,519
this section which contains an agreement to pay, in respect of
its territory which is annexed territory, an amount which exceeds 14,520
or exceeded the amount certified under former section 3317.029 of 14,521
the Revised Code may pay such agreed amount, if the agreement 14,522
expressly states the intention of the parties not to be bound by 14,523
such limitation if so permitted by law. 14,524
Section 4.29. Private Treatment Facility Pilot Project 14,526
(A) As used in this section: 14,528
(1) The following are "participating residential treatment 14,530
centers":
(a) Private residential treatment facilities which have 14,532
entered into a contract with the Ohio Department of Youth 14,533
Services to provide services to children placed at the facility 14,534
by the department and which, in fiscal year 2000 or 2001 or both, 14,536
the department pays through appropriation item 470-401, Care and 14,537
Custody.
(b) Abraxas, in Shelby; 14,539
(c) Paint Creek, in Bainbridge; 14,541
(d) Act One, in Akron; 14,543
(e) Friars Club, in Cincinnati. 14,545
(2) "Education program" means an elementary or secondary 14,547
education program or a special education program and related 14,548
services. 14,549
(3) "Served child" means any child receiving an education 14,551
program pursuant to division (B) of this section. 14,552
(4) "School district responsible for tuition" means a 14,554
city, exempted village, or local school district that, if tuition 14,555
309
payment for a child by a school district is required under law 14,556
that existed in fiscal year 1998, is the school district required 14,558
to pay that tuition.
(5) "Residential child" means a child who resides in a 14,560
participating residential treatment center and who is receiving 14,561
an educational program under division (B) of this section. 14,562
(B) A youth who is a resident of the state and has been 14,565
assigned by a juvenile court or other authorized agency to a 14,566
residential treatment facility specified in division (A) of this 14,567
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational 14,569
program shall be contingent upon compliance with the criteria 14,570
established for such programs by the Department of Education. 14,571
The educational program shall be provided by a school district or 14,573
educational service center, or by the residential facility 14,574
itself. Maximum flexibility shall be given to the residential 14,575
treatment facility to determine the provider. In the event that 14,576
a voluntary agreement cannot be reached and the residential 14,577
facility does not choose to provide the educational program, the 14,578
educational service center in the county in which the facility is 14,579
located shall provide the educational program at the treatment 14,580
center to children under the age of twenty-two years residing in 14,581
the treatment center.
(C) Any school district responsible for tuition for a 14,584
residential child shall, notwithstanding any conflicting 14,585
provision of the Revised Code regarding tuition payment, pay 14,586
tuition for the child for fiscal years 2000 and 2001 to the 14,587
education program provider and in the amount specified in this 14,588
division. If there is no school district responsible for tuition 14,589
for a residential child and if the participating residential 14,590
treatment center to which the child is assigned is located in the 14,591
city, exempted village, or local school district that, if the 14,592
child were not a resident of that treatment center, would be the 14,593
school district where the child is entitled to attend school 14,594
310
under sections 3313.64 and 3313.65 of the Revised Code, that 14,595
school district shall, notwithstanding any conflicting provision 14,596
of the Revised Code, pay tuition for the child for fiscal years 14,597
2000 and 2001 under this division unless that school district is 14,598
providing the educational program to the child under division (B) 14,599
of this section.
A tuition payment under this division shall be made to the 14,601
school district, educational service center, or residential 14,602
treatment facility providing the educational program to the 14,603
child. 14,604
The amount of tuition paid shall be: 14,606
(1) The amount of tuition determined for the district 14,608
under division (A) of section 3317.08 of the Revised Code; 14,609
(2) In addition, for any student receiving special 14,611
education pursuant to an individualized education program as 14,612
defined in section 3323.01 of the Revised Code, a payment for 14,613
excess costs. This payment shall equal the actual cost to the 14,614
school district, educational service center, or residential
treatment facility of providing special education and related 14,615
services to the student pursuant to the student's individualized 14,616
education program, minus the tuition paid for the child under 14,617
division (C)(1) of this section. 14,618
A school district paying tuition under this division shall 14,620
not include the child for whom tuition is paid in the district's 14,621
average daily membership certified under division (A) of section 14,622
3317.03 of the Revised Code.
(D) In each of fiscal years 2000 and 2001, the Department 14,624
of Education shall reimburse, from appropriations made for the 14,625
purpose, a school district, educational service center, or 14,626
residential treatment facility, whichever is providing the 14,627
service, which has demonstrated that it is in compliance with the 14,628
funding criteria for each served child for whom a school district 14,629
must pay tuition under division (C) of this section. The amount 14,630
of this reimbursement in either fiscal year shall be the formula 14,632
311
amount specified in section 3317.022 of the Revised Code except 14,633
that the department shall proportionately reduce this 14,634
reimbursement if sufficient funds are not available to pay this 14,635
amount to all qualified providers.
(E) Funds provided to a school district, educational 14,637
service center, or residential treatment facility under this 14,638
section shall be used to supplement, not supplant, funds from 14,639
other public sources for which the school district, service 14,641
center, or residential treatment facility is entitled or 14,642
eligible.
(F) The Department of Education shall track the 14,644
utilization of funds provided to school districts, educational 14,646
service centers, and residential treatment facilities under this 14,647
section and monitor the effect of the funding on the educational 14,648
programs they provide in participating residential treatment 14,649
facilities. The department shall monitor the programs for
educational accountability. 14,650
Section 4.30. The Superintendent of Public Instruction 14,652
shall contract with an independent research entity to develop a 14,653
methodology and research design for an evaluation of the pilot 14,655
project approved pursuant to section 3313.975 of the Revised 14,656
Code. The independent research entity shall consult with the 14,657
Legislative Office of Education Oversight in the development of
the methodology and research for the evaluation. The evaluation 14,658
shall consist of two parts. The first part shall be a formative 14,659
evaluation examining the implementation of the program, which 14,660
shall be completed by December 31, 1997. The second part shall 14,661
be a comprehensive evaluation of the results of the program, 14,662
which shall be completed by September 1, 1999. The comprehensive 14,664
evaluation shall include at a minimum a study of the impact of
scholarships on student attendance, conduct, commitment to 14,665
education, and standardized test scores; parental involvement; 14,666
the school district's ability to provide services to district 14,667
students; and the availability of alternative educational 14,668
312
opportunities. The evaluation shall also study the economic 14,669
impact of scholarships on the school district. 14,670
Section 4.31. Notwithstanding division (C)(1) of section 14,672
3313.975 of the Revised Code, in addition to students in 14,674
kindergarten through third grade, initial scholarships may be 14,675
awarded to fourth, fifth, and sixth grade students in fiscal year 14,677
2000 and to fourth, fifth, sixth, and seventh grade students in
fiscal year 2001. 14,678
Section 4.32. Notwithstanding Chapter 3318. of the Revised 14,681
Code, for purposes of complying with the local share and
repayment tax requirements of section 3318.05 of the Revised 14,682
Code, any school district given conditional approval for 14,683
classroom facilities assistance under section 3318.04 of the 14,684
Revised Code as of January 1, 1993, that approved a replacement 14,685
permanent improvement levy at the November 5, 1996, election 14,686
shall be permitted to use the proceeds of such levy, and any 14,687
notes issued or to be issued in anticipation thereof, as 14,688
available funds, within the meaning specified under section 14,689
3318.03 of the Revised Code, to pay the local share of the cost 14,690
of the approved classroom facilities project. Notwithstanding 14,691
the local share as previously determined for purposes of the 14,692
conditional approval of the project, the local share shall be 14,693
equal to the amount of proceeds to be obtained by the district 14,694
under such replacement permanent improvement levy. Such school 14,695
districts shall not be required to obtain approval of either of 14,696
the propositions described in divisions (A) or (B) of section 14,697
3318.051 of the Revised Code. The agreement required under 14,698
section 3318.08 of the Revised Code for the construction and sale 14,700
of the project shall include provisions for the transfer of the 14,701
proceeds of the replacement permanent improvement levy, and any 14,702
notes issued in anticipation thereof, to the school district's 14,703
project construction account, and for the levy of the replacement 14,704
permanent improvement levy.
Section 4.33. Statewide Study of Teacher Salaries 14,707
313
The Legislative Office of Education Oversight shall conduct 14,709
a statewide assessment of teachers' salaries in the state. The 14,710
assessment shall include, but not be limited to, the following: 14,711
(A) An evaluation of the effect that the minimum teacher 14,713
salary schedule prescribed in section 3317.13 of the Revised Code 14,714
has on the salary schedules used by school districts across the 14,715
state;
(B) A determination of which school districts use the 14,717
minimum salary schedule prescribed in section 3317.13 of the 14,718
Revised Code;
(C) An evaluation of how district salary schedules compare 14,720
with the minimum salary schedule prescribed in section 3317.13 of 14,721
the Revised Code; 14,722
(D) An evaluation of the effect that teacher salaries have 14,724
on the ability of school districts to hire and retain teachers, 14,725
particularly analyzing any difficulty that school districts 14,726
experience when attempting to hire teachers at the low end of the 14,727
salary schedule; 14,728
(E) An evaluation of the effect teacher salaries have on 14,730
the number of college-age students choosing primary and secondary 14,731
teaching as a career; 14,732
(F) A review of the salary schedules of all school 14,734
districts in the state and a breakdown within each district and 14,735
statewide as to the percentage of teachers in each level of 14,736
compensation.
The study shall be completed and presented to the General 14,738
Assembly and the Governor not later than December 31, 2000. 14,739
Section 4.34. Statewide Study of Professional Development 14,742
Delivery
The Legislative Office of Education Oversight shall conduct 14,744
a statewide assessment of professional development in the state. 14,745
The assessment shall include, but not be limited to, the 14,746
following:
(A) An examination of how professional development funds 14,748
314
are spent;
(B) A study of the types of professional development 14,750
programs funded with state moneys; 14,752
(C) A study of the role of local professional development 14,754
committees, established under section 3319.22 of the Revised 14,755
Code, in determining the expenditure of professional development 14,756
moneys;
(D) A study of the affect of professional development 14,758
programs on student achievement. 14,759
The study shall encompass all facets of professional 14,761
development, including the role of higher education in preparing 14,763
educators and assisting with in-service training for veteran 14,764
educators.
The study shall be completed and presented to the General 14,766
Assembly and the Governor not later than November 15, 2000. 14,767
Section 5. HEF HIGHER EDUCATIONAL FACILITY COMMISSION 14,769
Agency Fund Group 14,771
461 372-601 Operating Expenses $ 12,000 $ 12,000 14,776
TOTAL AGY Agency Fund Group $ 12,000 $ 12,000 14,779
TOTAL ALL BUDGET FUND GROUPS $ 12,000 $ 12,000 14,782
Section 6. LOT STATE LOTTERY COMMISSION 14,785
State Lottery Fund Group 14,787
044 950-100 Personal Services $ 22,754,332 $ 23,095,613 14,792
044 950-200 Maintenance $ 24,644,625 $ 25,296,625 14,796
044 950-300 Equipment $ 3,841,880 $ 3,274,320 14,800
044 950-402 Game and Advertising 14,802
Contracts $ 63,542,098 $ 64,378,735 14,804
044 950-601 Prizes, Bonuses, and 14,806
Commissions $ 173,555,000 $ 172,025,000 14,808
871 950-602 Annuity Prizes $ 180,660,880 $ 190,243,265 14,812
872 950-603 Unclaimed Prize 14,814
Awards $ 14,500,000 $ 10,700,000 14,816
TOTAL SLF State Lottery Fund 14,817
Group $ 483,498,815 $ 489,013,558 14,820
315
TOTAL ALL BUDGET FUND GROUPS $ 483,498,815 $ 489,013,558 14,823
Operating Expenses 14,826
The foregoing appropriation items include all amounts 14,828
necessary for the purchase and printing of tickets, consultant 14,829
services, and advertising. The Controlling Board may, at the 14,830
request of the State Lottery Commission, authorize additional 14,831
appropriations for operating expenses of the State Lottery 14,832
Commission from the State Lottery Fund up to a maximum of 15 per 14,833
cent of anticipated total revenue accruing from the sale of 14,834
lottery tickets. Amounts authorized by the Controlling Board are 14,835
hereby appropriated. 14,836
Prizes, Bonuses, and Commissions 14,838
Any amounts, in addition to the amounts appropriated in 14,841
appropriation item 950-601, Prizes, Bonuses, and Commissions, 14,842
which are determined by the director of the State Lottery
Commission to be necessary to fund prizes, bonuses, and 14,844
commissions are hereby appropriated.
Annuity Prizes 14,846
With the approval of the Office of Budget and Management, 14,848
the State Lottery Commission shall transfer cash from the State 14,849
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund 14,850
(Fund 871), in an amount sufficient to fund deferred prizes. The 14,851
Treasurer of State shall, from time to time, credit the Deferred 14,852
Prizes Trust Fund (Fund 871) the pro rata share of interest 14,853
earned by the Treasurer of State on invested balances. 14,854
Any amounts, in addition to the amounts appropriated in 14,857
appropriation item 950-602, Annuity Prizes, which are determined 14,858
by the director of the State Lottery Commission to be necessary 14,859
to fund deferred prizes and interest earnings are hereby 14,861
appropriated.
Public Sector Gaming Study 14,863
If the Director of the State Lottery Commission deems it in 14,865
the best interest of the Ohio Lottery, the director is authorized 14,866
to contribute up to $10,000 to help fund research projects 14,867
316
concerning public sector gaming. 14,868
Section 7. BOR BOARD OF REGENTS 14,870
General Revenue Fund 14,872
GRF 235-321 Operating Expenses $ 3,106,261 $ 3,201,422 14,877
GRF 235-401 Rental Payments to 14,879
the Ohio Public
Facilities Commission $ 365,552,000 $ 377,490,000 14,881
GRF 235-402 Sea Grants $ 299,940 $ 299,940 14,885
GRF 235-403 Math/Science Teaching 14,887
Improvement $ 2,200,000 $ 1,700,000 14,889
GRF 235-404 College Readiness 14,891
Initiatives $ 2,650,000 $ 2,564,000 14,893
GRF 235-406 Articulation and 14,895
Transfer $ 1,000,000 $ 1,000,000 14,897
GRF 235-408 Midwest Higher 14,899
Education Compact $ 75,000 $ 75,000 14,901
GRF 235-409 Information System $ 1,389,819 $ 1,389,819 14,905
GRF 235-414 State Grants and 14,907
Scholarship
Administration $ 1,360,630 $ 1,401,449 14,909
GRF 235-415 Jobs Challenge $ 8,743,864 $ 10,979,694 14,913
GRF 235-417 Technology $ 4,000,000 $ 4,000,000 14,917
GRF 235-418 Access Challenge $ 35,313,691 $ 65,268,000 14,921
GRF 235-420 Success Challenge $ 20,068,104 $ 48,741,000 14,925
GRF 235-451 Eminent Scholars $ 0 $ 5,200,000 14,929
GRF 235-454 Research Challenge $ 19,436,382 $ 21,568,440 14,933
GRF 235-455 Productivity 14,935
Improvement Challenge $ 1,655,884 $ 1,695,625 14,937
GRF 235-474 AHEC Program Support $ 2,094,566 $ 2,094,565 14,941
GRF 235-477 Access Improvement 14,943
Projects $ 1,084,842 $ 1,110,879 14,945
GRF 235-501 Instructional Subsidy $1,586,259,165 $1,633,846,940 14,949
GRF 235-502 Student Support 14,951
Services $ 1,033,059 $ 1,057,853 14,953
317
GRF 235-503 Ohio Instructional 14,955
Grants $ 88,550,000 $ 98,881,000 14,957
GRF 235-504 War Orphans' 14,959
Scholarships $ 4,152,934 $ 4,517,037 14,961
GRF 235-507 OhioLINK $ 6,947,761 $ 7,668,731 14,965
GRF 235-508 Air Force Institute 14,967
of Technology $ 3,500,000 $ 3,500,000 14,969
GRF 235-509 Displaced Homemakers $ 244,996 $ 244,996 14,973
GRF 235-510 Ohio Supercomputer 14,975
Center $ 4,834,416 $ 4,932,218 14,977
GRF 235-511 Cooperative Extension 14,979
Service $ 25,543,306 $ 26,608,525 14,981
GRF 235-513 OU Voinovich Center $ 375,000 $ 375,000 14,985
GRF 235-514 Central State 14,987
Supplement $ 9,744,956 $ 9,744,956 14,989
GRF 235-515 CWRU School of 14,991
Medicine $ 4,181,578 $ 4,281,936 14,993
GRF 235-518 Capitol Scholarship 14,995
Programs $ 250,000 $ 250,000 14,997
GRF 235-519 Family Practice $ 6,229,607 $ 6,541,087 15,001
GRF 235-520 Shawnee State 15,003
Supplement $ 2,969,965 $ 2,824,000 15,005
GRF 235-521 OSU Glenn Institute $ 375,000 $ 375,000 15,009
GRF 235-523 Center for Labor 15,011
Research $ 200,000 $ 200,000 15,013
GRF 235-524 Police and Fire 15,015
Protection $ 244,996 $ 244,996 15,017
GRF 235-525 Geriatric Medicine $ 1,062,139 $ 1,087,630 15,021
GRF 235-526 Primary Care 15,023
Residencies $ 3,016,605 $ 3,167,435 15,025
GRF 235-527 Ohio Aerospace 15,027
Institute $ 2,374,973 $ 2,431,973 15,029
GRF 235-530 Academic Scholarships $ 8,000,000 $ 8,000,000 15,033
GRF 235-531 Student Choice Grants $ 43,025,389 $ 49,150,000 15,037
318
GRF 235-535 Agricultural Research 15,039
and Development
Center $ 34,623,910 $ 36,180,884 15,041
GRF 235-536 Ohio State University 15,043
Clinical Teaching $ 15,621,369 $ 15,996,281 15,045
GRF 235-537 University of 15,047
Cincinnati Clinical
Teaching $ 12,848,363 $ 13,156,724 15,049
GRF 235-538 Medical College of 15,051
Ohio at Toledo
Clinical Teaching $ 10,014,602 $ 10,254,953 15,053
GRF 235-539 Wright State 15,055
University Clinical
Teaching $ 4,865,290 $ 4,982,057 15,057
GRF 235-540 Ohio University 15,059
Clinical Teaching $ 4,703,423 $ 4,816,305 15,061
GRF 235-541 Northeastern Ohio 15,063
Universities College
of Medicine Clinical 15,064
Teaching $ 4,837,466 $ 4,953,565 15,066
GRF 235-543 OCPM Clinical Subsidy $ 235,000 $ 235,000 15,070
GRF 235-547 School of 15,072
International
Business $ 1,493,637 $ 1,493,637 15,074
GRF 235-549 Part-time Student 15,076
Instructional Grants $ 12,308,500 $ 12,677,750 15,078
GRF 235-552 Capital Component $ 9,863,295 $ 9,863,295 15,082
GRF 235-553 Dayton Area Graduate 15,084
Studies Institute $ 3,765,832 $ 3,856,212 15,086
GRF 235-554 Priorities in 15,088
Graduate Education $ 3,464,704 $ 3,553,437 15,090
GRF 235-555 Library Depositories $ 2,400,000 $ 2,000,000 15,094
GRF 235-556 Ohio Academic 15,096
Resource Network $ 3,227,819 $ 3,512,182 15,098
319
GRF 235-558 Long-term Care 15,100
Research $ 318,371 $ 318,371 15,102
GRF 235-561 BGSU Canadian Studies 15,104
Center $ 167,642 $ 167,642 15,106
GRF 235-572 Ohio State University 15,108
Clinic Support $ 1,702,378 $ 1,820,188 15,110
GRF 235-583 Urban University 15,112
Programs $ 5,448,911 $ 5,521,285 15,114
GRF 235-585 Ohio University 15,116
Innovation Center $ 49,745 $ 49,745 15,118
GRF 235-587 Rural University 15,120
Projects $ 1,298,070 $ 1,403,624 15,122
GRF 235-588 Ohio Resource Center 15,124
for Mathematics,
Science, and Reading $ 500,000 $ 1,000,000 15,126
GRF 235-595 International Center 15,128
for Water Resources
Development $ 189,381 $ 189,381 15,130
GRF 235-596 Hazardous Materials 15,132
Program $ 244,996 $ 244,996 15,134
GRF 235-599 National Guard 15,136
Tuition Grant Program $ 9,539,575 $ 13,842,740 15,138
TOTAL GRF General Revenue Fund $2,416,879,107 $2,571,801,400 15,141
General Services Fund Group 15,144
456 235-603 Publications $ 35,000 $ 35,000 15,149
TOTAL GSF General Services 15,150
Fund Group $ 35,000 $ 35,000 15,153
Federal Special Revenue Fund Group 15,156
3H2 235-608 Human Services 15,159
Project $ 974,506 $ 761,000 15,161
3N6 235-605 State Student 15,163
Incentive Grants $ 2,000,000 $ 2,000,000 15,165
3T0 235-610 NHSC Ohio Loan 15,167
Repayment $ 100,000 $ 100,000 15,169
320
312 235-609 Tech Prep $ 192,224 $ 211,450 15,173
312 235-631 Federal Grants $ 2,645,077 $ 2,645,077 15,177
TOTAL FED Federal Special Revenue 15,178
Fund Group $ 5,911,807 $ 5,717,527 15,181
State Special Revenue Fund Group 15,184
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 15,189
4P4 235-604 Physician Loan 15,191
Repayment $ 396,255 $ 396,255 15,193
649 235-607 Ohio State University 15,195
Highway/Transportation 15,195
Research $ 500,000 $ 500,000 15,198
682 235-606 Nursing Loan Program $ 603,406 $ 618,241 15,202
TOTAL SSR State Special Revenue 15,203
Fund Group $ 1,511,661 $ 1,526,496 15,206
TOTAL ALL BUDGET FUND GROUPS $2,424,337,575 $2,579,080,423 15,209
Section 7.01. Instructional Subsidy Formula 15,212
As soon as practicable during each fiscal year of the 15,214
1999-2001 biennium in accordance with instructions of the Ohio 15,215
Board of Regents, each state-assisted institution of higher 15,216
education shall report its actual enrollment to the Ohio Board of 15,217
Regents. 15,218
The Ohio Board of Regents shall establish procedures 15,220
required by the system of formulas set out below and for the 15,221
assignment of individual institutions to categories described in 15,222
the formulas. The system of formulas establishes the manner in 15,223
which aggregate expenditure requirements shall be determined for 15,224
each of the three components of institutional operations. In 15,225
addition to other adjustments and calculations described below, 15,226
the subsidy entitlement of an institution shall be determined by 15,227
subtracting from the institution's aggregate expenditure 15,228
requirements income to be derived from the local contributions 15,229
assumed in calculating the subsidy entitlements. The local 15,230
contributions for purposes of determining subsidy support shall 15,231
not limit the authority of the individual boards of trustees to 15,232
321
establish fee levels. 15,233
The General Studies and Technical models shall be adjusted 15,235
by the Board of Regents so that the share of state subsidy earned 15,236
by those models is not altered by changes in the overall local 15,237
share. A lower-division fee differential shall be used to 15,238
maintain the relationship that would have occurred between these 15,239
models and the Baccalaureate models had an assumed share of 37 15,240
per cent been funded. 15,241
In defining the number of full-time equivalent students for 15,243
state subsidy purposes, the Ohio Board of Regents shall exclude 15,244
all undergraduate students who are not residents of Ohio, except 15,245
those charged in-state fees in accordance with reciprocity 15,246
agreements made pursuant to section 3333.17 of the Revised Code. 15,247
(A) Aggregate Expenditure Per Full-Time Equivalent Student 15,249
(1) Instruction and Support Services 15,251
Model FY 2000 FY 2001 15,254
General Studies I $ 3,680 $ 3,762 15,256
General Studies II $ 4,060 $ 4,305 15,258
General Studies III $ 5,141 $ 5,259 15,260
Technical I $ 4,702 $ 5,012 15,262
Technical III $ 8,088 $ 8,477 15,264
Baccalaureate I $ 6,301 $ 6,611 15,266
Baccalaureate II $ 7,287 $ 7,582 15,268
Baccalaureate III $ 10,417 $ 10,574 15,270
Masters and Professional I $ 11,788 $ 12,300 15,272
Masters and Professional II $ 17,020 $ 17,558 15,274
Masters and Professional III $ 22,976 $ 23,214 15,276
Doctoral I $ 19,495 $ 19,647 15,278
Doctoral II $ 25,066 $ 25,840 15,280
Medical I $ 27,250 $ 27,709 15,282
Medical II $ 38,309 $ 39,323 15,284
(2) Student Services 15,287
For this purpose full-time equivalent counts shall be 15,289
weighted to reflect differences among institutions in the numbers 15,290
322
of students enrolled on a part-time basis. 15,291
FY 2000 FY 2001 15,293
All Expenditure Models $ 556 $ 594 15,294
(B) Plant Operation and Maintenance (POM) 15,296
(1) Determination of the Square-Foot Based POM Subsidy 15,298
Space undergoing renovation shall be funded at the rate 15,300
allowed for storage space. 15,301
In the calculation of square footage for each campus, 15,303
square footage shall be weighted to reflect differences in space 15,304
utilization.
