As Passed by the House* 1
123rd General Assembly 4
Regular Session Am. 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-COUGHLIN-HARRIS-EVANS 10
_________________________________________________________________ 11
A B I L L
To amend sections 9.90, 125.05, 3301.80, 3301.801, 13
3302.01, 3302.02, 3302.07, 3311.213, 3313.603, 14
3313.608, 3314.02, 3314.03, 3314.05, 3314.06, 16
3314.08, 3314.09, 3314.11, 3314.12, 3314.13,
3315.17, 3316.05, 3316.06, 3317.01, 3317.02, 17
3317.022, 3317.023, 3317.024, 3317.029, 18
3317.0212, 3317.0213, 3317.0216, 3317.03, 19
3317.033, 3317.05, 3317.051, 3317.06, 3317.162, 22
3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 23
3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 25
3318.15, 3318.16, 3318.17, 3318.18, 3318.21,
3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 26
3319.22, 3319.235, 3332.05, 3332.07, 3333.04, 27
3333.12, 3333.27, 3345.22, 3770.01, 3770.06,
4117.101, 5705.29, 5705.412, 5747.01, 5910.032, 28
and 5919.34; to enact new section 3317.16 and 30
sections 3301.0726, 3314.011, 3314.021, 3314.071, 31
3314.15, 3317.014, 3318.021, 3318.032, 3318.083,
3318.33, 3318.36, and 3324.01 to 3324.06; and to 33
repeal sections 3313.21, 3317.0214, 3317.053, 34
3317.16, 3318.23, 3318.24, and 3318.27 of the 35
Revised Code and to amend Section 45.32 of Am. 36
Sub. H.B. 117 of the 121st General Assembly, as 37
subsequently amended; to amend Section 50.52.2 of 38
Am. Sub. H.B. 215 of the 122nd General Assembly; 39
to amend Section 18 of Am. Sub. H.B. 650 of the
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122nd General Assembly, as subsequently amended; 40
to amend Sections 6, 26, 30.07, 30.10, 30.43, and 41
31 of Am. Sub. H.B. 850 of the 122nd General 42
Assembly; to repeal Sections 50.52.1, 50.52.3,
50.52.6, 50.52.8, 50.52.11, and 50.52.13 of Am. 43
Sub. H.B. 215 of the 122nd General Assembly; and
to repeal Sections 50.52.4, 50.52.5, 50.52.7, 44
50.52.9, and 50.52.10 of Am. Sub. H.B. 215 of the 45
122nd General Assembly, as subsequently amended,
to make appropriations for education programs for 46
the biennium beginning July 1, 1999, and ending 47
June 30, 2001, and to provide authorization and
conditions for the operation of those programs. 48
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 50
Section 1. That sections 9.90, 125.05, 3301.80, 3301.801, 52
3302.01, 3302.02, 3302.07, 3311.213, 3313.603, 3313.608, 3314.02, 54
3314.03, 3314.05, 3314.06, 3314.08, 3314.09, 3314.11, 3314.12, 55
3314.13, 3315.17, 3316.05, 3316.06, 3317.01, 3317.02, 3317.022, 56
3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0216, 57
3317.03, 3317.033, 3317.05, 3317.051, 3317.06, 3317.162, 3317.51, 58
3318.01, 3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 3318.082, 59
3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 3318.18, 3318.21, 60
3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 61
3332.05, 3332.07, 3333.04, 3333.12, 3333.27, 3345.22, 3770.01, 62
3770.06, 4117.101, 5705.29, 5705.412, 5747.01, 5910.032, and 64
5919.34 be amended and new section 3317.16 and sections
3301.0726, 3314.011, 3314.021, 3314.071, 3314.15, 3317.014, 65
3318.021, 3318.032, 3318.083, 3318.33, 3318.36, 3324.01, 3324.02, 67
3324.03, 3324.04, 3324.05, and 3324.06 of the Revised Code be 69
enacted to read as follows: 70
Sec. 9.90. (A) The governing board of any public 79
institution of higher education, including without limitation 80
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state universities and colleges, community college districts, 81
university branch districts, technical college districts, and 82
municipal universities, or the board of education of any school 83
district, may, in addition to all other powers provided in the 84
Revised Code: 85
(1) Contract for, purchase, or otherwise procure from an 87
insurer or insurers licensed to do business by the state of Ohio 88
for or on behalf of such of its employees as it may determine, 89
life insurance, or sickness, accident, annuity, endowment, 90
health, medical, hospital, dental, or surgical coverage and 91
benefits, or any combination thereof, by means of insurance plans 92
or other types of coverage, family, group or otherwise, and may 93
pay from funds under its control and available for such purpose 94
all or any portion of the cost, premium, or charge therefor; FOR 96
SUCH INSURANCE, COVERAGE, OR BENEFITS. HOWEVER, THE GOVERNING
BOARD, IN ADDITION TO OR AS AN ALTERNATIVE TO THE AUTHORITY 97
OTHERWISE GRANTED BY DIVISION (A)(1) OF THIS SECTION, MAY ELECT 98
TO PROCURE COVERAGE FOR HEALTH CARE SERVICES, FOR OR ON BEHALF OF 99
SUCH OF ITS EMPLOYEES AS IT MAY DETERMINE, BY MEANS OF POLICIES, 100
CONTRACTS, CERTIFICATES, OR AGREEMENTS ISSUED BY AT LEAST TWO 101
HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY 102
UNDER CHAPTER 1751. OF THE REVISED CODE AND MAY PAY FROM FUNDS 104
UNDER THE GOVERNING BOARD'S CONTROL AND AVAILABLE FOR SUCH 105
PURPOSE ALL OR ANY PORTION OF THE COST OF SUCH COVERAGE. 106
(2) Make payments to a custodial account for investment in 108
regulated investment company stock for the purpose of providing 109
retirement benefits as described in section 403(b)(7) of the 110
Internal Revenue Code of 1954, as amended. Such stock shall be 111
purchased only from persons authorized to sell such stock in this 112
state. 113
Any income of an employee deferred under divisions (A)(1) 115
and (2) of this section in a deferred compensation program 116
eligible for favorable tax treatment under the Internal Revenue 117
Code of 1954, as amended, shall continue to be included as 118
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regular compensation for the purpose of computing the 119
contributions to and benefits from the retirement system of such 120
employee. Any sum so deferred shall not be included in the 121
computation of any federal and state income taxes withheld on 122
behalf of any such employee. 123
(B) All or any portion of the cost, premium, or charge 125
therefor may be paid in such other manner or combination of 126
manners as the governing board or the school board may determine, 127
including direct payment by the employee in cases under division 128
(A)(1) of this section, and, if authorized in writing by the 129
employee in cases under division (A)(1) or (2) of this section, 130
by such governing board or school board with moneys made 131
available by deduction from or reduction in salary or wages or by 132
the foregoing of a salary or wage increase. Division (B)(7) of 133
section 3917.01 and the last paragraph of section 3917.06 of the 134
Revised Code shall not prohibit the issuance or purchase of group 135
life insurance authorized by this section by reason of payment of 136
premiums therefor by the governing board or the school board from 137
its funds, and such group life insurance may be so issued and 138
purchased if otherwise consistent with the provisions of sections 139
3917.01 to 3917.07 of the Revised Code. 140
Sec. 125.05. Except as provided in division (E) of this 149
section, no state agency shall purchase any supplies or services 151
except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state 153
agency may, without competitive selection, make any purchase of 154
services that cost fifty thousand dollars or less or any purchase 155
of supplies that cost twenty-five thousand dollars or less. The 156
agency may make the purchase directly or may make the purchase 157
from or through the department of administrative services,
whichever the agency determines. The department shall establish 160
written procedures to assist state agencies when they make direct 162
purchases. If the agency makes the purchase directly, it shall 163
make the purchase by a term contract whenever possible.
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(B) Subject to division (D) of this section, a state 165
agency wanting to purchase services that cost more than fifty 167
thousand dollars or supplies that cost more than twenty-five 168
thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department 169
shall make the purchase by competitive selection under section 170
125.07 of the Revised Code. If the director of administrative 171
services determines that it is not possible or not advantageous 172
to the state for the department to make the purchase, the 173
department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 174
127.16 of the Revised Code does not apply to purchases the 175
department makes under this section. 176
(C) An agency that has been granted a release and permit 178
to make a purchase may make the purchase without competitive 179
selection if after making the purchase the cumulative purchase 180
threshold as computed under division (F) of section 127.16 of the 181
Revised Code would:
(1) Be exceeded and the controlling board approves the 183
purchase;
(2) Not be exceeded and the department of administrative 185
services approves the purchase. 186
(D) Not later than January 31, 1997, the amounts specified 189
in divisions (A) and (B) of this section and, not later than the 190
thirty-first day of January of each second year thereafter, any 191
amounts computed by adjustments made under this division, shall 192
be increased or decreased by the average percentage increase or
decrease in the consumer price index prepared by the United 193
States bureau of labor statistics (U.S. City Average for Urban 195
Wage Earners and Clerical Workers: "All Items 1982-1984=100") 196
for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately 197
preceding twenty-four calendar month period, as reported by the 198
bureau. The director of administrative services shall make this 199
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determination and adjust the appropriate amounts accordingly. 200
(E) If the office of information, learning, and technology 202
services; OHIO SCHOOLNET COMMISSION, the department of 204
education;, or the Ohio education computer network determines 206
that it can purchase software services or supplies for specified 207
school districts at a price less than the price for which the
districts could purchase the same software services or supplies 208
for themselves, the office, department, or network shall certify 209
that fact to the department of administrative services and, 210
acting as an agent for the specified school districts, shall make 211
that purchase without following the provisions in divisions (A) 212
through TO (D) of this section.
Sec. 3301.0726. THE DEPARTMENT OF EDUCATION SHALL DEVELOP 214
A PACKET OF HIGH SCHOOL INSTRUCTIONAL MATERIALS ON PERSONAL 215
FINANCIAL RESPONSIBILITY, INCLUDING INSTRUCTIONAL MATERIALS ON 216
THE AVOIDANCE OF CREDIT CARD ABUSE, AND SHALL DISTRIBUTE THAT 217
PACKET TO ALL SCHOOL DISTRICTS. THE BOARD OF EDUCATION OF ANY 218
SCHOOL DISTRICT MAY ADOPT PART OR ALL OF THE MATERIALS INCLUDED 219
IN THE PACKET FOR INCORPORATION INTO THE DISTRICT'S CURRICULUM. 220
Sec. 3301.80. (A) There is hereby created the Ohio 229
SchoolNet commission consisting AS AN INDEPENDENT AGENCY. THE 233
COMMISSION SHALL ADMINISTER PROGRAMS TO PROVIDE FINANCIAL AND 234
OTHER ASSISTANCE TO SCHOOL DISTRICTS AND OTHER EDUCATIONAL 235
INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION OF EDUCATIONAL 236
TECHNOLOGY.
THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY 238
OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE 239
STATE.
(B)(1) THE COMMISSION SHALL CONSIST of eleven members, 242
seven of whom are voting members. Of the voting members, one 244
shall be appointed by the speaker of the house of representatives 245
and one shall be appointed by the president of the senate. The 246
members appointed by the speaker of the house and the president 247
of the senate shall not be members of the general assembly. The
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state superintendent of public instruction or a designee of the 248
superintendent, the director of the office of budget and 249
management or a designee of the director, the director of 251
administrative services or a designee of the director, the 252
chairperson of the public utilities commission or a designee of
the chairperson, and the director of the Ohio educational 253
telecommunications network commission or a designee of the 254
director shall serve on the commission as ex officio voting 256
members. Of the nonvoting members, two shall be members of the 257
house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed 258
by the president of the senate. The members appointed from each 259
house shall not be members of the same political party. 260
(2) THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. THE 262
VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 263
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE 264
REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT 265
GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 266
OFFICIAL DUTIES.
(3) The terms of office for the members appointed by the 268
speaker of the house and the president of the senate shall be for 270
two years, with each term ending on the same day of the same 271
month as did the term that it succeeds. The members appointed by 272
the speaker of the house and the president of the senate may be 273
reappointed. Any member appointed from the house of 274
representatives or senate who ceases to be a member of the 275
legislative house from which the member was appointed shall cease 276
to be a member of the committee COMMISSION. Vacancies among 277
appointed members shall be filled in the manner provided for 278
original appointments. Any member appointed to fill a vacancy 279
occurring prior to the expiration date of the term for which a 280
predecessor was appointed shall hold office as a member for the
remainder of that term. The members appointed by the speaker of 282
the house and the president of the senate shall continue in 283
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office subsequent to the expiration date of that member's term 284
until a successor takes office or until a period of sixty days
has elapsed, whichever occurs first. 285
The Ohio SchoolNet commission shall monitor and oversee the 289
operations of, and programs administered by, the Ohio SchoolNet 291
office established under division (B) of this section. In 292
addition, the commission may develop and issue policies and 293
directives to be followed by the Ohio SchoolNet office in 295
implementing the programs under its jurisdiction. 296
(B) The Ohio SchoolNet office is hereby established as an 299
independent agency. (C)(1) The office COMMISSION shall be under 300
the supervision of a AN EXECUTIVE director who shall be appointed 302
by the Ohio SchoolNet commission. The EXECUTIVE director shall 304
serve at the pleasure of the commission and shall direct the 306
office COMMISSION EMPLOYEES in the administration of all programs 308
for the provision of financial and other assistance to school 309
districts and other educational institutions for the acquisition 310
and utilization of educational technology. The
(2) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 313
BE PLACED IN THE UNCLASSIFIED SERVICE. THE COMMISSION SHALL FIX 314
THE COMPENSATION OF THE EXECUTIVE DIRECTOR. THE EXECUTIVE 315
DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES 316
AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE 317
COMMISSION. THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE 318
EXECUTIVE DIRECTOR.
(3) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 321
BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE 323
PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED 325
CODE.
(D) THE Ohio SchoolNet office COMMISSION shall do all of 328
the following: 329
(1) Make grants to institutions and other organizations as 331
prescribed by the general assembly for the provision of technical 332
assistance, professional development, and other support services 333
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to enable school districts, COMMUNITY SCHOOLS ESTABLISHED UNDER 334
CHAPTER 3314. OF THE REVISED CODE, and other educational 336
institutions to utilize educational technology;
(2) Contract with the department of education, state 338
institutions of higher education, private nonprofit institutions 339
of higher education holding certificates of authorization under 340
section 1713.02 of the Revised Code, and such other public or 341
private entities, and employ such persons as the EXECUTIVE 342
director of the office deems necessary for the administration and 343
implementation of the programs under the office's COMMISSION'S 345
jurisdiction;
(3) Establish a reporting system to which school 347
districts, COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF 348
THE REVISED CODE, and other educational institutions receiving 350
financial assistance pursuant to this section for the acquisition 351
of educational technology report information as to the manner in 352
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being 353
utilized, the results or outcome of this utilization, and other 354
information as may be required by the office COMMISSION; 355
(4) Establish necessary guidelines governing purchasing 357
and procurement by participants in programs administered by the 358
office COMMISSION that facilitate the timely and effective 360
implementation of such programs;
(5) Implement TAKE INTO CONSIDERATION THE EFFICIENCY AND 362
COST SAVINGS OF STATEWIDE PROCUREMENT PRIOR TO ALLOCATING AND 364
RELEASING FUNDS FOR ANY PROGRAMS UNDER ITS ADMINISTRATION. 365
(E)(1) THE EXECUTIVE DIRECTOR SHALL IMPLEMENT policies and 368
directives issued by the Ohio SchoolNet commission established 371
under division (A) of this section.
(2) The Ohio SchoolNet office COMMISSION may establish a 374
systems support network to facilitate the timely implementation 375
of the programs, projects, or activities for which it provides 376
assistance.
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(3) Chapters 123., 124., 125., and 153., and sections 378
9.331, 9.332, and 9.333 of the Revised Code do not apply to 379
contracts, programs, projects, or activities of the Ohio 381
SchoolNet commission or Ohio SchoolNet office. 382
For purposes of exercising collective bargaining rights 384
under Chapter 4117. of the Revised Code, the employees of the 386
Ohio SchoolNet office shall be placed in a bargaining unit 389
separate from any other unit containing employees of the state. 390
Sec. 3301.801. The office of information, learning, and 399
technology services OHIO SCHOOLNET COMMISSION shall create and 401
maintain a clearinghouse for classroom teachers, INCLUDING ANY 402
CLASSROOM TEACHERS EMPLOYED BY COMMUNITY SCHOOLS ESTABLISHED 403
UNDER CHAPTER 3314. OF THE REVISED CODE, to easily obtain lesson 404
plans and materials and other practical resources for use in 405
classroom teaching. The office COMMISSION shall develop a method 406
of obtaining submissions, from classroom teachers and others, of 408
such plans, materials, and other resources that have been used in 409
the classroom and that can be readily used and implemented by 410
classroom teachers in their regular teaching activities. The 411
office COMMISSION also shall develop methods of informing 412
classroom teachers of both the availability of such plans, 414
materials, and other resources, and of the opportunity to submit 415
such plans, materials, and other resources and other classroom 416
teaching ideas to the clearinghouse. 417
The office COMMISSION shall periodically report to the 419
speaker and minority leader of the house of representatives, the 421
president and minority leader of the senate, and the chairpersons 422
and ranking minority members of the education committees of the 423
senate and the house of representatives regarding the
clearinghouse and make recommendations for changes in state law 424
or administrative rules that may facilitate the usefulness of the 425
clearinghouse.
Sec. 3302.01. As used in this chapter: 434
(A) "Dropout rate" means one minus the graduation rate A 436
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
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superintendent of public instruction. 473
(D) "Three-year average" means the average of the most 475
recent consecutive three years of data. 476
(E) "Required level of improvement" means at least one 479
standard unit of improvement on at least the percentage of 480
performance standards required to demonstrate overall 481
improvement, in accordance with the rule approved under division 482
(A) of section 3302.04 of the Revised Code. 483
Sec. 3302.02. The following are the expected state 492
performance standards for school districts: 493
(A) A three NINETY per cent dropout GRADUATION rate; 496
(B) At least seventy-five per cent of fourth graders 498
proficient on the mathematics test prescribed by division (A)(1) 499
of section 3301.0710 of the Revised Code; 500
(C) At least seventy-five per cent of fourth graders 502
proficient on the reading test prescribed by division (A)(1) of 503
section 3301.0710 of the Revised Code; 504
(D) At least seventy-five per cent of fourth graders 506
proficient on the writing test prescribed by division (A)(1) of 507
section 3301.0710 of the Revised Code; 508
(E) At least seventy-five per cent of fourth graders 510
proficient on the citizenship test prescribed by division (A)(1) 511
of section 3301.0710 of the Revised Code; 512
(F) At least seventy-five per cent of ninth graders 514
proficient on the mathematics test prescribed by division (B) of 515
section 3301.0710 of the Revised Code; 516
(G) At least seventy-five per cent of ninth graders 518
proficient on the reading test prescribed by division (B) of 519
section 3301.0710 of the Revised Code; 520
(H) At least seventy-five per cent of ninth graders 522
proficient on the writing test prescribed by division (B) of 523
section 3301.0710 of the Revised Code; 524
(I) At least seventy-five per cent of ninth graders 526
proficient on the citizenship test prescribed by division (B) of 527
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section 3301.0710 of the Revised Code; 528
(J) At least eighty-five per cent of tenth graders 530
proficient on the mathematics test prescribed by division (B) of 531
section 3301.0710 of the Revised Code; 532
(K) At least eighty-five per cent of tenth graders 534
proficient on the reading test prescribed by division (B) of 535
section 3301.0710 of the Revised Code; 536
(L) At least eighty-five per cent of tenth graders 538
proficient on the writing test prescribed by division (B) of 539
section 3301.0710 of the Revised Code; 540
(M) At least eighty-five per cent of tenth graders 542
proficient on the citizenship test prescribed by division (B) of 543
section 3301.0710 of the Revised Code; 544
(N) At least sixty per cent of twelfth graders proficient 546
on the mathematics test prescribed by division (A)(3) of section 547
3301.0710 of the Revised Code; 548
(O) At least sixty per cent of twelfth graders proficient 550
on the reading test prescribed by division (A)(3) of section 551
3301.0710 of the Revised Code; 552
(P) At least sixty per cent of twelfth graders proficient 554
on the writing test prescribed by division (A)(3) of section 555
3301.0710 of the Revised Code; 556
(Q) At least sixty per cent of twelfth graders proficient 558
on the citizenship test prescribed by division (A)(3) of section 559
3301.0710 of the Revised Code; 560
(R) At least a ninety-three per cent attendance rate. 563
When sufficient data concerning the tests given pursuant to 566
division (A)(2) of section 3301.0710 of the Revised Code and the 568
science tests given pursuant to divisions (A)(1), (3), and (B) of 569
section 3301.0710 of the Revised Code are available for the 571
department of education to establish performance standards for 573
those tests, the department shall recommend a rule adding 575
standards to reflect these additional tests. The department 576
shall also recommend a rule when necessary to allow for the 578
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phasing out of the ninth grade proficiency test and its 579
replacement with a high school proficiency test pursuant to 580
section 3301.0710 of the Revised Code as amended by this act 581
AMENDED SUBSTITUTE SENATE BILL NO. 55 OF THE 122nd GENERAL 583
ASSEMBLY. The rules shall not recommend any standard be 585
established for passage of the fourth grade reading test that is 586
solely based on the test given in the fall for the purpose of
determining whether students have met the fourth grade guarantee 588
provisions of section 3313.608 of the Revised Code. 589
Rules recommended by the department under this section 592
shall not take effect unless approved by joint resolution of the 593
general assembly.
Sec. 3302.07. (A) The board of education of any school 602
district or, the governing board of any educational service 603
center, OR THE ADMINISTRATIVE AUTHORITY OF ANY CHARTERED 604
NONPUBLIC SCHOOL may submit to the state board of education an 605
application proposing an innovative education pilot program the 606
implementation of which requires exemptions from specific 607
statutory provisions or rules. If a district or service center 608
board employs teachers under a collective bargaining agreement 609
adopted pursuant to Chapter 4117. of the Revised Code, any 610
application submitted under this division shall include the 611
written consent of the teachers' employee representative 612
designated under division (B) of section 4117.04 of the Revised 613
Code. The exemptions requested in the application shall be 614
limited to any requirement of Title XXXIII of the Revised Code or 615
of any rule of the state board adopted pursuant to that title 616
except that the application may not propose an exemption from any 617
requirement of or rule adopted pursuant to Chapter 3307. or 618
3309., sections 3319.07 to 3319.21, or Chapter 3323. of the 619
Revised Code.
(B) The state board of education shall accept any 621
application submitted in accordance with division (A) of this 622
section. The superintendent of public instruction shall approve 623
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or disapprove the application in accordance with standards for 625
approval, which shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt 627
each district or service center board OR CHARTERED NONPUBLIC 628
SCHOOL ADMINISTRATIVE AUTHORITY with an application approved 629
under division (B) of this section for a specified period from 631
the statutory provisions or rules specified in the approved 632
application. The period of exemption shall not exceed the period 633
during which the pilot program proposed in the application is 634
being implemented and a reasonable period to allow for evaluation 635
of the effectiveness of the program. 636
Sec. 3311.213. (A) With the approval of the board of 645
education of a joint vocational school district which is in 646
existence, any school district in the county or counties 647
comprising the joint vocational school district or any school 648
district in a county adjacent to a county comprising part of a 649
joint vocational school district may become a part of the joint 650
vocational school district. On the adoption of a resolution of 651
approval by the board of education of the joint vocational school 652
district, it shall advertise a copy of such resolution in a 653
newspaper of general circulation in the school district proposing 654
to become a part of such joint vocational school district once 655
each week for at least two weeks immediately following the date 656
of the adoption of such resolution. Such resolution shall NOT 657
become legally effective on UNTIL the sixtieth LATER OF THE 658
SIXTY-FIRST day after its adoption unless prior to the expiration 660
of such sixty-day period qualified electors residing in the 661
school district proposed to become a part of the joint vocational 662
school district equal in number to a majority of the qualified 663
electors voting at the last general election file with such board 664
of education a petition of remonstrance against such transfer OR 665
UNTIL THE BOARD OF ELECTIONS CERTIFIES THE RESULTS OF AN ELECTION 666
IN FAVOR OF JOINING OF THE SCHOOL DISTRICT TO THE JOINT
VOCATIONAL SCHOOL DISTRICT IF SUCH AN ELECTION IS HELD UNDER 667
16
DIVISION (B) OF THIS SECTION. 668
(B) DURING THE SIXTY-DAY PERIOD FOLLOWING THE DATE OF THE 671
ADOPTION OF A RESOLUTION TO JOIN A SCHOOL DISTRICT TO A JOINT 673
VOCATIONAL SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION, 674
THE ELECTORS OF THE SCHOOL DISTRICT THAT PROPOSES JOINING THE 676
JOINT VOCATIONAL SCHOOL DISTRICT MAY PETITION FOR A REFERENDUM 677
VOTE ON THE RESOLUTION. THE QUESTION WHETHER TO APPROVE OR 678
DISAPPROVE THE RESOLUTION SHALL BE SUBMITTED TO THE ELECTORS OF 679
SUCH SCHOOL DISTRICT IF A NUMBER OF QUALIFIED ELECTORS EQUAL TO 680
TWENTY PER CENT OF THE NUMBER OF ELECTORS IN THE SCHOOL DISTRICT 681
WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE MOST RECENT GENERAL 682
ELECTION FOR THAT OFFICE SIGN A PETITION ASKING THAT THE QUESTION 683
OF WHETHER THE RESOLUTION SHALL BE DISAPPROVED BE SUBMITTED TO 684
THE ELECTORS. THE PETITION SHALL BE FILED WITH THE BOARD OF 685
ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. 686
IF THE SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 688
PETITION SHALL BE FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY 689
IN WHICH THE MAJORITY OF THE TERRITORY OF THE SCHOOL DISTRICT IS 690
LOCATED. THE BOARD SHALL CERTIFY THE VALIDITY AND SUFFICIENCY OF 692
THE SIGNATURES ON THE PETITION. 693
THE BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE BOARD 696
OF EDUCATION OF THE JOINT VOCATIONAL SCHOOL DISTRICT AND THE 697
BOARD OF EDUCATION OF THE SCHOOL DISTRICT THAT PROPOSES JOINING 698
THE JOINT VOCATIONAL SCHOOL DISTRICT THAT THE PETITION HAS BEEN 699
FILED.
THE EFFECT OF THE RESOLUTION SHALL BE STAYED UNTIL THE 701
BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND SUFFICIENCY OF THE 702
SIGNATURES ON THE PETITION. IF THE BOARD OF ELECTIONS DETERMINES 704
THAT THE PETITION DOES NOT CONTAIN A SUFFICIENT NUMBER OF VALID 705
SIGNATURES AND SIXTY DAYS HAVE PASSED SINCE THE ADOPTION OF THE 706
RESOLUTION, THE RESOLUTION SHALL BECOME EFFECTIVE. 707
IF THE BOARD OF ELECTIONS CERTIFIES THAT THE PETITION 709
CONTAINS A SUFFICIENT NUMBER OF VALID SIGNATURES, THE BOARD SHALL 711
SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE SCHOOL 712
17
DISTRICT ON THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION HELD 715
AT LEAST SEVENTY-FIVE DAYS AFTER BUT NO LATER THAN SIX MONTHS 716
AFTER THE BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND 717
SUFFICIENCY OF SIGNATURES ON THE PETITION. IF THERE IS NO 718
GENERAL OR PRIMARY ELECTION HELD AT LEAST SEVENTY-FIVE DAYS AFTER 719
BUT NO LATER THAN SIX MONTHS AFTER THE BOARD OF ELECTIONS 720
CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 721
PETITION, THE BOARD SHALL SUBMIT THE QUESTION TO THE ELECTORS AT 722
A SPECIAL ELECTION TO BE HELD ON THE NEXT DAY SPECIFIED FOR 723
SPECIAL ELECTIONS IN DIVISION (D) OF SECTION 3501.01 OF THE 724
REVISED CODE THAT OCCURS AT LEAST SEVENTY-FIVE DAYS AFTER THE
BOARD CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 725
PETITION. THE ELECTION SHALL BE CONDUCTED AND CANVASSED AND THE 726
RESULTS SHALL BE CERTIFIED IN THE SAME MANNER AS IN REGULAR 727
ELECTIONS FOR THE ELECTION OF MEMBERS OF A BOARD OF EDUCATION. 728
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION 730
DISAPPROVE THE RESOLUTION, THE RESOLUTION SHALL NOT BECOME 732
EFFECTIVE.
