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                 

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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.                         

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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                

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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.                                                                     

                                                          10     


                                                                 
      (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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
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