The space inventories for each campus shall be those 15,306
determined in the fiscal year 1997 instructional subsidy, 15,307
adjusted for changes attributable to the construction or 15,308
renovation of facilities for which state appropriations were made 15,309
or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of 15,311
operation in fiscal year 2000 or fiscal year 2001 that is not 15,312
otherwise replaced by a campus shall be deleted from the fiscal 15,313
year 1997 inventory.
The square-foot based plant operation and maintenance 15,315
subsidy for each campus shall be determined as follows: 15,316
(a) For each standard room type category shown below, the 15,318
subsidy-eligible net assignable square feet (NASF) for each 15,319
campus shall be multiplied by the following rates, and the 15,320
amounts summed for each campus to determine the total gross 15,321
square-foot based POM expenditure requirement:
FY 2000 FY 2001 15,323
Classrooms $5.18 $5.33 15,324
Laboratories $6.45 $6.64 15,325
Offices $5.18 $5.33 15,326
Audio Visual Data Processing $6.45 $6.64 15,327
Storage $2.30 $2.36 15,328
Circulation $6.53 $6.72 15,329
Other $5.18 $5.33 15,330
323
(b) The total gross square-foot POM expenditure 15,333
requirement shall be allocated to models in proportion to 15,334
full-time equivalent (FTE) enrollments as reported in enrollment 15,335
data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) 15,337
above shall be multiplied by the ratio of subsidy-eligible FTE 15,339
students to total FTE students reported in each model, and the 15,340
amounts summed for all models. To this total amount shall be 15,341
added an amount to support roads and grounds expenditures to
produce the total square-foot based POM subsidy. 15,342
(2) Determination of the Activity-Based POM Subsidy 15,344
(a) The number of subsidy-eligible FTE students in each 15,346
model shall be multiplied by the following rates for each campus 15,347
for each fiscal year.
FY 2000 FY 2001 15,350
General Studies I $ 488 $ 488 15,352
General Studies II $ 563 $ 584 15,354
General Studies III $1,237 $1,217 15,356
Technical I $ 555 $ 553 15,358
Technical II $1,128 $1,175 15,360
Baccalaureate I $ 641 $ 655 15,362
Baccalaureate II $1,067 $1,109 15,364
Baccalaureate III $1,578 $1,598 15,366
Masters & Professional I $ 995 $1,022 15,368
Masters & Professional II $1,742 $1,895 15,370
Masters & Professional III $2,620 $2,614 15,372
Doctoral I $1,433 $1,382 15,374
Doctoral II $2,502 $2,613 15,376
Medical I $2,389 $2,485 15,378
Medical II $3,458 $3,362 15,380
(b) The sum of the products for each campus determined in 15,383
division (B)(2)(a) for each fiscal year shall be weighted by a 15,385
factor to reflect sponsored research activity and job-training 15,386
related public services expenditures to determine the total 15,387
324
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 15,389
Adjustments
(1) Calculation of Core Subsidy Entitlements 15,391
The calculation of the core subsidy entitlement shall 15,393
consist of the following components: 15,394
(a) For each campus and for each fiscal year, the core 15,396
subsidy entitlement shall be determined by multiplying the 15,397
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 15,399
assumed local contributions, by (i) average subsidy-eligible 15,400
full-time equivalents for the two-year period ending in the prior 15,401
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible full-time equivalents for the five-year 15,403
period ending in the prior year for all models except Doctoral I 15,404
and Doctoral II.
(b) In calculating the core subsidy entitlements for 15,406
Medical II models only, the board shall use the following count 15,407
of full-time equivalent students in place of the two-year average 15,408
and five-year average of subsidy-eligible students. 15,410
(i) For those medical schools whose current year 15,412
enrollment is below the base enrollment, the Medical II full-time 15,413
equivalent enrollment shall equal: 65 per cent of the base 15,414
enrollment plus 35 per cent of the current year enrollment, where 15,415
the base enrollment is: 15,416
Ohio State University 1010 15,418
University of Cincinnati 833 15,419
Medical College of Ohio at 15,420
Toledo 650
Wright State University 433 15,421
Ohio University 433 15,422
Northeastern Ohio Universities 15,423
College of Medicine 433
(ii) For those medical schools whose current year 15,426
enrollment is equal to or greater than the base enrollment, the 15,427
325
Medical II full-time equivalent enrollment shall equal the 15,428
current enrollment. 15,429
(c) For all FTE-based subsidy calculations involving 15,431
all-terms FTE data, FTE-based allowances shall be converted from 15,432
annualized to annual rates to ensure equity and consistency of 15,433
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 15,436
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 15,437
The POM subsidy for each campus shall equal the greater of 15,439
the square-foot-based subsidy or the activity-based POM subsidy 15,440
component of the core subsidy entitlement, except that the total 15,441
activity-based POM subsidy shall not exceed 161% of the 15,442
square-foot based POM subsidy in fiscal year 2000 and shall not 15,443
exceed 177% of the square-foot-based subsidy in fiscal year 2001. 15,444
(e) In fiscal year 2000, no more than 10.94% of the total 15,446
instructional subsidy shall be reserved to implement the 15,447
recommendations of the Graduate Funding Commission. In fiscal 15,448
year 2001, no more than 10.75% of the total instructional subsidy 15,449
shall be reserved for this same purpose. It is the intent of the 15,450
General Assembly that the doctoral reserve be reduced 0.25
percentage points each year thereafter until no more than 10.0% 15,451
of the total instructional subsidy is reserved to implement the 15,452
recommendations of the Graduate Funding Commission. In fiscal 15,453
year 2001, the Board of Regents shall reallocate 2% of the 15,454
reserve among the state-assisted universities on the basis of a 15,455
quality review as specified in the recommendations of the 15,456
Graduate Funding Commission.
The amount so reserved shall be allocated to universities 15,458
in proportion to their share of the total number of Doctoral I 15,459
equivalent FTEs as calculated on an institutional basis using 15,460
fiscal year 1998 annualized FTEs as adjusted to reflect the 15,461
effects of doctoral review. For the purposes of this
calculation, a doctoral equivalent FTE shall equal one Doctoral I 15,462
326
FTE, or 1.5 Doctoral II FTEs. 15,463
(2) Annual Hold Harmless Provision 15,465
In addition to and after the other adjustments noted above, 15,467
in fiscal year 2000 each campus shall have its subsidy adjusted 15,468
to the extent necessary to provide an amount that is not less 15,469
than 100% of the instructional subsidy received by the campus in 15,470
fiscal year 1999. In fiscal year 2001 each campus shall have its 15,472
subsidy adjusted to the extent necessary to provide an amount
that is not less than 100% of the instructional subsidy received 15,473
by the campus in fiscal year 2000. 15,474
(3) Capital Component Deduction 15,476
After all other adjustments have been made, instructional 15,478
subsidy earnings shall be reduced for each campus by the amount, 15,479
if any, by which debt service charged in Am. H.B. 748 of the 15,480
121st General Assembly and Am. Sub. H.B. 850 of the 122nd General 15,481
Assembly for that campus exceeds that campus' capital component 15,482
earnings.
(D) Reductions in Earnings 15,484
If total systemwide instructional subsidy earnings in any 15,486
fiscal year exceed total appropriations available for such 15,487
purposes, the Board of Regents shall proportionately reduce the 15,488
instructional subsidy earnings for all campuses by a uniform 15,489
percentage so that the systemwide sum equals available 15,490
appropriations.
(E) Exceptional Circumstances 15,492
Adjustments may be made to instructional subsidy payments 15,494
and other subsidies distributed by the Ohio Board of Regents to 15,495
state-assisted colleges and universities for exceptional 15,496
circumstances. No adjustments for exceptional circumstances may 15,497
be made without the recommendation of the chancellor and the 15,498
approval of the Controlling Board. 15,499
Distribution of Instructional Subsidy 15,501
The instructional subsidy payments to the institutions 15,503
shall be in substantially equal monthly amounts during the fiscal 15,504
327
year, unless otherwise determined by the Director of Budget and 15,505
Management pursuant to the provisions of section 126.09 of the 15,506
Revised Code. Payments during the first six months of the fiscal 15,507
year shall be based upon the instructional subsidy appropriation 15,508
estimates made for the various institutions of higher education 15,509
according to the Ohio Board of Regents enrollment estimates. 15,510
Payments during the last six months of the fiscal year shall be 15,511
distributed after approval of the Controlling Board upon the 15,512
request of the Ohio Board of Regents. 15,513
Law School Subsidy 15,515
The instructional subsidy to state supported universities 15,517
for students enrolled in law schools in fiscal year 2000 and 15,518
fiscal year 2001 shall be calculated by using the number of 15,519
subsidy eligible full-time equivalent law school students funded 15,520
by state subsidy in fiscal year 1995 or the actual number of 15,521
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 15,522
Section 7.02. Mission-Based Core Funding for Higher 15,524
Education
Jobs Challenge 15,526
Funds appropriated to appropriation item 235-415, Jobs 15,528
Challenge, shall be distributed to state-assisted community and 15,529
technical colleges, regional campuses of state-assisted 15,530
universities, and other organizationally distinct and 15,531
identifiable member campuses of the EnterpriseOhio Network in 15,532
support of noncredit job-related training. In fiscal years 2000 15,534
and 2001, $3,543,864 and $4,000,000, respectively, shall be
distributed to campuses in proportion to each campus' share of 15,536
noncredit job-related training revenues received by all campuses 15,537
for the previous fiscal year. It is the intent of the General 15,538
Assembly that this workforce develoment incentive component of 15,539
the Jobs Challenge Program reward campus noncredit job-related 15,540
training efforts in the same manner that the Research Challenge 15,541
Program rewards campuses for their ability to obtain sponsored 15,542
328
research revenues. 15,543
In fiscal years 2000 and 2001, $2,700,000 and $2,781,000, 15,545
respectively, shall be distributed equally to these same 15,546
EnterpriseOhio Network campuses to fulfill a performance contract 15,547
with the Ohio Board of Regents demonstrating their capability to 15,548
provide accessible and affordable training services to Ohio 15,549
companies, and particularly to improve the business performance 15,550
of smaller firms.
In fiscal years 2000 and 2001, $2,500,000 and $4,198,694, 15,552
respectively, shall be allocated to attract, develop, and retain 15,553
companies strategically important to the state's economy through 15,554
training and assessment services provided by EnterpriseOhio 15,555
Network campuses. These funds shall be used in conjunction with 15,556
funds appropriated to the Department of Development in H.B. 283 15,557
of the 123rd General Assembly for the purpose of attracting, 15,558
developing, and retaining companies strategically important to 15,559
the state's economy. Strategically related industries and 15,560
companies shall be selected by the Ohio Board of Regents and the 15,561
Ohio Department of Development. 15,562
Access Challenge 15,564
In each fiscal year, the foregoing appropriation item 15,566
235-418, Access Challenge, shall be distributed to Ohio's 15,567
state-assisted access colleges and universities in proportion to 15,568
each campus' share of full-time equivalent enrollments at the 15,569
General Studies level as determined in the subsidy calculation 15,570
process in the previous fiscal year. For the purposes of this
allocation, "access campuses" includes state-assisted community 15,571
colleges, state community colleges, technical colleges, Shawnee 15,572
State University, Central State University, Cleveland State 15,573
University, the regional campuses of state-assisted universities, 15,574
and, where they are organizationally distinct and identifiable, 15,576
the community-technical colleges located at the University of
Toledo, the University of Cincinnati, Youngstown State 15,577
University, and the University of Akron. 15,578
329
For the purposes of this calculation, Cleveland State 15,580
University's share of full-time equivalent subsidy-eligible 15,581
General Studies students shall equal its total full-time 15,582
equivalent subsidy-eligible General Studies students multiplied 15,583
by the ratio of the sum of full-time equivalent subsidy-eligible
General Studies students enrolled in the community-technical 15,584
colleges at the University of Toledo, the University of 15,585
Cincinnati, Youngstown State University, and the University of 15,586
Akron divided by the sum of full-time equivalent subsidy-eligible 15,587
General Studies students enrolled at those same four 15,588
universities. However, Cleveland State University shall not
receive less in each year of the 1999-2001 biennium than the 15,589
amount received in fiscal year 1999. 15,590
(A) Of the total appropriation item 235-418, Access 15,592
Challenge, $2,500,000 in fiscal year 2000 and $17,943,665 in 15,594
fiscal year 2001 shall be used solely to restrain the growth of 15,595
or reduce in-state undergraduate tuition and fees. 15,596
(B) Of the remaining appropriation of $32,813,691 in 15,598
fiscal year 2000 and $47,324,335 in fiscal year 2001, 50 per cent 15,599
of all new subsidies received by each campus in each fiscal year 15,600
shall be used in combination with campus shares of the amounts 15,601
determined in paragraph (A) above to restrain the growth of or 15,602
reduce in-state undergraduate tuition and fees. For the purposes 15,603
of this distribution, "new subsidies" in fiscal year 2000 shall 15,604
equal a campus's share of the $32,813,691 allocation for fiscal 15,605
year 2000 minus the campus's share of the $20,000,000 allocation 15,606
distributed for this purpose by the Board of Regents from 15,607
appropriations in Am. Sub. H.B. 215 of the 122nd General 15,608
Assembly. In fiscal year 2001, "new subsidies" shall equal a 15,609
campus's share of the $47,324,335 allocation for fiscal year 2001 15,610
minus the campus's share of the $32,813,691 allocation for fiscal 15,611
year 2000. In both fiscal years, negative differences between 15,612
the current and previous year shall default to zero. 15,613
(C) In each fiscal year, the statewide average fee 15,615
330
restraint or reduction percentage shall be applied uniformly to 15,616
all campuses receiving Access Challenge appropriations according 15,617
to a methodology to be determined by the Board of Regents. The 15,618
approach determined by the Board of Regents shall restrain 15,619
tuition increases to zero per cent in fiscal year 2000 and 15,621
achieve tuition reductions of five per cent in fiscal year 2001. 15,622
Success Challenge 15,624
The foregoing appropriation item 235-420, Success 15,626
Challenge, shall be used by the Ohio Board of Regents to promote 15,627
degree completion by students enrolled at a main campus of a 15,628
state-assisted university. 15,629
In each fiscal year, two-thirds of the appropriations shall 15,631
be distributed to state-assisted university main campuses in 15,632
proportion to each campus' share of the total statewide 15,633
bachelor's degrees granted by university main campuses to
"at-risk" students. In fiscal year 2000 and fiscal year 2001, an 15,634
"at-risk" student shall be defined to mean any undergraduate 15,635
student who had received an Ohio Instructional Grant during the 15,636
past ten years. An eligible institution shall not receive its 15,637
share of this distribution until it has submitted a plan that 15,638
addresses how the subsidy will be used to better serve at-risk 15,639
students and increase their likelihood of successful completion 15,640
of a bachelor's degree program. The Board of Regents shall 15,641
disseminate to all state-supported institutions of higher 15,642
education all such plans submitted by institutions that received 15,643
Success Challenge funds.
In each fiscal year, one-third of the appropriations shall 15,645
be distributed to university main campuses in proportion to each 15,646
campus' share of the total bachelor's degrees granted by 15,647
university main campuses to undergraduate students who completed 15,648
their bachelor's degrees in a "timely manner" in the previous 15,649
fiscal year. For the purposes of this section, "timely manner"
shall mean the normal time it would take for a full-time 15,650
degree-seeking undergraduate student to complete the student's 15,652
331
degree. Generally, for such students pursuing a bachelor's 15,653
degree, "timely manner" shall mean four years. Exceptions to 15,654
this general rule shall be permitted for students enrolled in 15,655
programs specifically designed to be completed in a longer time
period. The Board of Regents shall collect base-line data 15,656
beginning with the 1998-99 academic year to assess the timely 15,657
completion statistics by university main campuses. 15,658
Eminent Scholars Program 15,660
The foregoing appropriation item 235-451, Eminent Scholars, 15,662
shall be used by the Ohio Board of Regents to establish an Ohio 15,664
Eminent Scholars Program, the purpose of which is to invest 15,665
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of 15,666
Ohio's academic programs. Endowment grants of $750,000 to state 15,667
colleges and universities to match endowment gifts from nonstate 15,668
sources may be made in accordance with a plan established by the 15,669
Ohio Board of Regents. Matching gifts in science and technology 15,670
programs shall be $750,000, and in all other program areas, 15,671
$500,000. The grants shall have as their purpose attracting and 15,672
sustaining in Ohio scholar-leaders of national or international 15,673
prominence who will assist the state in one of the following 15,674
three areas: (1) improving the state's economic development; (2) 15,675
strengthening the state's system of K-12 education; or (3) 15,676
improving public health and safety. Such scholar-leaders shall, 15,677
among their duties, share broadly the benefits and knowledge 15,678
unique to their field of scholarship to the betterment of Ohio 15,679
and its people.
Research Challenge 15,681
The foregoing appropriation item 235-454, Research 15,683
Challenge, shall be used to enhance the basic research 15,684
capabilities of public colleges and universities and accredited 15,685
Ohio institutions of higher education holding certificates of 15,686
authorization issued pursuant to section 1713.02 of the Revised 15,687
Code, in order to strengthen the academic research for pursuing 15,688
332
Ohio's economic redevelopment goals. The Ohio Board of Regents, 15,689
in consultation with the colleges and universities, shall 15,690
administer the Research Challenge Program and utilize a means of 15,691
matching, on a fractional basis, external funds attracted in the 15,692
previous year by institutions for basic research. The program 15,693
may include incentives for increasing the amount of external 15,694
research funds coming to such eligible institutions and for 15,695
focusing research efforts upon critical state needs. Colleges 15,696
and universities shall submit for review and approval to the Ohio 15,697
Board of Regents plans for the institutional allocation of state 15,698
dollars received through this program. Such institutional plans 15,699
shall provide the rationale for the allocation in terms of the 15,700
strategic targeting of funds for academic and state purposes, for 15,701
strengthening research programs, and for increasing the amount of 15,702
external research funds, and shall include an evaluation process 15,703
to provide results of the increased support. It is the intent of 15,704
the General Assembly that increases in funding for appropriation 15,705
item 235-454, Research Challenge, in the 1999-2001 biennium, over 15,706
the 1993-1995 biennium levels, be used by campuses as 15,707
unrestricted funding for research, in the same way that 15,708
Instructional Subsidy allocations are used. 15,709
The Ohio Board of Regents shall submit a biennial report of 15,711
progress to the General Assembly. 15,712
Priorities in Graduate Education 15,714
The foregoing appropriation item 235-554, Priorities in 15,716
Graduate Education, shall be used by the Ohio Board of Regents to 15,717
support improvements in graduate programs in computer science at 15,718
state-assisted universities. In each fiscal year, up to $200,000 15,719
may be used to support collaborative efforts in graduate
education in this program area. In fiscal year 2001, $1,000,000 15,720
shall be used by the Board of Regents to support improvements in 15,721
graduate programs in the life sciences at state-assisted 15,722
universities.