(C) If such THE resolution becomes legally effective, the 735
board of education of the joint vocational school district shall 736
notify the county auditor of the county in which the school 737
district becoming a part of the joint vocational school district 738
is located, who shall thereupon have any outstanding levy for 739
building purposes, bond retirement, or current expenses in force 740
in the joint vocational school district spread over the territory 741
of the school district becoming a part of the joint vocational 742
school district. On the addition of a city or exempted village 744
school district or an educational service center to the joint
vocational school district, pursuant to this section, the board 746
of education of such joint vocational school district shall 747
submit to the state board of education a proposal to enlarge the 748
membership of such board by the addition of one or more persons 749
at least one of whom shall be a member of the board of education 750
or governing board of such additional school district or 751
18
educational service center, and the term of each such additional 752
member. On the addition of a local school district to the joint 754
vocational school district, pursuant to this section, the board 755
of education of such joint vocational school district may submit 756
to the state board of education a proposal to enlarge the 757
membership of such board by the addition of one or more persons 758
who are members of the educational service center governing board 759
of such additional local school district. On approval by the 761
state board of education additional members shall be added to 762
such joint vocational school district board of education. 763
Sec. 3313.603. (A) As used in this section: 772
(1) "One unit" means a minimum of one hundred twenty hours 775
of course instruction, except that for a laboratory course, "one 777
unit" means a minimum of one hundred fifty hours of course 778
instruction.
(2) "One-half unit" means a minimum of sixty hours of 781
course instruction, except that for physical education courses, 782
"one-half unit" means a minimum of one hundred twenty hours of 783
course instruction.
(B) Beginning September 15, 2001, the requirements for 785
graduation from every high school shall include twenty-one units 787
earned in grades nine through twelve and shall be distributed as 788
follows:
(1) English language arts, four units; 790
(2) Health, one-half unit; 792
(3) Mathematics, three units; 794
(4) Physical education, one-half unit; 796
(5) Science, two units until September 15, 2003, and three 798
units thereafter, which at all times shall include both of the 799
following: 800
(a) Biological sciences, one unit; 803
(b) Physical sciences, one unit. 806
(6) Social studies, three units, which shall include both 808
of the following: 809
19
(a) American history, one-half unit; 812
(b) American government, one-half unit. 815
(7) Elective units, eight units until September 15, 2003, 817
and seven units thereafter. 818
Each student's electives shall include at least one unit, 820
or two half units, chosen from among the areas of 821
business/technology, fine arts, and/or foreign language. 822
(C) Every high school may permit students below the ninth 825
grade to take advanced work for credit. A high school shall 826
count such advanced work toward the graduation requirements of 827
division (B) of this section if the advanced work was both: 828
(1) Taught by a person who possesses a license or 830
certificate issued under section 3319.22 or 3319.222 of the 831
Revised Code that is valid for teaching high school; 833
(2) Designated by the board of education of the city, 835
local, or exempted village school district or, the board of the 836
cooperative education school district, OR THE GOVERNING AUTHORITY 838
OF THE CHARTERED NONPUBLIC SCHOOL as meeting the high school 839
curriculum requirements.
(D) Units earned in English language arts, mathematics, 842
science, and social studies that are delivered through integrated 843
academic and technical instruction are eligible to meet the 844
graduation requirements of division (B) of this section. 845
Sec. 3313.608. (A) Beginning with students who enter 854
fourth grade in the school year that starts July 1, 2001, no 857
city, exempted village, or local school district shall promote to 858
fifth grade any student who fails to attain the score designated 859
under division (A)(1) of section 3301.0710 of the Revised Code on 862
the test prescribed under that division to measure skill in 863
reading, unless either of the following applies: 864
(1) The pupil was excused from taking the test under 866
division (C)(1) of section 3301.0711 of the Revised Code; 868
(2) The pupil's principal and reading teacher agree that 870
the pupil is academically prepared, as determined pursuant to the 872
20
district policy adopted under section 3313.609 of the Revised 873
Code, to be promoted to fifth grade.
(B)(1) To assist students in meeting this fourth grade 875
guarantee established by this section, each city, exempted 876
village, and local school district shall adopt policies and 877
procedures with which it shall, beginning in the school year that 878
starts July 1, 1998, annually assess the reading skills of each 880
student at the end of first, second, and third grade and identify 881
students who are reading below their grade level. The policy and 882
procedures shall require the students' classroom teachers to be 883
involved in the assessment and the identification of students 884
reading below grade level. The district shall notify the parent 885
or guardian of each student whose reading skills are below grade 886
level and, in accordance with division (C) of this section, 888
provide intervention services to each student reading below grade 889
level.
(2) For each student identified as reading below grade 891
level at the end of third grade, the district shall offer intense 893
remediation services during the summer following third grade. 894
(3) For each student entering fourth grade after July 1, 896
2001, who does not attain by the end of the fourth grade the 897
score designated under division (A)(1) of section 3301.0710 of 899
the Revised Code on the test prescribed under that division to 902
measure skill in reading, the district also shall offer intense 903
remediation services, and another opportunity to take that test, 904
during the summer following fourth grade. 905
(C) For each student required to be offered remediation 908
services under this section, the district shall involve the 909
student's parent or guardian and classroom teacher in developing 910
the intervention strategy, and shall offer to the parent or 911
guardian the opportunity to be involved in the intervention 912
services.
(D) Beginning in the summer of 1999, in addition to the 914
remediation requirements of divisions (B) and (C) of this 915
21
section, every city, exempted village, or local school district 916
shall offer summer remediation to any student who has failed to 917
attain the designated scores on three or more of the five tests 918
described by division (A)(1) or (2) of section 3301.0710 of the 919
Revised Code.
(E) ANY SUMMER REMEDIATION SERVICES FUNDED IN WHOLE OR IN 922
PART BY THE STATE AND OFFERED BY SCHOOL DISTRICTS TO STUDENTS WHO
ARE IN DANGER OF BEING RETAINED IN GRADE LEVEL DUE TO FAILURE TO 924
PASS REQUIRED PROFICIENCY TESTS UNDER THIS SECTION SHALL MEET THE 925
FOLLOWING CONDITIONS:
(1) THE REMEDIATION METHODS ARE BASED ON RELIABLE 927
EDUCATIONAL RESEARCH. 928
(2) THE SCHOOL DISTRICTS CONDUCT TESTING BEFORE AND AFTER 930
STUDENTS PARTICIPATE IN THE PROGRAM TO FACILITATE MONITORING 931
RESULTS OF THE REMEDIATION SERVICES. 932
(3) THE PARENTS OF PARTICIPATING STUDENTS ARE INVOLVED IN 934
PROGRAMMING DECISIONS. 935
(4) THE SERVICES ARE CONDUCTED IN A SCHOOL BUILDING OR 937
COMMUNITY CENTER AND NOT ON AN AT-HOME BASIS. 938
Sec. 3314.011. EVERY COMMUNITY SCHOOL ESTABLISHED UNDER 940
THIS CHAPTER SHALL HAVE A DESIGNATED FISCAL OFFICER. THE AUDITOR 941
OF STATE MAY REQUIRE BY RULE THAT THE FISCAL OFFICER OF ANY 942
COMMUNITY SCHOOL, BEFORE ENTERING UPON DUTIES AS FISCAL OFFICER 943
OF THE SCHOOL, EXECUTE A BOND IN AN AMOUNT AND WITH SURETY TO BE 944
APPROVED BY THE GOVERNING AUTHORITY OF THE SCHOOL, PAYABLE TO THE 945
STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF ALL THE 946
OFFICIAL DUTIES REQUIRED OF THE FISCAL OFFICER. ANY SUCH BOND 947
SHALL BE DEPOSITED WITH THE GOVERNING AUTHORITY OF THE SCHOOL, 948
AND A COPY THEREOF, CERTIFIED BY THE GOVERNING AUTHORITY, SHALL 949
BE FILED WITH THE COUNTY AUDITOR. 950
Sec. 3314.02. (A) As used in this chapter: 959
(1) "Sponsor" means a city, local, exempted village, or 961
joint vocational board of education or the state board of 963
education PUBLIC ENTITY LISTED IN DIVISION (C)(1) OF THIS SECTION 964
22
with which the governing authority of the proposed community 966
school enters into a contract pursuant to this section.
(2) "Pilot project district AREA" means a THE school 969
district DISTRICTS included in the territory of a THE FORMER 970
community school pilot project established by FORMER Section 972
50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly. 973
(3) "CHALLENGED SCHOOL DISTRICT" MEANS ANY OF THE 976
FOLLOWING:
(a) A SCHOOL DISTRICT THAT IS PART OF THE PILOT PROJECT 978
AREA;
(b) A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC 980
EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE; 981
(c) A BIG EIGHT SCHOOL DISTRICT; 983
(d) AN URBAN SCHOOL DISTRICT. 985
(4) "Big eight school district" means a school district 988
that for fiscal year 1997 had both of the following: 989
(a) A percentage of children residing in the district and 992
participating in the predecessor of Ohio works first greater than 993
thirty per cent, as reported pursuant to section 3317.10 of the 994
Revised Code; 996
(b) An average daily membership greater than twelve 999
thousand, as reported pursuant to former division (A) of section 1,000
3317.03 of the Revised Code. 1,001
(4)(5) "New start-up school" means a community school 1,003
other than one created by converting all or part of an existing 1,005
public school, as designated in the school's contract pursuant to 1,006
division (A)(17) of section 3314.03 of the Revised Code. 1,007
(6) "URBAN SCHOOL DISTRICT" MEANS ONE OF THE STATE'S 1,009
TWENTY-ONE URBAN SCHOOL DISTRICTS AS DEFINED IN DIVISION (O) OF 1,010
SECTION 3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR 1,011
TO JULY 1, 1998.
(B) Any person or group of individuals may initially 1,014
propose under this division the conversion of all or a portion of 1,015
a public school to a community school. The proposal shall be 1,016
23
made to the board of education of a THE city, local, or exempted 1,018
village school district, other than a pilot project district, in 1,019
which the public school is proposed to be converted. Upon 1,020
receipt of a proposal, a board may enter into a preliminary 1,021
agreement with the person or group proposing the conversion of 1,022
the public school, indicating the intention of the board of 1,023
education to support the conversion to a community school. A 1,024
proposing person or group that has a preliminary agreement under 1,026
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a 1,027
contract with the board of education. Provided the proposing 1,028
person or group adheres to the preliminary agreement and all 1,029
provisions of this chapter, the board of education shall 1,030
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 1,031
section.
(C)(1) Any person or group of individuals may propose 1,034
under this division the establishment of a new start-up school to 1,035
be located in a big eight CHALLENGED school district other than a 1,036
pilot project district. Such THE proposal may be made to any of 1,038
the following public entities: 1,039
(a) The board of education of the big eight school 1,042
district in which the school is proposed to be located; 1,043
(b) The board of education of any joint vocational school 1,046
district with territory in the county in which IS LOCATED the 1,047
majority of the territory of that big eight THE district IN WHICH 1,048
THE SCHOOL is PROPOSED TO BE located; 1,049
(c) The board of education of any other city, local, or 1,052
exempted village school district having territory in the same 1,053
county in which that big eight WHERE THE district IN WHICH THE 1,054
SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its 1,055
territory;
(d) The state board of education; 1,057
(e) 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, THE 1,060
GOVERNING BOARD OF THE EDUCATIONAL SERVICE CENTER SERVING THE 1,061
COUNTY CONTAINING THE MAJORITY OF THE TERRITORY OF THE PILOT 1,063
PROJECT AREA;
(f) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 1,065
PROJECT AREA AND WILL BEGIN OPERATION PRIOR TO JUNE 30, 2000, A 1,066
SPONSORING AUTHORITY DESIGNATED BY THE BOARD OF TRUSTEES OF A 1,067
STATE UNIVERSITY LOCATED IN THE PILOT PROJECT AREA, OR THE BOARD 1,069
OF TRUSTEES ITSELF.
Such big eight district board, joint vocational board, 1,071
other school district board, or state board THE PUBLIC ENTITY may 1,072
enter into a preliminary agreement pursuant to division (C)(2) of 1,074
this section with the proposing person or group. 1,075
(2) A preliminary agreement indicates the intention of a 1,078
public entity described in division (C)(1) of this section to 1,080
sponsor the community school. A proposing person or group that 1,081
has such a preliminary agreement may proceed to finalize plans 1,082
for the school, establish a governing authority for the school, 1,083
and negotiate a contract with the public entity. Provided the
proposing person or group adheres to the preliminary agreement 1,085
and all provisions of this chapter, the public entity shall 1,086
negotiate in good faith to enter into a contract in accordance 1,087
with section 3314.03 of the Revised Code. 1,088
(3) A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL 1,090
DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY 1,091
UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN 1,092
EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF 1,093
ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN
THE SCHOOL AND A SPONSOR. 1,094
(D) A majority vote of a sponsoring school district board 1,096
and a majority vote of the members of the governing authority of 1,097
a community school shall be required to adopt a contract and 1,098
convert the public school to a community school or establish the 1,099
new start-up school. An unlimited number of community schools 1,101
25
may be established in any school district provided that a 1,103
contract is entered into for each community school pursuant to
this chapter. 1,104
Sec. 3314.021. IF THE DEPARTMENT OF EDUCATION RECEIVES ANY 1,106
APPLICATION PROPOSING A COMMUNITY SCHOOL TO BE LOCATED IN A CITY, 1,107
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT UNDER THIS CHAPTER, 1,108
THE DEPARTMENT SHALL SEND A NOTICE TO THE PRESIDENT OF THE BOARD 1,109
OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE COMMUNITY SCHOOL 1,110
WOULD BE LOCATED INFORMING THE BOARD OF THE APPLICATION. IF ANY 1,111
MEMBER OF THE BOARD OF EDUCATION REQUESTS A COPY OF THE 1,112
APPLICATION, THE DEPARTMENT SHALL FURNISH A COPY TO THAT MEMBER. 1,113
Sec. 3314.03. (A) Each contract entered into under 1,122
section 3314.02 of the Revised Code between a sponsor and the 1,123
governing authority of a community school shall specify the 1,124
following:
(1) That the school shall be established as a nonprofit 1,126
corporation established under Chapter 1702. of the Revised Code; 1,127
(2) The education program of the school, including the 1,129
school's mission, the characteristics of the students the school 1,130
is expected to attract, the ages and grades of students, and the 1,131
focus of the curriculum; 1,132
(3) The academic goals to be achieved and the method of 1,134
measurement that will be used to determine progress toward those 1,135
goals, which shall include the statewide proficiency tests; 1,136
(4) Performance standards by which the success of the 1,138
school will be evaluated by the sponsor; 1,139
(5) The admission standards of section 3314.06 of the 1,141
Revised Code; 1,142
(6) Dismissal procedures; 1,144
(7) The ways by which the school will achieve racial and 1,146
ethnic balance reflective of the community it serves; 1,147
(8) Requirements and procedures for financial audits by 1,150
the auditor of state. The contract shall require financial 1,151
records of the school to be maintained in the same manner as are 1,154
26
financial records of school districts, pursuant to rules of the 1,155
auditor of state and the audits shall be conducted in accordance 1,156
with section 117.10 of the Revised Code.
(9) The facility FACILITIES to be used and its location 1,158
THEIR LOCATIONS; 1,159
(10) Qualifications of teachers, including a requirement 1,161
that the school's classroom teachers be licensed in accordance 1,162
with sections 3319.22 to 3319.31 of the Revised Code, except that 1,163
a community school may engage noncertificated persons to teach up 1,164
to twelve hours per week pursuant to section 3319.301 of the 1,165
Revised Code;
(11) That the school will comply with the following 1,167
requirements: 1,168
(a) The school will provide learning opportunities to a 1,170
minimum of twenty-five students for a minimum of nine hundred 1,172
twenty hours per school year;
(b) The governing authority will purchase liability 1,175
insurance, or otherwise provide for the potential liability of 1,176
the school;
(c) The school will be nonsectarian in its programs, 1,179
admission policies, employment practices, and all other 1,180
operations, and will not be operated by a sectarian school or 1,181
religious institution;
(d) The school will comply with sections 9.90, 9.91, 1,183
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 1,185
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 1,186
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 1,187
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 1,188
4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 1,189
4167. of the Revised Code as if it were a school district; 1,190
(e) The school shall comply with Chapter 102. of the 1,192
Revised Code except that nothing in that chapter shall prohibit a 1,193
member of the school's governing board from also being an 1,194
employee of the school and nothing in that chapter or section 1,195
27
2921.42 of the Revised Code shall prohibit a member of the 1,196
school's governing board from having an interest in a contract 1,197
into which the governing board enters; 1,198
(f) The school will comply with sections 3313.61 and 1,200
3313.611 of the Revised Code, except that the requirement in 1,202
those sections that a person must successfully complete the 1,203
curriculum in any high school prior to receiving a high school 1,204
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 1,206
curriculum specified in Title XXXIII of the Revised Code or any 1,207
rules of the state board of education;
(g) The school governing authority will submit an annual 1,209
report of its activities and progress in meeting the goals and 1,210
standards of divisions (A)(3) and (4) of this section and its 1,211
financial status to the sponsor, the parents of all students 1,212
enrolled in the school, and the legislative office of education 1,213
oversight. THE SCHOOL WILL COLLECT AND PROVIDE ANY DATA THAT THE 1,215
LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT REQUESTS IN FURTHERANCE 1,216
OF ANY STUDY OR RESEARCH THAT THE GENERAL ASSEMBLY REQUIRES THE
OFFICE TO CONDUCT, INCLUDING THE STUDIES REQUIRED UNDER SECTION 1,217
50.39 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY AND 1,219
SECTION 50.52.2 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 1,221
ASSEMBLY, AS AMENDED.
(12) Arrangements for providing health and other benefits 1,223
to employees; 1,224
(13) The length of the contract, which shall begin at the 1,226
beginning of an academic year and shall not exceed five years; 1,227
(14) The governing authority of the school, which shall be 1,229
responsible for carrying out the provisions of the contract; 1,230
(15) A financial plan detailing an estimated school budget 1,232
for each year of the period of the contract and specifying the 1,233
total estimated per pupil expenditure amount for each such year. 1,234
The plan shall specify for each year the base formula amount that 1,236
will be used for purposes of funding calculations under section
28
3314.08 of the Revised Code. This base formula amount for any 1,237
year shall not exceed the formula amount defined under section 1,238
3317.02 of the Revised Code. The plan may also specify for any 1,240
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 1,241
section 3317.029 of the Revised Code the school is to receive 1,243
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 1,245
of employees of the school in the event the contract is 1,246
terminated or not renewed pursuant to section 3314.07 of the 1,247
Revised Code;
(17) Whether the school is to be created by converting all 1,250
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 1,251
any duties or responsibilities of an employer that the board of 1,252
education that operated the school before conversion is 1,253
delegating to the governing board of the community school with 1,254
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 1,255
applicable to such employees; 1,256
(18) Provisions establishing procedures for resolving 1,258
disputes or differences of opinion between the sponsor and the 1,259
governing authority of the community school; 1,260
(19) A PROVISION REQUIRING THE GOVERNING AUTHORITY TO 1,262
ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE 1,264
OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. THAT POLICY 1,265
SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION 1,266
3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE 1,267
AUTHORITY, SHALL DO ONE OF THE FOLLOWING:
(a) PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE 1,269
THE DISTRICT IN WHICH THE SCHOOL IS LOCATED; 1,270
(b) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN 1,272
DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS 1,273
LOCATED;
29
(c) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY 1,275
OTHER DISTRICT IN THE STATE. 1,276
(B) The community school shall also submit to the sponsor 1,278
a comprehensive plan for the school. The plan shall specify the 1,280
following:
(1) The process by which the governing authority of the 1,282
school will be selected in the future; 1,283
(2) The management and administration of the school; 1,285
(3) If the community school is a currently existing public 1,288
school, alternative arrangements for current public school 1,289
students who choose not to attend the school and teachers who 1,290
choose not to teach in the school after conversion; 1,291
(4) The instructional program and educational philosophy 1,293
of the school; 1,294
(5) Internal financial controls. 1,296
(C) A contract entered into under section 3314.02 of the 1,298
Revised Code between a sponsor and the governing authority of a 1,300
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 1,301
authorized to receive such payments as set forth in the contract 1,302
between the governing authority and the sponsor. 1,303
Sec. 3314.05. The contract between the community school 1,312
and the sponsor shall specify the facility FACILITIES to be used 1,313
for the community school and the method of acquisition. Any A 1,315
SCHOOL MAY BE LOCATED IN MULTIPLE FACILITIES UNDER THE SAME 1,316
CONTRACT ONLY IF THE LIMITATIONS ON AVAILABILITY OF SPACE 1,317
PROHIBIT SERVING ALL THE GRADE LEVELS SPECIFIED IN THE CONTRACT
IN A SINGLE FACILITY. THE SCHOOL SHALL NOT OFFER THE SAME GRADE 1,318
LEVEL CLASSROOMS IN MORE THAN ONE FACILITY. 1,319
ANY facility used for a community school shall meet all 1,322
health and safety standards established by law for school
buildings.
In the case where a community school is proposed to be 1,324
located in a facility owned by a school district or educational 1,325
30
service center, the facility may not be used for such community 1,327
school unless the district or service center board owning the 1,328
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms 1,330
and conditions agreed to by the district or service center board 1,331
and the school.
Sec. 3314.06. The governing authority of each community 1,340
school established under this chapter shall adopt admission 1,341
procedures that specify the following: 1,342
(A) That except as otherwise provided in this section, 1,344
admission to the school shall be open only to any individual age 1,345
five to twenty-two entitled to attend school pursuant to section 1,347
3313.64 or 3313.65 of the Revised Code in the A school district 1,348
in which the school is located or who was enrolled in the 1,349
converted school during the school year preceding the year of its 1,350
conversion to a community school THE STATE. 1,351
(B) That admission to the school may be limited to 1,353
students who have attained a specific grade level or are within a 1,355
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; or to residents of a 1,356
specific geographic area WITHIN THE DISTRICT, as defined in the 1,358
contract, that is within the school district in which the school 1,359
is located.
(C) WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE 1,361
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO 1,362
RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED 1,363
PURSUANT TO THE CONTRACT.
(D) That there will be no discrimination in the admission 1,365
of students to the school on the basis of race, creed, color, 1,366
handicapping condition, or sex; and that, upon admission of any 1,368
handicapped student, the community school will comply with all 1,369
federal and state laws regarding the education of handicapped 1,370
students.
(D)(E) That the school may not limit admission to students 1,372
31
on the basis of intellectual ability, measures of achievement or 1,374
aptitude, or athletic ability. 1,375
(E)(F) That the community school will admit the number of 1,377
students that does not exceed the capacity of the school's 1,380
programs, classes, grade levels, or facilities. 1,381
(F)(G) That, except as otherwise provided under division 1,383
(B) of this section, if the number of applicants exceeds the 1,384
capacity restrictions of division (E)(F) of this section, 1,385
students shall be admitted by lot from all those submitting 1,386
applications, except preference shall be given to students 1,387
attending the school the previous year and TO STUDENTS WHO RESIDE 1,388
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. PREFERENCE may 1,389
be given to siblings of such students ATTENDING THE SCHOOL THE 1,390
PREVIOUS YEAR.
Notwithstanding divisions (A) through (F)(G) of this 1,392
section, in the event the racial composition of the enrollment of 1,393
the community school is violative of a federal desegregation 1,394
order, the community school shall take any and all corrective 1,395
measures to comply with the desegregation order. 1,396
Sec. 3314.071. ANY CONTRACT ENTERED INTO BY THE GOVERNING 1,398
AUTHORITY OR ANY OFFICER OR DIRECTOR OF A COMMUNITY SCHOOL, 1,399
INCLUDING THE CONTRACT REQUIRED BY SECTIONS 3314.02 AND 3314.03 1,400
OF THE REVISED CODE, IS DEEMED TO BE ENTERED INTO BY SUCH 1,401
INDIVIDUALS IN THEIR OFFICIAL CAPACITIES AS REPRESENTATIVES OF 1,402
THE COMMUNITY SCHOOL. NO OFFICER, DIRECTOR, OR MEMBER OF THE 1,404
GOVERNING AUTHORITY OF A COMMUNITY SCHOOL INCURS ANY PERSONAL
LIABILITY BY VIRTUE OF ENTERING INTO ANY CONTRACT ON BEHALF OF 1,405
THE SCHOOL. 1,406
Sec. 3314.08. (A) As used in this section: 1,415
(1) "Base formula amount" means the amount specified as 1,418
such in a community school's financial plan for a school year 1,419
pursuant to division (A)(15) of section 3314.03 of the Revised 1,420
Code.
(2) "Cost-of-doing-business factor" has the same meaning 1,422
32
as in section 3317.02 of the Revised Code. 1,423
(3) "IEP" means an individualized education program AS 1,426
defined by division (E) of IN section 3323.01 of the Revised 1,427
Code.
(4) "Average county cost" means the cost, averaged among 1,430
school districts within a county, of providing special education 1,431
and related services to similarly handicapped children, as 1,433
calculated in a manner acceptable to the superintendent of public 1,435
instruction "APPLICABLE WEIGHT" MEANS: 1,436
(a) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 1,438
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 1,439
(A) OF SECTION 3317.013 OF THE REVISED CODE, THE MULTIPLE 1,441
SPECIFIED IN THAT DIVISION;
(b) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 1,443
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 1,444
(B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF 1,446
THE REVISED CODE, THE MULTIPLE SPECIFIED IN DIVISION (B) OF 1,447
SECTION 3317.013 OF THE REVISED CODE. 1,448
(5) "TOTAL SPECIAL EDUCATION WEIGHT" MEANS THE SUM OF THE 1,450
FOLLOWING: 1,451
(a) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 1,454
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 1,455
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 1,456
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,457
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,458
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 1,459
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 1,460
(A) OF SECTION 3317.013 OF THE REVISED CODE; 1,461
(b) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 1,463
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 1,466
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,468
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,469
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 1,470
33
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 1,472
(A) OF SECTION 3317.013 OF THE REVISED CODE; 1,473
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 1,476
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 1,477
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 1,478
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,479
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,480
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 1,481
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 1,482
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 1,484
3317.013 OF THE REVISED CODE; 1,485
(d) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 1,487
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 1,490
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 1,492
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 1,493
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 1,494
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 1,496
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 1,498
3317.013 OF THE REVISED CODE. 1,499
(6) "ENTITLED TO ATTEND SCHOOL" MEANS ENTITLED TO ATTEND 1,501
SCHOOL IN A DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE 1,502
REVISED CODE. 1,503
(7) "DPIA reduction factor" means the percentage figure, 1,506
if any, specified for reducing the per pupil amount of 1,507
disadvantaged pupil impact aid a community school is entitled to 1,508
receive pursuant to division DIVISIONS (D)(3)(4) AND (5) of this 1,509
section in any year, as specified in the school's financial plan 1,512
for the year pursuant to division (A)(15) of section 3314.03 of 1,513
the Revised Code.
(8) "ALL-DAY KINDERGARTEN" HAS THE SAME MEANING AS IN 1,515
SECTION 3317.029 OF THE REVISED CODE. 1,516
(B) The state board of education shall adopt rules 1,518
requiring both of the following: 1,519
34
(1) The board of education of each city, exempted village, 1,521
and local school district to annually report the number of 1,522
students entitled to attend school in the district pursuant to 1,523
section 3313.64 or 3313.65 of the Revised Code who are enrolled 1,525
in grades one through twelve and one-half of the kindergarten 1,526
students enrolled in a community school established under this 1,527
chapter, THE NUMBER OF STUDENTS ENTITLED TO ATTEND SCHOOL IN THE 1,528
DISTRICT WHO ARE ENROLLED IN KINDERGARTEN IN A COMMUNITY SCHOOL, 1,529
THE NUMBER OF THOSE KINDERGARTNERS WHO ARE ENROLLED IN ALL-DAY 1,531
KINDERGARTEN IN THEIR COMMUNITY SCHOOL, and for each child, the 1,534
community school in which the child is enrolled. In addition, 1,536
for each such child receiving special education and related 1,537
services enrolled in grades kindergarten through twelve or in a 1,538
preschool handicapped unit in a community school pursuant to an 1,540
IEP, the board shall report the average county cost for such 1,542
child. If the district receives disadvantaged pupil impact aid 1,544
pursuant to division (B) or divisions (C) and (E) of section 1,545
3317.029 of the Revised Code, it also shall report the amount 1,546
received for each such child.
(2) The governing authority of each community school 1,548
established under this chapter to annually report ALL OF the 1,549
FOLLOWING: 1,550
(a) THE number of students enrolled in grades one through 1,553
twelve and one-half the number of kindergarten students ENROLLED 1,555
IN KINDERGARTEN in the school who are not receiving special 1,556
education and related services pursuant to an IEP; the 1,557
(b) THE number of enrolled students in grades one through 1,559
twelve and one-half the number of ENROLLED STUDENTS IN 1,560
kindergarten students, who are receiving special education and 1,563
related services pursuant to an IEP; the 1,564
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 1,567
(B)(2)(b) OF THIS SECTION RECEIVING SPECIAL EDUCATION AND RELATED 1,568
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN EACH OF 1,569
DIVISIONS (A) AND (B) OF SECTION 3317.013 AND DIVISION (F)(3) OF 1,571
35
SECTION 3317.02 OF THE REVISED CODE; 1,573
(d) THE number of enrolled preschool handicapped students 1,576
receiving special education services in a state-funded unit; the 1,577
(e) THE community school's base formula amount; and 1,580
(f) FOR EACH STUDENT, the city, exempted village, or local 1,583
school district in which the school STUDENT is located. Each 1,585
governing authority shall also report any ENTITLED TO ATTEND 1,586
SCHOOL;
(g) ANY DPIA reduction factor that applies to a school 1,589
year.