Section 7.03. Higher Education--Board of Trustees 15,724
333
Funds appropriated for instructional subsidies at colleges 15,726
and universities may be used to provide such branch or other 15,727
off-campus undergraduate courses of study and such master's 15,728
degree courses of study as may be approved by the Ohio Board of 15,729
Regents. 15,730
In providing instructional and other services to students, 15,732
boards of trustees of state-assisted institutions of higher 15,733
education shall supplement state subsidies by income from charges 15,734
to students. Each board shall establish the fees to be charged 15,735
to all students, including an instructional fee for educational 15,736
and associated operational support of the institution and a
general fee for noninstructional services, including locally 15,737
financed student services facilities used for the benefit of 15,738
enrolled students. The instructional fee and the general fee 15,739
shall encompass all charges for services assessed uniformly to 15,740
all enrolled students. Each board may also establish special 15,741
purpose fees, service charges, and fines as required; such
special purpose fees and service charges shall be for services or 15,742
benefits furnished individual students or specific categories of 15,743
students and shall not be applied uniformly to all enrolled 15,744
students. A tuition surcharge shall be paid by all students who 15,745
are not residents of Ohio.
Boards of trustees of individual state-assisted 15,747
universities shall limit combined university main campus in-state 15,748
undergraduate instructional and general fee increases for an 15,750
academic year over the amounts charged in the prior academic year 15,751
to no more than six per cent. The boards of trustees of 15,752
individual state-assisted universities shall not authorize 15,753
combined university main campus in-state undergraduate
instructional and general fee increases of more than four per 15,756
cent in a single vote. Boards of trustees of individual
state-assisted university branch campuses, community colleges, 15,757
and technical colleges shall limit combined in-state 15,758
undergraduate instructional and general fee increases for an 15,759
334
academic year over the amounts charged in the prior academic year 15,760
to no more than three per cent. These fee increase limitations
apply even if an institutional board of trustees has, prior to 15,761
the effective date of this section, voted to assess a higher fee 15,762
for the 1999-2000 academic year. These limitations shall not 15,763
apply to increases required to comply with institutional 15,764
covenants related to their obligations or to meet unfunded legal 15,765
mandates or legally binding obligations incurred or commitments 15,766
made prior to the effective date of this act with respect to 15,767
which the institution had identified such fee increases as the 15,768
source of funds. Any increase required by such covenants and any 15,769
such mandates, obligations, or commitments shall be reported by 15,770
the Board of Regents to the Controlling Board. These 15,771
limitations may also be modified by the Ohio Board of Regents, 15,772
with the approval of the Controlling Board, to respond to 15,773
exceptional circumstances as identified by the Ohio Board of
Regents. 15,774
The board of trustees of a state-assisted institution of 15,776
higher education shall not authorize a waiver or nonpayment of 15,777
instructional fees nor general fees for any particular student or 15,778
any class of students other than waivers specifically authorized 15,779
by law or approved by the chancellor. This prohibition is not 15,780
intended to limit the authority of boards of trustees to provide 15,781
for payments to students for services rendered the institution, 15,782
nor to prohibit the budgeting of income for staff benefits or for 15,783
student assistance in the form of payment of such instructional 15,784
and general fees. 15,785
Each state-assisted institution of higher education in its 15,787
statement of charges to students shall separately identify the 15,788
instructional fee, the general fee, the tuition charge, and the 15,789
tuition surcharge. Fee charges to students for instruction shall 15,790
not be considered to be a price of service but shall be 15,791
considered to be an integral part of the state government 15,792
financing program in support of higher educational opportunity 15,793
335
for students. 15,794
In providing the appropriations in support of instructional 15,796
services at state-assisted institutions of higher education and 15,797
the appropriations for other instruction it is the intent of the 15,798
General Assembly that faculty members shall devote a proper and 15,799
judicious part of their work week to the actual instruction of 15,800
students. Total class credit hours of production per quarter per 15,801
full-time faculty member is expected to meet the standards set 15,802
forth in the budget data submitted by the Ohio Board of Regents. 15,803
No state-assisted college or university shall contract 15,805
additional debt to finance additional student housing or permit 15,806
the construction of additional student housing on land owned or 15,807
leased by such institution without the approval of the Board of 15,808
Regents. In granting or denying approval, the board shall 15,809
consider demographic projections and established service 15,810
districts, as well as the current strength of enrollment patterns 15,811
throughout the state and in the public and private institutions 15,812
that have historically drawn students from the same markets as 15,813
the institution requesting additional housing. The board shall 15,814
also consider statewide dormitory occupancy patterns and any debt 15,815
burden that would be incurred by the institution. The board 15,816
shall monitor demographic trends and shall recommend that the 15,817
General Assembly modify this section when there is no longer a 15,818
significant risk of future enrollment decline. 15,819
The board shall have no authority to prohibit the 15,821
construction of privately financed housing constructed on land 15,822
that is not owned or leased by the institution, even if the 15,823
institution has entered or intends to enter into some type of 15,824
contractual agreement with the developers or owners of such 15,825
housing. 15,826
The authority of government vested by law in the boards of 15,828
trustees of state-assisted institutions of higher education shall 15,829
in fact be exercised by those boards. Boards of trustees may 15,830
consult extensively with appropriate student and faculty groups. 15,832
336
Administrative decisions about the utilization of available 15,833
resources, about organizational structure, about disciplinary 15,834
procedure, about the operation and staffing of all auxiliary 15,835
facilities, and about administrative personnel shall be the 15,836
exclusive prerogative of boards of trustees. Any delegation of 15,837
authority by a board of trustees in other areas of responsibility 15,838
shall be accompanied by appropriate standards of guidance 15,839
concerning expected objectives in the exercise of such delegated 15,840
authority and shall be accompanied by periodic review of the 15,841
exercise of this delegated authority to the end that the public 15,842
interest, in contrast to any institutional or special interest, 15,843
shall be served.
Section 7.04. Medical School Subsidies 15,845
The foregoing appropriation item 235-515, CWRU School of 15,847
Medicine, shall be disbursed to Case Western Reserve University 15,848
through the Ohio Board of Regents in accordance with agreements 15,849
entered into as provided for by section 3333.10 of the Revised 15,850
Code, provided that the state support per full-time medical 15,851
student shall not exceed that provided to full-time medical 15,852
students at state universities. 15,853
The foregoing appropriation items 235-536, Ohio State 15,855
University Clinical Teaching; 235-537, University of Cincinnati 15,857
Clinical Teaching; 235-538, Medical College of Ohio at Toledo 15,858
Clinical Teaching; 235-539, Wright State University Clinical 15,859
Teaching; 235-540, Ohio University Clinical Teaching; and 15,860
235-541, Northeastern Ohio Universities College of Medicine 15,861
Clinical Teaching, shall be distributed through the Ohio Board of 15,862
Regents.
The foregoing appropriation item 235-572, OSU Clinic 15,864
Support, shall be distributed through the Ohio Board of Regents 15,865
to the Ohio State University for support of dental and veterinary 15,866
medicine clinics. 15,867
The Ohio Board of Regents shall develop plans consistent 15,869
with existing criteria and guidelines as may be required for the 15,870
337
distribution of appropriation items 235-519, Family Practice, 15,871
235-525, Geriatric Medicine, and 235-526, Primary Care 15,872
Residencies. 15,873
Of the foregoing appropriation item 235-539, Wright State 15,875
University Clinical Teaching, $160,000 in each fiscal year shall 15,877
be for the use of Wright State University's Ellis Institute for 15,878
Clinical Teaching Studies to operate the clinical facility to 15,879
serve the Greater Dayton area. 15,880
Performance Standards for Medical Education 15,882
The Ohio Board of Regents, in consultation with the 15,884
state-assisted medical colleges, shall develop performance 15,886
standards for medical education. Special emphasis in the 15,888
standards shall be placed on attempting to ensure that at least 15,889
50 per cent of the aggregate number of students enrolled in 15,890
state-assisted medical colleges continue to enter residency as 15,891
primary care physicians. Primary care physicians are defined as 15,893
general family practice physicians, general internal medicine 15,896
practitioners, and general pediatric care physicians. The Board 15,899
of Regents shall be responsible for monitoring medical school 15,900
performance in relation to their plans for reaching the 50 per 15,901
cent systemwide standard for primary care physicians. 15,902
The foregoing appropriation item 235-526, Primary Care 15,904
Residencies, shall be distributed in each fiscal year of the 15,905
biennium based on whether the institution has submitted and 15,907
gained approval for a plan. If the institution does not have an
approved plan then it shall receive five per cent less funding 15,908
per student than it would have received from its annual 15,909
allocation. The remaining funding shall be distributed among 15,910
those institutions that meet or exceed their targets. 15,911
Area Health Education Centers 15,913
The foregoing appropriation item 235-474, AHEC Program 15,915
Support, shall be used by the Ohio Board of Regents to support 15,916
the medical school regional AHECs' educational programs for the 15,917
continued support of medical and other health professions 15,918
338
education and for support of the Area Health Education Center 15,919
program. 15,920
Of the foregoing appropriation item 235-474, AHEC Program 15,922
Support, $200,000 in each fiscal year shall be disbursed to the 15,923
Ohio University College of Osteopathic Medicine for the 15,924
establishment of a mobile health care unit to serve the 15,925
southeastern area of the state. Of the foregoing appropriation 15,926
item 235-474, AHEC Program Support, $150,000 in each fiscal year 15,927
shall be used to support the Ohio Valley Community Health 15,928
Information Network (OVCHIN) pilot project. 15,929
Section 7.05. Midwest Higher Education Compact 15,931
The foregoing appropriation item 235-408, Midwest Higher 15,933
Education Compact, shall be distributed by the Ohio Board of 15,934
Regents pursuant to section 3333.40 of the Revised Code. 15,935
College Readiness Initiatives 15,937
Appropriation item 235-404, College Readiness Initiatives, 15,939
shall be used by the Board of Regents in support of programs 15,941
designed to improve the ability of high school students to enroll 15,943
and succeed in higher education. These programs shall include, 15,944
but not be limited to, the following: the continued
administration of the Early English Composition Assessment 15,945
portion of the postsecondary readiness testing program, the 15,946
implementation of the State Higher Education Remediation Advisory 15,947
Commission report, and the creation of a statewide outreach 15,948
effort to promote the availability, need, and affordability of a 15,949
college education.
Mathematics and Science Teaching Improvement 15,951
Appropriation item 235-403, Math/Science Teaching 15,953
Improvement, shall be used by the Board of Regents in support of 15,955
programs designed to raise the quality of mathematics and science 15,956
teaching in primary and secondary education. Of these amounts, 15,957
$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 15,958
in fiscal year 2001 shall be reserved for Project Discovery. 15,959
339
Technology 15,961
Appropriation item 235-417, Technology, shall be used by 15,963
the Board of Regents to support the continued implementation of 15,964
the Ohio Learning Network, a statewide electronic collaborative 15,965
effort designed to promote degree completion of students, 15,966
workforce training of employees, and professional development 15,967
through the use of advanced telecommunications and distance
education initiatives. 15,968
Displaced Homemakers 15,970
Of the foregoing appropriation item 235-509, Displaced 15,972
Homemakers, the Ohio Board of Regents shall continue funding 15,973
pilot projects authorized in Am. Sub. H.B. 291 of the 115th 15,974
General Assembly for the following centers: Cuyahoga Community 15,975
College, University of Toledo, Southern State Community College, 15,976
and Stark Technical College. The amount of $30,000 in each 15,977
fiscal year shall be used for the Baldwin-Wallace Single Parents 15,978
Reaching Out for Unassisted Tomorrows program. 15,979
Ohio Aerospace Institute 15,981
The foregoing appropriation item 235-527, Ohio Aerospace 15,983
Institute, shall be distributed by the Ohio Board of Regents 15,984
pursuant to section 3333.042 of the Revised Code. 15,985
Productivity Improvement Challenge 15,987
The foregoing appropriation item 235-455, Productivity 15,989
Improvement Challenge, shall be allocated by the Ohio Board of 15,990
Regents to continue increasing the capabilities of Business and 15,992
Industry Training Centers at Ohio's two-year college and 15,993
university regional campuses to meet the varied training needs of
Ohio enterprises. Funds shall be available for capacity building 15,994
projects and activities developed through the Enterprise Ohio 15,995
Network of Business and Industry Training Centers. The Regents 15,996
Advisory Committee for Workforce Development, in its advisory 15,997
role, shall assist in the development of plans and activities. 15,999
Of the foregoing appropriation item 235-455, Productivity 16,001
Improvement Challenge, $208,000 in each fiscal year shall be used 16,003
340
by the Dayton Business/Sinclair College Jobs Profiling Program.
Access Improvement Projects 16,005
The foregoing appropriation item 235-477, Access 16,007
Improvement Projects, shall be used by the Ohio Board of Regents 16,008
to develop innovative statewide strategies to increase student 16,009
access and retention for specialized populations, and to provide 16,010
for pilot projects that will contribute to improving access to 16,011
higher education by specialized populations. The funds may be 16,012
used for projects that improve access for nonpublic secondary 16,013
students. 16,014
Of the foregoing appropriation item 235-477, Access 16,016
Improvement Projects, $740,000 in each fiscal year shall be 16,017
distributed to the Appalachian Center for Higher Education at 16,018
Shawnee State University. The Board of Directors of the center 16,019
shall be comprised of the presidents of Shawnee State University, 16,020
Ohio University, Belmont Technical College, Hocking Technical 16,021
College, Jefferson Technical College, Muskingum Area Technical 16,022
College, Rio Grande Community College, Southern State Community 16,023
College, Washington State Community College, the dean of either 16,024
the Salem or East Liverpool regional campuses of Kent State 16,025
University, as designated by the President of Kent State 16,026
University, and a representative of the Board of Regents 16,027
designated by the chancellor. 16,028
Ohio Supercomputer Center 16,030
The foregoing appropriation item 235-510, Ohio 16,032
Supercomputer Center, shall be used by the Ohio Board of Regents 16,033
to support the operation of the center, located at The Ohio State 16,034
University, as a statewide resource available to Ohio research 16,036
universities both public and private. It is also intended that 16,037
the center be made accessible to private industry as appropriate. 16,038
Policies of the center shall be established by a governance 16,039
committee, representative of Ohio's research universities and 16,040
private industry, to be appointed by the Chancellor of the Ohio 16,041
Board of Regents and established for this purpose. 16,042
341
Ohio Academic Resources Network (OARNet) 16,044
The foregoing appropriation item 235-556, Ohio Academic 16,046
Resource Network, shall be used to support the operations of the 16,048
Ohio Academic Resources Network, which shall include support for 16,049
Ohio's state-assisted colleges and universities in maintaining
and enhancing network connections. 16,050
Section 7.06. Pledge of Fees* 16,052
Any new pledge of fees, or new agreement for adjustment of 16,054
fees, made in the 1999-2001 biennium to secure bonds or notes of 16,055
a state-assisted institution of higher education for a project 16,056
for which bonds or notes were not outstanding on the effective 16,057
date of this section shall be effective only after approval by 16,058
the Ohio Board of Regents, unless approved in a previous 16,059
biennium.
Rental Payments to the Ohio Public Facilities Commission 16,062
The appropriations to the Ohio Board of Regents from the 16,064
General Revenue Fund for the purposes of division (A) of section 16,065
3333.13 of the Revised Code include the amounts necessary to meet 16,067
all payments at the times required to be made during the period 16,068
from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents 16,069
to the Ohio Public Facilities Commission pursuant to leases and 16,070
agreements made under section 154.21 of the Revised Code, as 16,071
certified under division (C) of section 3333.13 of the Revised 16,072
Code, but limited to the aggregate amount of $743,042,000
provided in appropriation item 235-401, Rental Payments to the 16,073
Ohio Public Facilities Commission. Nothing in this section shall 16,074
be deemed to contravene the obligation of the state to pay, 16,075
without necessity for further appropriation, from the source 16,076
pledged thereto, the bond service charges on obligations issued 16,077
pursuant to section 154.21 of the Revised Code. 16,078
Section 7.07. Ohio Instructional Grants 16,080
Notwithstanding section 3333.12 of the Revised Code, in 16,082
lieu of the tables in that section, instructional grants for all 16,083
full-time students shall be made for fiscal year 2000 using the 16,084
342
tables under this heading. 16,085
The tables under this heading prescribe the maximum grant 16,087
amounts covering two semesters, three quarters, or a comparable 16,088
portion of one academic year. The grant amount for a full-time 16,089
student enrolled in an eligible institution for a semester or 16,090
quarter in addition to the portion of the academic year covered 16,091
by a grant determined under these tables shall be a percentage of 16,092
the maximum prescribed in the applicable table. The maximum 16,093
grant for a fourth quarter shall be one-third of the maximum 16,094
amount prescribed under the table. The maximum grant for a third 16,095
semester shall be one-half of the maximum amount prescribed under 16,096
the table.