(C) From the payments made to a city, exempted village, or 1,591
local school district under Chapter 3317. of the Revised Code 1,592
and, if necessary, sections 321.14 and 323.156 of the Revised 1,593
Code, the department of education shall annually subtract all of 1,594
the following:
(1) An amount equal to the sum of the amounts obtained 1,596
when, for each community school where the district's students are 1,597
enrolled, the number of the district's students reported under 1,598
division DIVISIONS (B)(2)(a) AND (b) of this section who are 1,599
enrolled in grades one through twelve, and one-half the number of 1,600
STUDENTS REPORTED UNDER THOSE DIVISIONS WHO ARE ENROLLED IN 1,601
kindergarten students, in that community school and are not 1,603
receiving special education and related services pursuant to an 1,604
IEP is multiplied by the base formula amount of that community 1,605
school as adjusted by the school district's 1,606
cost-of-doing-business factor.
(2) The sum PRODUCT of the average county costs for all 1,608
NUMBER OF district students reported under division (B)(2)(c) of 1,611
this section AS ENROLLED IN GRADES ONE THROUGH TWELVE, AND 1,612
ONE-HALF OF THE NUMBER OF DISTRICT STUDENTS REPORTED UNDER THAT 1,613
DIVISION AS ENROLLED IN KINDERGARTEN, who are to be receiving 1,615
special education and related services pursuant to an IEP in 1,616
their respective community schools, less the sum of the prorated 1,618
share for each such student of any amounts received from state 1,619
36
preschool handicapped unit funding or from federal funds to 1,620
provide special education and related services to students in the 1,621
respective community schools. This prorated share of state or 1,622
federal funds received for each such student shall be determined 1,623
on the basis of all such funds received by a community school for 1,624
students receiving similar services, as calculated in a manner 1,625
acceptable to the superintendent of public instruction. FOR A 1,627
HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR 1,629
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 1,631
MULTIPLIED BY THE TOTAL SPECIAL EDUCATION WEIGHT; 1,632
(3) An amount equal to the sum of the amounts obtained 1,634
when, for each community school where the district's students are 1,635
enrolled, the number of the district's students enrolled in that 1,636
community school and residing in the district in a family 1,637
participating in Ohio works first under Chapter 5107. of the 1,638
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 1,639
year pursuant to division (B) or divisions (C) and (E) of section 1,640
3317.029 of the Revised Code, as adjusted by any DPIA reduction 1,642
factor of that community school. IF THE DISTRICT RECEIVES 1,643
DISADVANTAGED PUPIL IMPACT AID UNDER DIVISION (B) OF THAT 1,644
SECTION, THE PER PUPIL AMOUNT OF THAT AID IS THE QUOTIENT OF THE 1,645
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 1,646
NUMBER OF CHILDREN AGES FIVE THROUGH SEVENTEEN RESIDING IN THE 1,647
DISTRICT AND LIVING IN A FAMILY PARTICIPATING IN OHIO WORKS 1,648
FIRST, AS MOST RECENTLY REPORTED UNDER SECTION 3317.10 OF THE 1,649
REVISED CODE. IF THE DISTRICT RECEIVES DISADVANTAGED PUPIL 1,651
IMPACT AID UNDER DIVISION (C) OF SECTION 3317.029 OF THE REVISED 1,652
CODE, THE PER PUPIL AMOUNT OF THAT AID IS THE PER PUPIL DOLLAR 1,654
AMOUNT PRESCRIBED FOR THE DISTRICT IN DIVISION (C)(1) OR (2) OF 1,655
THAT SECTION.
(4) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 1,657
WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE 1,658
ENROLLED, THE DISTRICT'S PER PUPIL AMOUNT OF AID RECEIVED UNDER 1,659
37
DIVISION (E) OF SECTION 3317.029 OF THE REVISED CODE, AS ADJUSTED 1,660
BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY SCHOOL, IS 1,662
MULTIPLIED BY THE SUM OF THE FOLLOWING: 1,663
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 1,665
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 1,667
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 1,670
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 1,672
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,674
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 1,675
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 1,676
SERVICES PURSUANT TO AN IEP; 1,677
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,679
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 1,680
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 1,681
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 1,683
OF SECTION 3317.029 OF THE REVISED CODE IS THE QUOTIENT OF THE 1,684
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 1,686
DISTRICT'S KINDERGARTEN THROUGH THIRD GRADE ADM, AS DEFINED IN 1,687
THAT SECTION. 1,688
(D) The department shall annually pay to a community 1,690
school established under this chapter all of the following: 1,691
(1) An amount equal to the sum of the amounts obtained 1,693
when the number of students enrolled in grades one through 1,694
twelve, plus one-half of the kindergarten students in the school 1,695
as, reported under division DIVISIONS (B)(2)(a) AND (b) of this 1,698
section who are not receiving special education and related 1,699
services pursuant to an IEP FOR A HANDICAP DESCRIBED IN DIVISION 1,700
(A) OR (B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 1,701
3317.02 OF THE REVISED CODE is multiplied by the community 1,702
school's base formula amount, as adjusted by the 1,703
cost-of-doing-business factor of the school district in which the 1,704
school STUDENT is located ENTITLED TO ATTEND SCHOOL; 1,705
(2) For THE GREATER OF THE FOLLOWING: 1,708
38
(a) THE AGGREGATE AMOUNT THAT THE DEPARTMENT PAID TO THE 1,710
COMMUNITY SCHOOL IN FISCAL YEAR 1999 FOR STUDENTS RECEIVING 1,711
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO IEPs, 1,713
EXCLUDING FEDERAL FUNDS AND STATE DISADVANTAGED PUPIL IMPACT AID 1,715
FUNDS;
(b) THE SUM OF THE AMOUNTS CALCULATED UNDER DIVISIONS 1,718
(D)(2)(b)(i) AND (ii) OF THIS SECTION: 1,719
(i) FOR each student REPORTED UNDER DIVISION (B)(2)(c) OF 1,723
THIS SECTION AS enrolled in the school IN GRADES ONE THROUGH 1,724
TWELVE AND receiving special education and related services 1,725
pursuant to an IEP, an amount equal to the average county cost 1,726
for such student, less a prorated share for the student of any 1,727
FOR A HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 1,729
3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED 1,732
CODE, THE FOLLOWING AMOUNT:
(THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT X THE 1,734
COST-OF-DOING-BUSINESS FACTOR OF THE DISTRICT WHERE THE STUDENT 1,735
IS ENTITLED TO ATTEND SCHOOL) + (THE APPLICABLE WEIGHT 1,736
X THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT); 1,737
(ii) FOR EACH STUDENT REPORTED UNDER DIVISION (B)(2)(c) OF 1,741
THIS SECTION AS ENROLLED IN KINDERGARTEN AND RECEIVING SPECIAL
EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A HANDICAP 1,743
DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR DIVISION 1,745
(F)(3) OF SECTION 3317.02 OF THE REVISED CODE, ONE-HALF OF THE 1,747
AMOUNT CALCULATED UNDER THE FORMULA PRESCRIBED IN DIVISION 1,748
(D)(2)(b)(i) OF THIS SECTION.
(3) AN amount received from state preschool handicapped 1,751
unit funding or federal funds to provide special education and 1,752
related services to students in the community school. This 1,753
prorated share shall be, AS determined as described under 1,754
division (C)(2) of this section BY THE SUPERINTENDENT OF PUBLIC 1,756
INSTRUCTION.
(3)(4) An amount equal to the SUM OF THE AMOUNTS OBTAINED 1,758
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 1,760
39
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE number of THAT 1,762
DISTRICT'S students enrolled in the community school and residing 1,763
in the school district in a family participating in Ohio works 1,765
first IS multiplied by the per pupil amount of disadvantaged
pupil impact aid that school district receives that year pursuant 1,767
to division (B) or divisions (C) and (E) of section 3317.029 of 1,769
the Revised Code, as adjusted by any DPIA reduction factor of the 1,770
community school. THE PER PUPIL AMOUNT OF AID SHALL BE 1,772
DETERMINED AS DESCRIBED IN DIVISION (C)(3) OF THIS SECTION. 1,773
(5) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 1,775
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 1,776
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE DISTRICT'S PER PUPIL 1,777
AMOUNT OF AID RECEIVED UNDER DIVISION (E) OF SECTION 3317.029 OF 1,778
THE REVISED CODE, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE 1,781
COMMUNITY SCHOOL, IS MULTIPLIED BY THE SUM OF THE FOLLOWING: 1,782
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 1,784
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 1,786
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 1,789
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 1,791
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,793
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 1,794
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 1,795
SERVICES PURSUANT TO AN IEP; 1,796
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 1,798
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 1,799
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 1,800
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 1,802
OF SECTION 3317.029 OF THE REVISED CODE SHALL BE DETERMINED AS 1,803
DESCRIBED IN DIVISION (C)(4) OF THIS SECTION. 1,804
(E) IF A COMMUNITY SCHOOL'S COSTS FOR A FISCAL YEAR FOR A 1,806
STUDENT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT 1,807
TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION (F)(3) OF SECTION 1,809
3317.02 OF THE REVISED CODE ARE TWENTY-FIVE THOUSAND DOLLARS OR 1,811
40
MORE, THE SCHOOL MAY SUBMIT TO THE SUPERINTENDENT OF PUBLIC 1,812
INSTRUCTION DOCUMENTATION, AS PRESCRIBED BY THE SUPERINTENDENT, 1,813
OF ALL ITS COSTS FOR THAT STUDENT. UPON SUBMISSION OF 1,814
DOCUMENTATION FOR A STUDENT OF THE TYPE AND IN THE MANNER 1,815
PRESCRIBED, THE DEPARTMENT SHALL PAY TO THE DISTRICT AN AMOUNT 1,816
EQUAL TO THE SCHOOL'S COSTS FOR THE STUDENT IN EXCESS OF 1,817
TWENTY-FIVE THOUSAND DOLLARS.
(F) A community school may apply to the department of 1,819
education for preschool handicapped or gifted unit funding the 1,820
school would receive if it were a school district. Upon request 1,821
of its governing authority, a community school that received unit 1,823
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 1,824
district-operated school provided the school continues to meet 1,825
eligibility standards for the unit. 1,826
A community school shall be considered a school district 1,828
and its governing authority shall be considered a board of 1,829
education for the purpose of applying to any state or federal 1,830
agency for grants that a school district may receive under 1,831
federal or state law or any appropriations act of the general 1,832
assembly. The governing authority of a community school may 1,833
apply to any private entity for additional funds. 1,834
(F)(G) A board of education sponsoring a community school 1,836
may utilize local funds to make enhancement grants to the school 1,837
or may agree, either as part of the contract or separately, to 1,838
provide any specific services to the community school at no cost 1,839
to the school.
(G)(H) A community school may not levy taxes or issue 1,841
bonds secured by tax revenues. 1,842
(H)(I) No community school shall charge tuition for the 1,844
enrollment of any student. 1,845
(I)(J) A community school may borrow money to pay any 1,847
necessary and actual expenses of the school in anticipation of 1,849
the receipt of any portion of the payments to be received by the 1,850
41
school pursuant to division (D) of this section. The school may 1,851
issue notes to evidence such borrowing to mature no later than 1,852
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 1,853
which the anticipated receipts may be lawfully expended by the 1,854
school.
(J)(K) For purposes of determining the number of students 1,857
for which division DIVISIONS (D)(3)(4) AND (5) of this section 1,858
applies in any school year, a community school may submit to the 1,860
state department of human services, no later than the first day
of March, a list of the students enrolled in the school. For 1,862
each student on the list, the community school shall indicate the
student's name, address, and date of birth and the school 1,863
district where the student is entitled to attend school under 1,864
section 3313.64 or 3313.65 of the Revised Code. Upon receipt of 1,866
a list under this division, the department of human services 1,868
shall determine, for each school district where one or more 1,869
students on the list is entitled to attend school under section 1,870
3313.64 or 3313.65 of the Revised Code, the number of students 1,873
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. 1,875
The department shall make this determination on the basis of 1,876
information readily available to it. Upon making this 1,877
determination and no later than ninety days after submission of 1,878
the list by the community school, the department shall report to 1,879
the state department of education the number of students on the 1,880
list who reside in each school district who were included in the 1,881
department's report under section 3317.10 of the Revised Code. 1,882
In complying with this division, the department of human services 1,883
shall not report to the state department of education any 1,884
personally identifiable information on any student.
(K)(L) The department of education shall adjust the 1,886
amounts subtracted and paid under divisions (C) and (D) of this 1,887
section to reflect any enrollment of students in community 1,888
42
schools for less than the equivalent of a full school year. 1,889
Sec. 3314.09. The AS USED IN THIS SECTION, "NATIVE 1,898
STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL 1,899
DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 1,900
THE board of education of the EACH city, local, or AND 1,903
exempted village school district in which a community school is 1,905
located shall provide transportation to AND FROM SCHOOL FOR ITS 1,906
DISTRICT'S NATIVE students enrolled in the A community school, 1,907
except that the board shall be required to pick up and drop off a 1,908
nonhandicapped student only at a regular school bus stop 1,909
designated in accordance with the board's transportation policy 1,910
LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED 1,912
IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION 1,913
AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM 1,914
SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY 1,915
THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY 1,916
OR UNREASONABLE. A BOARD SHALL NOT BE REQUIRED TO TRANSPORT 1,917
NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN 1,918
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE 1,919
THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL 1,920
BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S 1,921
COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A 1,924
COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER 1,925
PERSON IN CHARGE OF THE CHILD, BUT ONLY WITH THE CONSENT OF THE 1,926
PARENT, GUARDIAN, OR OTHER PERSON. THE AMOUNT PAID PER PUPIL 1,927
SHALL IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER 1,928
PUPIL, WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF 1,929
CHILDREN BY ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT 1,930
PRECEDING YEAR. 1,931
Sec. 3314.11. The department of education shall establish 1,940
a THE state community school commission OFFICE OF SCHOOL OPTIONS 1,942
43
TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM, 1,943
ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND 1,944
THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO 1,945
SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE. The
commission OFFICE shall provide SERVICES THAT FACILITATE THE 1,946
MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT 1,947
SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and 1,948
information to persons or groups considering proposing a 1,949
community school, to governing authorities of community schools, 1,950
and to school district boards PUBLIC ENTITIES sponsoring or 1,952
considering sponsoring a community school.
Sec. 3314.12. The legislative office of education 1,961
oversight shall produce and issue an annual composite 1,962
informational report on community schools established under this 1,963
chapter or under Section 50.52 of Amended Substitute House Bill 1,964
No. 215 of the 122nd general assembly to the speaker of the house 1,966
of representatives, the president of the senate, and the
governor. The report shall include the number of schools in 1,967
operation, the size and characteristics of enrollment for the 1,968
schools, the academic performance of the schools, the financial 1,969
status of the schools, and any other pertinent information. 1,970
Sec. 3314.13. (A) As used in this section: 1,979
(1) "All-day kindergarten" and "DPIA index" have HAS the 1,982
same meanings MEANING as in section 3317.029 of the Revised Code. 1,984
(2) "Formula amount" has the same meaning as in section 1,986
3317.02 of the Revised Code. 1,987
(B) The department of education annually shall pay each 1,989
community school established under this chapter or under Section 1,990
50.52 of Amended Substitute House Bill No. 215 of the 122nd 1,991
general assembly one-half of the formula amount for each student 1,992
who TO WHOM BOTH OF THE FOLLOWING APPLY:
(1) THE STUDENT is entitled to attend school under section 1,994
3313.64 or 3313.65 of the Revised Code in a school district with 1,995
a DPIA index of one or greater and who is THAT IS ELIGIBLE TO 1,997
44
RECEIVE A PAYMENT UNDER DIVISION (D) OF SECTION 3317.029 OF THE 1,998
REVISED CODE IF IT PROVIDES ALL-DAY KINDERGARTEN;
(2) THE STUDENT IS reported by the community school UNDER 2,000
DIVISION (B)(3) OF SECTION 3314.08 OF THE REVISED CODE as 2,001
enrolled in all-day kindergarten at the community school. If 2,002
(C) IF a student for whom payment is made under DIVISION 2,005
(B) OF this section is entitled to attend school in a district 2,006
that receives any payment for all-day kindergarten under division 2,007
(D) of section 3317.029 of the Revised Code, the department shall 2,008
deduct the payment to the community school under this section 2,009
from the amount paid that school district under that division. 2,010
If that school district does not receive payment for all-day 2,011
kindergarten under that division BECAUSE IT DOES NOT PROVIDE 2,012
ALL-DAY KINDERGARTEN, the department shall pay the community 2,013
school from state funds appropriated generally for disadvantaged 2,014
pupil impact aid.
(C)(D) The department shall adjust the amounts deducted 2,017
from school districts and paid to community schools under this 2,018
section to reflect any enrollments of students in all-day 2,019
kindergarten in community schools for less than the equivalent of 2,020
a full school year.
Sec. 3314.15. (A) EACH COMMUNITY SCHOOL LOCATED IN THE 2,022
PILOT PROJECT AREA, OR IN A COUNTY CONTIGUOUS TO THE PILOT 2,023
PROJECT AREA, THAT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS 2,024
SECTION PURSUANT TO A CONTRACT ENTERED INTO WITH ITS SPONSOR 2,025
PRIOR TO THAT DATE UNDER FORMER SECTION 50.52.4 OF AM. SUB. H.B. 2,030
NO. 215 OF THE 122nd GENERAL ASSEMBLY, IS SUBJECT TO THIS CHAPTER 2,032
AND SHALL BE CONSIDERED FOR ALL PURPOSES OF THE REVISED CODE TO 2,033
BE ESTABLISHED UNDER THIS CHAPTER. HOWEVER, UNTIL THAT CONTRACT 2,034
EXPIRES, BUT NOT LATER THAN JUNE 30, 2003, THE COMMUNITY SCHOOL 2,035
MAY CONTINUE TO OPERATE IN ACCORDANCE WITH THAT CONTRACT TO THE 2,036
EXTENT IT DOES NOT CONFLICT WITH THE PROVISIONS OF SECTION 50.52 2,037
OF THAT ACT IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF 2,038
THIS SECTION. THE SCHOOL IS SUBJECT TO ANY PROVISIONS OF THIS 2,039
45
CHAPTER THAT DO NOT CONFLICT WITH THAT CONTRACT. IF THE
GOVERNING AUTHORITY OF SUCH A COMMUNITY SCHOOL RENEWS THE 2,040
CONTRACT WITH A SPONSOR, THE RENEWED CONTRACT SHALL COMPLY WITH 2,041
THIS CHAPTER.
(B) A PRELIMINARY AGREEMENT FOR A COMMUNITY SCHOOL ENTERED 2,043
INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION UNDER FORMER 2,044
SECTION 50.52.4 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL 2,048
ASSEMBLY REMAINS VALID ON AND AFTER THAT DATE FOR AS LONG AS THE 2,049
PROPOSED GOVERNING AUTHORITY AND PROPOSED SPONSOR OF THE 2,050
COMMUNITY SCHOOL CONTINUE THE AGREEMENT. IF THEY AGREE TO 2,051
PROCEED TO ENTER INTO A CONTRACT FOR THE COMMUNITY SCHOOL, THE 2,052
CONTRACT SHALL BE ENTERED INTO UNDER SECTION 3314.02 AND SHALL 2,053
COMPLY WITH SECTION 3314.03 OF THE REVISED CODE. 2,054
(C) A COMMUNITY SCHOOL DESCRIBED IN DIVISION (A) OF THIS 2,056
SECTION THAT IS LOCATED IN A COUNTY CONTIGUOUS TO THE PILOT 2,058
PROJECT AREA MAY CONTINUE IN EXISTENCE AS LONG AS THERE IS A 2,059
VALID CONTRACT BETWEEN THE SCHOOL AND A SPONSOR. ANY SUCH 2,060
CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION 2,061
SHALL BE SUBJECT TO THIS CHAPTER. ANY PUBLIC ENTITY LISTED IN 2,062
DIVISION (C)(1) OF SECTION 3314.02 OF THE REVISED CODE MAY BE A 2,064
SPONSOR FOR THE COMMUNITY SCHOOL AS IF IT WERE LOCATED IN THE 2,065
PILOT PROJECT AREA. 2,066
Sec. 3315.17. (A) The board of education of each city, 2,076
exempted village, local, and joint vocational school district 2,077
shall establish a textbook and instructional materials fund and 2,078
shall deposit into that fund four per cent, or another percentage 2,079
if established in rules adopted under division (B)(C) of this 2,081
section, of all revenues received by the district for operating 2,082
expenses. Money in the fund shall be used solely for textbooks, 2,083
instructional software, and instructional materials, supplies, 2,084
and equipment. Any money in the fund that is not used in any 2,085
fiscal year shall carry forward to the next fiscal year. 2,086
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF IN A 2,088
FISCAL YEAR A DISTRICT BOARD DEPOSITS IN THE TEXTBOOK AND 2,090
46
INSTRUCTIONAL MATERIALS FUND AN AMOUNT OF MONEY GREATER THAN THE 2,091
AMOUNT REQUIRED TO BE DEPOSITED BY THIS SECTION OR THE RULES 2,092
ADOPTED UNDER DIVISION (C) OF THIS SECTION, THE BOARD MAY DEDUCT 2,093
THE EXCESS AMOUNT OF MONEY FROM THE AMOUNT OF MONEY REQUIRED TO 2,094
BE DEPOSITED IN SUCCEEDING FISCAL YEARS. 2,095
(C) The state superintendent of public instruction and the 2,098
auditor of state jointly shall adopt rules in accordance with 2,099
Chapter 119. of the Revised Code defining what constitutes 2,101
textbooks, instructional software, and instructional materials, 2,102
supplies, and equipment for which money in a school district's 2,103
textbook and instructional materials fund may be used. The 2,104
jointly adopted rules also may designate a percentage, other than 2,106
four per cent, of district operating revenues that must be
deposited into the fund. The auditor of state shall adopt rules 2,108
under section 117.20 of the Revised Code authorizing up to a 2,110
three-year phase-in period for district boards to meet the
percentage requirements of division (A) of this section, AND 2,112
SPECIFYING THE MANNER IN WHICH DISTRICT BOARDS MAY DEDUCT FROM A 2,113
REQUIRED DEPOSIT AN EXCESS AMOUNT DEPOSITED INTO THE TEXTBOOK AND 2,114
INSTRUCTIONAL MATERIALS FUND IN A PRIOR FISCAL YEAR.
(C)(D) Notwithstanding division (A) of this section, a 2,117
district board of education in any fiscal year may appropriate 2,118
money in the district textbook and instructional materials fund 2,119
for purposes other than those permitted by that division if both 2,120
of the following occur during that fiscal year: 2,121
(1) All of the following certify to the district board in 2,123
writing that the district has sufficient textbooks, instructional 2,124
software, and instructional materials, supplies, and equipment to 2,126
ensure a thorough and efficient education within the district: 2,127
(a) The district superintendent; 2,129
(b) In districts required to have a business advisory 2,131
council, a person designated by vote of the business advisory 2,132
council;
(c) If the district teachers are represented by an 2,134
47
exclusive bargaining representative for purposes of Chapter 4117. 2,136
of the Revised Code, the president of that organization or the 2,139
president's designee.
(2) The district board adopts, by unanimous vote of all 2,141
members of the board, a resolution stating that the district has 2,142
sufficient textbooks, instructional software, and instructional 2,143
materials, supplies, and equipment to ensure a thorough and 2,144
efficient education within the district. 2,145
(D)(E) Notwithstanding any provision to the contrary in 2,147
Chapter 4117. of the Revised Code, the requirements of this 2,148
section prevail over any conflicting provisions of agreements 2,150
between employee organizations and public employers entered into 2,151
on or after the effective date of this section NOVEMBER 21, 1997. 2,152
Sec. 3316.05. (A) Pursuant to the powers of the general 2,161
assembly and for the purposes of this chapter, upon the 2,162
declaration of a fiscal emergency in any school district pursuant 2,164
to division (B) of section 3316.03 of the Revised Code, there is 2,165
established, with respect to that school district, a body both
corporate and politic constituting an agency and instrumentality 2,166
of the state and performing essential governmental functions of 2,167
the state to be known as the "financial planning and supervision 2,168
commission for ........ (name of school district)," which, in 2,169
that name, may exercise all authority vested in such a commission 2,170
by this chapter. A separate commission is established with 2,171
respect to each school district as to which there is a fiscal 2,172
emergency as determined under this chapter. 2,173
(B) A commission APPOINTED AFTER JULY 1, 1999, shall 2,175
consist of seven FIVE voting members, including women and at 2,177
least one Hispanic or African American if Hispanic and African 2,178
Americans together constitute at least twenty per cent of the 2,179
student population of the district, as follows:
(1) Four TWO ex officio members: the director of budget 2,182
and management, OR A DESIGNEE OF THE DIRECTOR, AND the 2,183
superintendent of public instruction, OR A DESIGNEE OF the 2,184
48
superintendent of the school district, and the mayor of the 2,185
municipal corporation with the largest number of residents living 2,186
within the school district, except that if more than fifty per 2,187
cent of the residents of the district reside outside the 2,188
municipal corporation containing the greatest number of district 2,189
residents or if there is no municipal corporation located in the 2,190
school district, the county auditor of the county with the
largest number of residents living within the school district 2,191
shall be a member of the commission in lieu of a mayor. 2,192
The director of budget and management may designate an 2,194
individual within the office of budget and management; the mayor 2,196
may designate a responsible official within his office or the 2,197
fiscal officer of the municipal corporation; the superintendent 2,198
of public instruction may designate an employee within the 2,199
department of education; and the superintendent of the school
district may designate an employee of the school district to 2,200
attend the meetings of the commission when the ex officio member 2,202
making the designation is absent or unable for any reason to 2,203
attend. A designee, when present, shall be counted in 2,205
determining whether a quorum is present at any meeting of the 2,206
commission and may vote and participate in all proceedings and 2,207
actions of the commission. The designations shall be in writing, 2,208
executed by the member making the designation, and filed with the 2,209
secretary of the commission. The designations may be changed 2,210
from time to time in like manner, but due regard shall be given 2,211
to the need for continuity.
(2) Three appointed members, who shall be appointed within 2,213
fifteen days after the declaration of the fiscal emergency, one 2,215
by the governor, one by the superintendent of public instruction, 2,216
and one by the mayor or county auditor who is a member of the 2,217
commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER 2,218
OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF 2,219
MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE 2,220
OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER 2,221
49
OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION 2,222
LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY
WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL 2,223
DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR. All of 2,224
the appointed members shall serve at the pleasure of the 2,225
appointing authority during the life of the commission. In the 2,226
event of the death, resignation, incapacity, removal, or 2,227
ineligibility to serve of an appointed member, the appointing 2,228
authority shall appoint a successor within fifteen days after the 2,229
vacancy occurs.
(a) The member appointed by the governor and the member 2,231
appointed by the mayor or county auditor shall be an individual: 2,232
(i) Who has knowledge and experience in financial matters, 2,234
financial management, or business organization or operations, 2,235
including at least five years of experience in the public or 2,236
private sector in the management of business or financial 2,237
enterprise, or in management consulting, public accounting, or 2,238
other similar professional activity; 2,239
(ii) Whose residency, office, or principal place of 2,241
professional or business activity is situated within the school 2,243
district.
(b) The member appointed by the superintendent of public 2,245
instruction shall be a parent of a child currently enrolled in a 2,246
public school within the district. 2,247
(C) Immediately after appointment of the initial appointed 2,249
members of the commission, the superintendent of public 2,250
instruction shall call the first meeting of the commission and 2,251
shall cause written notice of the time, date, and place of the 2,252
first meeting to be given to each member of the commission at 2,253
least forty-eight hours in advance of the meeting. 2,254
(D) The superintendent of public instruction shall serve 2,256
as the commission's chairperson and the commission shall elect 2,257
one of its members as vice-chairperson and may appoint a 2,258
secretary and any other officers, who need not be members of the 2,259
50
commission, AS it considers necessary. 2,260
(E) The commission may adopt and alter bylaws and rules, 2,262
which shall not be subject to section 111.15 or Chapter 119. of 2,263
the Revised Code, for the conduct of its affairs and for the 2,264
manner, subject to this chapter, in which its powers and 2,265
functions shall be exercised and embodied.
(F) Four THREE members of the commission constitute a 2,267
quorum of the commission. The affirmative vote of four THREE 2,268
members of the commission is necessary for any action taken by 2,270
vote of the commission. No vacancy in the membership of the 2,271
commission shall impair the rights of a quorum by such vote to 2,272
exercise all the rights and perform all the duties of the 2,273
commission. Members of the commission, and their designees, are 2,274
not disqualified from voting by reason of the functions of the 2,275
other office they hold and are not disqualified from exercising 2,276
the functions of the other office with respect to the school 2,277
district, its officers, or the commission. 2,278
(G) THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL 2,280
SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE 2,281
COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR 2,282
THAT SERVICE. At the request of the commission the auditor of 2,283
state shall designate employees of the auditor of state's office 2,284
to assist the commission and to coordinate the work of the 2,285
auditor of state's office. Upon the declaration of a fiscal 2,286
emergency in any school district, the school district shall 2,288
provide the commission with such reasonable office space in the 2,289
principal building housing the administrative offices of the 2,290
school district, where feasible, as the commission determines is
necessary to carry out its duties under this chapter. 2,291
The attorney general shall serve as the legal counsel for 2,293
the commission.
(H) The members of the commission, the superintendent of 2,296
public instruction, the auditor of state, and any person 2,297
authorized to act on behalf of or assist them shall not be
51
personally liable or subject to any suit, judgment, or claim for 2,298
damages resulting from the exercise of or failure to exercise the 2,299
powers, duties, and functions granted to them in regard to their 2,300
functioning under this chapter, but the commission, the 2,301
superintendent of public instruction, the auditor of state, and 2,302
such other persons shall be subject to mandamus proceedings to 2,303
compel performance of their duties under this chapter. 2,304
(I) At the request of the commission the administrative 2,306
head of any state agency shall temporarily assign personnel 2,307
skilled in accounting and budgeting procedures to assist the 2,308
commission in its duties. 2,309
(J) The appointed members of the commission are not 2,311
subject to section 102.02 of the Revised Code, each appointed 2,312
member of the commission shall file with the commission a signed 2,313
written statement setting forth the general nature of sales of 2,314
goods, property, or services or of loans to the school district 2,315
with respect to which that commission is established, in which 2,316
the appointed member has a pecuniary interest or in which any 2,317
member of the appointed member's immediate family, as defined in 2,318
section 102.01 of the Revised Code, or any corporation, 2,319
partnership, or enterprise of which the appointed member is an
officer, director, or partner, or of which the appointed member 2,320
or a member of the appointed member's immediate family, as so 2,321
defined, owns more than a five per cent interest, has a pecuniary 2,323
interest, and of which sale, loan, or interest such member has 2,324
knowledge. The statement shall be supplemented from time to time 2,325
to reflect changes in the general nature of any such sales or 2,326
loans.
(K) Meetings of the commission shall be subject to section 2,328
121.22 of the Revised Code except that division (C) of such 2,329
section requiring members to be physically present to be part of 2,330
a quorum or vote does not apply if the commission holds a meeting 2,331
by teleconference and if provisions are made for public 2,332
attendance at any location involved in such teleconference.
52
Sec. 3316.06. (A) Within sixty ONE HUNDRED TWENTY days 2,345
after the first meeting of a school district financial planning 2,347
and supervision commission, the commission shall adopt a 2,348
financial recovery plan regarding the school district for which 2,349
the commission was created. During the formulation of the plan, 2,350
the commission shall seek appropriate input from the school
district board and from the community. This plan shall contain 2,351
the following:
(1) Actions to be taken to: 2,353
(a) Eliminate all fiscal emergency conditions declared to 2,356
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and 2,358
all past-due and payable payroll and fringe benefits; 2,359
(c) Eliminate the deficits in all deficit funds; 2,361
(d) Restore to special funds any moneys from such funds 2,363
that were used for purposes not within the purposes of such 2,365
funds, or borrowed from such funds by the purchase of debt 2,366
obligations of the school district with the moneys of such funds, 2,367
or missing from the special funds and not accounted for, if any; 2,368
(e) Balance the budget, avoid future deficits in any 2,370
funds, and maintain on a current basis payments of payroll, 2,371
fringe benefits, and all accounts; 2,372
(f) Avoid any fiscal emergency condition in the future; 2,374
(g) Restore the ability of the school district to market 2,376
long-term general obligation bonds under provisions of law 2,377
applicable to school districts generally. 2,378
(2) The management structure that will enable the school 2,380
district to take the actions enumerated in division (A)(1) of 2,381
this section. The plan shall specify the level of fiscal and 2,382
management control that the commission will exercise within the 2,383
school district during the period of fiscal emergency, and shall 2,384
enumerate respectively, the powers and duties of the commission 2,385
and the powers and duties of the school board during that period. 2,386
53
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 2,387
related to personnel, curriculum, and legal issues in order to 2,388
successfully implement the actions described in division (A)(1) 2,389
of this section.
(3) The target dates for the commencement, progress upon, 2,392
and completion of the actions enumerated in division (A)(1) of 2,393
this section and a reasonable period of time expected to be 2,394
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 2,396
the requirements for the plan, and the plan shall be consistent 2,397
with that time schedule.
(4) The amount and purpose of any issue of debt 2,399
obligations that will be issued, together with assurances that 2,400
any such debt obligations that will be issued will not exceed 2,401
debt limits supported by appropriate certifications by the fiscal 2,402
officer of the school district and the county auditor. Debt 2,403
obligations issued pursuant to section 133.301 of the Revised 2,404
Code shall include assurances that such debt shall be in an 2,405
amount not to exceed the amount certified under division (B) of 2,406
such section. If the commission considers it necessary in order 2,409
to maintain or improve educational opportunities of pupils in the 2,410
school district, the plan may include a proposal to restructure
or refinance outstanding debt obligations incurred by the board 2,411
under section 3313.483 of the Revised Code contingent upon the 2,413
approval, during the period of the fiscal emergency, by district
voters of a tax levied under section 718.09, 718.10, 5705.194, 2,414
5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a 2,416
renewal or replacement levy and that will provide new operating 2,417
revenue. Notwithstanding any provision of Chapter 133. or 2,419
sections 3313.483 through TO 3313.4811 of the Revised Code,
following the required approval of the district voters and with 2,421
the approval of the commission, the school district may issue 2,422
securities to evidence the restructuring or refinancing. Those 2,423
54
securities may extend the original period for repayment, not to 2,424
exceed ten years, and may alter the frequency and amount of 2,426
repayments, interest or other financing charges, and other terms 2,427
of agreements under which the debt originally was contracted, at 2,428
the discretion of the commission, provided that any loans 2,429
received pursuant to section 3313.483 of the Revised Code shall
be paid from funds the district would otherwise receive under 2,430
sections 3317.022 to 3317.025 of the Revised Code, as required 2,431
under division (E)(3) of section 3313.483 of the Revised Code. 2,432
The securities issued for the purpose of restructuring or 2,433
refinancing the debt shall be repaid in equal payments and at
equal intervals over the term of the debt and are not eligible to 2,434
be included in any subsequent proposal for the purpose of 2,435
restructuring or refinancing debt under this section. 2,436
(B) Any financial recovery plan may be amended subsequent 2,438
to its adoption. Each financial recovery plan shall be updated 2,439
annually.
Sec. 3317.01. As used in this section and section 3317.011 2,448
of the Revised Code, "school district," unless otherwise 2,449
specified, means any city, local, exempted village, joint 2,450
vocational, or cooperative education school district and any 2,452
educational service center.
This chapter shall be administered by the state board of 2,454
education. The superintendent of public instruction shall 2,455
calculate the amounts payable to each school district and shall 2,456
certify the amounts payable to each eligible district to the 2,457
treasurer of the district as provided by this chapter. No moneys 2,458
shall be distributed pursuant to this chapter without the 2,459
approval of the controlling board. 2,460
The state board of education shall, in accordance with 2,462
appropriations made by the general assembly, meet the financial 2,463
obligations of this chapter, except that moneys to meet the 2,464
financial obligations of section 3301.17 of the Revised Code 2,465
shall be supplemented from funds available to the state from the 2,466
55
United States or any agency or department thereof for a driver 2,467
education course of instruction. 2,468
Annually, the department of education shall calculate and 2,470
report to each school district the district's total state and 2,471
local funds for providing an adequate basic education to the 2,472
district's nonhandicapped students, utilizing the determination 2,473
in section 3317.012 of the Revised Code. In addition, the
department shall calculate and report separately for each school 2,474
district the district's total state and local funds for providng 2,475
an adequate education for its handicapped students, utilizing the 2,476
determinations in both sections 3317.012 and 3317.013 of the 2,477
Revised Code.
NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF EACH 2,479
FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO EACH 2,480
SCHOOL DISTRICT AND MR/DD BOARD A PRELIMINARY ESTIMATE OF THE 2,481
AMOUNT OF FUNDING THAT THE DEPARTMENT CALCULATES THE DISTRICT 2,482
WILL RECEIVE UNDER EACH OF DIVISIONS (C)(1) AND (5) OF SECTION 2,483
3317.022 OF THE REVISED CODE. NO LATER THAN THE FIRST DAY OF 2,484
DECEMBER OF EACH FISCAL YEAR, THE DEPARTMENT SHALL UPDATE THAT
PRELIMINARY ESTIMATE. 2,485
Moneys distributed pursuant to this chapter shall be 2,487
calculated and paid on a fiscal year basis, beginning with the 2,488
first day of July and extending through the thirtieth day of 2,489
June. The moneys appropriated for each fiscal year shall be 2,490
distributed at least monthly to each school district unless 2,491
otherwise provided for. The state board shall submit a yearly 2,492
distribution plan to the controlling board at its first meeting 2,494
in July. The state board shall submit any proposed midyear
revision of the plan to the controlling board in January. Any 2,496
year-end revision of the plan shall be submitted to the 2,497
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 2,498
shall be on the same basis for each school district. 2,499
The total amounts paid each month shall constitute, as 2,501
56
nearly as possible, one-twelfth of the total amount payable for 2,502
the entire year. Payments made during the first six months of 2,503
the fiscal year may be based on an estimate of the amounts 2,504
payable for the entire year. Payments made in the last six 2,505
months shall be based on the final calculation of the amounts 2,506
payable to each school district for that fiscal year. Payments 2,507
made in the last six months may be adjusted, if necessary, to 2,508
correct the amounts distributed in the first six months, and to 2,509
reflect enrollment increases when such are at least three per 2,510
cent. Except as otherwise provided, payments under this chapter 2,511
shall be made only to those school districts in which: 2,512
(A) The school district, except for any educational 2,515
service center and any joint vocational or cooperative education 2,516
school district, levies for current operating expenses at least 2,517
twenty mills. Levies for joint vocational or cooperative 2,519
education school districts or county school financing districts, 2,520
limited to or to the extent apportioned to current expenses, 2,521
shall be included in this qualification requirement. School 2,522
district income tax levies under Chapter 5748. of the Revised 2,523
Code, limited to or to the extent apportioned to current 2,524
operating expenses, shall be included in this qualification 2,525
requirement to the extent determined by the tax commissioner 2,526
under division (C) of section 3317.021 of the Revised Code. 2,527
(B) The school year next preceding the fiscal year for 2,529
which such payments are authorized meets the requirement of 2,530
section 3313.48 or 3313.481 of the Revised Code, with regard to 2,531
the minimum number of days or hours school must be open for 2,532
instruction with pupils in attendance, for individualized 2,533
parent-teacher conference and reporting periods, and for 2,534
professional meetings of teachers. This requirement shall be 2,535
waived by the superintendent of public instruction if it had been 2,536
necessary for a school to be closed because of disease epidemic, 2,537
hazardous weather conditions, inoperability of school buses or 2,538
other equipment necessary to the school's operation, damage to a 2,539
57
school building, or other temporary circumstances due to utility 2,540
failure rendering the school building unfit for school use, 2,541
provided that for those school districts operating pursuant to 2,542
section 3313.48 of the Revised Code the number of days the school 2,543
was actually open for instruction with pupils in attendance and 2,544
for individualized parent-teacher conference and reporting 2,545
periods is not less than one hundred seventy-five, or for those 2,546
school districts operating on a trimester plan the number of days 2,547
the school was actually open for instruction with pupils in 2,548
attendance not less than seventy-nine days in any trimester, for 2,549
those school districts operating on a quarterly plan the number 2,550
of days the school was actually open for instruction with pupils 2,551
in attendance not less than fifty-nine days in any quarter, or 2,552
for those school districts operating on a pentamester plan the 2,553
number of days the school was actually open for instruction with 2,554
pupils in attendance not less than forty-four days in any 2,555
pentamester.
A school district shall not be considered to have failed to 2,557
comply with this division or section 3313.481 of the Revised Code 2,558
because schools were open for instruction but either twelfth 2,559
grade students were excused from attendance for up to three days 2,560
or only a portion of the kindergarten students were in attendance 2,561
for up to three days in order to allow for the gradual 2,562
orientation to school of such students. 2,563
The superintendent of public instruction shall waive the 2,565
requirements of this section with reference to the minimum number 2,566
of days or hours school must be in session with pupils in 2,567
attendance for the school year succeeding the school year in 2,568
which a board of education initiates a plan of operation pursuant 2,569
to section 3313.481 of the Revised Code. The minimum 2,570
requirements of this section shall again be applicable to such a 2,571
district beginning with the school year commencing the second 2,572
July succeeding the initiation of one such plan, and for each 2,573
school year thereafter. 2,574
58
A school district shall not be considered to have failed to 2,576
comply with this division or section 3313.48 or 3313.481 of the 2,577
Revised Code because schools were open for instruction but the 2,578
length of the regularly scheduled school day, for any number of 2,579
days during the school year, was reduced by not more than two 2,580
hours due to hazardous weather conditions.
(C) The school district has on file, and is paying in 2,582
accordance with, a teachers' salary schedule which complies with 2,584
section 3317.13 of the Revised Code.
A board of education or governing board of an educational 2,586
service center which has not conformed with other law and the 2,588
rules pursuant thereto, shall not participate in the distribution 2,589
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 2,590
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 2,591
good and sufficient reason established to the satisfaction of the 2,592
state board of education and the state controlling board. 2,593
All funds allocated to school districts under this chapter, 2,595
except those specifically allocated for other purposes, shall be 2,596
used to pay current operating expenses only. 2,597
Sec. 3317.014. THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL 2,599
COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST 2,600
PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 2,601
THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL 2,602
EDUCATION PROGRAMS ARE AS FOLLOWS: 2,603
(A) A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL 2,605
EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS 2,606
APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES 2,607
ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE. 2,608
(B) A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL 2,610
EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE 2,611
DEVELOPMENT PROGRAMS DESIGNATED BY THE DEPARTMENT OF EDUCATION AS 2,612
CATEGORY TWO VOCATIONAL EDUCATION SERVICES. 2,613
VOCATIONAL EDUCATION ASSOCIATED SERVICES COSTS CAN BE 2,615
EXPRESSED AS A MULTIPLE OF 0.05 OF THE BASE COST PER PUPIL 2,616
59
CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 2,617
Sec. 3317.02. As used in this chapter: 2,626
(A) Unless otherwise specified, "school district" means 2,628
city, local, and exempted village school districts. 2,629
(B) "Formula amount" means the base cost for the fiscal 2,631
year specified in section 3317.012 of the Revised Code, except 2,633
that to allow for the orderly phase-in of the increased funding 2,634
specified in that section, the formula amount for fiscal year 2,635
1999 shall be $3,851; the formula amount for fiscal year 2000 2,636
shall be $4,038 4,052; and the formula amount for fiscal year 2,638
2001 shall be $4,226 4,276. Thereafter, the formula amount shall 2,640
be as specified in that section.
(C) "FTE basis" means a count of students based on 2,643
full-time equivalency, in accordance with rules adopted by the 2,644
department of education pursuant to section 3317.03 of the 2,645
Revised Code. In adopting its rules under this division, the 2,646
department shall provide for counting any student in a district's 2,647
category one, two, or three special education ADM OR IN CATEGORY 2,649
ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the 2,650
student is counted in formula ADM. 2,651
(D)(1) "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED 2,654
VILLAGE SCHOOL DISTRICT, the number reported pursuant to division 2,656
(A) of section 3317.03 of the Revised Code, AND FOR A JOINT
VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO 2,657
DIVISION (D) OF THAT SECTION. 2,658
(2) "Three-year average formula ADM" means the average of 2,660
a school district's formula ADMs for the current and preceding 2,662
two fiscal years. However, as applicable in fiscal years 1999 2,663
and 2000, the three-year average FOR CITY, LOCAL, AND EXEMPTED 2,664
VILLAGE SCHOOL DISTRICTS shall be determined utilizing the FY 2,665
1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year 2,666
1997 or 1998. IN FISCAL YEARS 2000 AND 2001, THE THREE-YEAR 2,667
AVERAGE FOR JOINT VOCATIONAL SCHOOL DISTRICTS SHALL BE DETERMINED 2,669
UTILIZING THE AVERAGE DAILY MEMBERSHIP REPORTED IN FISCAL YEARS
60
1998 AND 1999 UNDER DIVISION (D) OF SECTION 3317.03 OF THE 2,670
REVISED CODE IN LIEU OF FORMULA ADM FOR FISCAL YEARS 1998 AND 2,671
1999.
(E) "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL 2,674
district's average daily membership reported for the applicable 2,675
fiscal year under the version of division (A) of section 3317.03 2,676
of the Revised Code in effect during that fiscal year, adjusted 2,678
as follows:
(1) Minus the average daily membership of handicapped 2,681
preschool children;
(2) Minus one-half of the average daily membership 2,684
attending kindergarten;
(3) Minus three-fourths of the average daily membership 2,687
attending a joint vocational school district; 2,688
(4) Plus the average daily membership entitled under 2,690
section 3313.64 or 3313.65 of the Revised Code to attend school 2,692
in the district but receiving educational services in approved 2,693
units from an educational service center or another school 2,694
district under a compact or a cooperative education agreement, as 2,695
determined by the department;
(5) Minus the average daily membership receiving 2,697
educational services from the district in approved units but 2,698
entitled under section 3313.64 or 3313.65 of the Revised Code to 2,699
attend school in another school district, as determined by the 2,700
department.
(F)(1) "Category one special education ADM" means the 2,704
average daily membership of handicapped children receiving
special education services for those handicaps specified in 2,706
division (A) of section 3317.013 of the Revised Code and reported 2,707
under division (B)(5) OR (D)(2)(b) of section 3317.03 of the 2,710
Revised Code.
(2) "Category two special education ADM" means the average 2,714
daily membership of handicapped children receiving special 2,715
education services for those handicaps specified in division (B) 2,716
61
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 2,718
Code. 2,719
(3) "Category three special education ADM" means the 2,723
average daily membership of students receiving special education 2,724
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 2,725
terms are defined pursuant to Chapter 3323. of the Revised Code, 2,726
and reported under division (B)(7) OR (D)(2)(d) of section 2,727
3317.03 of the Revised Code. 2,728
(4) "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE 2,731
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL
EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 2,732
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR 2,733
(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE. 2,734
(5) "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE 2,736
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL 2,737
EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014 2,738
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR 2,739
(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE. 2,740
(6) "CATEGORY THREE VOCATIONAL EDUCATION ADM" MEANS THE 2,742
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING OTHER VOCATIONAL 2,743
EDUCATION PROGRAMS OR SERVICES DESIGNATED AS CATEGORY THREE 2,744
VOCATIONAL EDUCATION SERVICES BY THE DEPARTMENT OF EDUCATION AND 2,745
REPORTED UNDER DIVISION (B)(10) OR (D)(2)(g) OF SECTION 3317.03 2,747
OF THE REVISED CODE.
(G) "Handicapped preschool child" means a handicapped 2,750
child, as defined in section 3323.01 of the Revised Code, who is 2,751
at least age three but is not of compulsory school age, as 2,752
defined in section 3321.01 of the Revised Code, and who has not 2,753
entered kindergarten.
(H) "County MR/DD board" means a county board of mental 2,756
retardation and developmental disabilities. 2,757
(I) "Recognized valuation" means the amount calculated for 2,760
62
a school district pursuant to section 3317.015 of the Revised 2,761
Code.
(J) "Transportation ADM" means the number of children 2,764
reported under division (B)(9)(11) of section 3317.03 of the 2,765
Revised Code.
(K) "Most AVERAGE efficient transportation use cost per 2,767
transported student" for a SCHOOL district means a statistical 2,769
representation of transportation costs as calculated under 2,771
division (D)(4)(3) of section 3317.022 of the Revised Code. 2,772
(L) "Taxes charged and payable" means the taxes charged 2,774
and payable against real and public utility property after making 2,775
the reduction required by section 319.301 of the Revised Code, 2,776
plus the taxes levied against tangible personal property. 2,777
(M) "Total taxable value" means the sum of the amounts 2,780
certified for a city, local, exempted village, or joint 2,781
vocational school district under divisions (A)(1) and (2) of 2,782
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 2,784
indicated in this division for the county in which the A CITY, 2,785
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is 2,786
located, adjusted in accordance with division (N)(2) of this 2,788
section. If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
district is located in more than one county, the factor is the 2,790
amount indicated for the county to which the district is assigned 2,791
by the state department of education. IF A JOINT VOCATIONAL 2,792
SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS
THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL 2,793
SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS 2,794
LOCATED. 2,795
COST-OF-DOING-BUSINESS 2,797
COUNTY FACTOR AMOUNT 2,798
Adams 1.0100 1.0074 2,799
Allen 1.0272 1.0217 2,800
Ashland 1.0362 1.0322 2,801
63
Ashtabula 1.0540 1.0480 2,802
Athens 1.0040 1.0046 2,803
Auglaize 1.0300 1.0255 2,804
Belmont 1.0101 1.0078 2,805
Brown 1.0218 1.0194 2,806
Butler 1.0662 1.0650 2,807
Carroll 1.0180 1.0166 2,808
Champaign 1.0432 1.0292 2,809
Clark 1.0489 1.0462 2,810
Clermont 1.0498 1.0510 2,811
Clinton 1.0287 1.0293 2,812
Columbiana 1.0320 1.0300 2,813
Coshocton 1.0224 1.0205 2,814
Crawford 1.0174 1.0152 2,815
Cuyahoga 1.0725 1.0697 2,816
Darke 1.0360 1.0340 2,817
Defiance 1.0214 1.0177 2,818
Delaware 1.0512 1.0339 2,819
Erie 1.0414 1.0391 2,820
Fairfield 1.0383 1.0358 2,821
Fayette 1.0281 1.0266 2,822
Franklin 1.0548 1.0389 2,823
Fulton 1.0382 1.0355 2,824
Gallia 1.0000 2,825
Geauga 1.0608 1.0568 2,826
Greene 1.0418 1.0406 2,827
Guernsey 1.0091 1.0072 2,828
Hamilton 1.0750 2,829
Hancock 1.0270 1.0224 2,830
Hardin 1.0384 1.0219 2,831
Harrison 1.0111 1.0098 2,832
Henry 1.0389 1.0347 2,833
Highland 1.0177 1.0139 2,834
Hocking 1.0164 1.0149 2,835
64
Holmes 1.0275 1.0237 2,836
Huron 1.0348 1.0317 2,837
Jackson 1.0176 1.0132 2,838
Jefferson 1.0090 1.0084 2,839
Knox 1.0276 1.0251 2,840
Lake 1.0627 1.0596 2,841
Lawrence 1.0154 1.0128 2,842
Licking 1.0418 1.0381 2,843
Logan 1.0376 1.0188 2,844
Lorain 1.0573 1.0535 2,845
Lucas 1.0449 1.0413 2,846
Madison 1.0475 1.0342 2,847
Mahoning 1.0465 1.0426 2,848
Marion 1.0289 1.0121 2,849
Medina 1.0656 1.0608 2,850
Meigs 1.0016 1.0031 2,851
Mercer 1.0209 1.0177 2,852
Miami 1.0456 1.0425 2,853
Monroe 1.0152 1.0118 2,854
Montgomery 1.0484 1.0482 2,855
Morgan 1.0168 1.0140 2,856
Morrow 1.0293 1.0268 2,857
Muskingum 1.0194 1.0167 2,858
Noble 1.0150 1.0129 2,859
Ottawa 1.0529 1.0510 2,860
Paulding 1.0216 1.0156 2,861
Perry 1.0185 1.0175 2,862
Pickaway 1.0350 1.0338 2,863
Pike 1.0146 1.0103 2,864
Portage 1.0595 1.0556 2,865
Preble 1.0523 1.0486 2,866
Putnam 1.0308 1.0253 2,867
Richland 1.0232 1.0205 2,868
Ross 1.0111 1.0089 2,869
65
Sandusky 1.0361 1.0336 2,870
Scioto 1.0082 1.0044 2,871
Seneca 1.0265 1.0240 2,872
Shelby 1.0274 1.0257 2,873
Stark 1.0330 1.0313 2,874
Summit 1.0642 1.0616 2,875
Trumbull 1.0465 1.0425 2,876
Tuscarawas 1.0109 1.0099 2,877
Union 1.0488 1.0330 2,878
Van Wert 1.0181 1.0126 2,879
Vinton 1.0065 1.0068 2,880
Warren 1.0678 1.0651 2,881
Washington 1.0124 1.0110 2,882
Wayne 1.0446 1.0406 2,883
Williams 1.0316 1.0268 2,884
Wood 1.0431 1.0405 2,885
Wyandot 1.0227 1.0191 2,886
(2) As used in this division, "multiplier" means the 2,891
number for the corresponding fiscal year as follows: 2,892
FISCAL YEAR OF THE 2,894
COMPUTATION MULTIPLIER 2,895
1998 9.6/7.5 2,897
1999 11.0/7.5 2,898
2000 12.4/7.5 2,899
2001 13.8/7.5 2,900
2002 15.2/7.5 2,901
2003 16.6/7.5 2,902
2004 and thereafter 18.0/7.5 2,903
Beginning in fiscal year 1998, the department shall 2,906
annually adjust the cost-of-doing-business factor for each county 2,908
in accordance with the following formula: 2,909
[(The cost-of-doing-business factor specified under 2,911
division (N)(1) of this section - 1) X (the multiplier 2,912
for the fiscal year of the calculation)< + 1 2,913
66
The result of such formula shall be the adjusted 2,915
cost-of-doing-business factor for that fiscal year. 2,916
(O) "Tax exempt value" of a school district means the 2,918
amount certified for a school district under division (A)(4) of 2,919
section 3317.021 of the Revised Code. 2,920
(P) "Potential value" of a school district means the 2,922
adjusted total taxable value of a school district plus the tax 2,924
exempt value of the district. 2,925
(Q) "District median income" means the median Ohio 2,927
adjusted gross income certified for a school district. On or 2,928
before the first day of July of each year, the tax commissioner 2,929
shall certify to the department of education for each city, 2,930
exempted village, and local school district the median Ohio 2,931
adjusted gross income of the residents of the school district 2,932
determined on the basis of tax returns filed for the second 2,933
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 2,935
median income of all city, exempted village, and local school 2,937
districts in the state.
(S) "Income factor" for a city, exempted village, or local 2,939
school district means the quotient obtained by dividing that 2,940
district's median income by the statewide median income. 2,941
(T) Except as provided in division (B)(3) of section 2,944
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 2,946
recognized valuation divided by the greater of the district's 2,947
formula ADM or three-year average formula ADM. 2,948
(U) Except as provided in section 3317.0213 of the Revised 2,951
Code, "adjusted valuation per pupil" means the amount calculated 2,952
in accordance with the following formula: 2,953
District valuation per pupil - [$60,000 X 2,955
(1 - district income factor)< 2,956
If the result of such formula is negative, the adjusted 2,958
valuation per pupil shall be zero. 2,959
67
(V) "Income adjusted valuation" means the product obtained 2,961
by multiplying the SCHOOL district's adjusted valuation per pupil 2,962
by the greater of the district's formula ADM or three-year 2,965
average formula ADM.
(W) Except as provided in division (A)(2) of section 2,968
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 2,969
(1) In any fiscal year that a SCHOOL district's income 2,971
factor is less than or equal to one, the amount calculated under 2,973
the following formula:
(Income adjusted valuation X 1/5) + 2,974
(recognized valuation X 4/5) 2,975
(2) In fiscal year 1999, if a SCHOOL district's income 2,978
factor is greater than one, the amount calculated under the 2,979
following formula: 2,980
(Income adjusted valuation X 1/15) 2,981
+ (recognized valuation X 14/15) 2,982
Thereafter, the adjusted total taxable value of a district 2,984
with an income factor greater than one shall be its recognized 2,986
valuation.
Sec. 3317.022. (A)(1) The department of education shall 2,995
compute and distribute state basic aid BASE COST FUNDING to each 2,997
school district for the fiscal year in accordance with the
following formula, using adjusted total taxable value as defined 2,999
under division (W) of IN section 3317.02 of the Revised Code or 3,000
division (A)(2) of this section and the information obtained 3,002
under section 3317.021 of the Revised Code in the calendar year 3,003
in which the fiscal year begins.