For a full-time student who is a dependent and enrolled in 16,099
a nonprofit educational institution that is not a state-assisted 16,100
institution and that has a certificate of authorization issued 16,101
pursuant to Chapter 1713. of the Revised Code, the amount of the 16,102
instructional grant for two semesters, three quarters, or a 16,103
comparable portion of the academic year shall be determined in 16,105
accordance with the following table:
OHIO INSTRUCTIONAL GRANTS 16,106
Private Institution Table of Grants 16,107
Maximum Grant $4,644 16,109
Gross Income Number of Dependents 16,110
1 2 3 4 5 or 16,117
more
Under $12,001 $4,644 $4,644 $4,644 $4,644 $4,644 16,125
$12,001 - $13,000 4,182 4,644 4,644 4,644 4,644 16,131
$13,001 - $14,000 3,708 4,182 4,644 4,644 4,644 16,137
$14,001 - $15,000 3,246 3,708 4,182 4,644 4,644 16,143
$15,001 - $16,000 2,790 3,246 3,708 4,182 4,644 16,149
$16,001 - $17,000 2,328 2,790 3,246 3,708 4,182 16,155
$17,001 - $20,000 1,854 2,328 2,790 3,246 3,708 16,161
$20,001 - $23,000 1,368 1,854 2,328 2,790 3,246 16,167
$23,001 - $26,000 1,146 1,368 1,854 2,328 2,790 16,173
343
$26,001 - $29,000 924 1,146 1,368 1,854 2,328 16,179
$29,001 - $30,000 840 924 1,146 1,368 1,854 16,185
$30,001 - $31,000 756 840 924 1,146 1,368 16,191
$31,001 - $32,000 378 756 840 924 1,146 16,197
$32,001 - $33,000 -0- 378 756 840 924 16,203
$33,001 - $34,000 -0- -0- 378 756 840 16,209
$34,001 - $35,000 -0- -0- -0- 378 756 16,215
$35,001 - $36,000 -0- -0- -0- -0- 378 16,221
Over $36,000 -0- -0- -0- -0- -0- 16,227
For a full-time student who is financially independent and 16,230
enrolled in a nonprofit educational institution that is not a 16,231
state-assisted institution and that has a certificate of 16,232
authorization issued pursuant to Chapter 1713. of the Revised 16,233
Code, the amount of the instructional grant for two semesters, 16,235
three quarters, or a comparable portion of the academic year 16,236
shall be determined in accordance with the following table: 16,237
Private Institution Table of Grants 16,238
Maximum Grant $4,644 16,239
Gross Income Number of Dependents 16,240
0 1 2 3 4 5 or 16,247
more
Under $3,901 $4,644 $4,644 $4,644 $4,644 $4,644 $4,644 16,256
$3,901 - $4,500 4,182 4,644 4,644 4,644 4,644 4,644 16,263
$4,501 - $5,000 3,708 4,182 4,644 4,644 4,644 4,644 16,270
$5,001 - $5,500 3,246 3,708 4,182 4,644 4,644 4,644 16,277
$5,501 - $6,000 2,790 3,246 3,708 4,182 4,644 4,644 16,284
$6,001 - $6,500 2,328 2,790 3,246 3,708 4,182 4,644 16,291
$6,501 - $7,500 1,854 2,328 2,790 3,246 3,708 4,182 16,298
$7,501 - $8,500 1,368 1,854 2,328 2,790 3,246 3,708 16,305
$8,501 - $9,500 1,146 1,368 1,854 2,328 2,790 3,246 16,312
$9,501 - $11,000 924 1,146 1,368 1,854 2,328 2,790 16,319
$11,001 - $12,500 840 924 1,146 1,368 1,854 2,328 16,326
$12,501 - $14,000 756 840 924 1,146 1,368 1,854 16,333
$14,001 - $15,500 378 756 840 924 1,146 1,368 16,340
344
$15,501 - $18,500 -0- 378 756 840 924 1,146 16,347
$18,501 - $21,500 -0- -0- 378 756 840 924 16,354
$21,501 - $24,500 -0- -0- -0- 378 756 840 16,361
$24,501 - $29,200 -0- -0- -0- -0- 378 756 16,368
$29,201 - $33,900 -0- -0- -0- -0- -0- 378 16,375
Over $33,900 -0- -0- -0- -0- -0- -0- 16,382
For a full-time student who is a dependent and enrolled in 16,385
an educational institution that holds a certificate of 16,386
registration from the State Board of Proprietary School 16,387
Registration, the amount of the instructional grant for two 16,389
semesters, three quarters, or a comparable portion of the 16,390
academic year shall be determined in accordance with the
following table: 16,391
Proprietary Institution Table of Grants 16,392
Maximum Grant $3,936 16,394
Gross Income Number of Dependents 16,395
1 2 3 4 5 or 16,403
more
Under $12,001 $3,936 $3,936 $3,936 $3,936 $3,936 16,411
$12,001 - $13,000 3,552 3,936 3,936 3,936 3,936 16,417
$13,001 - $14,000 3,132 3,552 3,936 3,936 3,936 16,423
$14,001 - $15,000 2,742 3,132 3,552 3,936 3,936 16,429
$15,001 - $16,000 2,376 2,742 3,132 3,552 3,936 16,435
$16,001 - $17,000 1,950 2,376 2,742 3,132 3,552 16,441
$17,001 - $20,000 1,578 1,950 2,376 2,742 3,132 16,447
$20,001 - $23,000 1,206 1,578 1,950 2,376 2,742 16,453
$23,001 - $26,000 966 1,206 1,578 1,950 2,376 16,459
$26,001 - $29,000 774 966 1,206 1,578 1,950 16,465
$29,001 - $30,000 726 774 966 1,206 1,578 16,471
$30,001 - $31,000 642 726 774 966 1,206 16,477
$31,001 - $32,000 324 642 726 774 966 16,483
$32,001 - $33,000 -0- 324 642 726 774 16,489
$33,001 - $34,000 -0- -0- 324 642 726 16,495
$34,001 - $35,000 -0- -0- -0- 324 642 16,501
345
$35,001 - $36,000 -0- -0- -0- -0- 324 16,507
Over $36,000 -0- -0- -0- -0- -0- 16,513
For a full-time student who is financially independent and 16,516
enrolled in an educational institution that holds a certificate 16,517
of registration from the State Board of Proprietary School 16,518
Registration, the amount of the instructional grant for two 16,520
semesters, three quarters, or a comparable portion of the
academic year shall be determined in accordance with the 16,521
following table: 16,522
Proprietary Institution Table of Grants 16,523
Maximum Grant $3,936 16,524
Gross Income Number of Dependents 16,525
0 1 2 3 4 5 or 16,532
more
Under $3,901 $3,936 $3,936 $3,936 $3,936 $3,936 $3,936 16,541
$3,901 - $4,500 3,552 3,936 3,936 3,936 3,936 3,936 16,548
$4,501 - $5,000 3,132 3,552 3,936 3,936 3,936 3,936 16,555
$5,001 - $5,500 2,742 3,132 3,552 3,936 3,936 3,936 16,562
$5,501 - $6,000 2,376 2,742 3,132 3,552 3,936 3,936 16,569
$6,001 - $6,500 1,950 2,376 2,742 3,132 3,552 3,936 16,576
$6,501 - $7,500 1,578 1,950 2,376 2,742 3,132 3,552 16,583
$7,501 - $8,500 1,206 1,578 1,950 2,376 2,742 3,132 16,590
$8,501 - $9,500 966 1,206 1,578 1,950 2,376 2,742 16,597
$9,501 - $11,000 774 966 1,206 1,578 1,950 2,376 16,604
$11,001 - $12,500 726 774 966 1,206 1,578 1,950 16,611
$12,501 - $14,000 642 726 774 966 1,206 1,578 16,618
$14,001 - $15,500 324 642 726 774 966 1,206 16,625
$15,501 - $18,500 -0- 324 642 726 774 966 16,632
$18,501 - $21,500 -0- -0- 324 642 726 774 16,639
$21,501 - $24,500 -0- -0- -0- 324 642 726 16,646
$24,501 - $29,200 -0- -0- -0- -0- 324 642 16,653
$29,201 - $33,900 -0- -0- -0- -0- -0- 324 16,660
Over $33,900 -0- -0- -0- -0- -0- -0- 16,667
For a full-time student who is a dependent and enrolled in 16,670
346
a state-assisted educational institution, the amount of the 16,671
instructional grant for two semesters, three quarters, or a 16,673
comparable portion of the academic year shall be determined in 16,674
accordance with the following table: 16,675
Public Institution Table of Grants 16,676
Maximum Grant $1,866 16,677
Gross Income Number of Dependents 16,678
1 2 3 4 5 or 16,684
more
Under $12,001 $1,866 $1,866 $1,866 $1,866 $1,866 16,692
$12,001 - $13,000 1,680 1,866 1,866 1,866 1,866 16,698
$13,001 - $14,000 1,482 1,680 1,866 1,866 1,866 16,704
$14,001 - $15,000 1,314 1,482 1,680 1,866 1,866 16,710
$15,001 - $16,000 1,128 1,314 1,482 1,680 1,866 16,716
$16,001 - $17,000 924 1,128 1,314 1,482 1,680 16,722
$17,001 - $20,000 738 924 1,128 1,314 1,482 16,728
$20,001 - $23,000 558 738 924 1,128 1,314 16,734
$23,001 - $26,000 450 558 738 924 1,128 16,740
$26,001 - $29,000 360 450 558 738 924 16,746
$29,001 - $30,000 336 360 450 558 738 16,752
$30,001 - $31,000 306 336 360 450 558 16,758
$31,001 - $32,000 156 306 336 360 450 16,764
$32,001 - $33,000 -0- 156 306 336 360 16,770
$33,001 - $34,000 -0- -0- 156 306 336 16,776
$34,001 - $35,000 -0- -0- -0- 156 306 16,782
$35,001 - $36,000 -0- -0- -0- -0- 156 16,788
Over $36,000 -0- -0- -0- -0- -0- 16,794
For a full-time student who is financially independent and 16,797
enrolled in a state-assisted educational institution, the amount 16,798
of the instructional grant for two semesters, three quarters, or 16,800
a comparable portion of the academic year shall be determined in 16,802
accordance with the following table:
Public Institution Table of Grants 16,803
Maximum Grant $1,866 16,804
347
Gross Income Number of Dependents 16,805
0 1 2 3 4 5 or 16,813
more
Under $3,901 $1,866 $1,866 $1,866 $1,866 $1,866 $1,866 16,822
$3,901 - $4,500 1,680 1,866 1,866 1,866 1,866 1,866 16,829
$4,501 - $5,000 1,482 1,680 1,866 1,866 1,866 1,866 16,836
$5,001 - $5,500 1,314 1,482 1,680 1,866 1,866 1,866 16,843
$5,501 - $6,000 1,128 1,314 1,482 1,680 1,866 1,866 16,850
$6,001 - $6,500 924 1,128 1,314 1,482 1,680 1,866 16,857
$6,501 - $7,500 738 924 1,128 1,314 1,482 1,680 16,864
$7,501 - $8,500 558 738 924 1,128 1,314 1,482 16,871
$8,501 - $9,500 450 558 738 924 1,128 1,314 16,878
$9,501 - $11,000 360 450 558 738 924 1,128 16,885
$11,001 - $12,500 336 360 450 558 738 924 16,892
$12,501 - $14,000 306 336 360 450 558 738 16,899
$14,001 - $15,500 156 306 336 360 450 558 16,906
$15,501 - $18,500 -0- 156 306 336 360 450 16,913
$18,501 - $21,500 -0- -0- 156 306 336 360 16,920
$21,501 - $24,500 -0- -0- -0- 156 306 336 16,927
$24,501 - $29,200 -0- -0- -0- -0- 156 306 16,934
$29,201 - $33,900 -0- -0- -0- -0- -0- 156 16,941
Over $33,900 -0- -0- -0- -0- -0- -0- 16,948
The foregoing appropriation item, 235-503, Ohio 16,951
Instructional Grants, shall be used to make the payments 16,952
authorized by division (C) of section 3333.26 of the Revised Code 16,953
to the institutions described in that division. In addition, 16,954
this appropriation shall be used to reimburse the institutions 16,955
described in division (B) of section 3333.26 of the Revised Code 16,956
for the cost of the waivers required by that division. 16,957
War Orphans' Scholarships 16,959
The foregoing appropriation item 235-504, War Orphans' 16,961
Scholarships, shall be used to reimburse state-assisted 16,962
institutions of higher education for waivers of instructional 16,963
fees and general fees provided by them, and to provide grants to 16,964
348
institutions that have received a certificate of authorization 16,965
from the Ohio Board of Regents under Chapter 1713. of the Revised 16,966
Code, in accordance with the provisions of section 5910.04 of the 16,967
Revised Code, and to fund additional scholarship benefits 16,968
provided by section 5910.032 of the Revised Code. 16,969
Part-time Student Instructional Grants 16,971
The foregoing appropriation item 235-549, Part-time Student 16,973
Instructional Grants, shall be used to support a grant program 16,974
for part-time undergraduate students who are Ohio residents and 16,975
who are enrolled in degree granting programs. 16,976
Eligibility for participation in the program shall include 16,979
degree granting educational institutions that hold a certificate 16,980
of registration from the State Board of Proprietary School 16,981
Registration, and nonprofit institutions that have a certificate 16,982
of authorization issued pursuant to Chapter 1713. of the Revised 16,983
Code, as well as state-assisted colleges and universities. 16,984
Grants shall be given to students on the basis of need, as 16,985
determined by the college, which will, in making these
determinations, give special consideration to single-parent 16,986
heads-of-household and displaced homemakers who enroll in an 16,987
educational degree program that prepares the individual for a 16,988
career. In determining need, the college also shall consider the 16,989
availability of educational assistance from a student's employer. 16,991
It is the intent of the General Assembly that these grants not 16,992
supplant such assistance.
Section 7.08. Capitol Scholarship Programs 16,994
The foregoing appropriation item 235-518, Capitol 16,996
Scholarship Programs, shall be used to provide one hundred 16,997
scholarships in each fiscal year in the amount of $2,000 each for 16,999
students enrolled in Ohio's public and private institutions of
higher education to participate in the Washington Center 17,000
Internship Program. The scholarships shall be matched by the 17,001
Washington Center's scholarship funds. 17,002
Student Choice Grants 17,004
349
The foregoing appropriation item 235-531, Student Choice 17,006
Grants, shall be used to support the Student Choice Grant Program 17,007
created by section 3333.27 of the Revised Code. 17,008
Academic Scholarships 17,010
Notwithstanding the provision in section 3333.22 of the 17,012
Revised Code requiring the annual amount of a scholarship for a 17,013
scholar to be $2,000, in lieu of that amount the annual 17,014
scholarship amount awarded to any scholar who received a 17,015
scholarship for the 1994-1995 academic year shall be $1,000 for 17,016
any academic year for which the scholar is eligible for a 17,017
scholarship under section 3333.22 of the Revised Code. 17,018
Physician Loan Repayment 17,020
The foregoing appropriation item 235-604, Physician Loan 17,022
Repayment, shall be used in accordance with sections 3702.71 to 17,024
3702.81 of the Revised Code.
Nursing Loan Program 17,026
The foregoing appropriation item 235-606, Nursing Loan 17,028
Program, shall be used to administer the nurse education 17,029
assistance program. Up to $148,000 in fiscal year 2000 and 17,030
$152,000 in fiscal year 2001 may be used for operating expenses 17,031
associated with the program. Any additional funds needed for the 17,032
administration of the program are subject to Controlling Board 17,033
approval. 17,034
Section 7.09. Cooperative Extension Service 17,036
Of the foregoing appropriation item 235-511, Cooperative 17,038
Extension Service, $210,000 in each fiscal year shall be used for 17,040
additional staffing for county agents for expanded 4-H 17,041
activities. Of the foregoing appropriation item 235-511, 17,042
Cooperative Extension Service, $210,000 in each fiscal year shall 17,044
be used by the Cooperative Extension Service, through the
Enterprise Center for Economic Development in cooperation with 17,045
other agencies, for a public-private effort to create and operate 17,046
a small business economic development program to enhance the 17,047
development of alternatives to the growing of tobacco, and 17,048
350
implement through applied research and demonstration, the 17,049
production and marketing of other high value crops and 17,050
value-added products. Of the foregoing appropriation item 17,051
235-511, Cooperative Extension Service, $65,000 in each fiscal 17,052
year shall be used for farm labor mediation and education 17,053
programs. Of the foregoing appropriation item 235-511, 17,054
Cooperative Extension Service, $215,000 in each fiscal year shall 17,055
be used to support the Ohio State University Marion Enterprise 17,056
Center.
Of the foregoing appropriation item 235-511, Cooperative 17,058
Extension Service, $680,000 in fiscal year 2000 and $910,500 in 17,059
fiscal year 2001 shall be used to support the Ohio Watersheds 17,060
Initiative.
Agricultural Research and Development Center 17,062
Of the foregoing appropriation item 235-535, Agricultural 17,064
Research and Development Center, $950,000 in each fiscal year 17,065
shall be distributed to the Piketon Agricultural Research and 17,067
Extension Center.
Of the foregoing appropriation item 235-535, Agricultural 17,069
Research and Development Center, $250,000 in each fiscal year 17,070
shall be distributed to the Raspberry/Strawberry-Ellagic Acid 17,071
Research program at the Ohio State University Medical College in 17,072
cooperation with the Ohio State University College of 17,073
Agriculture.
Of the foregoing appropriation item 235-535, Agricultural 17,075
Research and Development Center, $100,000 in each fiscal year 17,076
shall be used for the development of agricultural crops and 17,077
products not currently in widespread production in Ohio, in order 17,078
to increase the income and viability of family farmers. 17,079
Cooperative Extension Service and Agricultural Research and 17,082
Development Center
The foregoing appropriation items 235-511, Cooperative 17,084
Extension Service, and 235-535, Agricultural Research and 17,085
Development Center, shall be disbursed through the Ohio Board of 17,086
351
Regents to the Ohio State University in monthly payments, unless 17,087
otherwise determined by the Director of Budget and Management 17,088
pursuant to the provisions of section 126.09 of the Revised Code. 17,090
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $540,000 in each fiscal year 17,091
shall be used to purchase equipment. 17,092
The Ohio Agricultural Research and Development Center shall 17,094
not be required to remit payment to The Ohio State University 17,095
during the 1999-2001 biennium for cost reallocation assessments. 17,097
The cost reallocation assessments include, but are not limited 17,098
to, any assessment on state appropriations to the center. 17,099
Section 7.10. Sea Grants 17,101
The foregoing appropriation item 235-402, Sea Grants, shall 17,103
be disbursed to The Ohio State University. The funds from this 17,104
appropriation item shall be used to conduct research on fish in 17,105
Lake Erie.
Information System 17,107
The foregoing appropriation item 235-409, Information 17,109
System, shall be used by the Board of Regents to revise the 17,110
higher education data system known as the Uniform Information 17,111
System.
Student Services 17,113
The foregoing appropriation item 235-502, Student Support 17,115
Services, shall be distributed by the Board of Regents to Ohio's 17,116
state-assisted colleges and universities that incur 17,117
disproportionate costs in the provision of support services to 17,118
disabled students.
Shawnee State Supplement 17,120
The foregoing appropriation item 235-520, Shawnee State 17,122
Supplement, shall be used by Shawnee State University as detailed 17,123
by both of the following: 17,124
(A) To allow Shawnee State University to keep its 17,126
undergraduate fees below the statewide average, consistent with 17,127
its mission of service to an economically depressed Appalachian 17,128
352
region;
(B) To allow Shawnee State University to employ new 17,130
faculty to develop and teach in new degree programs that meet the 17,131
needs of Appalachians.
Police and Fire Protection 17,133
The foregoing appropriation item 235-524, Police and Fire 17,135
Protection, shall be used for police and fire services in the 17,136
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 17,137
Portsmouth, Xenia Township (Greene County), and Rootstown 17,138
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of 17,139
the state-affiliated university located therein. Each 17,140
participating municipality and township shall receive at least 17,141
five thousand dollars per year. Funds shall be distributed by 17,142
the Ohio Board of Regents.
School of International Business 17,144
Of the foregoing appropriation item 235-547, School of 17,146
International Business, $1,243,637 in each fiscal year shall be 17,147
used for the continued development and support of the School of 17,148
International Business of the state universities of northeast 17,149
Ohio. The money shall go to the University of Akron. These 17,150
funds shall be used by the university to establish a School of 17,151
International Business located at the University of Akron. It 17,152
may confer with the Kent State University, Youngstown State 17,153
University, and Cleveland State University as to the curriculum 17,154
and other matters regarding the school.
Of the foregoing appropriation item 235-547, School of 17,156
International Business, $250,000 in each fiscal year shall be 17,157
used to support the University of Toledo School of Business. 17,158
Capital Component 17,160
The foregoing appropriation item 235-552, Capital 17,162
Component, shall be used by the Ohio Board of Regents to 17,163
implement the capital funding policy for state-assisted colleges 17,164
and universities established in Am. H.B. 748 of the 121st General 17,165
353
Assembly. Appropriations from this item shall be distributed to
all campuses for which the estimated campus debt service 17,166
attributable to new qualifying capital projects is less than the 17,168
campus' formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated 17,169
campus debt service attributable to new qualifying capital 17,170
projects from campus formula-determined capital component 17,171
allocation. Moneys distributed from this appropriation item 17,172
shall be restricted to capital-related purposes. 17,173
Dayton Area Graduate Studies Institute 17,175
The foregoing appropriation item 235-553, Dayton Area 17,177
Graduate Studies Institute, shall be used by the Ohio Board of 17,178
Regents to support the Dayton Area Graduate Studies Institute, an 17,179
engineering graduate consortium of three universities in the 17,180
Dayton area - Wright State University, The University of Dayton, 17,181
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and The Ohio State 17,182
University.
Long-Term Care Research 17,184
The foregoing appropriation item 235-558, Long-term Care 17,186
Research, shall be disbursed to Miami University for long-term 17,187
care research.
BGSU Canadian Studies Center 17,189
The foregoing appropriation item 235-561, BGSU Canadian 17,191
Studies Center, shall be used by the Canadian Studies Center at 17,192
Bowling Green State University to study opportunities for Ohio 17,194
and Ohio businesses to benefit from the Free Trade Agreement 17,195
between the United States and Canada.
Urban University Programs 17,197
Of the foregoing appropriation item 235-583, Urban 17,199
University Programs, universities receiving funds which are used 17,201
to support an ongoing university unit must certify periodically 17,202
in a manner approved by the Ohio Board of Regents that program 17,203
funds are being matched on a one-to-one basis with equivalent 17,204
354
resources. Overhead support may not be used to meet this 17,205
requirement. Where Urban University Program funds are being used 17,206
to support an ongoing university unit, matching funds must come 17,207
from continuing rather than one-time sources. At each 17,208
participating state-assisted institution of higher education, 17,209
matching funds must be within the substantial control of the 17,210
individual designated by the institution's president as the Urban 17,211
University Program representative. 17,212
Of the foregoing appropriation item 235-583, Urban 17,214
University Programs, $380,000 in each fiscal year shall be used 17,215
to support a public communication outreach program (WCPN). The 17,217
primary purpose of the program shall be to develop a relationship 17,218
between Cleveland State University and nonprofit communications
entities. 17,219
Of the foregoing appropriation item 235-583, Urban 17,221
University Programs, $180,000 in each fiscal year shall be used 17,222
to support the Center for the Interdisciplinary Study of 17,223
Education and the Urban Child at Cleveland State University. 17,225
These funds shall be distributed according to rules adopted by 17,226
the Ohio Board of Regents and shall be used by the center for 17,227
interdisciplinary activities targeted toward increasing the 17,228
chance of lifetime success of the urban child, including 17,229
interventions beginning with the prenatal period. The primary 17,230
purpose of the center is to study issues in urban education and 17,231
to systematically map directions for new approaches and new 17,232
solutions by bringing together a cadre of researchers, scholars, 17,233
and professionals representing the social, behavioral, education, 17,234
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 17,237
University Programs, $260,000 in each fiscal year shall be used 17,238
to support the Kent State University Learning and Technology 17,239
Project. This project is a kindergarten through university 17,240
collaboration between schools surrounding Kent's eight campuses 17,241
in northeast Ohio, and corporate partners who will assist in 17,242
355
development and delivery. 17,243
The Kent State University Project shall provide a faculty 17,245
member who has a full-time role in the development of 17,246
collaborative activities and teacher instructional programming 17,247
between Kent and the K-12th grade schools that surround its eight 17,248
campuses; appropriate student support staff to facilitate these 17,249
programs and joint activities; and hardware and software to 17,250
schools that will make possible the delivery of instruction to 17,251
pre-service and in-service teachers, and their students, in their 17,252
own classrooms or school buildings. This shall involve the 17,253
delivery of low-bandwidth streaming video and web-based 17,254
technologies in a distributed instructional model. 17,255
Of the foregoing appropriation item 235-583, Urban 17,257
University Programs, $100,000 in each fiscal year shall be used 17,258
to support the Ameritech Classroom/Center for Research at Kent 17,259
State University. 17,260
Of the foregoing appropriation item 235-583, Urban 17,262
University Programs, $50,000 in each fiscal year shall be used to 17,263
support the Cleveland Urban Design Collaborative. 17,264
Of the foregoing appropriation item 235-583, Urban 17,266
University Programs, $150,000 in each fiscal year shall be used 17,267
to support the Polymer Distance Learning Project at the 17,268
University of Akron.