Compute the following for each eligible district: 3,005
[cost-of-doing-business factor X 3,006
the formula amount X (the greater of formula ADM 3,007
or three-year average formula ADM)< - 3,008
(.023 X adjusted total taxable value) 3,009
If the difference obtained is a negative number, the 3,011
68
district's computation shall be zero. 3,012
(2)(a) For each school district for which the tax exempt 3,014
value of the district equals or exceeds twenty-five per cent of 3,015
the potential value of the district, the department of education 3,016
shall calculate the difference between the district's tax exempt 3,017
value and twenty-five per cent of the district's potential value. 3,018
(b) For each school district to which division (A)(2)(a) 3,021
of this section applies, the adjusted total taxable value used in 3,022
the calculation under division (A)(1) of this section shall be 3,023
the adjusted total taxable value modified by subtracting the 3,024
amount calculated under division (A)(2)(a) of this section. 3,025
(B) As used in division (C) of this section: 3,027
(1) The "total special education weight" for a district 3,029
means the sum of the following amounts: 3,030
(a) The district's category one special education ADM 3,032
multiplied by the multiple specified under division (A) of 3,035
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 3,037
three special education ADMs multiplied by the multiple specified 3,039
under division (B) of section 3317.013 of the Revised Code. 3,040
(2) "State share percentage" means the percentage 3,042
calculated for a district as follows: 3,043
(a) Calculate the basic aid STATE BASE COST FUNDING amount 3,045
for the district for the fiscal year under division (A) of this 3,047
section. If the district would not receive any state basic aid 3,048
BASE COST FUNDING for that year under that division, the 3,050
district's state share percentage is zero.
(b) If the district would receive basic aid STATE BASE 3,052
COST FUNDING under that division, divide that basic aid amount by 3,054
an amount equal to the following: 3,055
Cost-of-doing-business factor X 3,057
the formula amount X (the greater of formula 3,058
ADM or three-year average formula ADM) 3,059
The resultant number is the district's state share 3,061
69
percentage. 3,062
(3) "Related services" includes: 3,064
(a) Child study, special education supervisors and 3,066
coordinators, speech and hearing services, adaptive physical 3,067
development services, occupational or physical therapy, teacher 3,069
assistants for handicapped children whose handicaps are described 3,070
in division (B) of section 3317.013 or division (F)(3) of section 3,071
3317.02 of the Revised Code, behavioral intervention, interpreter 3,073
services, work study, nursing services, and specialized 3,074
integrative services as those terms are defined by the
department;
(b) Speech and language services provided to any student 3,077
with a handicap, including any student whose primary or only 3,078
handicap is a speech and language handicap;
(c) Any related service not specifically covered by other 3,081
state funds but specified in federal law, including but not 3,082
limited to, audiology and school psychological services;
(d) Any service included in units funded under former 3,085
division (O)(1) of section 3317.023 of the Revised Code; 3,086
(e) Any other related service needed by handicapped 3,089
children in accordance with their individualized education plans. 3,090
(4) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT 3,092
MEANS THE SUM OF THE FOLLOWING AMOUNTS: 3,093
(a) THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM 3,095
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION 3,096
3317.014 OF THE REVISED CODE; 3,097
(b) THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM 3,099
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 3,100
3317.014 OF THE REVISED CODE. 3,101
(C)(1) The department shall compute and distribute state 3,103
special education and related services additional weighted costs 3,104
funds to each school district in accordance with the following 3,105
formula:
The district's state share percentage 3,107
70
X the formula amount for the year 3,108
for which the aid is calculated 3,109
X the district's total special education weight 3,110
(2) In any fiscal year, a school district receiving funds 3,112
under division (C)(1) of this section shall spend on related 3,114
services the lesser of the following: 3,115
(a) The amount the district spent on related services in 3,118
the preceding fiscal year;
(b) 1/8 X §[cost-of-doing-business factor X the formula 3,121
amount X (the category one special education ADM + category two 3,122
special education ADM + category three special education ADM)< + 3,124
the amount calculated for the fiscal year under division (C)(1) 3,126
of this section + the local share of special education and 3,127
related services additional weighted costs 3,128
(3) The local share of special education and related 3,130
services additional weighted costs equals: 3,131
(1 - the district's state share percentage) X 3,133
the district's total special education weight X 3,134
the formula amount 3,135
(4) The department shall compute and pay in accordance 3,138
with this division additional state aid to school districts for 3,139
students in category three special education ADM. If a 3,140
district's costs for the fiscal year for a student in its 3,141
category three special education ADM are twenty-five thousand 3,143
dollars or more, the district may submit to the superintendent of 3,144
public instruction documentation, as prescribed by the 3,145
superintendent, of all its costs for that student. Upon 3,146
submission of documentation for a student of the type and in the 3,147
manner prescribed, the department shall pay to the district an 3,148
amount equal to the district's costs for the student in excess of 3,149
twenty-five thousand dollars multiplied by the district's state 3,150
share percentage.
(5)(a) AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE" 3,152
MEANS TWENTY THOUSAND DOLLARS IN FISCAL YEAR 2000 AND TWENTY-FIVE 3,153
71
THOUSAND DOLLARS IN FISCAL YEAR 2001. 3,154
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 3,156
FOR NO OTHER PURPOSE, THE DEPARTMENT OF EDUCATION SHALL PAY EACH 3,157
SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE FOLLOWING FORMULA: 3,158
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 3,161
ALLOWANCE X THE STATE SHARE PERCENTAGE 3,162
(6) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 3,164
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS 3,165
ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED 3,166
FOR SPECIAL EDUCATION EXPENSES. 3,167
(D)(1) As used in this division, "log density" means the 3,169
logarithmic calculation (base 10) of each district's 3,170
transportation ADM per linear mile: 3,171
(a) "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS 3,173
MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE. 3,174
(b) "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS 3,176
DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER 3,177
OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE 3,178
NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION 3,179
ADM.
(c) "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION 3,181
ADM DIVIDED BY TRANSPORTATION BASE. 3,182
(2) ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS 3,184
RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION 3,185
USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION 3,186
FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF 3,187
DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT 3,188
PERCENTAGE. FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE 3,189
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS 3,190
EXPRESSED AS FOLLOWS:
50.67477 + (140.94357 X DAILY BUS MILES PER STUDENT) + 3,192
(108.36864 X TRANSPORTED STUDENT PERCENTAGE) 3,193
(3) In addition to funds paid under divisions (A) and, 3,196
(C), (E), AND (F) of this section, each district WITH A 3,197
72
TRANSPORTED STUDENT PERCENTAGE GREATER THAN ZERO shall receive a 3,198
payment equal to sixty per cent A PERCENTAGE of THE PRODUCT OF 3,199
the district's transportation ADM BASE times the district's most 3,200
AVERAGE efficient transportation use cost per transported 3,201
student. THAT PERCENTAGE SHALL BE THE FOLLOWING PERCENTAGE 3,202
SPECIFIED FOR
(3) In fiscal years 1999 through 2002, notwithstanding the 3,204
amount calculated for each district under division (D)(2) of this 3,205
section, each district shall receive in the corresponding fiscal 3,206
year the following percentage of the district's transportation 3,208
ADM times the district's most efficient transportation use cost 3,209
per transported student:
FISCAL YEAR PERCENTAGE 3,211
1999 50% 3,212
2000 52.5% 3,213
2001 55% 3,214
2002 57.5% 3,215
2003 AND THEREAFTER 60% 3,216
(4) For purposes of funding the student transportation 3,220
portion, the THE department of education shall ANNUALLY determine 3,221
the most AVERAGE efficient transportation use cost per 3,223
transported student for each school district. This cost per 3,224
student shall be an amount equal to the number ten to a power 3,225
calculated in accordance with the following formula: 3,226
(-0.413148 X log density) + 2.493129 3,227
(5) The department of education shall annually update the 3,230
most efficient transportation use cost per transported student 3,231
for each district in accordance with the PRINCIPLES STATED IN 3,232
DIVISION (D)(2) OF THIS SECTION, UPDATING THE INTERCEPT AND 3,233
REGRESSION COEFFICIENTS OF THE REGRESSION formula MODELED in THAT 3,234
division (D)(4) of this section, including the figures and log 3,236
density component of that formula, based on an annual statewide 3,237
analysis of each district's transportation ADM per linear mile 3,239
DAILY BUS MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, and 3,240
73
TRANSPORTATION COST DATA. THE DEPARTMENT shall notify the office
of budget and management of such update by September of every 3,242
year.
The department of education shall use the most recent 3,244
available PRIOR FISCAL YEAR'S data as of the first day of July of 3,245
each year to complete the annual update. The department shall 3,246
AND apply a 2.8 per cent inflation cost adjustment factor for 3,247
each fiscal year since the fiscal year for which the data applies 3,249
to adjust the amount calculated for each district under division 3,250
(D)(2) or (3) of this section to the current fiscal year level. 3,251
(4) NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS 3,253
SECTION, IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE 3,255
THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS 3,256
OR THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER 3,257
DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT 3,258
FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB. 3,260
H.B. 650 OF THE 122nd GENERAL ASSEMBLY. 3,262
(5) IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO 3,264
(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD 3,265
SUBSIDY IF BOTH OF THE FOLLOWING APPLY: 3,266
(a) ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE 3,268
STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN 3,269
DIVISION (D)(6) OF THIS SECTION; 3,270
(b) ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE 3,273
STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT 3,274
DIVISION.
(6) THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING 3,276
THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE 3,277
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,278
(PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X 3,281
DENSITY MULTIPLIER 3,282
WHERE: 3,284
(a) "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED 3,286
IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,287
74
0.75 - §0.75 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY 3,290
ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE - 3,291
STATEWIDE ROUGH ROAD PERCENTAGE)< 3,292
(i) "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST 3,294
COUNTY ROUGH ROAD PERCENTAGE IN THE STATE. 3,295
(ii) "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE 3,297
OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS 3,298
THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B, 3,300
C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED 3,301
OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 3,302
COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS 3,303
COST-OF-DOING-BUSINESS FACTOR. 3,304
(iii) "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE 3,306
PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL, 3,307
COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR 3,308
F BY THE DEPARTMENT OF TRANSPORTATION. 3,309
(b) "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S 3,311
TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD 3,312
PERCENTAGE.
(c) "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN 3,314
ACCORDANCE WITH THE FOLLOWING FORMULA: 3,315
1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT 3,317
DENSITY)/(MINIMUM STUDENT DENSITY - 3,318
STATEWIDE STUDENT DENSITY)< 3,319
(i) "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT 3,321
STUDENT DENSITY IN THE STATE. 3,322
(ii) "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S 3,324
TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE 3,325
DISTRICT. 3,326
(iii) "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE 3,328
TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM 3,329
OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS. 3,330
(7) In addition to funds paid under division DIVISIONS 3,332
(D)(2) or (3) TO (6) of this section, each district shall receive 3,334
75
in accordance with rules adopted by the state board of education
a payment for students transported by means other than 3,336
board-owned or contractor-operated buses and whose transportation 3,337
is not funded under division (J) of section 3317.024 of the 3,338
Revised Code. The rules shall include provisions for school 3,339
district reporting of such students.
(E)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 3,341
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 3,343
SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,344
STATE SHARE PERCENTAGE X 3,345
THE FORMULA AMOUNT X 3,346
TOTAL VOCATIONAL EDUCATION WEIGHT 3,347
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 3,349
DIVISION (E)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 3,350
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 3,351
VOCATIONAL EDUCATION EXPENSES. 3,352
(2) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH 3,354
SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED 3,355
SERVICES IN ACCORDANCE WITH THE FOLLOWING FORMULA: 3,356
STATE SHARE PERCENTAGE X .05 X THE FORMULA AMOUNT X THE SUM OF 3,359
CATEGORIES ONE, TWO, AND THREE VOCATIONAL EDUCATION ADM 3,362
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 3,364
DIVISION (E)(2) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 3,365
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 3,366
VOCATIONAL EDUCATION ASSOCIATED SERVICES EXPENSES, WHICH MAY 3,367
INCLUDE SUCH PURPOSES AS APPRENTICESHIP COORDINATORS, 3,368
COORDINATORS FOR OTHER VOCATIONAL EDUCATION SERVICES, VOCATIONAL 3,369
EVALUATION, AND OTHER PURPOSES DESIGNATED BY THE DEPARTMENT. THE 3,370
DEPARTMENT MAY DENY PAYMENT UNDER DIVISION (E)(2) OF THIS SECTION 3,371
TO ANY DISTRICT THAT THE DEPARTMENT DETERMINES IS NOT OPERATING 3,372
THOSE SERVICES OR IS USING FUNDS PAID UNDER DIVISION (E)(2) OF 3,374
THIS SECTION FOR OTHER PURPOSES.
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 3,383
the Revised Code, the amounts required to be paid to a district 3,384
76
under this chapter shall be adjusted by the amount of the 3,386
computations made under divisions (B) to (K) of this section. 3,387
As used in this section: 3,389
(1) "Classroom teacher" means a licensed employee who 3,391
provides direct instruction to pupils, excluding teachers funded 3,392
from money paid to the district from federal sources; educational 3,393
service personnel; and vocational and special education teachers. 3,394
(2) "Educational service personnel" shall not include such 3,396
specialists funded from money paid to the district from federal 3,397
sources or assigned full-time to vocational or special education 3,398
students and classes and may only include those persons employed 3,399
in the eight specialist areas in a pattern approved by the 3,400
department of education under guidelines established by the state 3,401
board of education. 3,402
(3) "Annual salary" means the annual base salary stated in 3,404
the state minimum salary schedule for the performance of the 3,405
teacher's regular teaching duties that the teacher earns for 3,406
services rendered for the first full week of October of the 3,407
fiscal year for which the adjustment is made under division (C) 3,409
of this section. It shall not include any salary payments for
supplemental teachers contracts. 3,410
(4) "Regular student population" means the formula ADM 3,412
plus the number of students reported as enrolled in the district 3,413
pursuant to division (A)(1) of section 3313.981 of the Revised 3,414
Code; minus the number of students reported under disvision 3,416
DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the 3,417
FTE of students reported under division (B)(5), (6), (7), or (8), 3,418
OR (9) of that section who are enrolled in a vocational education 3,420
class or receiving special education; and minus one-fourth of the 3,421
students enrolled concurrently in a joint vocational school 3,422
district.
(B) If the district employs less than one full-time 3,424
equivalent classroom teacher for each twenty-five pupils in the 3,426
regular student population in any school district, deduct the sum
77
of the amounts obtained from the following computations: 3,428
(1) Divide the number of the district's full-time 3,430
equivalent classroom teachers employed by one twenty-fifth; 3,431
(2) Subtract the quotient in (1) from the district's 3,433
regular student population; 3,434
(3) Multiply the difference in (2) by seven hundred 3,436
fifty-two dollars. 3,437
(C) If a positive amount, add one-half of the amount 3,439
obtained by multiplying the number of full-time equivalent 3,440
classroom teachers by: 3,441
(1) The mean annual salary of all full-time equivalent 3,443
classroom teachers employed by the district at their respective 3,444
training and experience levels minus; 3,445
(2) The mean annual salary of all such teachers at their 3,447
respective levels in all school districts receiving payments 3,448
under this section. 3,449
The number of full-time equivalent classroom teachers used 3,451
in this computation shall not exceed one twenty-fifth of the 3,452
district's regular student population. In calculating the 3,454
district's mean salary under this division, those full-time 3,455
equivalent classroom teachers with the highest training level 3,456
shall be counted first, those with the next highest training 3,457
level second, and so on, in descending order. Within the 3,458
respective training levels, teachers with the highest years of 3,459
service shall be counted first, the next highest years of service 3,460
second, and so on, in descending order.
(D) This division does not apply to a school district that 3,462
has entered into an agreement under division (A) of section 3,463
3313.42 of the Revised Code. Deduct the amount obtained from the 3,464
following computations if the district employs fewer than five 3,465
full-time equivalent educational service personnel, including 3,466
elementary school art, music, and physical education teachers, 3,467
counselors, librarians, visiting teachers, school social workers, 3,468
and school nurses for each one thousand pupils in the regular 3,470
78
student population: 3,471
(1) Divide the number of full-time equivalent educational 3,473
service personnel employed by the district by five 3,474
one-thousandths; 3,475
(2) Subtract the quotient in (1) from the district's 3,477
regular student population; 3,478
(3) Multiply the difference in (2) by ninety-four dollars. 3,480
(E) If a local school district, or a city or exempted 3,482
village school district to which a governing board of an 3,484
educational service center provides services pursuant to section 3,485
3313.843 of the Revised Code, deduct the amount of the payment 3,486
required for the reimbursement of the governing board under 3,487
section 3317.11 of the Revised Code. 3,488
(F)(1) If the district is required to pay to or entitled 3,490
to receive tuition from another school district under division 3,491
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 3,492
Revised Code, or if the superintendent of public instruction is 3,493
required to determine the correct amount of tuition and make a 3,494
deduction or credit under section 3317.08 of the Revised Code, 3,495
deduct and credit such amounts as provided in division (I) of 3,496
section 3313.64 or section 3317.08 of the Revised Code. 3,497
(2) For each child for whom the district is responsible 3,499
for tuition or payment under division (A)(1) of section 3317.082 3,500
or section 3323.091 of the Revised Code, deduct the amount of 3,502
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 3,504
superintendent of public instruction under section 3313.90 of the 3,505
Revised Code as not in compliance with the requirements of that 3,506
section, deduct an amount equal to ten per cent of the amount 3,507
computed for the district under section 3317.022 of the Revised 3,508
Code. 3,509
(H) If the district has received a loan from a commercial 3,512
lending institution for which payments are made by the 3,513
superintendent of public instruction pursuant to division (E)(3) 3,514
79
of section 3313.483 of the Revised Code, deduct an amount equal 3,515
to such payments. 3,516
(I)(1) If the district is a party to an agreement entered 3,518
into under division (D), (E), or (F) of section 3311.06 or 3,519
division (B) of section 3311.24 of the Revised Code and is 3,520
obligated to make payments to another district under such an 3,521
agreement, deduct an amount equal to such payments if the 3,522
district school board notifies the department in writing that it 3,523
wishes to have such payments deducted. 3,524
(2) If the district is entitled to receive payments from 3,526
another district that has notified the department to deduct such 3,527
payments under division (I)(1) of this section, add the amount of 3,529
such payments. 3,530
(J) If the district is required to pay an amount of funds 3,532
to a cooperative education district pursuant to a provision 3,533
described by division (B)(4) of section 3311.52 or division 3,534
(B)(8) of section 3311.521 of the Revised Code, deduct such 3,535
amounts as provided under that provision and credit those amounts 3,536
to the cooperative education district for payment to the district 3,537
under division (B)(1) of section 3317.19 of the Revised Code. 3,538
(K)(1) If a district is educating a student entitled to 3,540
attend school in another district pursuant to a shared education 3,541
contract, compact, or cooperative education agreement other than 3,542
an agreement entered into pursuant to section 3313.842 of the 3,543
Revised Code, credit to that educating district on an FTE basis 3,544
both of the following:
(a) An amount equal to the formula amount times the cost 3,546
of doing business factor of the school district where the student 3,547
is entitled to attend school pursuant to section 3313.64 or 3,548
3313.65 of the Revised Code; 3,549
(b) An amount equal to the formula amount times the state 3,551
share percentage times any multiple applicable to the student 3,552
pursuant to section 3317.013 of the Revised Code. 3,553
(2) Deduct any amount credited pursuant to division (K)(1) 3,555
80
of this section from amounts paid to the school district in which 3,556
the student is entitled to attend school pursuant to section 3,557
3313.64 or 3313.65 of the Revised Code. 3,558
(3) If the district is required by a shared education 3,560
contract, compact, or cooperative education agreement to make 3,561
payments to an educational service center, deduct the amounts 3,562
from payments to the district and add them to the amounts paid to 3,563
the service center pursuant to section 3317.11 of the Revised
Code. 3,564
Sec. 3317.024. In addition to the moneys paid to eligible 3,573
school districts pursuant to section 3317.022 of the Revised 3,575
Code, moneys appropriated for the education programs in divisions 3,576
(A) to (L), (O), and (P) of this section shall be distributed to 3,578
school districts meeting the requirements of section 3317.01 of 3,579
the Revised Code; in the case of divisions (I) and, (J), and, in 3,580
fiscal year 1999 only, division (P)(1) of this section, to 3,582
educational service centers as provided in section 3317.11 of the 3,583
Revised Code; in the case of divisions (E), (M), and (N) of this 3,584
section, to county MR/DD boards; in the case of division (I) of 3,585
this section, to joint vocational and cooperative education 3,586
school districts; in the case of division (K) of this section, to 3,587
cooperative education school districts; and in the case of 3,590
division (Q) of this section, to the institutions defined under 3,591
section 3317.082 of the Revised Code providing elementary or 3,592
secondary education programs to children other than children 3,593
receiving special education under section 3323.091 of the Revised 3,594
Code. The following shall be distributed monthly, quarterly, or 3,595
annually as may be determined by the state board of education: 3,596
(A) A per pupil amount to each school district that 3,598
establishes a summer school remediation program that complies 3,599
with rules of the state board of education. 3,600
(B) An amount for each island school district and each 3,602
joint state school district for the operation of each high school 3,603
and each elementary school maintained within such district and 3,604
81
for capital improvements for such schools. Such amounts shall be 3,605
determined on the basis of standards adopted by the state board 3,606
of education. 3,607
(C) An amount for each school district operating classes 3,609
for children of migrant workers who are unable to be in 3,610
attendance in an Ohio school during the entire regular school 3,611
year. The amounts shall be determined on the basis of standards 3,612
adopted by the state board of education, except that payment 3,613
shall be made only for subjects regularly offered by the school 3,614
district providing the classes. 3,615
(D) An amount for each school district with guidance, 3,617
testing, and counseling programs approved by the state board of 3,618
education. The amount shall be determined on the basis of 3,619
standards adopted by the state board of education. 3,620
(E) An amount for the emergency purchase of school buses 3,622
as provided for in section 3317.07 of the Revised Code; 3,623
(F) An amount for each school district required to pay 3,625
tuition for a child in an institution maintained by the 3,626
department of youth services pursuant to section 3317.082 of the 3,627
Revised Code, provided the child was not included in the 3,629
calculation of the district's average daily membership for the 3,630
preceding school year.
(G) An IN FISCAL YEAR 2000 ONLY, AN amount to each school 3,632
district for supplemental salary allowances for each licensed 3,633
employee except those licensees serving as superintendents, 3,634
assistant superintendents, principals, or assistant principals, 3,635
whose term of service in any year is extended beyond the term of 3,636
service of regular classroom teachers, as described in section 3,637
3301.0725 of the Revised Code; 3,638
(H) An amount for adult basic literacy education for each 3,640
district participating in programs approved by the state board of 3,641
education. The amount shall be determined on the basis of 3,642
standards adopted by the state board of education. 3,643
(I) Notwithstanding section 3317.01 of the Revised Code, 3,645
82
to each city, local, and exempted village school district, an 3,646
amount pursuant to section 3301.17 of the Revised Code for 3,647
conducting driver education courses at high schools for which the 3,648
state board of education prescribes minimum standards and to 3,649
joint vocational and cooperative education school districts and 3,651
educational service centers, an amount pursuant to such section 3,652
for conducting driver education courses to pupils enrolled in a 3,653
high school for which the state board prescribes minimum 3,654
standards;
(J) An amount for the approved cost of transporting 3,656
developmentally handicapped pupils whom it is impossible or 3,657
impractical to transport by regular school bus in the course of 3,658
regular route transportation provided by the district or service 3,659
center. No district or service center is eligible to receive a 3,660
payment under this division for the cost of transporting any 3,662
pupil whom it transports by regular school bus and who is 3,663
included in the district's transportation ADM. The state board 3,664
of education shall establish standards and guidelines for use by 3,665
the department of education in determining the approved cost of 3,666
such transportation for each district or service center. 3,667
(K) An amount to each school district, including each 3,669
cooperative education school district, pursuant to section 3,670
3313.81 of the Revised Code to assist in providing free lunches 3,671
to needy children and an amount to assist needy school districts 3,672
in purchasing necessary equipment for food preparation. The 3,673
amounts shall be determined on the basis of rules adopted by the 3,674
state board of education. 3,675
(L) An amount to each school district, for each pupil 3,677
attending a chartered nonpublic elementary or high school within 3,678
the district. The amount shall equal the amount appropriated for 3,679
the implementation of section 3317.06 of the Revised Code divided 3,680
by the average daily membership in grades kindergarten through 3,681
twelve in nonpublic elementary and high schools within the state 3,682
as determined during the first full week in October of each 3,683
83
school year. 3,684
(M) An amount for each county MR/DD board, distributed on 3,687
the basis of standards adopted by the state board of education, 3,688
for the approved cost of transportation required for children 3,689
attending special education programs operated by the county MR/DD 3,690
board under section 3323.09 of the Revised Code; 3,691
(N) An amount for each county MR/DD board, distributed on 3,694
the basis of standards adopted by the state board of education, 3,695
for supportive home services for preschool children; 3,696
(O) An amount for each school district that establishes a 3,698
mentor teacher program that complies with rules of the state 3,699
board of education. No school district shall be required to 3,700
establish or maintain such a program in any year unless 3,701
sufficient funds are appropriated to cover the district's total 3,702
costs for the program.
(P)(1) For fiscal year 1999 only, an AN amount to each 3,705
school district or educational service center for the total 3,706
number of gifted units approved pursuant to section 3317.05 of 3,707
the Revised Code. The amount for each such unit shall be the sum 3,708
of the minimum salary for the teacher of the unit, calculated on 3,709
the basis of the teacher's training level and years of experience 3,710
pursuant to section 3317.13 of the Revised Code, plus fifteen per 3,711
cent of that minimum salary amount, plus two thousand six hundred 3,712
seventy-eight dollars. 3,713
(2) The general assembly intends to begin a review and 3,715
revision of the funding formula for gifted education services in 3,717
1999. The analysis and any resulting calculations shall be based 3,719
upon a rational methodology for calculating the cost of adequate
gifted education services. The analysis shall use data generated 3,720
by a study funded through the department of education. 3,721
(Q) An amount to each institution defined under section 3,724
3317.082 of the Revised Code providing elementary or secondary 3,726
education to children other than children receiving special 3,727
education under section 3323.091 of the Revised Code. This 3,728
84
amount for any institution in any fiscal year shall equal the 3,729
total of all tuition amounts required to be paid to the 3,730
institution under division (A)(1) of section 3317.082 of the 3,732
Revised Code.
The state board of education or any other board of 3,734
education or governing board may provide for any resident of a 3,735
district or educational service center territory any educational 3,737
service for which funds are made available to the board by the 3,738
United States under the authority of public law, whether such 3,739
funds come directly or indirectly from the United States or any 3,740
agency or department thereof or through the state or any agency, 3,741
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 3,750
(1) "DPIA percentage" means the quotient obtained by 3,753
dividing the five-year average number of children ages five to 3,754
seventeen residing in the school district and living in a family 3,755
receiving family assistance, as certified or adjusted under 3,756
section 3317.10 of the Revised Code, by the district's three-year 3,757
average formula ADM.
(2) "Family assistance" means assistance received under 3,759
the Ohio works first program or, for the purpose of determining 3,761
the five-year average number of recipients of family assistance 3,762
in fiscal years 1999 through 2002, assistance received under an 3,763
antecedent program known as TANF or ADC. 3,764
(3) "Statewide DPIA percentage" means the five-year 3,767
average of the total number of children ages five to seventeen 3,768
years residing in the state and receiving family assistance, 3,769
divided by the sum of the three-year average formula ADMs for all 3,771
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 3,774
the school district's DPIA percentage by the statewide DPIA 3,776
percentage.
(5) "Kindergarten ADM" means the number of students 3,779
reported under section 3317.03 of the Revised Code as enrolled in 3,780
85
kindergarten. 3,781
(6) "Kindergarten through third grade ADM" means the 3,784
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 3,787
the all-day kindergarten percentage; 3,788
(b) Add the number of students in grades one through 3,790
three;
(d)(c) Subtract from the sum calculated under division 3,792
(A)(6)(c)(b) of this section the number of special education 3,794
students in grades kindergarten through three. 3,795
(7) "Statewide average teacher salary" means thirty-nine 3,797
thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN 3,798
DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED 3,799
TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for 3,800
the value of fringe benefits. 3,801
(8) "All-day kindergarten" means a kindergarten class that 3,804
is in session five days per week for not less than the same 3,805
number of clock hours each day as for pupils in grades one 3,806
through six.
(9) "All-day kindergarten percentage" means the percentage 3,808
of a district's actual total number of students enrolled in 3,809
kindergarten who are enrolled in all-day kindergarten. 3,810
(10) "Buildings with the highest concentration of need" 3,812
means the school buildings in a district with percentages of 3,814
students receiving family assistance in grades kindergarten 3,815
through three at least as high as the district-wide percentage of 3,816
students receiving family assistance. If, however, the 3,817
information provided by the department of human services under 3,818
section 3317.10 of the Revised Code is insufficient to determine 3,821
the family assistance percentage in each building, "buildings 3,822
with the highest concentration of need" has the meaning given in 3,823
rules that the department of education shall adopt. The rules 3,824
shall base the definition of "buildings with the highest 3,825
concentration of need" on family income of students in grades 3,826
86
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 3,827
division and division (G) of this section to designate buildings 3,829
where the family assistance percentage in those grades equals or 3,830
exceeds the district-wide family assistance percentage. 3,831
(B) In addition to the amounts required to be paid to a 3,834
school district under section 3317.022 of the Revised Code, a 3,835
school district shall receive the greater of the amount the 3,836
district received in fiscal year 1998 pursuant to division (B) of 3,837
section 3317.023 of the Revised Code as it existed at that time 3,839
or the sum of the computations made under divisions (C) to (E) of 3,840
this section.
(C) A supplemental payment that may be utilized for 3,842
measures related to safety and security and for remediation or 3,843
similar programs, calculated as follows: 3,844
(1) If the DPIA index of the school district is greater 3,847
than or equal to thirty-five-hundredths, but less than one, an 3,848
amount obtained by multiplying the five-year average number of 3,849
pupils in a district receiving family assistance by two hundred 3,850
thirty dollars; 3,851
(2) If the DPIA index of the school district is greater 3,854
than or equal to one, an amount obtained by multiplying the DPIA 3,856
index by two hundred thirty dollars and multiplying that product 3,857
by the five-year average number of pupils in a district receiving 3,858
family assistance. 3,859
(D) A payment for all-day kindergarten if the DPIA index 3,862
of the school district is greater than or equal to one or if the 3,863
district's three-year average formula ADM exceeded seventeen 3,864
thousand five hundred, calculated by multiplying the all-day 3,865
kindergarten percentage by the kindergarten ADM and multiplying 3,866
that product by the formula amount. 3,867
(E) A class-size reduction payment based on calculating 3,870
the number of new teachers necessary to achieve a lower 3,871
student-teacher ratio, as follows: 3,872
87
(1) Determine or calculate a formula number of teachers 3,874
per one thousand students based on the DPIA index of the school 3,876
district as follows: 3,877
(a) If the DPIA index of the school district is less than 3,880
six-tenths, the formula number of teachers is 43.478, which is 3,881
the number of teachers per one thousand students at a 3,882
student-teacher ratio of twenty-three to one; 3,883
(b) If the DPIA index of the school district is greater 3,886
than or equal to six-tenths, but less than two and one-half, the 3,887
formula number of teachers is calculated as follows: 3,888
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 3,890
Where 43.478 is the number of teachers per one thousand 3,892
students at a student-teacher ratio of twenty-three to one; 1.9 3,893
is the interval from a DPIA index of six-tenths to a DPIA index 3,896
of two and one-half; and 23.188 is the difference in the number 3,897
of teachers per one thousand students at a student-teacher ratio 3,898
of fifteen to one and the number of teachers per one thousand 3,899
students at a student-teacher ratio of twenty-three to one. 3,901
(c) If the DPIA index of the school district is greater 3,904
than or equal to two and one-half, the formula number of teachers 3,905
is 66.667, which is the number of teachers per one thousand 3,906
students at a student-teacher ratio of fifteen to one. 3,907
(2) Multiply the formula number of teachers determined or 3,909
calculated in division (E)(1) of this section by the kindergarten 3,911
through third grade ADM for the district and divide that product 3,912
by one thousand;
(3) Calculate the number of new teachers as follows: 3,914
(a) Multiply the kindergarten through third grade ADM by 3,917
43.478, which is the number of teachers per one thousand students 3,918
at a student-teacher ratio of twenty-three to one, and divide 3,919
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 3,922
of this section from the product in division (E)(2) of this 3,923
section.
88
(4) Multiply the greater of the difference obtained under 3,925
division (E)(3) of this section or zero by the statewide average 3,927
teachers salary.
(F) This division applies only to school districts whose 3,929
DPIA index is one or greater. 3,930
(1) Each school district subject to this division shall 3,932
first utilize funds received under this section so that, when 3,933
combined with other funds of the district, sufficient funds exist 3,934
to provide all-day kindergarten to at least the number of 3,935
children in the district's all-day kindergarten percentage. 3,936
(2) Up to an amount equal to the district's DPIA index 3,938
multiplied by the five-year average number of pupils in a 3,939
district receiving family assistance multiplied by two hundred 3,940
thirty dollars of the money distributed under this section may be 3,942
utilized for one or both of the following: 3,943
(a) Programs designed to ensure that schools are free of 3,946
drugs and violence and have a disciplined environment conducive 3,947
to learning;
(b) Remediation for students who have failed or are in 3,950
danger of failing any of the proficiency tests administered 3,951
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) of this 3,953
section, all other funds distributed under this section to 3,954
districts subject to this division shall be utilized for the 3,955
purpose of the third grade guarantee. The third grade guarantee 3,956
consists of increasing the amount of instructional attention 3,958
received per pupil in kindergarten through third grade, either by 3,959
reducing the ratio of students to instructional personnel or by 3,960
increasing the amount of instruction and curriculum-related 3,961
activities by extending the length of the school day or the 3,962
school year.
School districts may implement a reduction of the ratio of 3,964
students to instructional personnel through any or all of the 3,965
following methods: 3,966
89
(a) Reducing the number of students in a classroom taught 3,969
by a single teacher;
(b) Employing full-time educational aides or educational 3,972
paraprofessionals issued a permit or license under section 3,973
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 3,976
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 3,978
the amount of time allocated for each class, increasing the 3,979
number of classes provided per day, offering optional 3,980
academic-related after-school programs, providing 3,981
curriculum-related extra curricular activities, or establishing 3,982
tutoring or remedial services for students who have demonstrated 3,983
an educational need. In accordance with section 3319.089 of the 3,984
Revised Code, a district extending the school day pursuant to 3,986
this division may utilize a participant of the work experience 3,987
program who has a child enrolled in a public school in that 3,988
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 3,989
work experience program participant is compensated, the school 3,990
district may use the funds distributed under this section for all 3,991
or part of the compensation.
Districts may extend the school year either through adding 3,993
regular days of instruction to the school calendar or by 3,994
providing summer programs. 3,995
(G) Each district subject to division (F) of this section 3,998
shall not expend any funds received under division (E) of this 3,999
section in any school buildings that are not buildings with the 4,000
highest concentration of need, unless there is a ratio of 4,001
instructional personnel to students of no more than fifteen to 4,002
one in each kindergarten and first grade class in all buildings 4,003
with the highest concentration of need. This division does not 4,005
require that the funds used in buildings with the highest 4,006
concentration of need be spent solely to reduce the ratio of 4,007
90
instructional personnel to students in kindergarten and first 4,008
grade. A school district may spend the funds in those buildings 4,009
in any manner permitted by division (F)(3) of this section, but 4,010
may not spend the money in other buildings unless the 4,011
fifteen-to-one ratio required by this division is attained. 4,012
(H)(1) By the first day of August of each fiscal year, 4,014
each school district wishing to receive any funds under division 4,015
(D) of this section shall submit to the department of education 4,017
an estimate of its all-day kindergarten percentage. Each 4,019
district shall update its estimate throughout the fiscal year in 4,020
the form and manner required by the department, and the 4,021
department shall adjust payments under this section to reflect 4,022
the updates.
(2) Annually by the end of December, the department of 4,024
education, utilizing data from the information system established 4,026
under section 3301.0714 of the Revised Code and after 4,027
consultation with the legislative office of education oversight, 4,028
shall determine for each school district subject to division (F) 4,029
of this section whether in the preceding fiscal year the 4,030
district's ratio of instructional personnel to students; and its 4,031
number of kindergarten students receiving all-day kindergarten 4,032
appear reasonable, given the amounts of money the district 4,033
received for that fiscal year pursuant to divisions (D) and (E) 4,034
of this section. If the department is unable to verify from the 4,035
data available that students are receiving reasonable amounts of 4,036
instructional attention and all-day kindergarten, given the funds 4,037
the district has received under this section and that class-size 4,039
reduction funds are being used in school buildings with the 4,040
highest concentration of need as required by division (G) of this 4,041
section, the department shall conduct a more intensive 4,042
investigation to ensure that funds have been expended as required 4,043
by this section. The department shall file an annual report of 4,044
its findings under this division with the chairpersons of the 4,045
committees in each house of the general assembly dealing with 4,046
91
finance and education.
(I) Any school district with a DPIA index less than one 4,048
and a three-year average formula ADM exceeding seventeen thousand 4,051
five hundred shall first utilize funds received under this 4,052
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 4,053
least the number of children in the district's all-day 4,054
kindergarten percentage. Such a district shall expend at least 4,055
seventy per cent of the remaining funds received under this 4,056
section, and any other district with a DPIA index less than one 4,058
shall expend at least seventy per cent of all funds received 4,059
under this section, for any of the following purposes: 4,060
(1) The purchase of technology for instructional purposes; 4,063
(2) All-day kindergarten; 4,065
(3) Reduction of class sizes; 4,067
(4) Summer school remediation; 4,069
(5) Dropout prevention programs; 4,071
(6) Guaranteeing that all third graders are ready to 4,074
progress to more advanced work;
(7) Summer education and work programs; 4,076
(8) Adolescent pregnancy programs; 4,078
(9) Head start or preschool programs; 4,080
(10) Reading improvement programs described by the 4,083
department of education;
(11) Programs designed to ensure that schools are free of 4,086
drugs and violence and have a disciplined environment conducive 4,087
to learning;
(12) Furnishing, free of charge, materials used in courses 4,090
of instruction, except for the necessary textbooks required to be 4,091
furnished without charge pursuant to section 3329.06 of the 4,092
Revised Code, to pupils living in families participating in Ohio 4,093
works first in accordance with section 3313.642 of the Revised 4,094
Code;
(13) School breakfasts provided pursuant to section 4,096
92
3313.813 of the Revised Code. 4,097
Each district shall submit to the department, in such 4,099
format and at such time as the department shall specify, a report 4,100
on the programs for which it expended funds under this division. 4,101
(J) If at any time the superintendent of public 4,103
instruction determines that a school district receiving funds 4,104
under division (D) of this section has enrolled less than the 4,105
all-day kindergarten percentage reported for that fiscal year, 4,107
the superintendent shall withhold from the funds otherwise due 4,108
the district under this section a proportional amount as 4,109
determined by the difference in the certified all-day 4,110
kindergarten percentage and the percentage actually enrolled in 4,111
all-day kindergarten. 4,112
The superintendent shall also withhold an appropriate 4,114
amount of funds otherwise due a district for any other misuse of 4,115
funds not in accordance with this section. 4,116
Sec. 3317.0212. Divisions (B) and (C) of this section do 4,125
not apply to a school district with a formula ADM of one hundred 4,127
fifty or less.
(A) As used in this section: 4,129
(1) "Fundamental FY 1997 state aid" or "fundamental FY 4,132
1998 state aid" for a district means the total amount of state 4,133
money received by the district for the applicable fiscal year as 4,135
reported on the department of education's form "SF-12," adjusted 4,136
as follows: 4,137
(a) Minus the amount for transportation; 4,139
(b) Minus any amounts for approved preschool handicapped 4,142
units;
(c) Minus any additional amount attributable to the 4,145
reappraisal guarantee of division (C) of section 3317.04 of the 4,146
Revised Code; 4,147
(d) Plus the amount deducted for payments to an 4,149
educational service center; 4,150
(e) Plus an estimated portion of the state money 4,152
93
distributed in the applicable fiscal year to other school 4,153
districts or educational service centers for approved units, 4,154
other than preschool handicapped or gifted education units, 4,155
attributable to the costs of providing services in those units to 4,157
students entitled to attend school in the district;
(f) Minus an estimated portion of the state money 4,159
distributed to the school district in the applicable fiscal year 4,160
for approved units, other than preschool handicapped units or 4,161
gifted education units, attributable to the costs of providing 4,162
services in those units to students entitled to attend school in 4,163
another school district; 4,164
(g) Plus any additional amount paid in the applicable 4,167
fiscal year pursuant to the vocational education recomputation 4,168
required by Section 45.12 of Amended Substitute House Bill No.
117 of the 121st general assembly or former Section 50.22 of 4,169
Amended Substitute House Bill No. 215 of the 122nd general 4,170
assembly;
(h) Plus any additional amount paid in the applicable 4,173
fiscal year pursuant to the special education recomputation 4,174
required by former division (I) of section 3317.023 of the
Revised Code; 4,175
(i) Plus any amount paid for equity aid in the applicable 4,178
fiscal year under section 3317.0213 of the Revised Code; 4,180
(j) Plus any amount received for the applicable fiscal 4,182
year pursuant to section 3317.027 of the Revised Code; 4,184
(k) Plus any amount received for the applicable fiscal 4,186
year resulting from a recomputation made under division (B) of 4,187
section 3317.022 of the Revised Code. 4,188
(2) "Enhanced FY 1998 1999 state aid" for a district means 4,191
its fundamental FY 1998 state BASIC aid FOR FISCAL YEAR 1999, 4,193
plus any amounts for which the district was eligible pursuant to 4,194
division (K) (D) of THE VERSION OF section 3317.024 3317.022 of 4,195
the Revised Code, as that division existed in EFFECT THAT fiscal 4,196
year 1998. 4,197
94
(3) "State basic aid" for a district for any fiscal year 4,199
after fiscal year 1998 1999 means the sum of the following: 4,201
(a) The amount computed for the district for basic formula 4,203
aid and BASE COST FUNDING, special education funding, AND 4,205
VOCATIONAL EDUCATION FUNDING under divisions (A), (B), and (C)(1) 4,207
AND (5), AND (E) of section 3317.022 and sections 3317.025 and 4,208
3317.027 of the Revised Code and DPIA aid under section 3317.029 4,209
of the Revised Code in the current fiscal year before any 4,211
deduction or credit required by division (B), (D), (E), (F), (G), 4,213
(H), (I), (J), or (K) of section 3317.023 or division (J) of 4,214
section 3317.029 of the Revised Code; 4,215
(b) Any amounts for which the district is eligible 4,217
pursuant to division (C) of section 3317.023, divisions (G) and 4,218
(P) of section 3317.024, and THE SUPPLEMENTAL UNIT ALLOWANCE PAID 4,219
FOR GIFTED UNITS UNDER division (B) of section 3317.162 of the 4,220
Revised Code; 4,221
(c) Any equity aid for which the district is eligible 4,224
under section 3317.0213 of the Revised Code.
(4) "STATE BASIC AID FOR FISCAL YEAR 1999" MEANS A 4,226
DISTRICT'S "STATE BASIC AID" FOR THAT YEAR, AS DEFINED IN THE 4,227
VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, PLUS AN 4,228
APPROPRIATE PROPORTION, AS DETERMINED BY THE DEPARTMENT OF 4,229
EDUCATION, OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN
FISCAL YEAR 1999 FROM THE VOCATIONAL EDUCATION SET-ASIDE AND 4,230
ATTRIBUTABLE TO THE DISTRICT'S STUDENTS. 4,231
(5) "VOCATIONAL EDUCATION SET-ASIDE" MEANS THE UP TO 4,233
$24,193,118 EARMARKED FOR ADDITIONAL SCHOOL DISTRICT VOCATIONAL 4,234
EDUCATION GRANTS UNDER APPROPRIATION ITEM 200-545, VOCATIONAL 4,235
EDUCATION ENHANCEMENTS, IN AM. SUB. H.B. 770 OF THE 122nd GENERAL 4,236
ASSEMBLY.
(B) Upon request of the department of education, the 4,238
treasurer of any school district or educational service center 4,239
shall furnish data needed to calculate the amounts specified in 4,240
divisions (A)(1)(e) and (f) of this section. The department 4,241
95
shall compute AND PAY the state basic aid guarantee for each 4,242
school district for the fiscal year as follows: 4,243
(1) Subtract the amount of state basic aid from the amount 4,246
of fundamental FY 1998 state aid. If a negative number, this 4,247
computation shall be deemed to be zero. 4,248
(2) Compute the following amounts: 4,250
(a) Formula ADM X (state basic aid/formula ADM); 4,253
(b) The greater of formula ADM or three-year average 4,256
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 4,257
(3) If the amount computed under division (B)(2)(b) of 4,260
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 4,262
greater. If the amount computed under division (B)(2)(b) of this 4,263
section is not greater than the amount computed under division 4,264
(B)(2)(a) of this section, this computation shall be deemed to be 4,265
zero.
(4) Except as provided in division (C) of this section, 4,268
the department shall determine for each district the lesser of 4,269
the amounts computed in divisions (B)(1) and (3) of this section 4,271
and, if greater than zero, pay PAY the district that ANY POSITIVE 4,273
amount CALCULATED UNDER DIVISION (B)(1) OF THIS SECTION. 4,274
(C) In fiscal year 1999 2000, the department shall 4,277
calculate for each district the sum of the district's state basic 4,278
aid for THAT fiscal year 1999, plus ANY AMOUNT CALCULATED UNDER 4,279
DIVISION (B)(1) OF THIS SECTION, PLUS the transportation portion 4,280
of state aid computed FOR THE DISTRICT FOR THAT FISCAL YEAR under 4,282
division (D) of THE VERSION OF section 3317.022 of the Revised 4,284
Code for the district for IN EFFECT THAT fiscal year 1999. If a 4,285
district's enhanced FY 1998 1999 state aid is greater than that 4,286
sum, then the department shall pay the district in THAT fiscal 4,288
year 1999 one hundred per cent of the difference or the amount 4,289
required by division (B)(4) of this section, whichever is 4,290
greater.
(D)(1) The state basic aid guarantee in any fiscal year 4,292
96
for a school district with a formula ADM of one hundred fifty or 4,293
less shall be the greatest of the following amounts: 4,294
(a) The district's state basic aid for the fiscal year; 4,296
(b) The district's fundamental FY 1998 state aid; 4,298
(c) The district's fundamental FY 1997 state aid. 4,300
(2) If in any fiscal year the state basic aid for a school 4,302
district with a formula ADM of one hundred fifty or less is less 4,303
than the guarantee amount determined for the district under 4,304
division (D)(1) of this section, the department of education 4,305
shall pay the district the amount of the difference. 4,306
Sec. 3317.0213. No money shall be distributed under this 4,315
section after fiscal year 2001 2002. 4,316
(A) As used in this section: 4,318
(1) "ADM" for any school district means: 4,320
(a) In fiscal year 1999, the FY 1998 ADM; 4,323
(b) In fiscal years 2000 and 2001 THROUGH 2002, the 4,325
formula ADM reported for the previous fiscal year. 4,326
(2) "Average taxable value" means the average of the 4,329
amounts certified for a district in the second, third, and fourth 4,330
preceding fiscal years under divisions (A)(1) and (2) of section 4,331
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means: 4,333
(a) In fiscal year 1999, the district's average taxable 4,336
value, divided by the district's FY 1998 ADM; 4,339
(b) In a fiscal year that occurs after fiscal year 1999, 4,342
the district's average taxable value, divided by the district's 4,344
formula ADM for the preceding fiscal year. 4,345
(4) "Threshold valuation" means: 4,347
(a) In fiscal year 1999, the adjusted valuation per pupil 4,350
of the school district with the two hundred twenty-ninth lowest 4,351
adjusted valuation per pupil in the state, according to data 4,353
available at the time of the computation under division (B) of 4,354
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 4,356
97
of the district with the one hundred sixty-third NINETY-SIXTH 4,357
lowest such valuation in the state; 4,358
(c) In fiscal year 2001, the adjusted valuation per pupil 4,360
of the district with the one hundred eighteenth SIXTY-THIRD 4,361
lowest such valuation in the state; 4,362
(d) IN FISCAL YEAR 2002, THE ADJUSTED VALUATION PER PUPIL 4,364
OF THE DISTRICT WITH THE ONE-HUNDRED-EIGHTEENTH LOWEST SUCH 4,365
VALUATION IN THE STATE.
(5) "Adjusted valuation per pupil" for a district means an 4,367
amount calculated in accordance with the following formula: 4,368
The district's valuation per pupil - ($30,000 X (one minus the 4,371
district's income factor))
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 4,373
fiscal year 2000, and .010 in fiscal year YEARS 2001 AND 2002. 4,375
(B) Beginning in fiscal year 1993, during August of each 4,377
fiscal year, the department of education shall distribute to each 4,378
school district meeting the requirements of section 3317.01 of 4,379
the Revised Code whose adjusted valuation per pupil is less than 4,380
the threshold valuation, an amount calculated in accordance with 4,381
the following formula: 4,382
(The threshold valuation - the district's adjusted valuation per 4,385
pupil) X millage rate X ADM 4,386
Sec. 3317.0216. (A) As used in this section: 4,395
(1) "Total taxes charged and payable for current expenses" 4,398
means the sum of the taxes charged and payable as certified under 4,399
division (A)(3) of section 3317.021 of the Revised Code, and the 4,401
tax liability for the preceding year under any school district 4,402
income tax levied by the district pursuant to Chapter 5748. of 4,403
the Revised Code to the extent the revenue from the income tax is 4,404
allocated or apportioned to current expenses. 4,405
(2) "State equalization enhancement payments" means any 4,407
payment made to a school district pursuant to section 3317.0215 4,408
of the Revised Code for the preceding fiscal year. 4,409
(3) "Charge-off amount" means the product obtained by 4,411
98
multiplying two and three-tenths per cent by adjusted total 4,412
taxable value. 4,413
(4) "Total receipts available for current expenses" of a 4,416
school district means the sum of total taxes charged and payable 4,417
for current expenses and the district's state equalization
enhancement payments. 4,418
(5) "Local share of special education and related services 4,420
additional weighted costs" has the same meaning as in division 4,423
(C)(3) of section 3317.022 of the Revised Code.
(6) "LOCAL SHARE OF VOCATIONAL EDUCATION AND ASSOCIATED 4,425
SERVICES ADDITIONAL WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT 4,426
MEANS THE AMOUNT DETERMINED AS FOLLOWS: 4,427
(1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION 4,428
3317.022 OF THE REVISED CODE) X [(TOTAL VOCATIONAL 4,429
EDUCATION WEIGHT AS DEFINED IN THAT SECTION X 4,431
THE FORMULA AMOUNT) + THE DISTRICT'S PAYMENT UNDER DIVISION 4,433
(E)(2) OF SECTION 3317.02 OF THE REVISED CODE<
(B) Upon receiving the certifications under section 4,435
3317.021 of the Revised Code, the department of education shall 4,436
determine for each city, local, and exempted village school 4,438
district whether the district's charge-off amount is greater than 4,439
the district's total receipts available for current expenses, and 4,440
if it is, shall pay the district the amount of the difference. A 4,441
payment shall not be made to any school district for which the 4,442
computation under division (A) of section 3317.022 of the Revised 4,443
Code equals zero. 4,444
(C)(1) If a district's charge-off amount is equal to or 4,446
greater than its total receipts available for current expenses, 4,447
the department shall, in addition to the payment required under 4,448
division (B) of this section, pay the district the amount of the 4,449
local share of special education expenses AND RELATED SERVICES 4,450
ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF 4,451
VOCATIONAL EDUCATION AND ASSOCIATED SERVICES ADDITIONAL WEIGHTED 4,452
COSTS.
99
(2) If a district's charge-off amount is less than its 4,454
total receipts available for current expenses, the department 4,455
shall pay the district any amount by which THE SUM OF its local 4,458
share of special education and related services additional 4,459
weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION AND 4,460
ASSOCIATED SERVICES ADDITIONAL WEIGHTED COSTS exceeds its total 4,462
receipts available for current expenses minus its charge-off
amount.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 4,472
and (C) of this section, any student enrolled in kindergarten 4,473
more than half time shall be reported as one-half student under 4,474
this section.
(A) The superintendent of each city and exempted village 4,477
school district and of each educational service center shall, for 4,478
the schools under the superintendent's supervision, certify to 4,479
the state board of education on or before the fifteenth day of 4,480
October in each year for the first full school week in October 4,481
the formula ADM, which shall consist of the average daily 4,482
membership during such week of the sum of the following: 4,483
(1) On an FTE basis, the number of students in grades 4,486
kindergarten through twelve receiving any educational services 4,487
from the district, except that the following categories of 4,488
students shall not be included in the determination: 4,489
(a) Students enrolled in adult education classes; 4,491
(b) Adjacent or other district students enrolled in the 4,493
district under an open enrollment policy pursuant to section 4,494
3313.98 of the Revised Code; 4,495
(c) Students receiving services in the district pursuant 4,497
to a compact, cooperative education agreement, or a contract, but 4,498
who are entitled to attend school in another district pursuant to 4,499
section 3313.64 or 3313.65 of the Revised Code; 4,500
(d) Students for whom tuition is payable pursuant to 4,503
sections 3317.081 and 3323.141 of the Revised Code. 4,504
(2) On an FTE basis, the number of students entitled to 4,507
100
attend school in the district pursuant to section 3313.64 or 4,508
3313.65 of the Revised Code, but receiving educational services 4,510
in grades kindergarten through twelve from one or more of the
following entities: 4,511
(a) A community school pursuant to Chapter 3314. of the 4,514
Revised Code or Section 50.52 of Amended Substitute House Bill 4,515
No. 215 of the 122nd general assembly;
(b) An alternative school pursuant to sections 3313.974 to 4,517
3313.979 of the Revised Code as described in division (I)(2)(a) 4,519
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 4,521
Code;
(d) An adjacent or other school district under an open 4,524
enrollment policy adopted pursuant to section 3313.98 of the 4,525
Revised Code; 4,526
(e) An educational service center or cooperative education 4,529
district;
(f) Another school district under a cooperative education 4,532
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 4,534
joint vocational school district or under a vocational education 4,535
compact;
(4) The number of handicapped children, other than 4,537
handicapped preschool children, entitled to attend school in the 4,538
district pursuant to section 3313.64 or 3313.65 of the Revised 4,540
Code who are placed with a county MR/DD board, minus the number 4,543
of such children placed with a county MR/DD board in fiscal year 4,544
1998. If this calculation produces a negative number, the number 4,546
reported under division (A)(4) of this section shall be zero. 4,548
(B) To enable the department of education to obtain the 4,551
data needed to complete the calculation of payments pursuant to 4,552
this chapter, in addition to the formula ADM, each superintendent 4,554
shall report separately the following student counts: 4,555
(1) The total average daily membership in regular day 4,557
101
classes included in the report under division (A)(1) or (2) of 4,558
this section for kindergarten, and each of grades one through 4,559
twelve in schools under the superintendent's supervision; 4,561
(2) The average daily membership of all handicapped 4,563
preschool children included in a unit approved for the district 4,564
under section 3317.05 of the Revised Code, in accordance with 4,565
rules adopted under that section; 4,566
(3) The number of children entitled to attend school in 4,568
the district pursuant to section 3313.64 or 3313.65 of the 4,569
Revised Code who are participating in a pilot project scholarship 4,571
program established under sections 3313.974 to 3313.979 of the 4,572
Revised Code as described in division (I)(2)(a) or (b) of this 4,574
section, are enrolled in a college under Chapter 3365. of the 4,575
Revised Code, are enrolled in an adjacent or other school 4,576
district under section 3313.98 of the Revised Code, are enrolled 4,577
in a community school established under Chapter 3314. of the 4,579
Revised Code or Section 50.52 of Amended Substitute House Bill 4,580
No. 215 of the 122nd general assembly, or are participating in a 4,581
program operated by a county MR/DD board or a state institution; 4,583
(4) The number of pupils enrolled in joint vocational 4,585
schools; 4,586
(5) The average daily membership of handicapped children 4,589
reported under division (A)(1) or (2) of this section receiving 4,590
category one special education services, described in division 4,591
(A) of section 3317.013 of the Revised Code; 4,592
(6) The average daily membership of handicapped children 4,594
reported under division (A)(1) or (2) of this section receiving 4,595
category two special education services, described in division 4,596
(B) of section 3317.013 of the Revised Code; 4,597
(7) The average daily membership of handicapped children 4,599
reported under division (A)(1) or (2) of this section identified 4,601
as having any of the handicaps specified in division (F)(3) of 4,602
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 4,604
102
division (A)(1) or (2) of this section enrolled in CATEGORY ONE 4,605
vocational education programs or classes, DESCRIBED IN DIVISION 4,607
(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the
school district or by another district, other than a joint 4,608
vocational school district, or by an educational service center; 4,609
(9) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 4,611
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO 4,612
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION 4,613
(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE 4,614
SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT 4,615
VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER; 4,616
(10) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 4,618
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY THREE 4,619
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, AS DESIGNATED BY THE 4,620
DEPARTMENT OF EDUCATION, THAT ARE OPERATED BY THE SCHOOL DISTRICT 4,622
OR BY ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT VOCATIONAL 4,623
SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER;
(11) The average number of children transported by the 4,626
school district on board-owned or contractor-owned and -operated 4,627
buses, reported in accordance with rules adopted by the 4,629
department of education;
(10)(12)(a) The number of children, other than handicapped 4,632
preschool children, the district placed with a county MR/DD board 4,633
in fiscal year 1998; 4,634
(b) The number of handicapped children, other than 4,636
handicapped preschool children, placed with a county MR/DD board 4,638
in the current fiscal year to receive category one special 4,639
education services, described in division (A) of section 3317.013 4,641
of the Revised Code; 4,642
(c) The number of handicapped children, other than 4,644
handicapped preschool children, placed with a county MR/DD board 4,646
in the current fiscal year to receive category two special 4,647
education services, described in division (B) of section 3317.013 4,649
of the Revised Code; 4,650
103
(d) The number of handicapped children, other than 4,652
handicapped preschool children, placed with a county MR/DD board 4,654
in the current fiscal year to receive category three special 4,655
education services, described in division (F)(3) of section 4,657
3317.02 of the Revised Code. 4,659
(C) Except as otherwise provided in this section for 4,661
kindergarten students, the average daily membership in divisions 4,662
(B)(1) to (8)(10) of this section shall be based upon the number 4,664
of full-time equivalent students. The state board of education 4,665
shall adopt rules defining full-time equivalent students and for 4,666
determining the average daily membership therefrom for the 4,668
purposes of divisions (A) and, (B), AND (D) of this section. No 4,669
child shall be counted as more than a total of one child in the 4,670
sum of the average daily memberships of a school district under 4,672
division (A) or under, divisions (B)(1) to (8)(10), OR DIVISION 4,673
(D) of this section. Based on the information reported under 4,675
this section, the department of education shall determine the
total student count, as defined in section 3301.011 of the 4,676
Revised Code, for each school district. 4,677
(D)(1) The superintendent of each joint vocational and 4,679
cooperative education school district shall certify to the 4,681
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable ON OR BEFORE THE 4,682
FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL 4,683
WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE 4,685
average daily memberships for all students in the joint 4,686
vocational or cooperative education school district, MEMBERSHIP 4,688
DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS 4,690
RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT 4,691
THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE 4,692
DETERMINATION:
(a) STUDENTS ENROLLED IN ADULT EDUCATION CLASSES; 4,694
(b) ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS 4,696
ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT 4,698
104
TO SECTION 3313.98 OF THE REVISED CODE; 4,699
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 4,701
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 4,702
WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED 4,704
VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE 4,705
TERRITORY OF THE JOINT VOCATIONAL DISTRICT;
(d) STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO 4,707
SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE. 4,708
(2) TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE 4,710
DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO 4,711
THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT 4,712
SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN 4,713
THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE 4,714
FOLLOWING CATEGORIES OF STUDENTS: 4,715
(a) STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT 4,717
VOCATIONAL DISTRICT SCHOOLS; 4,718
(b) HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL 4,720
EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013 4,722
OF THE REVISED CODE;
(c) HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL 4,724
EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013 4,726
OF THE REVISED CODE;
(d) HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE 4,728
HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE 4,730
REVISED CODE;
(e) STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION 4,732
SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE 4,733
REVISED CODE;
(f) STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION 4,735
SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE 4,736
REVISED CODE;
(g) STUDENTS RECEIVING CATEGORY THREE VOCATIONAL EDUCATION 4,738
SERVICES, AS DESIGNATED BY THE DEPARTMENT. 4,739
THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT 4,741
105
SHALL also indicating INDICATE the city, local, or exempted 4,743
village school district of residence for IN WHICH each JOINT 4,744
VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT 4,745
TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.