Of the foregoing appropriation item 235-583, Urban 17,270
University Programs, $50,000 in fiscal year 2000 shall be used to 17,271
support general arts programming at the University of Akron. 17,272
Of the foregoing appropriation item 235-583, Urban 17,274
University Programs, $50,000 in each fiscal year shall be 17,275
distributed to the Kent State University/Cleveland Design Center 17,276
program.
Of the remainder of the appropriation, 50 per cent of the 17,278
total in each fiscal year shall be distributed by the Ohio Board 17,279
of Regents to Cleveland State University in support of the Urban 17,280
Center of the College of Urban Affairs. The balance of the 17,281
356
appropriation shall be distributed to the Northeast Ohio 17,283
Interinstitutional Research Program, the Urban Linkages Program, 17,284
and the Urban Research Technical Assistance Grant Program. 17,285
International Center for Water Resources Development 17,287
The foregoing appropriation item 235-595, International 17,289
Center for Water Resources Development, shall be used to support 17,290
the International Center for Water Resources Development at 17,291
Central State University. This center shall develop methods to 17,292
improve the management of water resources for Ohio and for 17,293
emerging nations.
Rural University Projects 17,295
Of the foregoing appropriation item 235-587, Rural 17,297
University Projects, Bowling Green State University shall receive 17,298
$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. 17,299
Miami University shall receive $323,365 in fiscal year 2000 and 17,300
$331,125 in fiscal year 2001. Ohio University shall receive 17,301
$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.
These funds shall be used to support the Institute for Local 17,303
Government Administration and Rural Development at Ohio
University, the Center for Public Management and Regional Affairs 17,304
at Miami University, and the public administration program at 17,305
Bowling Green State University. 17,306
Of the foregoing appropriation item 235-587, Rural 17,308
University Projects, $25,000 in each fiscal year shall be used to 17,309
support the Washington State Community College day care center. 17,310
Of the foregoing appropriation item 235-587, Rural 17,312
University Projects, $75,000 in fiscal year 2001 shall be used to 17,313
support the COAD/ILGARD/GOA Appalachian Leadership Initiative. 17,314
A small portion of the funds provided to Ohio University 17,317
shall be used to establish a satellite office of the Institute 17,318
for Local Government Administration and Rural Development at 17,319
Shawnee State University. A small portion of the funds provided 17,320
to Ohio University shall also be used for the Institute for Local 17,321
Government Administration and Rural Development State and Rural 17,322
357
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 17,323
Ohio Resource Center for Math, Science, and Reading 17,325
The foregoing appropriation item 235-588, Ohio Resource 17,327
Center for Math, Science, and Reading, shall be used to support a 17,328
resource center for mathematics, science, and reading to be 17,329
located at a state-assisted university for the purpose of 17,330
identifying best educational practices in primary and secondary 17,331
schools and establishing methods for communicating them to
colleges of education and school districts. 17,332
Prior to December 31, 1999, the Governor, the 17,334
Superintendent of Public Instruction, and the Chancellor of the 17,335
Ohio Board of Regents shall conduct a search for the best 17,336
location for the establishment of the Ohio Resource Center for 17,337
Mathematics, Science, and Reading. The location selected shall
be on the campus of one of the state universities named in 17,338
section 3345.011 of the Revised Code. The university selected 17,339
shall be chosen on a competitive basis from among those 17,340
universities that apply to the Board of Regents.
Hazardous Materials Program 17,342
The foregoing appropriation item 235-596, Hazardous 17,344
Materials Program, shall be disbursed to Cleveland State 17,345
University for the operation of a program to certify firefighters 17,346
for the handling of hazardous materials. Training shall be 17,347
available to all Ohio firefighters.
National Guard Tuition Grant Program 17,349
The Board of Regents shall disburse funds from 17,351
appropriation item 235-599, National Guard Tuition Grant Program, 17,352
at the direction of the Adjutant General. 17,353
Ohio Higher Educational Facility Commission Support 17,355
The foregoing appropriation item 235-602, HEFC 17,357
Administration, shall be used by the Board of Regents for 17,358
operating expenses related to the Board of Regents' support of 17,359
the activities of the Ohio Higher Educational Facility 17,360
358
Commission. Upon the request of the chancellor, the Director of 17,361
Budget and Management shall transfer up to $12,000 cash from Fund 17,362
461 to Fund 4E8 in each fiscal year of the biennium. 17,363
Reading Recovery Program* 17,365
Notwithstanding section 3319.23 of the Revised Code, all 17,367
state-assisted colleges and universities with teacher education 17,368
programs shall provide instruction in the Reading Recovery 17,369
Program. 17,370
Section 7.11. Repayment of Research Facility Investment 17,372
Fund Moneys
Notwithstanding any provision of law to the contrary, all 17,374
repayments of Research Facility Investment Fund loans shall be 17,375
made to the Bond Service Trust Fund. All Research Facility 17,377
Investment Fund loan repayments made prior to the effective date 17,378
of this section shall be transferred by the Director of Budget
and Management to the Bond Service Trust Fund within sixty days 17,380
of the effective date of this section. 17,381
Campuses are required to make timely repayments of Research 17,383
Facility Investment Fund loans, according to the schedule 17,384
established by the Board of Regents. In the case of late 17,385
payments, the Board of Regents is authorized to deduct from an 17,386
institution's periodic subsidy distribution an amount equal to
the amount of the overdue payment for that institution, transfer 17,387
such amount to the Bond Service Trust Fund, and credit the 17,388
appropriate institution for the repayment. 17,389
Veterans' Preference 17,391
The Board of Regents shall work with the Governor's Office 17,393
of Veterans' Affairs to develop specific veterans' preference 17,394
guidelines for higher education institutions. These guidelines 17,395
shall ensure that the institutions' hiring practices are in 17,396
accordance with the intent of Ohio's veterans' preference laws. 17,397
Section 7.12. Central State University 17,399
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, 17,401
and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio 17,402
359
Administrative Code, Central State University shall adhere to the 17,403
following fiscal standards:
(1) Maintenance of a balanced budget and filing of 17,405
quarterly reports on an annualized budget with the Board of 17,406
Regents, comparing the budget to actual spending and revenues 17,407
with projected expenditures and revenues for the remainder of the 17,408
year. Such reports shall include narrative explanations as
appropriate and be filed within 30 days of the end of the 17,409
quarter.
(2) Timely and accurate assessment of the current and 17,411
projected cash flow of university funds, by fund type; 17,412
(3) Timely reconciliation of all university cash and 17,414
general ledger accounts, by fund; 17,415
(4) Submission to the Auditor of State financial 17,417
statements consistent with audit requirements prescribed by the 17,418
Auditor of State within four months after the end of the fiscal 17,419
year.
The Director of Budget and Management shall provide 17,421
clarification to the university on these fiscal standards as 17,422
deemed necessary. The director may also take such actions as are 17,423
necessary to ensure that the university adheres to these 17,424
standards and other fiscal standards consistent with generally
accepted accounting principles and the requirements of external 17,425
entities providing funding to the university. Such actions may 17,426
include the appointment of a financial consultant to assist 17,427
Central State University in the continuous process of design and 17,428
implementation of responsible systems of financial management and 17,429
accounting.
(B) The director's fiscal oversight shall continue until 17,431
such time as the university meets the same criteria as those 17,432
created in 126:3-1-01(F) of the Ohio Administrative Code for the 17,434
termination of a fiscal watch. At that time Central State 17,435
University shall be relieved of the requirements of this section
and subject to the requirements of sections 3345.72, 3345.74, 17,436
360
3345.75, and 3345.76 of the Revised Code. 17,437
Section 7.13. Technical College District Refinancing of 17,439
Leases for Housing and Dining Facilities 17,440
Notwithstanding section 3357.112 of the Revised Code, a 17,442
technical college district established under Chapter 3357. of the 17,443
Revised Code that is the lessee of housing and dining facilities 17,444
under a lease entered into prior to September 17, 1996, may enter 17,445
into an amendment to that lease and may acquire, by purchase, 17,446
lease-purchase, lease with option to purchase, or otherwise, 17,447
those housing and dining facilities that are the subject of that 17,448
lease. To pay all or part of the costs of acquiring those 17,449
housing and dining facilities, and to refund obligations 17,450
previously issued for such purpose, a technical college district 17,451
may issue obligations in the manner provided by and subject to 17,452
the applicable provisions of section 3345.12 of the Revised Code 17,453
and Sections 99.03 and 99.06 of Am. Sub. H.B. 215 of the 122nd 17,454
General Assembly.
Section 7.14. Non-Profit Research Capital Support 17,456
Notwithstanding Section 30.06 of H.B. 850 of the 122nd 17,458
General Assembly, of the appropriation item CAP-063, Non-Profit 17,459
Research Capital Support, $6,300,000 shall be assigned to 17,460
Cleveland State University to be used to award a grant to a 17,461
capital project at the Cleveland Clinic Foundation to advance 17,462
biomedical research. 17,463
Section 8. OSB OHIO STATE SCHOOL FOR THE BLIND 17,465
General Revenue Fund 17,467
GRF 226-100 Personal Services $ 5,540,996 $ 5,631,645 17,472
GRF 226-200 Maintenance $ 676,533 $ 714,732 17,476
GRF 226-300 Equipment $ 69,534 $ 101,203 17,480
TOTAL GRF General Revenue Fund $ 6,287,063 $ 6,447,580 17,483
General Services Fund Group 17,485
4H8 226-602 Education Reform 17,488
Grants $ 29,900 $ 29,900 17,490
TOTAL GSF General Services 17,491
361
Fund Group $ 29,900 $ 29,900 17,494
State Special Revenue Fund Group 17,496
4M5 226-601 Work Study & 17,499
Technology
Investments $ 40,083 $ 40,924 17,501
TOTAL SSR State Special Revenue 17,502
Fund Group $ 40,083 $ 40,924 17,505
Federal Special Revenue Fund Group 17,507
3P5 226-643 Medicaid Professional 17,510
Services
Reimbursement $ 125,000 $ 125,000 17,512
310 226-626 Coordinating Unit $ 1,173,036 $ 1,195,850 17,516
TOTAL FED Federal Special 17,517
Revenue Fund Group $ 1,298,036 $ 1,320,850 17,520
TOTAL ALL BUDGET FUND GROUPS $ 7,655,082 $ 7,839,254 17,523
Maintenance 17,526
Of the foregoing appropriation item 226-200, Maintenance, 17,528
up to $21,962 in fiscal year 2001 shall be used to purchase 17,529
Braille and large-print textbooks in the areas of reading, 17,530
mathematics, and spelling for grades kindergarten through six. 17,531
Equipment 17,533
Of the foregoing appropriation item 226-300, Equipment, 17,535
$30,000 in fiscal year 2001 shall be used to purchase a van 17,536
equipped with a hydraulic lift for wheelchairs. 17,537
Section 9. OSD OHIO STATE SCHOOL FOR THE DEAF 17,539
General Revenue Fund 17,541
GRF 221-100 Personal Services $ 6,928,679 $ 7,132,058 17,546
GRF 221-200 Maintenance $ 944,938 $ 998,596 17,550
GRF 221-300 Equipment $ 180,715 $ 190,975 17,554
TOTAL GRF General Revenue Fund $ 8,054,332 $ 8,321,629 17,557
General Services Fund Group 17,559
4M1 221-602 Education Reform 17,562
Grants $ 64,867 $ 65,210 17,564
TOTAL GSF General Services 17,565
362
Fund Group $ 64,867 $ 65,210 17,568
State Special Revenue Fund Group 17,570
4M0 221-601 Educational Program 17,573
Expenses $ 16,890 $ 17,363 17,575
TOTAL SSR State Special Revenue 17,576
Fund Group $ 16,890 $ 17,363 17,579
Federal Special Revenue Fund Group 17,581
3R0 221-684 Medicaid Professional 17,584
Services
Reimbursement $ 80,000 $ 82,240 17,586
311 221-625 Coordinating Unit $ 848,780 $ 871,271 17,590
TOTAL FED Federal Special 17,591
Revenue Fund Group $ 928,780 $ 953,511 17,594
TOTAL ALL BUDGET FUND GROUPS $ 9,064,869 $ 9,357,713 17,597
Maintenance 17,600
Of the foregoing appropriation item 221-200, Maintenance, 17,602
$30,979 in fiscal year 2001 shall be used to renovate classrooms. 17,603
Equipment 17,605
Of the foregoing appropriation item 221-300, Equipment, 17,607
$5,923 in fiscal year 2001 shall be used to purchase security 17,608
equipment, including steel doors, computerized locks, and 17,609
television surveillance equipment.
Section 10. SFC SCHOOL FACILITIES COMMISSION 17,611
General Revenue Fund 17,613
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 17,618
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 17,621
State Special Revenue Fund Group 17,624
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 17,629
TOTAL SSR State Special Revenue 17,630
Fund Group $ 2,609,726 $ 2,738,277 17,633
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 17,636
Lease Rental Payments 17,639
The foregoing appropriation item 230-428, Lease Rental 17,641
Payments, shall be used by the School Facilities Commission to 17,642
363
pay bond service charges on obligations issued pursuant to 17,643
Chapter 3318. of the Revised Code.
Operating Expenses 17,645
The foregoing appropriation item 230-644, Operating 17,647
Expenses, shall be used by the Ohio School Facilities Commission 17,648
to carry out its responsibilities pursuant to this section and 17,649
Chapter 3318. of the Revised Code. 17,650
Within ten days after the effective date of this section, 17,652
or as soon as possible thereafter, the Executive Director of the 17,653
Ohio School Facilities Commission shall certify to the Director 17,654
of Budget and Management the amount of cash to be transferred 17,655
from the School Building Assistance Fund (Fund 032) or the Public 17,656
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 17,657
By July 10, 2000, the Executive Director of the Ohio School 17,659
Facilities Commission shall certify to the Director of Budget and 17,660
Management the amount of cash to be transferred from the School 17,661
Building Assistance Fund (Fund 032) or the Public School Building 17,662
Fund (Fund 021) to the Ohio School Facilities Commission Fund 17,663
(Fund 5E3).
Prior Year Encumbrances 17,665
At the request of the Director of the Ohio School 17,667
Facilities Commission, the Director of Budget and Management may 17,668
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 17,669
School Building Program Assistance, and reestablish such 17,670
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 17,671
CAP-622 shall not be increased as a result of reestablishing such 17,672
encumbrances. An amount equal to the canceled encumbrances in 17,673
CAP-770 shall be appropriated to CAP-775. 17,674
Disability Access Projects 17,676
The unencumbered and unallotted balances as of June 30, 17,678
1999, in appropriation item 230-649, Disability Access Project, 17,679
are hereby reappropriated. The unencumbered and unallotted 17,681
364
balances of the appropriation at the end of fiscal year 2000 are 17,682
hereby reappropriated in fiscal year 2001 to fund capital 17,683
projects pursuant to this section. 17,684
(A) As used in this section: 17,686
(1) "Percentile" means the percentile in which a school 17,688
district is ranked according to the fiscal year 1998 ranking of 17,689
school districts with regard to income and property wealth under 17,690
division (B) of section 3318.011 of the Revised Code. 17,691
(2) "School district" means a city, local, or exempted 17,693
village school district, but excluding a school district that is 17,694
one of the state's 21 urban school districts as defined in 17,695
division (O) of section 3317.02 of the Revised Code, as that 17,696
section existed prior to July 1, 1998. 17,697
(3) "Valuation per pupil" means a district's total taxable 17,700
value as defined in section 3317.02 of the Revised Code divided 17,701
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 17,702
1, 1998.
(B) The School Facilities Commission shall adopt rules for 17,704
awarding grants to school districts with a valuation per pupil of 17,706
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 17,707
which is to improve access to such facilities by physically 17,708
handicapped persons. The rules shall include application 17,709
procedures. No school district shall be awarded a grant under 17,710
this section in excess of $100,000. In addition, any school 17,711
district shall be required to pay a percentage of the cost of the 17,712
project for which the grant is being awarded equal to the 17,713
percentile in which the district is ranked. 17,714
Section 10.01. Short-Term Loans 17,716
The School Facilities Commission may make loans to school 17,718
districts for a period of up to three years for emergency 17,719
replacement of school facilities as a result of faulty 17,720
construction and for which the school district is engaged in 17,721
365
legal action with the contractor. The interest rate of any loan 17,722
issued under this section shall be determined by the School 17,723
Facilities Commission and any interest gained under any 17,724
settlement regarding faulty construction shall be received by the 17,725
commission. No moneys provided in the form of short term loans 17,726
may be used to support the legal fees of the school district. 17,727
Section 10.02. Extreme Environmental Contamination of 17,729
School Facilities 17,730
Notwithstanding the provisions of Section 26 of Am. Sub. 17,732
H.B. 850 of the 122nd General Assembly regarding eligibility for 17,733
the Exceptional Needs Pilot Program, the School Facilities 17,735
Commission may provide assistance to any school district and not 17,736
exclusively a school district in the lowest 50 per cent of 17,737
adjusted valuation per pupil on the fiscal year 1999 ranking of 17,738
school districts established pursuant to section 3317.02 of the 17,739
Revised Code, for the purpose of the relocation or replacement of 17,740
school facilities required as a result of extreme environmental 17,741
contamination. In order to provide assistance as a result of 17,742
extreme environmental contamination, the necessity of relocation 17,743
or replacement of school facilities shall be certified by the 17,744
Environmental Protection Agency.
Section 11. NET OHIO SCHOOLNET COMMISSION 17,746
General Revenue Fund 17,748
GRF 228-404 Operating Expenses $ 5,703,175 $ 5,483,910 17,753
GRF 228-406 Technical & 17,755
Instructional
Professional
Development $ 12,408,453 $ 12,706,256 17,757
GRF 228-539 Education Technology $ 6,707,421 $ 6,733,475 17,761
GRF 228-559 RISE - Interactive 17,763
Parenting Program $ 1,200,000 $ 1,200,000 17,765
Total GRF General Revenue Fund $ 26,019,049 $ 26,123,641 17,768
General Services Fund Group 17,770
366
5D4 228-640 Conference/Special 17,773
Purpose Expenses $ 500,000 $ 500,000 17,775
TOTAL GSF General Services 17,776
Fund Group $ 500,000 $ 500,000 17,779
State Special Revenue Fund Group 17,782
4W9 228-630 Ohio SchoolNet 17,785
Telecommunity Fund $ 3,389,447 $ 52,813 17,787
4X1 228-634 Distance Learning $ 3,174,718 $ 3,263,413 17,791
4Y4 228-698 SchoolNet Plus $ 90,000,000 $ 0 17,795
TOTAL SSR State Special Revenue 17,796
Fund Group $ 96,564,165 $ 3,316,226 17,799
Federal Special Revenue Fund Group 17,802
3S3 228-655 Technology Literacy 17,805
Challenge $ 16,650,418 $ 16,650,418 17,807
TOTAL FED Federal Special Revenue 17,808
Fund Group $ 16,650,418 $ 16,650,418 17,811
TOTAL ALL BUDGET FUND GROUPS $ 139,733,632 $ 46,590,285 17,814
SchoolNet Plus Program 17,817
(A) The foregoing appropriation item 228-698, SchoolNet 17,819
Plus, shall be used as follows: 17,820
(1) Up to $20,000,000 to purchase network 17,822
telecommunications equipment for each public elementary school 17,823
building in Ohio to provide classroom and building access to 17,824
existing and potential statewide voice, video, and data
telecommunication services. As used in this section, "public 17,826
elementary school building" means an elementary school building 17,827
of any city, local, or exempted village school district or any 17,828
community school established under Chapter 3314. of the Revised 17,829
Code. The Ohio SchoolNet Commission, in consultation with the 17,831
Department of Education and the Ohio Education Computer Network,
shall define the standards and equipment configurations necessary 17,832
to maximize the efficient use of the existing and potential 17,833
statewide voice, video, and data telecommunication services. 17,834
(2) Up to $70,000,000 to establish and equip at least one 17,836
367
interactive computer workstation for each five children enrolled 17,837
in the fifth grade based on the number of children each 17,838
qualifying school district has enrolled in the fifth grade as 17,839
reported in October 1999 pursuant to division (A) of section
3317.03 of the Revised Code. 17,840
To the extent the Ohio SchoolNet Commission can reduce the 17,842
purchase cost of an interactive computer workstation through 17,843
efficient purchasing methods, the commission may utilize any cost 17,844
savings to begin a subsequent round of funding to provide 17,845
interactive computer workstations to qualifying school districts. 17,846
The commission may select qualifying school districts to receive 17,847
the proceeds of any savings based on district readiness to 17,848
utilize interactive computer workstations. The Commission may 17,849
determine readiness on either a district-wide or individual 17,850
classroom or grade-level basis or by such other criteria deemed 17,851
appropriate by the commission. 17,852
(3) To pay for the cost of an independent review of all 17,854
the agencies in Ohio that deliver education technology, as called 17,855
for in Recommendation One of the Report of the Ohio School 17,856
Technology Implementation Task Force.
(4) To pay for the cost of a statewide educational 17,858
technology strategic planning process as called for in 17,859
Recommendation Two of the Report of the Ohio Schools Technology 17,860
Implementation Task Force.
(B) Not later than November 30, 1999, the Executive 17,862
Director of the Ohio SchoolNet Commission shall allocate to 17,863
school districts the amount to be used pursuant to division 17,864
(A)(2) of this section. A school district's allocation shall 17,865
remain available until the district is ready to use it, and the
school district may use its allocation in phases. A school 17,866
district may use a portion of its allocation for training and 17,867
staff development related to the project if approved by the Ohio 17,868
SchoolNet Commission under division (C) of this section. 17,869
(C) The Ohio SchoolNet Commission shall adopt procedures 17,871
368
for the administration and implementation of the SchoolNet Plus 17,872
Program. The procedures shall include application procedures, 17,873
specification for education technology, and terms and conditions 17,874
for participation in the program. The commission shall not 17,875
approve any application for participation in the program unless 17,876
it has determined that the applicant can effectively and 17,877
efficiently integrate the requested education technology into 17,878
schools or the selected schools or classrooms for the phase of 17,879
the program.