(E) In each school of each city, local, exempted village, 4,747
joint vocational, and cooperative education school district there 4,748
shall be maintained a record of school membership, which record 4,749
shall accurately show, for each day the school is in session, the 4,750
actual membership enrolled in regular day classes. For the 4,751
purpose of determining average daily membership, the membership 4,752
figure of any school shall not include any pupils except those 4,753
pupils described by division (A) of this section. The record of 4,755
membership for each school shall be maintained in such manner 4,756
that no pupil shall be counted as in membership prior to the 4,757
actual date of entry in the school and also in such manner that 4,758
where for any cause a pupil permanently withdraws from the school 4,759
that pupil shall not be counted as in membership from and after 4,761
the date of such withdrawal. There shall not be included in the 4,762
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 4,765
a public high school;
(2) Any pupil who is not a resident of the state; 4,767
(3) Any pupil who was enrolled in the schools of the 4,770
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 4,771
not take one or more of the tests required by that section and 4,772
was not excused pursuant to division (C)(1) of that section; 4,773
(4) Any pupil who has attained the age of twenty-two 4,775
years, except for the following: 4,776
(a) Persons suffering from tuberculosis and receiving 4,778
treatment in any approved state, county, district, or municipal 4,779
tuberculosis hospital who have not graduated from the twelfth 4,780
grade of a public high school; 4,781
(b) Veterans of the armed services whose attendance was 4,783
106
interrupted before completing the recognized twelve-year course 4,784
of the public schools by reason of induction or enlistment in the 4,785
armed forces and who apply for reenrollment in the public school 4,786
system of their residence not later than four years after 4,787
termination of war or their honorable discharge. 4,788
If, however, any veteran described by division (E)(4)(b) of 4,791
this section elects to enroll in special courses organized for 4,792
veterans for whom tuition is paid under the provisions of federal 4,793
laws, or otherwise, that veteran shall not be included in average 4,795
daily membership.
Notwithstanding division (E)(3) of this section, the 4,797
membership of any school may include a pupil who did not take a 4,798
test required by section 3301.0711 of the Revised Code if the 4,799
superintendent of public instruction grants a waiver from the 4,800
requirement to take the test to the specific pupil. The 4,801
superintendent may grant such a waiver only for good cause in 4,802
accordance with rules adopted by the state board of education. 4,803
The average daily membership figure of any local, city, or 4,805
exempted village, OR JOINT VOCATIONAL school district shall be 4,806
determined by dividing the figure representing the sum of the 4,808
number of pupils enrolled during each day the school of 4,809
attendance is actually open for instruction during the first full 4,810
school week in October by the total number of days the school was 4,811
actually open for instruction during that week. For purposes of 4,812
state funding, "enrolled" persons are only those pupils who are 4,813
attending school, those who have attended school during the 4,814
current school year and are absent for authorized reasons, and 4,815
those handicapped children currently receiving home instruction. 4,816
The average daily membership figure of any joint vocational 4,818
or cooperative education school district shall be determined in 4,819
accordance with rules adopted by the state board of education. 4,820
(F)(1) If the formula ADM for the first full school week 4,823
in February is at least three per cent greater than that 4,824
certified for the first full school week in the preceding 4,825
107
October, the superintendent of schools of any city or, exempted 4,826
village, OR JOINT VOCATIONAL school district or educational 4,828
service center shall certify such increase to the superintendent 4,829
of public instruction. Such certification shall be submitted no 4,830
later than the fifteenth day of February. For the balance of the 4,831
fiscal year, beginning with the February payments, the 4,832
superintendent of public instruction shall use the increased 4,833
formula ADM in calculating or recalculating the amounts to be 4,834
allocated in accordance with section 3317.022 OR 3317.16 of the 4,836
Revised Code. In no event shall the superintendent use an 4,837
increased membership certified to the superintendent after the 4,838
fifteenth day of February. 4,839
(2) If during the first full school week in February the 4,841
total number of units for handicapped preschool children that are 4,844
eligible for approval under division (B) of section 3317.05 of 4,845
the Revised Code exceeds the number of such units that have been 4,846
approved for the year under such division, the superintendent of 4,847
schools of any city, exempted village, or cooperative education 4,848
school district or educational service center shall make the 4,849
certifications required by this section for such week. If the 4,850
state board of education determines additional units can be 4,851
approved for the fiscal year within any limitations set forth in 4,852
the acts appropriating moneys for the funding of such units, the 4,854
board shall approve additional units for the fiscal year on the 4,855
basis of such average daily membership. For each unit so
approved, the department of education shall pay an amount 4,856
computed in the manner prescribed in section 3317.161 or 3317.19 4,858
and section 3317.162 of the Revised Code.
(3) If during the first full school week in February the 4,860
total number of special education units that are eligible for 4,861
approval under division (D)(1) of section 3317.05 of the Revised 4,862
Code for a joint vocational school district exceeds the number of 4,863
those units that have been approved for the year under that 4,864
division, the superintendent of the district shall make the
108
certifications required by this section for that week. If the 4,865
state board of education determines additional units can be 4,866
approved for the fiscal year within any limitations set forth in 4,867
the acts appropriating moneys for the funding of such units, the 4,868
state board shall approve additional units for the fiscal year on 4,869
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 4,870
computed in the manner prescribed by section 3317.16 of the 4,871
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 4,873
special education program pursuant to section 3323.091 of the 4,874
Revised Code shall, for the programs under such superintendent's 4,876
supervision, certify to the state board of education the average 4,877
daily membership of all handicapped children in classes or 4,878
programs approved annually by the state board of education, in 4,879
the manner prescribed by the superintendent of public 4,880
instruction.
(b) The superintendent of an institution with vocational 4,883
education units approved under division (A) of section 3317.05 of 4,884
the Revised Code shall, for the units under the superintendent's 4,886
supervision, certify to the state board of education the average 4,887
daily membership in those units, in the manner prescribed by the 4,888
superintendent of public instruction. 4,889
(2) The superintendent of each county MR/DD board that 4,891
maintains special education classes or units approved by the 4,892
state board of education pursuant to section 3317.05 of the 4,894
Revised Code shall do both of the following: 4,895
(a) Certify to the state board, in the manner prescribed 4,898
by the board, the average daily membership in classes and units 4,899
approved under division (D)(1) of section 3317.05 of the Revised 4,900
Code for each school district that has placed children in the 4,901
classes or units;
(b) Certify to the state board, in the manner prescribed 4,903
by the board, the average daily membership in preschool 4,905
109
handicapped units approved under division (B) of section 3317.05 4,907
of the Revised Code.
(3) If during the first full school week in February the 4,909
average daily membership of the classes or units maintained by 4,910
the county MR/DD board that are eligible for approval under 4,911
division (D)(1) of section 3317.05 of the Revised Code is greater 4,913
than the average daily membership for the preceding October, the 4,914
superintendent of the board shall make the certifications 4,915
required by this section for such week and, if during the first 4,917
full school week in February the average daily membership of the 4,918
units maintained by the county MR/DD board that are eligible for 4,919
approval under division (B) of section 3317.05 of the Revised 4,920
Code is greater than the average daily membership for the 4,921
preceding October, the superintendent shall certify the average 4,922
daily membership for the first full school week in February for 4,923
such units to the state board of education. If the state board 4,924
determines that additional classes or units can be approved for 4,925
the fiscal year within any limitations set forth in the acts 4,926
appropriating moneys for the funding of such classes and units, 4,927
the board shall approve and fund additional units for the fiscal 4,928
year on the basis of such average daily membership. For each
unit so approved, the department of education shall pay an amount 4,929
computed in the manner prescribed in sections 3317.161 and 4,931
3317.162 of the Revised Code.
(H) Except as provided in division (I) of this section, 4,934
when any city, local, or exempted village school district 4,935
provides instruction for a nonresident pupil whose attendance is 4,936
unauthorized attendance as defined in section 3327.06 of the 4,937
Revised Code, that pupil's membership shall not be included in 4,938
that district's membership figure used in the calculation of that 4,939
district's formula ADM or included in the determination of any 4,940
unit approved for the district under section 3317.05 of the 4,941
Revised Code. The reporting official shall report separately the 4,942
average daily membership of all pupils whose attendance in the 4,943
110
district is unauthorized attendance, and the membership of each 4,944
such pupil shall be credited to the school district in which the 4,945
pupil is entitled to attend school under division (B) of section 4,946
3313.64 or section 3313.65 of the Revised Code as determined by 4,947
the department of education. 4,948
(I)(1) A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 4,950
VOCATIONAL school district admitting a scholarship student of a 4,953
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 4,954
average daily membership.
(2) In any year for which funds are appropriated for pilot 4,956
project scholarship programs, a school district implementing a 4,957
state-sponsored pilot project scholarship program that year 4,958
pursuant to sections 3313.974 through 3313.979 of the Revised 4,960
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 4,962
scholarship to attend kindergarten in any alternative school, as 4,963
defined in division (A)(9) of section 3313.974 of the Revised 4,964
Code;
(b) All children who were enrolled in the district in the 4,966
preceding year who are utilizing a scholarship to attend any such 4,967
alternative school. 4,968
(J) THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION 4,970
SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC 4,971
INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF 4,972
EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL 4,973
STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING 4,974
THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE 4,975
REVISED CODE.
Sec. 3317.033. In accordance with rules which the state 4,984
board of education shall adopt, each joint vocational school 4,986
district shall do both of the following:
(A) Maintain a record of district membership of any 4,989
111
persons who are not eligible to be included in the average daily 4,990
membership determined under division (D) of section 3317.03 of 4,992
the Revised Code and who are participating in a program funded 4,994
with a secondary vocational education job-training unit approved 4,995
under division (A) of section 3317.05 of the Revised Code;
(B) Annually certify to the state board of education the 4,997
number of persons for whom a record is maintained under division 4,998
(A) of this section. These numbers shall be reported for each 4,999
unit and on a full-time equivalent basis. 5,000
Sec. 3317.05. (A) For the purpose of calculating payments 5,010
under sections 3317.16, 3317.161, and 3317.162 of the Revised 5,012
Code, the state board of education shall determine for each joint 5,013
vocational school district and institution, by the last day of 5,014
January of each year and based on information certified under 5,015
section 3317.03 of the Revised Code, the number of vocational 5,017
education units or fractions of units approved by the state board 5,018
on the basis of standards and rules adopted by the state board. 5,019
As used in this division, "institution" means an institution 5,020
operated by a department specified in section 3323.091 of the 5,021
Revised Code and that provides vocational education programs 5,022
under the supervision of the division of vocational education of 5,023
the department of education that meet the standards and rules for 5,024
these programs, including licensure of professional staff 5,025
involved in the programs, as established by the state board of 5,026
education.
(B) For the purpose of calculating payments under sections 5,029
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 5,030
state board shall determine, based on information certified under 5,032
section 3317.03 of the Revised Code, the following by the last 5,033
day of January of each year for each educational service center, 5,035
for each school district, including each cooperative education 5,036
school district, for each institution eligible for payment under 5,037
section 3323.091 of the Revised Code, and for each county MR/DD 5,038
board: the number of classes operated by the school district, 5,039
112
service center, institution, or county MR/DD board for 5,040
handicapped preschool children, or fraction thereof, including in 5,042
the case of a district or service center that is a funding agent, 5,043
classes taught by a licensed teacher employed by that district or 5,044
service center under section 3313.841 of the Revised Code, 5,045
approved annually by the state board on the basis of standards 5,046
and rules adopted by the state board. 5,047
(C) For the purpose of calculating payments under sections 5,049
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 5,052
state board shall determine, based on information certified under 5,053
section 3317.03 of the Revised Code, the following by the last 5,054
day of January of each year for each school district, including 5,056
each cooperative education school district, for each institution 5,057
eligible for payment under section 3323.091 of the Revised Code, 5,058
and for each county MR/DD board: the number of preschool 5,060
handicapped related services units for child study, occupational, 5,061
physical, or speech and hearing therapy, special education 5,062
supervisors, and special education coordinators approved annually 5,063
by the state board on the basis of standards and rules adopted by 5,064
the state board.
(D) For the purpose of calculating payments under sections 5,067
3317.16, 3317.161, and 3317.162 of the Revised Code, the state 5,069
board shall determine, based on information certified under 5,070
section 3317.03 of the Revised Code, the following by the last 5,071
day of January of each year for each joint vocational school 5,072
district, for each institution eligible for payment under section 5,073
3323.091 of the Revised Code, and for each county MR/DD board: 5,074
(1) The number of classes operated by a joint vocational 5,076
school district, AN institution, or county MR/DD board for 5,078
handicapped children other than handicapped preschool children, 5,079
or fraction thereof, approved annually by the state board on the 5,081
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 5,083
other than handicapped preschool children for child study, 5,084
113
occupational, physical, or speech and hearing therapy, special 5,085
education supervisors, and special education coordinators 5,086
approved annually by the state board on the basis of standards 5,088
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 5,090
section shall be carried to the second decimal place. The total 5,091
number of units for school districts, service centers, and 5,093
institutions approved annually by the state board under this 5,094
section shall not exceed the number of units included in the 5,095
state board's estimate of cost for these units and appropriations 5,097
made for them by the general assembly. 5,098
In the case of units described in division (D)(1) of this 5,101
section operated by county MR/DD boards and institutions eligible 5,103
for payment under section 3323.091 of the Revised Code, the state 5,104
board shall approve only units for persons who are under age 5,105
twenty-two on the first day of the academic year, but not less 5,106
than six years of age on the thirtieth day of September of that 5,107
year, except that such a unit may include one or more children 5,108
who are under six years of age on the thirtieth day of September 5,109
if such children have been admitted to the unit pursuant to rules 5,110
of the state board. In the case of handicapped preschool units 5,111
described in division (B) of this section operated by county 5,113
MR/DD boards and institutions eligible for payment under section 5,114
3323.091 of the Revised Code, the state board shall approve only 5,115
preschool units for children who are under age six but not less 5,116
than age three on the thirtieth day of September of the academic 5,117
year, except that such a unit may include one or more children 5,118
who are under age three or are age six or over on the thirtieth 5,119
day of September if such children have been admitted to the unit 5,120
pursuant to rules of the state board of education. The number of 5,121
units for county MR/DD boards and institutions eligible for 5,123
payment under section 3323.091 of the Revised Code approved by 5,124
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 5,125
114
the general assembly. 5,126
No unit shall be approved under divisions (B) to (D) of 5,129
this section unless a plan has been submitted and approved under 5,130
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the THE department shall 5,132
approve units or fractions thereof for gifted children on the 5,133
basis of standards and rules adopted by the board. 5,134
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 5,143
and 3317.11 of the Revised Code, a unit funded pursuant to 5,144
division (P)(1) of section 3317.024 or division (A)(2) of section 5,146
3317.161 of the Revised Code shall not be approved for state 5,147
funding in one school district, including any joint vocational or 5,148
cooperative education school district or any educational service 5,149
center, to the extent that such unit provides programs in or 5,150
services to another district which receives payment pursuant to 5,151
section 3317.04 of the Revised Code. 5,152
(2) Any city, local, exempted village, or cooperative 5,155
education school district or any educational service center may 5,156
combine partial unit eligibility for handicapped preschool 5,157
programs pursuant to section 3317.05 of the Revised Code, and 5,158
such combined partial units may be approved for state funding in 5,160
one school district or service center. 5,161
(B) After units have been initially approved for any 5,163
fiscal year under section 3317.05 of the Revised Code, no unit 5,165
shall be subsequently transferred from a school district or 5,167
educational service center to another city, exempted village, 5,168
local, joint vocational, or cooperative education school district 5,169
or educational service center or to an institution or county 5,172
MR/DD board solely for the purpose of reducing the financial
obligations of the school district in a fiscal year it receives 5,173
payment pursuant to section 3317.04 of the Revised Code. 5,174
Sec. 3317.06. Moneys paid to school districts under 5,183
division (L) of section 3317.024 of the Revised Code shall be 5,185
used for the following independent and fully severable purposes:
115
(A) To purchase such secular textbooks OR ELECTRONIC 5,187
TEXTBOOKS as have been approved by the superintendent of public 5,189
instruction for use in public schools in the state and to loan 5,190
such textbooks OR ELECTRONIC TEXTBOOKS to pupils attending 5,192
nonpublic schools within the district or to their parents and to 5,193
hire clerical personnel to administer such lending program. Such 5,194
loans shall be based upon individual requests submitted by such 5,195
nonpublic school pupils or parents. Such requests shall be 5,196
submitted to the school district in which the nonpublic school is 5,197
located. Such individual requests for the loan of textbooks OR 5,198
ELECTRONIC TEXTBOOKS shall, for administrative convenience, be 5,199
submitted by the nonpublic school pupil or the pupil's parent to 5,201
the nonpublic school, which shall prepare and submit collective 5,202
summaries of the individual requests to the school district. As 5,203
used in this section, "textbook: 5,204
(1) "TEXTBOOK" means any book or book substitute which 5,207
THAT a pupil uses as a CONSUMABLE OR NONCONSUMABLE text or, text 5,208
substitute, OR TEXT SUPPLEMENT in a particular class or program 5,210
in the school the pupil regularly attends. 5,211
(2) "ELECTRONIC TEXTBOOK" MEANS COMPUTER SOFTWARE, 5,213
INTERACTIVE VIDEODISC, MAGNETIC MEDIA, CD-ROM, COMPUTER 5,214
COURSEWARE, LOCAL AND REMOTE COMPUTER-ASSISTED INSTRUCTION, 5,215
ON-LINE SERVICE, ELECTRONIC MEDIUM, OR OTHER MEANS OF CONVEYING 5,216
INFORMATION TO THE STUDENT OR OTHERWISE CONTRIBUTING TO THE 5,217
LEARNING PROCESS THROUGH ELECTRONIC MEANS.
(B) To provide speech and hearing diagnostic services to 5,219
pupils attending nonpublic schools within the district. Such 5,220
service shall be provided in the nonpublic school attended by the 5,221
pupil receiving the service. 5,222
(C) To provide physician, nursing, dental, and optometric 5,224
services to pupils attending nonpublic schools within the 5,225
district. Such services shall be provided in the school attended 5,226
by the nonpublic school pupil receiving the service. 5,227
(D) To provide diagnostic psychological services to pupils 5,229
116
attending nonpublic schools within the district. Such services 5,230
shall be provided in the school attended by the pupil receiving 5,231
the service. 5,232
(E) To provide therapeutic psychological and speech and 5,234
hearing services to pupils attending nonpublic schools within the 5,235
district. Such services shall be provided in the public school, 5,236
in nonpublic schools, in public centers, or in mobile units 5,237
located on or off of the nonpublic premises. If such services 5,238
are provided in the public school or in public centers, 5,239
transportation to and from such facilities shall be provided by 5,240
the school district in which the nonpublic school is located. 5,241
(F) To provide guidance and counseling services to pupils 5,243
attending nonpublic schools within the district. Such services 5,244
shall be provided in the public school, in nonpublic schools, in 5,245
public centers, or in mobile units located on or off of the 5,247
nonpublic premises. If such services are provided in the public 5,248
school or in public centers, transportation to and from such 5,249
facilities shall be provided by the school district in which the 5,250
nonpublic school is located.
(G) To provide remedial services to pupils attending 5,252
nonpublic schools within the district. Such services shall be 5,253
provided in the public school, in nonpublic schools, in public 5,254
centers, or in mobile units located on or off of the nonpublic 5,255
premises. If such services are provided in the public school or 5,257
in public centers, transportation to and from such facilities 5,258
shall be provided by the school district in which the nonpublic 5,259
school is located.
(H) To supply for use by pupils attending nonpublic 5,261
schools within the district such standardized tests and scoring 5,262
services as are in use in the public schools of the state; 5,263
(I) To provide programs for children who attend nonpublic 5,265
schools within the district and are handicapped children as 5,266
defined in division (A) of section 3323.01 of the Revised Code or 5,267
gifted children. Such programs shall be provided in the public 5,268
117
school, in nonpublic schools, in public centers, or in mobile 5,269
units located on or off of the nonpublic premises. If such 5,272
programs are provided in the public school or in public centers, 5,273
transportation to and from such facilities shall be provided by 5,274
the school district in which the nonpublic school is located. 5,275
(J) To hire clerical personnel to assist in the 5,277
administration of programs pursuant to divisions (B), (C), (D), 5,278
(E), (F), (G), and (I) of this section and to hire supervisory 5,279
personnel to supervise the providing of services and textbooks 5,280
pursuant to this section.; 5,281
(K) To purchase any secular, neutral, and nonideological 5,283
computer software (INCLUDING SITE-LICENSING), prerecorded video 5,285
laserdiscs, DIGITAL VIDEO ON DEMAND (DVD), compact discs, and 5,286
video cassette cartridges and, WIDE AREA CONNECTIVITY AND RELATED 5,288
TECHNOLOGY AS IT RELATES TO INTERNET ACCESS, mathematics or
science equipment and materials, INSTRUCTIONAL MATERIALS, AND 5,291
SCHOOL LIBRARY MATERIALS that are in general use in the public 5,292
schools of the state and loan such computer software, prerecorded 5,293
video laserdiscs, compact discs, and video cassette cartridges, 5,295
equipment, and materials ITEMS to pupils attending nonpublic 5,297
schools within the district or to their parents, and to hire 5,298
clerical personnel to administer the lending program. Only 5,299
computer software, prerecorded video laserdiscs, compact discs, 5,301
and video cassette cartridges, equipment, and materials SUCH 5,303
ITEMS that are incapable of diversion to religious use and that 5,305
are susceptible of loan to individual pupils and are furnished 5,306
for the use of individual pupils shall be purchased and loaned 5,307
under this division. AS USED IN THIS SECTION, "INSTRUCTIONAL
MATERIALS" MEANS PREPARED LEARNING MATERIALS THAT ARE SECULAR, 5,308
NEUTRAL, AND NONIDEOLOGICAL IN CHARACTER AND ARE OF BENEFIT TO 5,309
THE INSTRUCTION OF SCHOOL CHILDREN, AND MAY INCLUDE EDUCATIONAL 5,310
RESOURCES AND SERVICES DEVELOPED BY THE OHIO SCHOOLNET 5,311
COMMISSION.
(L) To purchase instructional equipment, including 5,313
118
computer hardware, for use by pupils attending nonpublic schools 5,315
within the district, if such usage only occurs when these pupils 5,317
are being provided the secular remedial, diagnostic, or 5,318
therapeutic services pursuant to division (B), (D), (E), (F), 5,320
(G), or (I) of this section.;
(M) To purchase mobile units to be used for the provision 5,323
of services pursuant to divisions (E), (F), (G), and (I) of this 5,326
section and to pay for necessary repairs and operating costs 5,327
associated with these units. 5,328
Clerical and supervisory personnel hired pursuant to 5,330
division (J) of this section shall perform their services in the 5,331
public schools, in nonpublic schools, public centers, or mobile 5,332
units where the services are provided to the nonpublic school 5,334
pupil, except that such personnel may accompany pupils to and 5,335
from the service sites when necessary to ensure the safety of the 5,336
children receiving the services. 5,337
Health services provided pursuant to divisions (B), (C), 5,339
(D), and (E) of this section may be provided under contract with 5,340
the department of health, city or general health districts, or 5,341
private agencies whose personnel are properly licensed by an 5,342
appropriate state board or agency. 5,343
Transportation of pupils provided pursuant to divisions 5,345
(E), (F), (G), and (I) of this section shall be provided by the 5,346
school district from its general funds and not from moneys paid 5,347
to it under division (L) of section 3317.024 of the Revised Code 5,349
unless a special transportation request is submitted by the
parent of the child receiving service pursuant to such divisions. 5,350
If such an application is presented to the school district, it 5,351
may pay for the transportation from moneys paid to it under 5,352
division (L) of section 3317.024 of the Revised Code. 5,353
No school district shall provide health or remedial 5,355
services to nonpublic school pupils as authorized by this section 5,356
unless such services are available to pupils attending the public 5,357
schools within the district. 5,358
119
Materials, equipment, computer software, textbooks, 5,360
ELECTRONIC TEXTBOOKS, and health and remedial services provided 5,362
for the benefit of nonpublic school pupils pursuant to this 5,363
section and the admission of pupils to such nonpublic schools 5,364
shall be provided without distinction as to race, creed, color, 5,365
or national origin of such pupils or of their teachers. 5,366
No school district shall provide services for use in 5,368
religious courses, devotional exercises, religious training, or 5,369
any other religious activity. 5,370
As used in this section, "parent" includes a person 5,372
standing in loco parentis to a child. 5,373
Notwithstanding section 3317.01 of the Revised Code, 5,375
payments shall be made under this section to any city, local, or 5,376
exempted village school district within which is located one or 5,377
more nonpublic elementary or high schools. 5,378
The allocation of payments for materials, equipment, 5,380
textbooks, ELECTRONIC TEXTBOOKS, health services, and remedial 5,381
services to city, local, and exempted village school districts 5,383
shall be on the basis of the state board of education's estimated 5,384
annual average daily membership in nonpublic elementary and high 5,385
schools located in the district. 5,386
Payments made to city, local, and exempted village school 5,388
districts under this section shall be equal to specific 5,389
appropriations made for the purpose. All interest earned by a 5,390
school district on such payments shall be used by the district 5,391
for the same purposes and in the same manner as the payments may 5,392
be used. 5,393
The department of education shall adopt guidelines and 5,395
procedures under which such programs and services shall be 5,396
provided, under which districts shall be reimbursed for 5,397
administrative costs incurred in providing such programs and 5,398
services, and under which any unexpended balance of the amounts 5,399
appropriated by the general assembly to implement this section 5,400
may be transferred to the auxiliary services personnel 5,401
120
unemployment compensation fund established pursuant to section 5,402
4141.47 of the Revised Code. The department shall also adopt 5,403
guidelines and procedures limiting the purchase and loan of 5,404
computer software, equipment, and materials under THE ITEMS 5,405
DESCRIBED IN division (K) of this section to items that are in 5,407
general use in the public schools of the state, that are 5,408
incapable of diversion to religious use, and that are susceptible 5,409
to individual use rather than classroom use. Within thirty days 5,410
after the end of each biennium, each board of education shall 5,411
remit to the department all moneys paid to it under division (L) 5,412
of section 3317.024 of the Revised Code and any interest earned 5,413
on those moneys that are not required to pay expenses incurred 5,414
under this section during the biennium for which the money was 5,415
appropriated and during which the interest was earned. If a 5,416
board of education subsequently determines that the remittal of 5,417
moneys leaves the board with insufficient money to pay all valid 5,418
expenses incurred under this section during the biennium for 5,419
which the remitted money was appropriated, the board may apply to 5,420
the department of education for a refund of money, not to exceed 5,421
the amount of the insufficiency. If the department determines 5,422
the expenses were lawfully incurred and would have been lawful 5,423
expenditures of the refunded money, it shall certify its 5,424
determination and the amount of the refund to be made to the 5,425
administrator of the bureau of employment services who shall make 5,426
a refund as provided in section 4141.47 of the Revised Code. 5,427
Sec. 3317.16. (A) AS USED IN THIS SECTION: 5,429
(1) "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE 5,431
CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS: 5,432
(a) CALCULATE THE STATE BASE COST FUNDING AMOUNT FOR THE 5,434
DISTRICT UNDER DIVISION (B) OF THIS SECTION. IF THE DISTRICT 5,436
WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT 5,437
DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO. 5,438
(b) IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER 5,440
THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO 5,442
121
THE FOLLOWING:
COST-OF-DOING-BUSINESS FACTOR X 5,444
THE FORMULA AMOUNT X 5,445
THE GREATER OF FORMULA ADM OR 5,446
THREE-YEAR AVERAGE FORMULA ADM 5,447
THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE 5,449
PERCENTAGE.