(D) Educational technology made available to school 17,881
districts under division (B) of this section shall be used as an 17,882
integrated part of the curriculum in fifth grade classrooms. 17,883
However, if the commission determines that a school district 17,884
already has at least one interactive computer workstation for
each five children enrolled in the fifth grade, and the district 17,885
meets other minimum requirements that may be established by the 17,886
commission concerning staff training and other education 17,887
technology for such grades, the commission may permit the school 17,888
district to use educational technology made available to it 17,889
through the SchoolNet Plus Program for children in grades six
through twelve. 17,890
(E) As used in this section: 17,892
(1) "Qualifying school district" means all school 17,894
districts, including any community school established under 17,896
Chapter 3314. of the Revised Code. 17,897
(2) "Educational technology" includes, but is not limited 17,899
to, computer hardware, equipment, training, and services; 17,900
equipment used for two-way audio or video; software; and 17,901
textbooks.
(F) All appropriations that are unencumbered and 17,903
unallotted in appropriation item 228-698, SchoolNet Plus, as of 17,904
June 30, 2000, are hereby appropriated for the same purpose in 17,905
fiscal year 2001 upon the request of the Executive Director of 17,906
the Ohio SchoolNet Commission and the approval of the Director of
369
Budget and Management. 17,907
Section 11.01. Technical and Instructional Professional 17,909
Development
The foregoing appropriation item 228-406, Technical and 17,911
Instructional Professional Development, shall be used by the Ohio 17,913
SchoolNet Commission, to make grants to qualifying schools,
including the State School for the Blind and the Ohio School for 17,915
the Deaf for the provision of hardware, software, 17,916
telecommunications services, and staff development to support 17,917
educational uses of technology in the classroom. 17,918
The Ohio SchoolNet Commission shall consider the 17,920
professional development needs associated with the OhioReads 17,921
Program when making funding allocations and program decisions. 17,922
The Ohio Educational Telecommunications Network Commission, 17,924
with the advice of the Ohio SchoolNet Commission, shall make 17,925
grants totaling up to $1,400,000 in each year of the biennium for 17,927
research development and production of interactive instructional 17,928
programming series and teleconferences to support SchoolNet. Up 17,929
to $50,000 of this amount shall be used in each year of the 17,930
biennium to provide for the administration of these activities by 17,931
the Ohio Educational Telecommunications Network Commission. The 17,932
programming shall be targeted to the needs of the poorest 200 17,933
school districts as determined by the district's adjusted 17,934
valuation per pupil as defined in section 3317.0213 of the 17,935
Revised Code.
Of the foregoing appropriation item 228-406, Technical and 17,937
Instructional Professional Development, $3,300,000 in each fiscal 17,938
year shall be distributed by the Ohio SchoolNet Commission to 17,940
low-wealth districts or consortia including low-wealth school 17,941
districts, as determined by the district's adjusted valuation per 17,943
pupil as defined in section 3317.0213 of the Revised Code, or the 17,944
State School for the Blind or the Ohio School for the Deaf. 17,945
The remaining appropriation allocated under this section 17,947
shall be used by the Ohio SchoolNet Commission for professional 17,948
370
development for teachers and administrators for the use of 17,949
educational technology. The commission shall make grants to 17,950
provide technical assistance and professional development on the 17,951
use of educational technology to school districts. 17,952
Eligible recipients of grants include regional training 17,954
centers, county offices of education, data collection sites, 17,955
instructional technology centers, institutions of higher 17,956
education, public television stations, special education resource 17,958
centers, area media centers, or other nonprofit educational 17,959
organizations. Services provided through these grants may 17,960
include use of private entities subcontracting through the grant 17,961
recipient.
Grants shall be made to entities on a contractual basis 17,963
with the Ohio SchoolNet Commission. Contracts shall include 17,965
provisions that demonstrate how services will benefit technology 17,966
use in the schools, and in particular will support SchoolNet 17,967
efforts to support technology in the schools. Contracts shall 17,968
specify the scope of assistance being offered and the potential 17,969
number of professionals who will be served. Contracting entities 17,970
may be awarded more than one grant at a time. 17,971
Grants shall be awarded in a manner consistent with the 17,973
goals of SchoolNet. Special emphasis in the award of grants 17,974
shall be placed on collaborative efforts among service providers. 17,975
Application for grants from this appropriation shall be 17,977
consistent with a school district's technology plan that shall 17,978
meet the minimum specifications for school district technology 17,979
plans as prescribed by the Ohio SchoolNet Commission. Funds 17,980
allocated through these grants may be combined with funds 17,981
received through other state or federal grants for technology as 17,982
long as the school district's technology plan specifies the use 17,983
of these funds. The commission may combine the application for 17,984
these grants with the SchoolNet application process authorized in 17,986
Am. Sub. H.B. 790 of the 120th General Assembly.
Education Technology 17,988
371
The foregoing appropriation item 228-539, Education 17,990
Technology, shall be used to provide funding to suppliers of 17,991
information services to school districts for the provision of 17,992
hardware, software, and staff development in support of 17,993
educational uses of technology in the classroom as prescribed by 17,994
the State Plan for Technology pursuant to section 3301.07 of the 17,995
Revised Code, and to support assistive technology for children 17,996
and youth with disabilities. 17,997
Up to $5,776,929 in each fiscal year shall be used by the 17,999
Ohio SchoolNet Commission to contract with instructional 18,000
television and $930,492 in fiscal year 2000 and $956,546 in 18,002
fiscal year 2001 shall be used by the commission to contract with 18,003
education media centers to provide Ohio schools with 18,004
instructional resources and services. 18,005
Resources may include, but not be limited to, the 18,007
following: pre-recorded video materials (including videotape, 18,008
laser discs, and CD-ROM discs); computer software for student use 18,010
and/or student access to electronic communication, databases, 18,011
spreadsheet, and word processing capability; live student courses 18,012
or courses delivered electronically; automated media systems; and 18,013
instructional and professional development materials for 18,014
teachers. The commission shall cooperate with such agencies in 18,015
the acquisition, development, and delivery of such educational 18,016
resources to ensure high-quality and educational soundness at the 18,017
lowest possible cost. Delivery of such resources may utilize a 18,018
variety of technologies, with preference given to a high-speed 18,019
integrated information network that can transport video, voice, 18,020
data, and graphics simultaneously.
Services shall include presentations and technical 18,022
assistance that will help students and teachers integrate 18,023
educational materials that support curriculum objectives, match 18,024
specific learning styles, and are appropriate for individual 18,025
interests and ability levels. 18,026
Such instructional resources and services shall be made 18,028
372
available for purchase by chartered nonpublic schools or by 18,029
public school districts for the benefit of pupils attending 18,030
chartered nonpublic schools.
Section 11.02. Interactive Parenting Program 18,032
The foregoing appropriation item 228-559, Interactive 18,034
Parenting Program, shall be used by the Ohio SchoolNet Commission 18,035
to fund a grant to RISE, Inc. as partial support to train 18,037
preschool staff members and parents.
It is the intent of the General Assembly that the 18,039
commission, in conjunction with RISE, Inc., shall develop a 18,040
program which may be conducted in conjunction with state 18,041
supported technology programs including, but not limited to, 18,042
SchoolNet appropriation item 228-406, and Education Technology 18,043
appropriation item 228-539, designed to educate preschool staff 18,044
members and providers on developmentally appropriate teaching 18,045
methods and to involve parents more closely in the education and 18,046
development of their children. The project shall include an 18,047
interactive instructional program, which shall be distributed to 18,048
program participants at up to twenty-six locations throughout the 18,049
state. The interactive instructional program shall be developed 18,050
to enhance the professional development, training, and 18,051
performance of preschool staff members; the education and 18,052
care-giving skills of the parents of preschool children; and the 18,053
preparation of preschool aged children for learning. 18,054
The project shall utilize the grant and matching nonpublic 18,056
funds to continue a direct-service program that shall include at 18,057
least three teleconferences to be distributed by Ohio-based 18,058
public television utilizing satellite or microwave technology in 18,059
a manner designed to promote interactive communications between 18,060
the program participants located at sub-sites within the Ohio 18,061
Educational Broadcast Network or as determined by the commission. 18,062
Program participants shall communicate with trainers and 18,063
participants at other program sites through telecommunications 18,064
and facsimile and on-line computer technology. To the maximum 18,065
373
extent possible, the project shall utilize systems currently 18,066
available in state supported technology programs and conduct the 18,067
program in a manner that promotes innovative, interactive 18,068
communications between the program participants at all the sites. 18,070
Parent support groups and teacher training sessions shall
supplement the teleconferences, and shall occur on a local basis. 18,071
RISE, Inc., may subcontract components of the project. 18,073
Individuals eligible to participate in the program shall 18,075
include those children, their parents, custodians, or guardians, 18,076
and preschool staff members who are eligible to participate in a 18,077
preschool program as defined in division (A) of section 3301.52 18,078
and section 5104.02 of the Revised Code. 18,079
(A) In addition to the foregoing, up to $400,000 each 18,081
fiscal year may be used by RISE, Inc., to enter into a 18,082
competitively bid contract with a not-for-profit entity or 18,083
entities to conduct a series of training programs for adult 18,084
volunteers who work with adolescent youths in after school 18,085
mentoring programs, including youth-serving organizations such as 18,086
Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and 18,087
public school mentor programs. The series of programs shall be 18,088
designed to:
(1) Improve the quality and effectiveness of adult 18,090
volunteers so that they would sustain their involvement with 18,091
youths over time. Specifically, they would improve their ability 18,092
to motivate, supervise, and communicate with young people. 18,093
(2) Improve the quality and effectiveness of adult 18,095
volunteers so that the children they mentor, coach, teach, or 18,096
befriend would sustain their involvement with youth-serving 18,097
organizations over time. 18,098
(3) Encourage collaboration between all Ohio youth-serving 18,101
organizations, including: 4-H, Boy Scouts, Girls Scouts, Big 18,102
Brothers, Big Sisters, and others.
(4) Provide cost-efficient, sustainable distance learning 18,105
to both rural and urban sites.
374
(B) In order to be eligible for the contract with RISE, 18,107
Inc., the program participants shall be able to demonstrate that 18,108
leading national experts in adolescent development intervention 18,109
programs will be utilized and that such program will make use of 18,110
a variety of media to engage participants and assist them in 18,111
learning the goals of the program. The program shall be designed 18,112
to focus on the adult volunteers who assist in youth development. 18,114
Training content shall focus on:
(1) Development issues for youth; 18,116
(2) Best practices to motivate, guide, and communicate 18,119
with these youths;
(3) Strategies for successful adult-to-adult interpersonal 18,122
relationships that are necessary for on-going learning and 18,123
support.
The program may include: two broadcast seminars of three 18,125
hours in length from a central up-link station, distributed in up 18,126
to 88 counties; corporate settings and extension offices with 18,127
on-site facilitated discussion and exercises; high 18,128
production-value video sought in various locations; and direct 18,129
interactive adult learning activities. The program shall develop 18,130
program workbooks. The program shall also involve at least three 18,131
small group facilitated follow-up discussion workshops and 18,132
development and distribution of at least two home videos. The 18,133
program shall also provide Internet access, interactive lines, 18,134
bulletin board, and CD-ROM. 18,135
Private sector supporters or RISE, Inc., subcontractors 18,137
shall match 50 per cent of the contract amount awarded under this 18,138
program. Upon completion of the program, a study and report 18,139
shall be made by The Ohio State University with measurable 18,140
outcome variables.
Upon completion of each of the school years for which the 18,142
grant was made, RISE, Inc., shall issue a report to the 18,143
commission and the members of the General Assembly explaining the 18,144
goals and objectives determined, the activities implemented, the 18,145
375
progress made toward the achievement of the goals and objectives, 18,146
and the outcome of the project. 18,147
Distance Learning 18,149
Appropriation item 228-634, Distance Learning, shall be 18,151
distributed by the Ohio SchoolNet Commission on a grant basis to 18,152
eligible school districts to establish "distance learning" in the 18,153
school district. Per the agreement with Ameritech, school 18,154
districts are eligible for funds if they are within an Ameritech 18,155
service area. Funds to administer the program shall be expended 18,156
by the commission up to the amount specified in the agreement 18,157
with Ameritech. 18,158
Within 30 days of the effective date of this section, the 18,160
Director of Budget and Management shall transfer from fund 4XI in 18,162
the State Special Revenue Fund Group any investment earnings from 18,163
moneys paid to the office or to the SchoolNet Commission by any 18,164
telephone company as part of a settlement agreement between the 18,165
company and the Public Utilities Commission in fiscal year 1995. 18,166
Section 12. SCR STATE BOARD OF PROPRIETARY SCHOOL 18,168
REGISTRATION 18,169
General Revenue Fund 18,171
GRF 233-100 Personal Services $ 377,366 $ 386,822 18,176
GRF 233-200 Maintenance $ 104,158 $ 107,075 18,180
GRF 233-300 Equipment $ 5,000 $ 5,000 18,184
TOTAL GRF General Revenue Fund $ 486,524 $ 498,897 18,187
TOTAL ALL BUDGET FUND GROUPS $ 486,524 $ 498,897 18,190
Section 13. TTA OHIO TUITION TRUST AUTHORITY 18,193
State Special Revenue Fund Group 18,195
645 095-601 Operating Expenses $ 3,856,585 $ 4,126,546 18,200
TOTAL SSR State Special Revenue 18,201
Fund Group $ 3,856,585 $ 4,126,546 18,204
TOTAL ALL BUDGET FUND GROUPS $ 3,856,585 $ 4,126,546 18,207
Operating Expenses 18,210
The foregoing appropriation item 095-601, Operating 18,212
Expenses, shall be used to pay the operating expenses of the Ohio 18,213
376
Tuition Trust Authority. 18,214
Of the foregoing appropriation item 095-601, Operating 18,216
Expenses, up to $30,000 over the biennium shall be used by the 18,217
Auditor of State to complete a performance audit of the Tuition 18,218
Trust Authority.
Section 14. Property Tax Allocation - Education 18,220
The appropriation item 200-901, Property Tax Allocation - 18,221
Education, made to the Department of Education, is appropriated 18,222
to pay for the state's costs incurred due to the homestead 18,223
exemption and the property tax rollback. In cooperation with the 18,224
Department of Taxation, the Department of Education shall
distribute these funds directly to the appropriate school 18,225
districts of the state, notwithstanding the provisions in 18,226
sections 321.24 and 323.156 of the Revised Code, which provide 18,227
for payment of the homestead exemption and property tax rollback 18,228
by the Tax Commissioner to the appropriate county treasurer and 18,229
the subsequent redistribution of these funds to the appropriate
local taxing districts by the county auditor. 18,230
The appropriation item 200-906, Tangible Tax Exemption - 18,232
Education, made to the Department of Education, is appropriated 18,233
to pay for the state's costs incurred due to the tangible 18,234
personal property tax exemption required by division (C)(3) of 18,235
section 5709.01 of the Revised Code. In cooperation with the 18,236
Department of Taxation, the Department of Education shall
distribute to each county treasurer the total amount certified by 18,237
the county treasurer pursuant to section 319.311 of the Revised 18,238
Code, for all school districts located in the county, 18,239
notwithstanding the provision in section 319.311 of the Revised 18,240
Code which provides for payment of the $10,000 tangible personal 18,241
property tax exemption by the Tax Commissioner to the appropriate 18,242
county treasurer for all local taxing districts located in the 18,243
county. Pursuant to division (G) of section 321.24 of the 18,244
Revised Code, the county auditor shall distribute the amount paid
by the Department of Education among the appropriate school 18,246
377
districts.
Upon receipt of these amounts, each school district shall 18,248
distribute the amount among the proper funds as if it had been 18,249
paid as real or tangible personal property taxes. Payments for 18,250
the costs of administration shall continue to be paid to the 18,251
county treasurer and county auditor as provided for in sections 18,252
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 18,254
appropriated in appropriation items 200-901, Property Tax 18,256
Allocation - Education, for the homestead exemption and the 18,257
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property 18,258
tax exemption payments, which are determined to be necessary for 18,259
these purposes, are hereby appropriated. 18,260
Section 15. Personal Service Expenses 18,262
Unless otherwise prohibited by law, each appropriation in 18,264
this act from which personal service expenses are paid shall bear 18,265
the employer's share of public employees' retirement, workers' 18,266
compensation, disabled workers' relief, and all group insurance 18,267
programs; the costs of centralized accounting, centralized 18,268
payroll processing, and related personnel reports and services; 18,269
the cost of the Office of Collective Bargaining; the cost of the 18,270
Personnel Board of Review; the cost of the Employee Assistance 18,271
Program; the cost of the Equal Opportunity Center; the costs of 18,272
interagency management infrastructure and the cost of 18,274
administering the state employee merit system as required by
section 124.07 of the Revised Code. Such costs shall be 18,275
determined in conformity with appropriate sections of law and 18,276
paid in accordance with procedures specified by the Office of 18,277
Budget and Management. 18,278
Section 16. Satisfaction of Judgments and Settlements 18,280
Against the State 18,281
An appropriation contained in this act may be used for the 18,283
purpose of satisfying judgments or settlements in connection with 18,284
378
civil actions against the state in federal court not barred by 18,285
sovereign immunity or the Eleventh Amendment to the Constitution 18,286
of the United States, or for the purpose of satisfying judgments, 18,287
settlements, or administrative awards ordered or approved by the 18,288
Court of Claims in connection with civil actions against the
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the 18,289
Revised Code. This authorization shall not apply to 18,290
appropriations to be applied to or used for payment of guarantees 18,291
by or on behalf of the state, for or relating to lease payments 18,292
or debt service on bonds, notes, or similar obligations and those 18,293
from the School Building Program Assistance Fund (Fund 032), and
any other fund into which proceeds of obligations are deposited. 18,295
Nothing contained in this section is intended to subject the
state to suit in any forum in which it is not otherwise subject 18,296
to suit, nor is it intended to waive or compromise any defense or 18,297
right available to the state in any suit against it. 18,298
Section 17. (A) As used in this section: 18,300
(1) "FY 1999 state aid" means the total amount of state 18,302
money received by a joint vocational school district under the 18,303
version of sections 3317.16 and 3317.162 of the Revised Code in 18,304
effect for that fiscal year, minus the amounts paid for driver 18,305
education and adult education.
(2) "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 18,308
state aid" mean the total amount of state money received by a 18,309
joint vocational school district in the applicable fiscal year 18,310
under divisions (B) to (D) of the version of section 3317.16 of 18,312
the Revised Code in effect for the applicable fiscal year. 18,313
(3) "FY 2000 actual aid" and "FY 2001 actual aid" mean the 18,316
amount of state aid described in division (A)(2) of this section 18,317
that was actually paid to a joint vocational school district in 18,318
the applicable fiscal year after the application of division (B) 18,319
or (C) of this section. 18,320
(4) "Formula ADM" has the same meaning as in section 18,322
3317.02 of the Revised Code. 18,323
379
(5) "FY 1999 ADM" means the average daily membership 18,325
certified by the joint vocational school district for fiscal year 18,327
1999 under division (D) of the version of section 3317.03 of the 18,328
Revised Code in effect for that year. 18,329
(B) In fiscal year 2000, notwithstanding any provision of 18,331
law to the contrary, no joint vocational school district shall 18,332
receive FY 2000 state aid that is more than the greater of the 18,333
following:
(1) 110% of its FY 1999 state aid; 18,335
(2) [1.08 X (FY 1999 state aid/FY 1999 ADM)< X fiscal year 18,339
2000 formula ADM. 18,340
If a joint vocational school district's projected FY 2000 18,342
state aid is more than the greater of division (B)(1) or (2) of 18,343
this section, the district shall receive only the greater of 18,344
division (B)(1) or (2) of this section in fiscal year 2000. 18,345
(C) In fiscal year 2001, notwithstanding any provision of 18,347
law to the contrary, no joint vocational school district shall 18,348
receive FY 2001 state aid that is more than the greater of the 18,349
following:
(1) 110% of its FY 2000 actual aid; 18,351
(2) [1.08 X (FY 2000 actual aid/fiscal year 2000 formula 18,353
ADM)< X fiscal year 2001 formula ADM. 18,355
If a joint vocational school district's projected FY 2001 18,357
state aid is more than the greater of division (C)(1) or (2) of 18,358
this section, the district shall receive only the greater of 18,359
division (C)(1) or (2) of this section in fiscal year 2001. 18,360
(D) In fiscal year 2002, notwithstanding any provision of 18,362
law to the contrary, no joint vocational school district shall 18,363
receive FY 2002 state aid that is more than the greater of the 18,364
following:
(1) 110% of its FY 2001 state aid; 18,366
(2) [1.08 X (FY 2001 actual aid/fiscal year 2001 formula 18,368
ADM)< X fiscal year 2002 formula ADM. 18,370
If a joint vocational school district's projected FY 2002 18,372
380
state aid is more than the greater of division (D)(1) or (2) of 18,373
this section, the district shall receive only the greater of 18,374
division (D)(1) or (2) of this section in fiscal year 2002. 18,375
Section 18. Lease Payments to OPFC, OBA, and Treasurer 18,377
Certain appropriations are in this act for the purpose of 18,379
lease payments to the Ohio Public Facilities Commission, to the 18,381
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 18,384
by the Ohio Public Facilities Commission, the Ohio Building 18,385
Authority, or the Treasurer of State pursuant to the Ohio 18,388
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 18,389
purpose, such amounts are hereby appropriated. 18,390
Section 19. That Section 45.32 of Am. Sub. H.B. 117 of the 18,392
121st General Assembly, as amended by Am. Sub. H.B. 215 and Am. 18,393
Sub. H.B. 770 of the 122nd General Assembly, be amended to read 18,395
as follows:
"Sec. 45.32. (A) As used in this section: 18,397
(1) A "client district" of an educational service center 18,399
means a city or exempted village school district that has entered 18,400
into an agreement with that service center pursuant to section 18,401
3313.843 of the Revised Code. 18,402
"CLIENT DISTRICT" ALSO INCLUDES ANY CITY OR EXEMPTED 18,404
VILLAGE SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH 18,406
THE EDUCATIONAL SERVICE CENTER UNDER SECTION 3313.843 OF THE 18,407
REVISED CODE AND REIMBURSES THE EDUCATIONAL SERVICE CENTER UNDER
SECTION 3317.11 OF THE REVISED CODE EVEN THOUGH SUCH AGREEMENT 18,408
WAS EXECUTED AFTER JANUARY 1, 1997, AND THE EDUCATIONAL SERVICE 18,409
CENTER DOES NOT RECEIVE ANY STATE FUNDING UNDER DIVISION (B)(1) 18,410
OR (C) OF SECTION 3317.11 OF THE REVISED CODE. 18,411
(2) "ADM" means the combined ADM of the local school 18,413
districts having territory in a service center and the ADM of 18,415
each client district of such center. 18,416
(B) By June 1, 1997, in the case of any educational 18,418
381
service centers that are serving only one local district pursuant 18,420
to section 3311.051 of the Revised Code; except as otherwise
provided in division (C) of this section, by June 1, 1999, in the 18,422
case of any service centers with ADMs of less than 8,000 that 18,423
serve fewer than six local or client school districts; and by
June 1, 2000, in the case of any educational service centers with 18,425
ADMs of less than 8,000 that serve six or more local or client 18,426
school districts, the superintendents of such service centers 18,427
shall notify the Superintendent of Public Instruction of the name 18,429
of one or more adjacent educational service centers with which 18,430
such service centers will merge to form joint service centers.
If the Superintendent does not receive such notification from a 18,431
center serving only one local district or serving an ADM of less 18,432
than 8,000 by the required date, the Superintendent shall 18,433
determine one or more suitable adjacent centers for such merger 18,434
and shall notify the superintendents and governing boards of all 18,435
centers involved of the determination. The centers named in the 18,436
notification required by this section or determined by the 18,437
Superintendent of Public Instruction pursuant to this section 18,438
shall form a joint center pursuant to section 3311.053 of the 18,439
Revised Code, which shall be effective on the first day of July 18,440
immediately following notification by the service center, or by 18,441
the Superintendent of Public Instruction, whichever applies. 18,442
(C) Any educational service center created on or before 18,445
July 1, 1997, under a merger of two educational service centers 18,446
pursuant to Section 45.32 of Am. Sub. H.B. 117 of the 121st 18,447
General Assembly, which service centers each contained only one 18,448
local school district at the time of the merger shall comply with 18,450
division (B) of this section by June 1, 2000." 18,451
Section 20. That existing Section 45.32 of Am. Sub. H.B. 18,453
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 18,454
215 and Am. Sub. H.B. 770 of the 122nd General Assembly, is 18,455
hereby repealed. 18,456
Section 21. That Section 50.52.2 of Am. Sub. H.B. 215 of 18,458
382
the 122nd General Assembly be amended to read as follows: 18,459
"Sec. 50.52.2. (A) As used in this section: 18,461
(1) "Lucas County area" includes the entire territory of 18,464
any school district having the majority of its territory in Lucas 18,465
County.
(2) "Start-up school" means a community school other than 18,467
one created by converting all or part of an existing public 18,468
school, as designated in the school's contract pursuant to 18,469
division (P) of Subsection 5 of this section. 18,470
(B) The General Assembly finds that the establishment of 18,472
independent community schools throughout the state has potential 18,473
desirable effects, including providing parents a choice of 18,474
academic environments for their children and providing the 18,475
education community with the opportunity to establish limited 18,476
experimental educational programs in a deregulated setting. 18,477
However, the potential effects of a statewide system of community 18,479
schools could also generate some adverse results. Therefore, the 18,480
General Assembly finds it advisable to establish a pilot project 18,481
in the Lucas County area which will permit the operation of 18,482
community schools in a limited area of the state in order to 18,483
provide for the evaluation and measurement of the effects of 18,484
these schools.
No more than twenty start-up school contracts may be in 18,487
effect at any time under this section. The Superintendent of the 18,489
Lucas County Educational Service Center shall be responsible for 18,490
ensuring that the twenty start-up schools represent diverse
educational missions, are intended to serve a number of different 18,492
grade levels, and will appeal to students with a variety of 18,493
interests or characteristics in order to provide for a range of 18,494
educational experiments within the pilot project schools. Upon 18,495
entering into a preliminary agreement pursuant to Subsection 4 of 18,496
this section, the potential sponsor of a community school shall 18,497
file a copy of the preliminary agreement with the Superintendent 18,498
of the Lucas County Educational Service Center. Within 18,499
383
twenty-four hours of receipt of the preliminary agreement for a 18,500
start-up school, the Superintendent shall determine whether the 18,501
proposed school will add to the diversity of the pilot project 18,502
schools through offering a unique educational mission, serving 18,503
grade levels of students or students with certain characteristics 18,504
or interests not yet being served by other community schools, or 18,505
offering innovative instructional methods. If the school will 18,506
not add to the diversity of the pilot project schools and would 18,507
be overserving students of a certain type or grade level, the 18,508
Superintendent may reject the school's preliminary agreement and 18,509
shall immediately notify the sponsor and the proposing group or 18,510
individual. Upon entering into a community school contract, the 18,512
sponsor shall file a copy of the approved contract with that 18,513
Superintendent. Within twenty-four hours of the filing of the 18,514
contract, the Superintendent shall notify the sponsor whether 18,515
twenty start-up school contracts were already in effect at the 18,516
time of the filing. If twenty such contracts were in effect, the 18,517
contract filed by the sponsor shall be voided. 18,518
Within twenty-four hours of a request of any person, the 18,520
Superintendent shall indicate the number of preliminary 18,521
agreements for start-up schools currently outstanding and the 18,522
number of contracts currently in effect. 18,523
(C) No start-up or converted community school shall begin 18,525
operation under this section after June 30, 2000. 18,526
(D) Not later than September 28, 1997, the Director of the 18,528
Legislative Office of Education Oversight, in consultation with 18,529
the Superintendent of the Lucas County Educational Service 18,530
Center, a classroom teacher appointed by the board of the Ohio 18,531
Education Association, a classroom teacher appointed by the board 18,532
of the Ohio Federation of Teachers, and a classroom teacher who 18,533
is a member of neither of these organizations selected by that 18,534
Superintendent, shall develop a study design for the evaluation 18,535
of the pilot project COMMUNITY schools and the overall effects of 18,537
the community school pilot project SCHOOLS. The study design 18,538
384
shall include the criteria that the Office will use to determine 18,539
the positive and negative effects of the project SCHOOLS overall, 18,540
and the success or failure of individual community schools. The 18,542
design shall include a description of the data that must be 18,543
collected by the Superintendent and by each community school and 18,544
sponsor and a timeline for the collection of the data. The 18,545
director shall adapt the study design prepared under this 18,546
subsection for use in evaluating community schools established 18,547
under Chapter 3314. of the Revised Code, as well as the Lucas 18,548
County pilot project community schools. The office shall notify 18,549
each community school of the data that must be collected and the 18,550
timeline for collection of the data. Data shall be collected at 18,551
regular intervals, but no evaluation of the results of data 18,552
collected shall be made by the Office prior to June 2001. A 18,553
preliminary report, together with any recommendations to improve 18,554
community schools, shall be issued to the Speaker of the House of 18,555
Representatives and the President of the Senate by June 30, 2001. 18,556
A final report, with recommendations as to the future of 18,557
community schools in Ohio, shall be made to the Speaker and 18,558
President by June 1, 2003."
Section 22. That existing Section 50.52.2 of Am. Sub. H.B. 18,560
215 of the 122nd General Assembly is hereby repealed. 18,561
Section 23. That Section 18 of Am. Sub. H.B. 650 of the 18,563
122nd General Assembly, as most recently amended by Am. Sub. H.B. 18,564
850 of the 122nd General Assembly, be amended to read as follows: 18,565
"Sec. 18. (A) As used in this section: 18,567
(1) "FY 1998 state aid" means the total amount of state 18,569
money received by a school district for fiscal year 1998 as 18,571
reported on the Department of Education's form "SF-12," adjusted 18,572
as follows: 18,573
(a) Minus any amounts for approved preschool handicapped 18,576
units;
(b) Minus any additional amount attributable to the 18,579
reappraisal guarantee of division (C) of section 3317.04 of the 18,580
385
Revised Code;
(c) Plus the amount deducted for payments to an 18,582
educational service center; 18,583
(d) Plus an estimated portion of the state money 18,585
distributed in fiscal year 1998 to other school districts or 18,586
educational service centers for approved units, other than 18,587
preschool handicapped or gifted education units, attributable to 18,588
the costs of providing services in those units to students 18,589
entitled to attend school in the district; 18,590
(e) Minus an estimated portion of the state money 18,592
distributed to the school district in fiscal year 1998 for 18,593
approved units, other than preschool handicapped units or gifted 18,594
education units, attributable to the costs of providing services 18,595
in those units to students entitled to attend school in another 18,596
school district; 18,597
(f) Plus any additional amount paid pursuant to the 18,600
vocational education recomputation required by former Section 18,601
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 18,603
(g) Plus any additional amount paid pursuant to the 18,606
special education recomputation required by former division (I) 18,607
of section 3317.023 of the Revised Code; 18,608
(h) Plus any amount paid for equity aid under section 18,611
3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to 18,613
section 3317.027 of the Revised Code; 18,614
(j) Plus any amount received for that year pursuant to a 18,616
recomputation made under division (B) of section 3317.022 of the 18,617
Revised Code.
(2) "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS 18,620
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 18,625
state aid" mean the total amount of state money a school district 18,626
is eligible to receive for the applicable fiscal year under 18,627
386
divisions (A), (B), (C)(1) AND (5), and (D), AND (E) of section 18,629
3317.022 and sections 3317.025, 3317.027, 3317.029, 3317.0212, 18,631
and 3317.0213 of the Revised Code, plus any amount for which the 18,632
district is eligible pursuant to division (C) of section 18,634
3317.023, divisions (G) and (P) of section 3317.024, and THE 18,636
SUPPLEMENTAL UNIT ALLOWANCE PAID FOR GIFTED UNITS UNDER division 18,637
(B) of section 3317.162 of the Revised Code, and prior to any 18,638
deductions or credits required by division (B), (D), (E), (F), 18,639
(G), (H), (I), (J), or (K) of section 3317.023 or division (J) of 18,641
section 3317.029 of the Revised Code. 18,642
(3)(4) "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE 18,645
AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE 18,646
APPLICATION OF DIVISION (B) OF THIS SECTION, PLUS AN APPROPRIATE 18,647
PROPORTION, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OF THE 18,648
AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FROM
THE VOCATIONAL EDUCATION SET-ASIDE, AS DEFINED IN SECTION 18,649
3317.0212 OF THE REVISED CODE AND ATRTIBUTABLE TO THE DISTRICT'S 18,650
STUDENTS.
(5) "FY 2000 actual aid," AND "FY 2001 actual aid," and 18,655
"FY 2002 actual aid" means MEAN the amount of the state aid 18,656
described in division (A)(2)(3) of this section that was actually 18,658
paid to a school district in the applicable fiscal year after the 18,660
application of divisions (B)(C) to (E) of this section.
(4)(6) "FY 1998 ADM," "formula ADM," and "three-year 18,663
average formula ADM" have the meanings prescribed in section 18,664
3317.02 of the Revised Code. 18,665
(5)(7) "All-day kindergarten" has the meaning prescribed 18,667
in section 3317.029 of the Revised Code. 18,668
(8) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 18,670
VILLAGE SCHOOL DISTRICT. 18,671
(B) In fiscal year 1999, notwithstanding any provision of 18,674
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 18,676
(1) 110 per cent of FY 1998 state aid; 18,678
387
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 18,681
of fiscal year 1999 formula ADM or three-year average formula 18,682
ADM.
If a district's projected FY 1999 state aid is more than 18,684
the greater of division (B)(1) or (2) of this section, such 18,686
district shall receive only the greater of division (B)(1) or (2) 18,688
of this section in fiscal year 1999. 18,689
(C) In fiscal year 2000, notwithstanding any provision of 18,692
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 18,693
(1) 110 per cent of ADJUSTED FY 1999 actual aid; 18,695
(2) [1.06 1.08 X (ADJUSTED FY 1999 actual aid/fiscal year 18,698
1999 formula ADM)< X the greater of fiscal year 2000 formula ADM 18,701
or three-year average formula ADM.
If a district's projected FY 2000 state aid is more than 18,703
the greater of division (C)(1) or (2) of this section, such 18,704
district shall receive only the greater of division (C)(1) or (2) 18,706
of this section in fiscal year 2000. 18,707
(D) In fiscal year 2001, notwithstanding any provision of 18,710
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 18,711
(1) 110 per cent of FY 2000 actual aid; 18,714
(2) [1.06 1.08 X (FY 2000 actual aid/fiscal year 2000 18,717
formula ADM)< X the greater of fiscal year 2001 formula ADM or 18,719
three-year average formula ADM.
If a district's projected FY 2001 state aid is more than 18,721
the greater of division (D)(1) or (2) of this section, such 18,723
district shall receive only the greater of division (D)(1) or (2) 18,726
of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 18,729
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 18,730
(1) 110 per cent of FY 2001 actual aid; 18,733
(2) [1.06 1.08 X (FY 2001 actual aid/fiscal year 2001 18,736
388
formula ADM)< X the greater of fiscal year 2002 formula ADM or 18,738
three-year average formula ADM.
If a district's projected FY 2002 state aid is more than 18,740
the greater of division (E)(1) or (2) of this section, such 18,742
district shall receive only the greater of division (E)(1) or (2) 18,744
of this section in fiscal year 2002. 18,745
(F) This division and division (G) of this section apply 18,747
only to districts subject to division (F) of section 3317.029 of 18,748
the Revised Code. As used in this division and division (G) of 18,750
this section:
(1) "Capped district" means a district that pursuant to 18,752
division (B), (C), (D), or (E) of this section will not receive 18,754
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 18,755
aid.
(2) "DPIA funds" means: 18,757
(a) In FY 1998, the amount calculated for the district 18,759
pursuant to division (B) of section 3317.023 of the Revised Code 18,760
as it existed in that fiscal year; 18,761
(b) In any fiscal year after FY 1998, the total amount 18,763
calculated for the district for that fiscal year pursuant to 18,764
section 3317.029 of the Revised Code. 18,765
(3) "Exempt DPIA portion" means: 18,767
(a) In the case of any district other than a capped 18,769
district, an amount equal to zero; 18,770
(b) In the case of a capped district, the amount resulting 18,772
from the application of the following formula: 18,773
(The district's DPIA funds for the year of 18,775
the calculation minus the district's DPIA funds for 18,776
FY 1998) minus (the district's actual aid for the year 18,777
of the calculation minus the district's FY 1998 state aid) 18,778
However, if this formula produces a negative number, the 18,780
district's exempt DPIA portion is zero. 18,781
(4) "Required all-day kindergarten" for a district means 18,783
the provision of all-day kindergarten to the number of students 18,784
389
in the district's kindergarten percentage specified pursuant to 18,785
division (H)(1) of section 3317.029 of the Revised Code. 18,786
(G) Notwithstanding any provision of law to the contrary: 18,788
(1) In the case of any district, the district's DPIA funds 18,790
are hereby deemed to first consist of any disadvantaged pupil 18,791
impact aid calculated for the district for all-day kindergarten 18,792
under division (D) of section 3317.029 of the Revised Code, and 18,793
to next consist of any disadvantaged pupil impact aid calculated 18,794
for the district under divisions (C) and (E) of section 3317.029 18,795
of the Revised Code. Each district shall expend whatever funds 18,796
necessary to ensure provision of its required all-day
kindergarten. 18,797
(2) In FY 1999, a district shall expend for the purposes 18,799
of section 3317.029 of the Revised Code an amount equal to at 18,800
least twenty-five per cent of the resultant derived from 18,801
subtracting the district's exempt DPIA portion from the amount 18,802
calculated for the district under divisions (C) and (E) of 18,803
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 18,805
of section 3317.029 of the Revised Code an amount equal to at 18,806
least fifty per cent of the resultant derived from subtracting 18,807
the district's exempt DPIA portion from the amount calculated for 18,808
the district under divisions (C) and (E) of section 3317.029 of 18,809
the Revised Code.
(4) In FY 2001, a district shall expend for the purposes 18,811
of section 3317.029 of the Revised Code an amount equal to at 18,812
least seventy-five per cent of the resultant derived from 18,813
subtracting the district's exempt DPIA portion from the amount 18,814
calculated for the district under divisions (C) and (E) of 18,815
section 3317.029 of the Revised Code.
(5) In FY 2002 and thereafter, a district shall expend one 18,817
hundred per cent of its DPIA funds for the purposes of section 18,818
3317.029 of the Revised Code. 18,819
(6) Districts shall comply with the requirements of 18,821
390
division (G) of section 3317.029 of the Revised Code." 18,822
Section 24. That existing Section 18 of Am. Sub. H.B. 650 18,824
of the 122nd General Assembly, as most recently amended by Am. 18,825
Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed. 18,826
Section 25. That Sections 6, 30.07, 30.10, 30.43, and 31 18,828
of Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 18,831
read as follows:
"Sec. 6. The items set forth in this section are hereby 18,833
appropriated out of any moneys in the state treasury to the 18,834
credit of the Public School Building Fund (Fund 021), which are 18,835
not otherwise appropriated. Appropriations 18,836
APPROPRIATIONS 18,837
SFC SCHOOL FACILITIES COMMISSION 18,838
CAP-622 Public School Buildings $ 145,000,000 18,841
CAP-777 Disability Access Projects $ 5,000,000 18,843
Total School Facilities Commission $ 150,000,000 18,845
Total Public School Building Fund $ 150,000,000 18,847
DISABILITY ACCESS PROJECTS 18,851
THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS 18,854
PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS 18,855
SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH
DISABILITIES. 18,856
(A) AS USED IN THIS SECTION: 18,858
(1) "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL 18,860
DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF 18,861
SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER 18,862
DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE. 18,863
(2) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 18,865
VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS 18,866
ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN 18,867
DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT 18,868
SECTION EXISTED PRIOR TO JULY 1, 1998.
(3) "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE 18,870
VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED 18,871
391
BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION 18,872
3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY 18,873
1, 1998.
(B) THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR 18,876
AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL 18,877
LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,
OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF 18,878
WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY 18,879
HANDICAPPED PERSONS. THE RULES SHALL INCLUDE APPLICATION 18,880
PROCEDURES. NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER 18,881
THIS SECTION IN EXCESS OF $100,000. IN ADDITION, ANY SCHOOL 18,882
DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE 18,883
PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE 18,884
PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.
Sec. 30.07. Reimbursements for Project Costs 18,886
Appropriations made in Sections 30.02 to 30.06 30.45 of 18,888
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 18,892
purposes of costs of capital facilities for the interim financing 18,893
of which the particular institution has previously issued its own 18,894
obligations anticipating the possibility of future state 18,895
appropriations to pay all or a portion of such costs, as 18,896
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 18,897
agent for those outstanding obligations in the full principal 18,898
amount of those obligations then to be paid from the anticipated 18,899
appropriation, and shall be timely applied to the retirement of a 18,900
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 30.45 of 18,902
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 18,906
purposes of costs of capital facilities, all or a portion of 18,907
which costs the particular institution has paid from the 18,908
institution's moneys that were temporarily available and which 18,909
payments were reasonably expected to be reimbursed from the 18,910
proceeds of obligations issued by the state, shall be directly
392
paid to the institution in the full amounts of those payments, 18,912
and shall be timely applied to the reimbursement of those 18,913
temporarily available moneys.
Sec. 30.10. CSU CENTRAL STATE UNIVERSITY 18,915
CAP-022 Basic Renovations $ 804,400 18,918
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 18,920
CAP-084 College of Education Facility - 18,921
Planning $ 1,000,000 18,922
Total Central State University $ 4,253,800 18,924
College of Education Facility - Planning 18,927
The foregoing appropriation item CAP-084, College of 18,929
Education Facility - Planning, shall not be released by the 18,931
Controlling Board or the Director of Budget and Management until 18,932
Central State University has satisfactorily completed a 18,933
Campus-wide Master Plan, and has made progress satisfactory to
the Board of Regents and the Office of Budget and Management in 18,935
completing the correction of its outstanding adjudication orders 18,936
as issued by the Department of Commerce. Such progress shall 18,937
include the development of a plan to comply with all remaining 18,938
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 18,939
State University's debt service obligation until fiscal year 18,940
2002.
Sec. 30.43. MAT MUSKINGUM AREA TECHNICAL COLLEGE 18,942
CAP-007 Basic Renovations $ 203,491 18,945
CAP-014 REGIONAL TECHNOLOGY TRAINING CENTER $ 1,961,290 18,949
Total Muskingum Area Technical College $ 203,491 18,951
2,164,781 18,952
Sec. 31. Debt Service Formula Allocation 18,955
Based on the foregoing appropriations in Sections 30 and 18,957
30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL 18,959
ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the 18,960
following higher education institutions shall be responsible for 18,961
the specified amounts as part of the debt service component of 18,963
393
the instructional subsidy beginning in fiscal year 2000:
Institution Amount 18,965
University of Akron $10,800,000 18,966
University of Akron - Wayne $ 675,000 18,967
Bowling Green State University $14,013,310 18,968
Bowling Green State University - Firelands $ 2,056,440 18,969
Central State University $ 2,449,400 18,970
University of Cincinnati $39,386,650 18,971
University of Cincinnati - Walters $ 3,445,212 18,972
Cleveland State University $16,719,670 18,973
Kent State University $17,644,310 18,974
Kent State University - Ashtabula $ 575,000 18,975
Kent State University - East Liverpool $ 570,980 18,976
Kent State University - Geauga $ 60,000 18,977
Kent State University - Salem $ 288,310 18,978
Kent State University - Stark $ 1,743,360 18,979
Kent State University - Trumbull $ 175,000 18,980
Kent State University - Tuscarawas $ 75,000 18,981
Miami University $18,400,000 18,982
17,400,000 18,983
Miami University - Hamilton $ 969,540 18,984
Miami University - Middletown $ 1,568,330 18,985
Ohio State University $80,760,310 18,986
77,760,310 18,987
Ohio State University - Lima $2,152,620 18,988
1,118,330 18,989
Ohio State University - Mansfield $ 850,000 18,990
Ohio State University - Marion $ 408,000 18,991
Ohio State University - ATI $ 1,560,000 18,992
Ohio University $26,700,280 18,993
21,700,280 18,994
Ohio University - Eastern $ 398,040 18,995
Ohio University - Chillicothe $ 953,030 18,996
Ohio University - Lancaster $ 1,116,760 18,997
394
Ohio University - Zanesville $ 1,136,920 18,998
Shawnee State University $ 1,751,500 18,999
University of Toledo $19,800,000 19,000
Wright State University $11,300,000 19,001
Youngstown State University $ 9,200,000 19,002
Medical College of Ohio $ 5,442,150 19,003
Northeastern Ohio Universities College of Medicine $3,425,580 19,005
3,443,313 19,006
Cincinnati State Technical and Community College $ 1,036,000 19,007
Columbus State Community College $ 1,500,000 19,008
Cuyahoga Community College $ 6,800,000 19,009
Edison State Community College $ 50,000 19,010
Jefferson Community College $ 817,165 19,011
Lakeland Community College $ 3,165,340 19,012
Lorain Community College $ 100,000 19,013
Owens Community College $ 3,747,260 19,014
Rio Grande Community College $ 636,000 19,015
Hocking Technical College $ 2,924,325 19,016
Lima Technical College $ 900,000 19,017
Marion Technical College $ 52,700 19,018
MUSKINGUM AREA TECHNICAL COLLEGE $ 196,129 19,020
North Central Technical College $ 750,000 19,021
Stark Technical College $ 1,253,252 19,022
Institutions not listed above shall not have a debt service 19,025
obligation as a result of these appropriations. 19,026
Within sixty days after the effective date of this section 19,028
NOT LATER THAN MAY 17, 1999, any institution of higher education 19,030
may notify the Board of Regents of its intention not to proceed 19,031
with any project appropriated in this act AM. SUB. H.B. OF THE 19,032
122nd GENERAL ASSEMBLY. Upon receiving such notification, the 19,034
Board of Regents may release the institution from its debt
service obligation for the specific project." 19,035
Section 26. That existing Sections 6, 30.07, 30.10, 30.43, 19,037
and 31 of Am. Sub. H.B. 850 of the 122nd General Assembly are 19,040
395
hereby repealed.
Section 27.* That Section 26 of Am. Sub. H.B. 850 of the 19,042
122nd General Assembly be amended to read as follows: 19,044
"Sec. 26. (A) All items set forth in this section are 19,046
hereby appropriated out of any moneys in the state treasury to 19,047
the credit of the School Building Program Assistance Fund (Fund 19,048
032) created under section 3318.25 of the Revised Code, derived 19,049
from the proceeds of obligations heretofore and herein authorized 19,050
to pay the cost to the state of acquiring classroom facilities 19,051
for sale to school districts pursuant to sections 3318.01 to 19,052
3318.20 of the Revised Code. 19,053
Appropriations 19,055
SFC SCHOOL FACILITIES COMMISSION 19,056
CAP-737 School Building Program Assistance $ 355,000,000 19,059
Total School Facilities Commission $ 355,000,000 19,061
Total School Building Program Assistance Fund $ 355,000,000 19,063
School Building Program Assistance 19,066
The foregoing appropriation item CAP-737, School Building 19,068
Program Assistance, shall be used by the School Facilities 19,069
Commission to provide funding to school districts that receive 19,070
conditional approval from the Commission pursuant to Chapter 19,071
3318. of the Revised Code.
Commitments by the School Facilities Commission 19,073
The School Facilities Commission shall not commit at least 19,075
$300 million of the combined amounts of the foregoing 19,076
appropriations items CAP-622, Public School Buildings (Fund 021), 19,077
and CAP-737, Public School Building Assistance (Fund 032), until 19,078
after June 30, 1999.
(B)(1) As used in this division: 19,080
(a) "Low wealth school district" means a school district 19,082
in the lowest fifty per cent of adjusted valuation per pupil on 19,083
the fiscal year 1999 ranking of school districts, established 19,084
pursuant to section 3317.02 3317.0213 of the Revised Code. 19,085
(b) A "school district with an exceptional need for 19,087
396
immediate CLASSROOM facility assistance" means a school district 19,089
with an exceptional need for new facilities in order to protect 19,090
the health and safety of all or a portion of its students. 19,091
School districts reasonably expected to be served by the
Classroom Facilities Assistance Program prior to June 30, 2002, 19,093
in THE order provided under divisions (C)(1) and (2) of section 19,095
3318.06 3318.02 of the Revised Code, are excluded from 19,097
participating in this exceptional needs pilot program. 19,098
(2) Of the $300,000,000 the School Facilities Commission 19,100
shall not commit until after June 30, 1999, the School Facilities 19,101
Commission may set aside up to ten per cent for the pilot program 19,103
for low wealth school districts with exceptional needs for 19,104
immediate classroom facility assistance.
(3)(a) After consulting with education and construction 19,106
experts, the School Facilities Commission shall adopt guidelines 19,107
for identifying school districts with an exceptional need for 19,108
immediate classroom facility assistance. 19,109
(b) The guidelines shall include application forms and 19,111
instructions for school districts that believe they have an 19,112
exceptional need for immediate classroom facility assistance. 19,113
(4) The School Facilities Commission shall evaluate the 19,115
classroom facilities, and the need for replacement classroom 19,116
facilities from the applications received under this section. 19,117
The School Facilities Commission, utilizing the guidelines 19,118
adopted pursuant to division (B)(3) of this section, shall
prioritize the school districts to be assessed. 19,119
In accordance with division (C)(3) of NOTWITHSTANDING 19,121
section 3318.02 of the Revised Code, the School Facilities 19,123
Commission may conduct on-site evaluation of the school districts 19,124
prioritized under this section and approve and award funds until
such time as all funds set aside pursuant to division (B)(2) of 19,126
this section have been encumbered pursuant to section 3318.04 of 19,127
the Revised Code.
(5) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 19,130
397
REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL
BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT 19,131
PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT 19,132
COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE 19,133
REVISED CODE."
Section 28.* That existing Section 26 of Am. Sub. H.B. 850 19,135
of the 122nd General Assembly is hereby repealed. 19,136
Section 29. (A) That Sections 50.52.1, 50.52.3, 50.52.6, 19,138
50.52.8, 50.52.11, and 50.52.13 of Am. Sub. H.B. 215 of the 122nd 19,139
General Assembly are hereby repealed. 19,140
(B) That Sections 50.52.4, 50.52.7, and 50.52.9 of Am. 19,142
Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. 19,143
Sub. H.B. 770 of the 122nd General Assembly, are hereby repealed. 19,144
(C) That Sections 50.52.5 and 50.52.10 of Am. Sub. H.B. 19,146
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 19,147
650 and Am. Sub. H.B. 770 of the 122nd General Assembly, are 19,148
hereby repealed. 19,149
Section 30. (A) As used in this section, "pilot project 19,151
area" means the school districts included in the territory of the 19,152
former community school pilot project established by former 19,153
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly. 19,154
(B) Any teacher or nonteaching employee of a school 19,156
district in the pilot project area who, on the effective date of 19,157
this section, is taking a leave of absence from the district 19,158
pursuant to a policy adopted under former Section 50.52.13 of 19,159
that act to work at a community school established under the 19,160
pilot project and located in another school district may continue 19,161
the leave under the terms of that policy and former section. 19,162
Upon termination of the leave, the district shall return the 19,163
teacher or nonteaching employee to a position, salary, and level 19,164
of seniority as required by that former section. 19,165
(C) During the first year of operation of a community 19,167
school in the pilot project area, the Department of Education 19,168
shall pay each school district in the pilot project area, for 19,169
398
each student enrolled in the community school who is otherwise 19,171
entitled to attend school in the district under section 3313.64 19,172
or 3313.65 of the Revised Code, 50 per cent of the district's per 19,173
pupil state funds. For this purpose, "per pupil state funds" 19,174
means the sum of the amounts computed for the district under 19,175
divisions (A), (C)(1), (E), and (F) of section 3313.022 of the 19,176
Revised Code plus any payments received under section 3317.0212 19,177
of the Revised Code, divided by the district's formula ADM 19,178
certified under section 3317.03 of the Revised Code. The 19,179
payments made under this division are in addition to all other
payments made under Chapter 3317. of the Revised Code to any 19,180
school district in the pilot project area. This division applies 19,181
only in fiscal years 2000 and 2001. 19,182
Section 31. Every school district shall identify by 19,184
November 15, 2000, any gifted student enrolled as of January 1, 19,185
2000, in grades kindergarten through eleven in the district. 19,186
Section 32. (A) The Ohio School Facilities Commission may 19,188
commit up to thirty-five million dollars to the Canton City 19,189
School District for construction of a facility described in this 19,191
section, in lieu of a high school that would otherwise be 19,192
authorized under Chapter 3318. of the Revised Code. The
commission shall not commit funds under this section unless all 19,193
of the following conditions are met: 19,194
(1) The district has entered into a cooperative agreement 19,196
with a state-assisted technical college; 19,197
(2) The district has received an irrevocable commitment of 19,199
additional funding from nonpublic sources; 19,200
(3) The facility is intended to serve both secondary and 19,202
postsecondary instructional purposes. 19,203
(B) The commission shall enter into an agreement with the 19,205
district for the construction of the facility authorized under 19,206
this section that is separate from and in addition to the 19,207
agreement required for the district's participation in the 19,208
Classroom Facilities Assistance Program under section 3318.08 of 19,209
399
the Revised Code. Notwithstanding that section and sections 19,210
3318.03, 3318.04, and 3318.083 of the Revised Code, the 19,212
additional agreement shall provide but not be limited to the 19,213
following:
(1) The commission shall not have any oversight 19,215
responsibilities over the construction of the facility; 19,216
(2) The facility need not comply with the specifications 19,218
for plans and materials for high schools adopted by the 19,219
commission;
(3) The commission may decrease the basic project cost 19,221
that would otherwise be calculated for a high school under 19,223
Chapter 3318. of the Revised Code;
(4) The state shall not share in any increases in the 19,225
basic project cost for the facility above the amount authorized 19,226
under this section.
All other provisions of Chapter 3318. of the Revised Code 19,228
apply to the approval and construction of a facility authorized 19,230
under this section.
The state funds committed to the facility authorized by 19,232
this section shall be part of the total amount the state commits 19,233
to the Canton City School District under Chapter 3318. of the 19,234
Revised Code. All additional state funds committed to the Canton 19,235
City School District for classroom facilities assistance shall be 19,236
subject to all provisions of Chapter 3318. of the Revised Code. 19,237
Section 33.* Not later than four years after the effective 19,239
date of this section, the Board of Regents shall determine the 19,240
cost of upgrading facilities at public universities in this state 19,241
that likely would be used if the City of Cincinnati were awarded 19,242
the summer olympic games. Upon completion of the cost 19,243
determination, the board shall submit a written report of its 19,244
findings to the Governor, the President of the Senate, the 19,245
Speaker of the House of Representatives, and to each member of 19,246
the legislative authority of the City of Cincinnati. 19,247
Section 34. The Governor shall fill the first vacancy 19,249
400
occurring on the State Lottery Commission on or after the 19,250
effective date of section 3770.01 of the Revised Code, as amended 19,251
by this act, with a person who represents an organization that 19,252
deals with problem gambling and assists recovering gambling 19,253
addicts.
Section 35.* On the effective date of this section, the 19,255
Ohio SchoolNet Office is abolished and all of its functions, and 19,256
assets and liabilities, are transferred to the Ohio SchoolNet 19,257
Commission. The Ohio SchoolNet Commission is thereupon and 19,258
thereafter successor to, assumes the obligations of, and 19,259
otherwise constitutes the continuation of the Ohio SchoolNet 19,260
Office.
Any business commenced but not completed by the Ohio 19,262
SchoolNet Office or its director on the effective date of this 19,263
section shall be completed by the Ohio SchoolNet Commission or 19,264
its executive director in the same manner, and with the same 19,265
effect, as if completed by the Ohio SchoolNet Office or its 19,266
director. No validation, cure, right, privilege, remedy, 19,267
obligation, or liability is lost or impaired by reason of the 19,268
transfer required by this section and shall be administered by 19,269
the Ohio SchoolNet Commission. All of the Ohio SchoolNet 19,270
Office's rules, orders, and determinations continue in effect as 19,271
rules, orders, and determinations of the Ohio SchoolNet 19,272
Commission, until modified or rescinded by the Ohio SchoolNet 19,273
Commission. If necessary to ensure the integrity of the 19,274
numbering of the Administrative Code the Director of the 19,275
Legislative Service Commission shall renumber the Ohio SchoolNet 19,276
Office's rules to reflect their transfer to the Ohio SchoolNet 19,277
Commission.
Subject to the lay-off provisions of sections 124.321 to 19,279
124.328 of the Revised Code, all of the employees of the Ohio 19,280
SchoolNet Office are transferred to the Ohio SchoolNet Commission 19,281
and retain their positions and all of the benefits accruing 19,282
thereto.
401
Whenever the Ohio SchoolNet Office or its director is 19,284
referred to in any law, contract, or other document, the 19,285
reference shall be deemed to refer to the Ohio SchoolNet 19,286
Commission or its executive director, whichever is appropriate. 19,287
No action or proceeding pending on the effective date of 19,289
this section is affected by the transfer, and shall be prosecuted 19,290
or defended in the name of the Ohio SchoolNet Commission or its 19,291
executive director. In all such actions and proceedings, the 19,292
Ohio SchoolNet Commission or its executive director upon 19,293
application to the court shall be substituted as a party. 19,294
Section 36. Except as otherwise specifically provided in 19,296
this act, the codified sections of law amended or enacted in this 19,297
act, and the items of law of which the codified sections of law 19,298
amended or enacted in this act are composed, are subject to the 19,299
referendum. Therefore, under Ohio Constitution, Article II, 19,300
Section 1c and section 1.471 of the Revised Code, the codified 19,301
sections of law amended or enacted by this act, and the items of 19,302
law of which the codified sections of law as amended or enacted 19,303
by this act are composed, take effect on the ninety-first day 19,304
after this act is filed with the Secretary of State. If, 19,305
however, a referendum petition is filed against any such codified 19,306
section of law as amended or enacted by this act, or against any 19,307
item of law of which any such codified section of law as amended 19,308
or enacted by this act is composed, the codified section of law 19,309
as amended or enacted, or item of law, unless rejected at the 19,310
referendum, takes effect at the earliest time permitted by law. 19,311
Section 37. Except as otherwise specifically provided in 19,313
this act, the repeal by this act of a codified section of law is 19,314
subject to the referendum. Therefore, under Ohio Constitution, 19,315
Article II, Section 1c and section 1.471 of the Revised Code, the 19,316
repeal by this act of a codified section of law takes effect on 19,317
the ninety-first day after this act is filed with the Secretary 19,318
of State. If, however, a referendum petition is filed against 19,319
any such repeal, the repeal, unless rejected at the referendum, 19,320
402
takes effect at the earliest time permitted by law. 19,321
Section 38. Sections 3302.01, 3302.02, 3314.03, 3314.05, 19,323
3314.06, 3314.071, 3314.08, 3314.09, 3314.11, 3314.12, 3314.13, 19,325
3314.15, 3316.05, 3316.06, 3317.014, 3317.02, 3317.022, 3317.023, 19,327
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, 19,330
3332.07, 3333.12, 3333.27, 4117.101, and 5910.032 of the Revised
Code as amended or enacted by this act, and the items of law of 19,331
which such sections as amended or enacted by this act are 19,332
composed, are not subject to the referendum. Therefore, under 19,333
Ohio Constitution, Article II, Section 1d and section 1.471 of 19,334
the Revised Code, such sections as amended or enacted by this 19,335
act, and the items of law of which such sections as amended or 19,336
enacted by this act are composed, go into immediate effect when 19,337
this act becomes law. 19,338
Section 39. The repeal by this act of sections 3317.053 19,340
and 3317.16 of the Revised Code is not subject to the referendum. 19,341
Therefore, under Ohio Constitution, Article II, Section 1d and 19,342
section 1.471 of the Revised Code, the repeals go into immediate 19,343
effect when this act becomes law. 19,344
Section 40. (A) The amendments by this act to division 19,346
(F) of section 5919.34 of the Revised Code constitute an item of 19,347
law that is subject to the referendum. Therefore, under Ohio 19,348
Constitution, Article II, Section 1c and section 1.471 of the 19,349
Revised Code, this item of law takes effect on the ninety-first 19,350
day after this act is filed with the Secretary of State. If, 19,351
however, a referendum petition is filed against the item of law, 19,352
the item of law, unless rejected at the referendum, takes effect 19,353
at the earliest time permitted by law. 19,354
(B) The amendments by this act to section 5919.34 of the 19,356
Revised Code, except for the amendments to division (F) of the 19,357
section, constitute an item of law that is not subject to the 19,358
referendum. Therefore, under Ohio Constitution, Article II, 19,359
Section 1d and section 1.471 of the Revised Code, this item of 19,360
403
law goes into immediate effect when this act becomes law. 19,361
Section 41. Except as otherwise specifically provided in 19,363
this act, the uncodified sections of law amended or enacted in 19,364
this act, and the items of law of which the uncodified sections 19,365
of law amended or enacted in this act are composed, are not 19,366
subject to the referendum. Therefore, under Ohio Constitution, 19,367
Article II, Section 1d and section 1.471 of the Revised Code, the 19,368
uncodified sections of law amended or enacted in this act, and 19,369
the items of law of which the uncodified sections of law amended 19,370
or enacted in this act are composed, go into immediate effect 19,371
when this act becomes law. 19,372
Section 42. Uncodified sections of law amended or enacted 19,374
in this act, and items of law contained within the uncodified 19,375
sections of law amended or enacted in this act, that are marked 19,376
with an asterisk are subject to the referendum. Therefore, under 19,377
Ohio Constitution, Article II, Section 1c and section 1.471 of 19,378
the Revised Code, the uncodified sections and items of law marked 19,379
with an asterisk take effect on the ninety-first day after this 19,380
act is filed with the Secretary of State. If, however, a 19,381
referendum petition is filed against an uncodified section or 19,382
item of law marked with an asterisk, the uncodified section or 19,383
item of law marked with an asterisk, unless rejected at the 19,384
referendum, takes effect at the earliest time permitted by law. 19,385
If the amending and existing repeal clauses commanding an 19,387
amendment of an uncodified section of law are both marked with 19,388
asterisks, the uncodified section as amended is deemed also to 19,390
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law 19,392
has the form *. 19,393
This section defines the meaning and form of, but is not 19,395
itself to be considered marked with, an asterisk. 19,396
Section 43. If the amendment or enactment in this act of a 19,398
codified or uncodified section of law is subject to the 19,399
referendum, the corresponding indications in the amending, 19,400
404
enacting, or existing repeal clauses commanding the amendment or 19,401
enactment also are subject to the referendum, along with the 19,402
amendment or enactment. If the amendment or enactment by this 19,403
act of a codified or uncodified section of law is not subject to 19,404
the referendum, the corresponding indications in the amending, 19,405
enacting, or existing repeal clauses commanding the amendment or 19,406
enactment also are not subject to the referendum, the same as the 19,407
amendment or enactment. 19,408
Section 44. An item, other than an amending, enacting, or 19,410
repealing clause, that composes the whole or part of an 19,411
uncodified section contained in this act has no effect after June 19,412
30, 2001, unless its context clearly indicates otherwise. 19,413
Section 45. Section 3316.06 of the Revised Code is 19,415
presented in this act as a composite of the section as amended by 19,416
both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General 19,417
Assembly, with the new language of neither of the acts shown in 19,419
capital letters. This is in recognition of the principle stated 19,420
in division (B) of section 1.52 of the Revised Code that such 19,421
amendments are to be harmonized where not substantively 19,422
irreconcilable and constitutes a legislative finding that such is 19,423
the resulting version in effect prior to the effective date of 19,424
this act.
Section 46. If any item of law that constitutes the whole 19,426
or part of a codified or uncodified section of law contained in 19,427
this act, or if any application of any item of law that 19,428
constitutes the whole or part of a codified or uncodified section 19,429
of law contained in this act, is held invalid, the invalidity 19,430
does not affect other items of law or applications of item of law 19,431
that can be given effect without the invalid item of law or
application. To this end, the items of law of which the codified 19,432
and uncodified sections contained in this act are composed, and 19,433
their applications, are independent and severable. 19,434