(2) THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT 5,451
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 5,452
AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE 5,453
REVISED CODE. 5,454
(3) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT 5,456
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 5,457
AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE 5,459
REVISED CODE.
(4) THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT 5,461
VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE 5,462
ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL 5,463
DISTRICTS FOR THE APPLICABLE FISCAL YEAR. 5,464
(B) THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND 5,466
DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL 5,467
SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE 5,468
FOLLOWING FORMULA:
(COST-OF-DOING-BUSINESS FACTOR X 5,470
FORMULA AMOUNT X THE GREATER OF FORMULA 5,471
ADM OR THREE-YEAR AVERAGE FORMULA ADM) - 5,472
(.0005 X ADJUSTED TOTAL TAXABLE VALUE) 5,473
IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A 5,475
NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO. 5,476
(C)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 5,478
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 5,479
JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING 5,480
FORMULA:
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 5,482
122
TOTAL VOCATIONAL EDUCATION WEIGHT 5,483
(2) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH 5,485
JOINT VOCATIONAL SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL 5,486
EDUCATION ASSOCIATED SERVICES COSTS IN ACCORDANCE WITH THE 5,487
FOLLOWING FORMULA: 5,488
STATE SHARE PERCENTAGE X .05 X 5,490
THE FORMULA AMOUNT X THE SUM OF 5,491
CATEGORIES ONE, TWO, AND THREE VOCATIONAL 5,492
EDUCATION ADM 5,493
IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT 5,495
RECEIVING FUNDS UNDER DIVISION (C)(2) OF THIS SECTION SHALL SPEND 5,496
THOSE FUNDS ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES 5,497
AS APPROVED FOR VOCATIONAL EDUCATION ASSOCIATED SERVICES 5,498
EXPENSES, WHICH MAY INCLUDE SUCH PURPOSES AS APPRENTICESHIP 5,499
COORDINATORS, COORDINATORS FOR OTHER VOCATIONAL EDUCATION 5,500
SERVICES, VOCATIONAL EVALUATION, AND OTHER PURPOSES DESIGNATED BY 5,501
THE DEPARTMENT. THE DEPARTMENT MAY DENY PAYMENT UNDER DIVISION 5,502
(C)(2) OF THIS SECTION TO ANY DISTRICT THAT THE DEPARTMENT 5,503
DETERMINES IS NOT OPERATING THOSE SERVICES OR IS USING FUNDS PAID 5,504
UNDER DIVISION (C)(2) OF THIS SECTION FOR OTHER PURPOSES. 5,505
(D) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 5,507
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 5,508
FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH 5,509
THE FOLLOWING FORMULA: 5,510
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 5,512
TOTAL SPECIAL EDUCATION WEIGHT 5,513
(E) EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT 5,515
VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND 5,516
VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS. 5,518
(F)(1) IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL 5,520
DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL 5,521
SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3) OF 5,523
SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE 5,524
FOLLOWING:
123
(a) THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED 5,526
SERVICES IN THE PRECEDING FISCAL YEAR; 5,527
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 5,531
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 5,532
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 5,534
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D) OF 5,535
THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED 5,536
SERVICES ADDITIONAL WEIGHTED COSTS . 5,537
(2) A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF 5,539
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 5,540
EQUALS:
(1 - STATE SHARE PERCENTAGE) X 5,542
TOTAL SPECIAL EDUCATION WEIGHT X 5,543
THE FORMULA AMOUNT 5,544
(G) IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE 5,546
TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER DIVISIONS (B) TO (D) 5,547
OF THIS SECTION IS LESS THAN THE AMOUNT THAT DISTRICT RECEIVED IN 5,549
FISCAL YEAR 1999 UNDER THE VERSION OF THIS SECTION IN EFFECT THAT 5,550
YEAR, PLUS THE AMOUNT THAT DISTRICT RECEIVED UNDER THE VERSION OF
SECTION 3317.162 OF THE REVISED CODE IN EFFECT THAT YEAR AND 5,551
MINUS THE AMOUNTS RECEIVED THAT YEAR FOR DRIVER EDUCATION AND 5,552
ADULT EDUCATION, THE DEPARTMENT SHALL PAY THE DISTRICT AN 5,553
ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO
AMOUNTS. 5,554
Sec. 3317.162. (A) As used in this section: 5,563
(1) "State share percentage" has the same meaning as in 5,565
section 3317.022 of the Revised Code. 5,566
(2) "Dollar amount" means the amount shown in the 5,568
following table for the corresponding type of unit and the 5,569
appropriate fiscal year: 5,570
DOLLAR AMOUNT 5,572
TYPE OF UNIT FY 1999 5,575
FY 2000 FY 2001 5,576
124
Division (B) of section 3317.05 5,577
of the Revised Code $8,334 $8,334 5,578
Division (C) of that section $3,234 $3,234 5,579
Division (F) of that section $3,550 5,580
$4,550 $5,550 5,581
(3) "Average unit amount" means the amount shown in the 5,584
following table for the corresponding type of unit and the 5,585
appropriate fiscal year: 5,586
AVERAGE UNIT AMOUNT 5,588
TYPE OF UNIT FY 1999 5,591
FY 2000 FY 2001 5,592
Division (B) of section 3317.05 5,593
of the Revised Code $7,799 $7,799 5,594
Division (C) of that section $2,966 $2,966 5,595
Division (F) of that section $3,251 5,596
$4,251 $5,251 5,597
(B) In the case of each unit described in division (B), 5,600
(C), or (F) of section 3317.05 of the Revised Code and allocated 5,602
to a city, local, or exempted village school district, the 5,603
department of education, in addition to the amounts specified in 5,605
division (P)(1) of section 3317.024 and sections 3317.16, 5,606
3317.161, and 3317.19 of the Revised Code, shall pay a 5,608
supplemental unit allowance equal to the sum of the following 5,609
amounts:
(1) An amount equal to 50% of the average unit amount for 5,611
the unit;
(2) An amount equal to the percentage of the dollar amount 5,613
for the unit that equals the district's state share percentage. 5,614
If, prior to the fifteenth day of May of a fiscal year, a 5,616
school district's aid computed under section 3317.022 of the 5,617
Revised Code is recomputed pursuant to section 3317.027 or 5,618
3317.028 of the Revised Code, the department shall also recompute 5,619
the district's entitlement to payment under this section 5,620
utilizing a new state share percentage. Such new state share 5,621
125
percentage shall be determined using the district's recomputed 5,622
basic aid amount pursuant to section 3317.027 or 3317.028 of the 5,623
Revised Code. During the last six months of the fiscal year, the 5,624
department shall pay the district a sum equal to one-half of the 5,625
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 5,626
(C)(1) In the case of each unit allocated to a joint 5,628
vocational school district or AN institution pursuant to division 5,629
(A) of section 3317.05 of the Revised Code, the department, in 5,631
addition to the amount specified in section 3317.16 or 3317.161 5,632
of the Revised Code, shall pay a supplemental unit allowance of 5,633
$7,227 in fiscal year 1999. 5,634
(2) In the case of each unit described in division (B) or 5,636
(D)(1) of section 3317.05 of the Revised Code that is allocated 5,638
to any entity other than a city, exempted village, or local 5,639
school district, the department, in addition to the amount 5,640
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $7,799 in fiscal year 1999. 5,641
(3) In the case of each unit described in division (C) or 5,644
(D)(2) of section 3317.05 of the Revised Code and allocated to 5,645
any entity other than a city, exempted village, or local school 5,646
district, the department, in addition to the amounts specified in 5,647
section 3317.161 of the Revised Code, shall pay a supplemental 5,648
unit allowance of $2,966 in fiscal year 1999.
(4) In the case of each unit described in division (F) of 5,651
section 3317.05 of the Revised Code and allocated to any entity 5,652
other than a city, exempted village, or local school district AN 5,653
EDUCATIONAL SERVICE CENTER, the department, in addition to the 5,654
amounts specified in DIVISION (P) OF section 3317.161 3317.024 of 5,656
the Revised Code, shall pay a supplemental unit allowance of 5,657
$3,251 4,251 in fiscal year 1999 2000 AND $5,251 IN FISCAL YEAR 5,658
2001.
Sec. 3317.51. (A) The distance learning fund is hereby 5,667
created in the state treasury. The fund shall consist of moneys 5,668
126
paid to the information, learning, and technology authority OHIO 5,669
SCHOOLNET COMMISSION by any telephone company as a part of a 5,671
settlement agreement between such company and the public 5,672
utilities commission in fiscal year 1995 in part to establish 5,673
distance learning throughout the state. The authority shall 5,674
administer the fund and expend moneys from it to finance 5,675
technology grants to eligible schools chartered by the state 5,676
board of education to establish distance learning in those 5,677
schools. Chartered schools are eligible for funds if they are 5,678
within the service area of the telephone company. Investment 5,679
earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" 5,681
means the creation of a learning environment involving a school 5,682
setting and at least one other location outside of the school 5,683
which allows for information available at one site to be accessed 5,684
at the other through the use of such educational applications as 5,685
one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations. 5,686
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 5,695
the Revised Code: 5,696
(A) "Ohio school facilities commission" means the 5,699
commission created pursuant to section 3318.30 of the Revised 5,700
Code.
(B) "Classroom facilities" means rooms in which pupils 5,702
regularly assemble in public school buildings to receive 5,703
instruction and education and such facilities and building 5,704
improvements for the operation and use of such rooms as may be 5,705
needed in order to provide a complete educational program, and 5,706
may include space within which a child day-care facility or a 5,707
community resource center is housed. 5,708
(C) "Project" means a project to construct or acquire 5,710
classroom facilities, or to reconstruct or make additions to 5,712
existing classroom facilities, to be used for housing the 5,713
applicable school district and its functions.
127
(D) "School district" means a local, exempted village, or 5,715
city school district as such districts are defined in Chapter 5,716
3311. of the Revised Code, acting as an agency of state 5,717
government, performing essential governmental functions of state 5,718
government pursuant to sections 3318.01 and 3318.20 of the 5,719
Revised Code.
(E) "School district board" means the board of education 5,721
of a school district. 5,722
(F) "Net bonded indebtedness" means the difference between 5,724
the sum of the par value of all outstanding and unpaid bonds and 5,725
notes which a school district board is obligated to pay, any 5,727
amounts the school district is obligated to pay under 5,728
lease-purchase agreements entered into under section 3313.375 of 5,729
the Revised Code, and the par value of bonds authorized by the 5,730
electors but not yet issued, the proceeds of which can lawfully 5,731
be used for the project, and the amount held in the sinking fund 5,732
and other indebtedness retirement funds for their redemption. 5,733
Notes issued for school buses in accordance with section 3327.08 5,734
of the Revised Code, notes issued in anticipation of the 5,735
collection of current revenues, and bonds issued to pay final 5,736
judgments shall not be considered in calculating the net bonded 5,737
indebtedness.
"Net bonded indebtedness" does not include indebtedness 5,739
arising from the acquisition of land to provide a site for 5,740
classroom facilities constructed, acquired, or added to pursuant 5,741
to sections 3318.01 to 3318.20 of the Revised Code. 5,742
(G) "Board of elections" means the board of elections of 5,744
the county containing the most populous portion of the school 5,745
district. 5,746
(H) "County auditor" means the auditor of the county in 5,748
which the greatest value of taxable property of such school 5,749
district is located. 5,750
(I) "Tax duplicates" means the general tax lists and 5,752
duplicates prescribed by sections 319.28 and 319.29 of the 5,753
128
Revised Code. 5,754
(J) "Required level of indebtedness" means: 5,756
(1) In the case of districts in the first percentile, five 5,759
per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE 5,760
YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER 5,761
SECTION 3318.04 OF THE REVISED CODE.
(2) In the case of districts ranked in a subsequent 5,763
percentile, five per cent of THE DISTRICT'S valuation FOR THE 5,764
YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED 5,765
THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two 5,766
one-hundredths of one per cent multiplied by (the percentile in 5,767
which the district ranks minus one)<.
(K) "Required percentage of the basic project costs" means 5,769
one per cent of the basic project costs times the percentile in 5,771
which the district ranks.
(L) "Basic project cost" means a cost amount determined in 5,773
accordance with rules adopted under section 111.15 of the Revised 5,774
Code by the Ohio school facilities commission. The basic project 5,777
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 5,778
housed in the classroom facilities, the variation across the 5,779
state in construction and related costs, the cost of the 5,780
installation of site utilities and site preparation, the cost of 5,781
insuring the project until it is completed, and the professional 5,783
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 5,784
(M) A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 5,787
COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE 5,788
REVISED CODE. 5,789
(N) "Child day-care facility" means space within a 5,792
classroom facility in which the needs of infants, toddlers, 5,793
preschool children, and school children are provided for by 5,794
persons other than the parent or guardian of such children for 5,795
any part of the day, including persons not employed by the school
129
district operating such classroom facility. 5,796
(N)(O) "Community resource center" means space within a 5,799
classroom facility in which comprehensive services that support 5,800
the needs of families and children are provided by 5,801
community-based social service providers. 5,802
(O)(P) "Valuation" means the total value of all property 5,804
in the district as listed and assessed for taxation on the tax 5,806
duplicates.
(P)(Q) "Percentile" means the percentile in which the 5,808
district is ranked pursuant to division (C)(D) of section 5,810
3318.011 of the Revised Code. 5,811
(Q)(R) "Installation of site utilities" means the 5,813
installation of a site domestic water system, site fire 5,815
protection system, site gas distribution system, site sanitary 5,816
system, site storm drainage system, and site telephone and data 5,817
system.
(R)(S) "Site preparation" means the earthwork necessary 5,820
for preparation of the building foundation system, the paved 5,821
pedestrian and vehicular circulation system, playgrounds on the 5,822
project site, and lawn and planting on the project site. 5,823
Sec. 3318.011. For purposes of providing assistance under 5,832
sections 3318.01 to 3318.20 of the Revised Code, the department 5,833
of education shall annually do all of the following: 5,834
(A) Calculate the adjusted valuation per pupil of each 5,836
city, local, and exempted village school district according to 5,837
the FOLLOWING formula set forth in section 3317.0213 of the 5,838
Revised Code;: 5,839
THE DISTRICT'S VALUATION PER PUPIL - 5,840
[$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<. 5,842
FOR PURPOSES OF THIS CALCULATION: 5,844
(1) "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE 5,846
TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION 5,847
3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR. 5,849
(2) "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE 5,851
130
AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH 5,852
PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION 5,853
3317.021 OF THE REVISED CODE. 5,854
(3) "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION 5,856
3317.02 OF THE REVISED CODE. 5,857
(B) CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION 5,859
PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 5,860
DISTRICT FOR THE PRECEDING THREE FISCAL YEARS; 5,861
(C) Rank all such districts in order of adjusted valuation 5,863
per pupil from the district with the lowest THREE-YEAR AVERAGE 5,864
adjusted valuation per pupil to the district with the highest 5,866
THREE-YEAR AVERAGE adjusted valuation per pupil; 5,868
(C)(D) Divide such ranking into percentiles with the first 5,871
percentile containing the one per cent of school districts having 5,872
the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per 5,873
pupil and the one-hundredth percentile containing the one per 5,874
cent of school districts having the highest THREE-YEAR AVERAGE 5,875
adjusted valuation VALUATIONS per pupil; 5,876
(D)(E) Determine the school districts that have an 5,878
THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that 5,880
is ARE greater than the median THREE-YEAR AVERAGE adjusted 5,881
valuation per pupil for all school districts in the state; 5,882
(E)(F) Certify the information described in divisions (A) 5,884
to (D)(E) of this section to the Ohio school facilities 5,885
commission. 5,886
Sec. 3318.021. NOTWITHSTANDING SECTION 3318.02 OF THE 5,888
REVISED CODE, THE OHIO SCHOOL FACILITIES COMMISSION ANNUALLY MAY 5,889
CONDUCT ON-SITE VISITS TO NO MORE THAN FIVE SCHOOL DISTRICTS IN 5,890
THE TWENTIETH TO FORTIETH PERCENTILES AS DETERMINED UNDER SECTION 5,891
3318.011 OF THE REVISED CODE, IF A DISTRICT BOARD ADOPTS A 5,893
RESOLUTION CERTIFYING TO THE COMMISSION THE BOARD'S INTENT TO 5,894
PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL 5,895
PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE. 5,897
Sec. 3318.032. THE PORTION OF THE BASIC PROJECT COST 5,899
131
SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF: 5,900
(A) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 5,902
DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME 5,903
THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 5,905
OF THE REVISED CODE;
(B) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 5,907
BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD 5,908
APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE
REQUIRED LEVEL OF INDEBTEDNESS. 5,909
THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS 5,911
SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING 5,912
BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT 5,913
THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE 5,914
REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE 5,915
PROPOSITIONS DESCRIBED IN THAT SECTION. IF THE AMOUNT RESERVED 5,916
AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO 5,917
NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL 5,918
DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE 5,919
PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN 5,920
ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING 5,921
BOARD'S SUBSEQUENT APPROVAL.
Sec. 3318.05. The conditional approval of the Ohio school 5,930
facilities commission for a project shall lapse and the amount 5,932
reserved and encumbered for such project shall be released unless 5,933
the school district board accepts such conditional approval 5,934
within one hundred twenty days following the date of 5,935
certification of the conditional approval to the school district 5,936
board and the electors of the school district vote favorably on 5,938
both of the propositions described in divisions (A) and (B) of 5,939
this section within one year of the date of such certification. 5,940
The propositions described in divisions (A) and (B) of this 5,941
section shall be combined in a single proposal. If the district 5,943
board or the district's electors fail to meet such requirements
and the amount reserved and encumbered for the district's project 5,944
132
is released, the district shall be given first priority for 5,945
project funding as such funds become available. 5,946
(A) On the question of issuing bonds of the school 5,948
district board, for the school district's portion of the basic 5,949
project cost, in either whatever amount may be necessary to raise 5,950
the net bonded indebtedness of the school district to within five 5,952
thousand dollars of the required level of indebtedness calculated 5,953
for the year preceding the year in which the resolution declaring 5,954
the necessity of the election is adopted, or an amount equal to 5,957
the required percentage SCHOOL DISTRICT'S PORTION of the basic 5,959
project costs, whichever is greater COST; and
(B) On the question of levying a tax the proceeds of which 5,962
shall be used to pay the cost of maintaining the classroom 5,963
facilities included in the project, except that in any year the
district's THREE-YEAR AVERAGE adjusted valuation per pupil is 5,964
greater than the state-wide median THREE-YEAR AVERAGE adjusted 5,967
valuation per pupil, one-half of the proceeds of the tax shall be 5,968
used for such maintenance and one-half of such proceeds shall be 5,969
used to pay the cost of the purchase of the classroom facilities 5,970
from PAID TO the state under the provisions of sections 3318.01 5,972
to 3318.20 of the Revised Code. Such tax shall be at the rate of 5,973
one-half mill for each dollar of valuation until the purchase 5,974
price THE STATE is paid AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 5,975
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 5,978
twenty-three years. Proceeds of the tax to be used for
maintenance of the classroom facilities shall be deposited into a 5,979
separate fund established by the school district for such 5,980
purpose.
Sec. 3318.06. After receipt of the conditional approval of 5,989
the Ohio school facilities commission, the school district board 5,991
by a majority of all of its members shall, if it desires to 5,992
proceed with the project, declare all of the following by 5,993
resolution:
(A) That with a net bonded indebtedness of within five 5,995
133
thousand dollars of the required level of indebtedness or by 5,996
issuing bonds in an amount equal to the required percentage 5,997
SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the 5,999
district is unable to provide adequate classroom facilities 6,001
without assistance from the state;
(B) That to qualify for such state assistance it is 6,003
necessary to levy a tax outside the ten-mill limitation the 6,004
proceeds of which shall be used to pay the cost of maintaining 6,006
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 6,007
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 6,009
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 6,011
the tax shall be used for such maintenance and one-half of such 6,012
proceeds shall be used to pay the cost of the purchase of the 6,014
classroom facilities from PAID TO the state; 6,015
(C) That the question of such tax levy shall be submitted 6,017
to the electors of the school district at the next general or 6,018
primary election, if there be a general or primary election not 6,019
less than seventy-five and not more than ninety-five days after 6,020
the day of the adoption of such resolution or, if not, at a 6,021
special election to be held at a time specified in the resolution 6,022
which shall be not less than seventy-five days after the day of 6,023
the adoption of the resolution and which shall be in accordance 6,024
with the requirements of section 3501.01 of the Revised Code. 6,025
Such resolution shall also state that the question of 6,028
issuing bonds of the board shall be combined in a single proposal 6,029
with the question of such tax levy. More than one election under 6,030
this section may be held in any one calendar year. Such 6,031
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 6,033
at the rate of one-half mill for each one dollar of valuation, 6,034
and that such tax shall be levied until the purchase price is 6,036
paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 6,038
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 6,040
134
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 6,042
cost of maintaining the classroom facilities included in the 6,043
project, except in any year the district's THREE-YEAR AVERAGE 6,044
adjusted valuation per pupil is greater than the statewide median 6,046
THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the 6,047
proceeds of the tax shall be used for such maintenance and 6,048
one-half of the proceeds of the tax shall be used to pay the cost 6,049
of the purchase of the classroom facilities from PAID TO the 6,050
state under sections 3318.01 to 3318.20 of the Revised Code. 6,051
A copy of such resolution shall after its passage and not 6,053
less than seventy-five days prior to the date set therein for the 6,054
election be certified to the county board of elections. 6,055
The resolution of the school district board, in addition to 6,059
meeting other applicable requirements of section 133.18 of the 6,060
Revised Code, shall state that the amount of bonds to be issued 6,061
will be either whatever amount may be necessary to raise the net 6,062
bonded indebtedness of the school district to within five 6,063
thousand dollars of the required level of indebtedness calculated 6,064
for the year preceding the year in which such resolution is 6,065
adopted or an amount equal to the required percentage SCHOOL 6,067
DISTRICT'S PORTION of the basic project costs COST, whichever is 6,068
greater and state that the maximum maturity of the bonds which, 6,069
notwithstanding section 133.20 of the Revised Code, may be any 6,070
number of years not exceeding twenty-three as determined by the 6,071
board. In estimating the amount of bonds to be issued, the board 6,072
shall take into consideration the amount of moneys then in the 6,073
bond retirement fund and the amount of moneys to be collected for 6,074
and disbursed from the bond retirement fund during the remainder 6,075
of the year in which the resolution of necessity is adopted. 6,076
Notice of the election shall include the fact that the tax 6,078
levy shall be at the rate of one-half mill for each one dollar of 6,079
valuation, that the levy shall be made until the purchase price 6,081
is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 6,082
135
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 6,085
twenty-three years, and that the proceeds of the tax shall be 6,086
used to pay the cost of maintaining the classroom facilities 6,087
included in the project, except in any year the district's 6,088
THREE-YEAR AVERAGE adjusted valuation per pupil is greater than 6,089
the statewide median THREE-YEAR AVERAGE adjusted valuation per 6,090
pupil, one-half of the proceeds of the tax shall be used for such 6,092
maintenance and one-half of the proceeds of the tax shall be used 6,093
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 6,095
Revised Code.
The form of the ballot to be used at such election shall 6,097
be: 6,098
"A majority affirmative vote is necessary for passage. 6,100
Shall bonds be issued by the Board of Education of the 6,102
............ (here insert name of school district) for the 6,103
purpose of ............ (here insert purpose of bond issue) in 6,104
either an amount sufficient to raise the net indebtedness of the 6,105
school district to within five thousand dollars of ............ 6,106
(here insert five, six, or seven per cent depending on the 6,107
district's required level of indebtedness) of the total value of 6,108
all property in the school district as listed and assessed for 6,109
taxation on the tax duplicate for the year ............ (here 6,110
insert the year preceding the year in which the resolution 6,111
declaring the necessity of the election was adopted) or an amount 6,113
equal to ............ (here insert the required percentage of the 6,114
basic project costs), whichever is greater, and a levy of taxes 6,115
be made outside of the ten-mill limitation for a maximum period 6,116
of ............ (here insert longest maturity) years to pay the 6,117
principal and interest of such bonds, the amount of such bonds 6,118
being estimated to be ............ (here insert estimated amount 6,119
of bond issue) for which the levy of taxes is estimated by the 6,120
county auditor to average ............ (here insert number of 6,121
mills) mills for each one dollar of valuation, which amounts to 6,122
136
............ (here insert rate expressed in dollars and cents) 6,123
for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY 6,125
THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO 6,126
CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT 6,128
OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE), 6,129
TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE 6,130
INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 6,131
THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY 6,132
TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE 6,133
COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND 6,134
ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED) 6,135
MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO 6,136
............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH 6,137
AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF 6,138
TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO 6,139
PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE 6,140
BONDS?"
and 6,141
"Shall an additional levy of taxes be made for the A PERIOD 6,143
NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............ 6,144
(HERE INSERT name of school district) SCHOOL DISTRICT, the 6,145
proceeds of which shall be used to pay the cost of maintaining 6,148
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 6,149
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 6,151
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 6,153
the tax shall be used for such maintenance and one-half of such 6,154
proceeds shall be used to pay the cost of the purchase of 6,155
classroom facilities from PAID TO the state, at the rate of 6,157
one-half mill for each one dollar of valuation until the purchase 6,158
price is paid but in no case longer than twenty-three years? 6,159
137
_______________________________________________ 6,161
FOR THE BOND ISSUE AND TAX LEVY 6,162
_______________________________________________ 6,163
AGAINST THE BOND ISSUE AND TAX LEVY 6,164
_______________________________________________ " 6,165
(D) If it is necessary for the school district to acquire 6,168
a site for the classroom facilities to be acquired pursuant to 6,169
sections 3318.01 to 3318.20 of the Revised Code, the district 6,170
board may propose either to issue bonds of the board or to levy a 6,171
tax to pay for the acquisition of such site, and may combine the 6,172
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 6,173
purpose of acquiring a site are a general obligation of the 6,174
school district and are Chapter 133. securities. 6,175
The form of that portion of the ballot to include the 6,177
question of either issuing bonds or levying a tax for site 6,178
acquisition purposes shall be one of the following: 6,179
(1) "Shall bonds be issued by the board of education of 6,181
the ............ (HERE INSERT name of the school district) for 6,182
the purpose of .......... (purpose of the bond issue, which shall 6,184
be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a 6,185
site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM 6,186
FACILITIES ASSISTANCE PROGRAM in the principal amount of 6,188
.......... (HERE INSERT principal amount of the bond issue), to 6,189
be repaid annually over a maximum period of .......... (HERE 6,190
INSERT maximum number of years over which the principal of the 6,191
bonds may be paid) years, and an annual levy of property taxes be 6,192
made outside the ten-mill limitation, estimated by the county 6,193
auditor to average over the repayment period of the bond issue 6,194
.......... (HERE INSERT number of mills) mills for each one
dollar of tax valuation, which amount to .......... (HERE INSERT 6,195
rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX 6,196
CENTS" OR "$0.36") for each one hundred dollars of valuation TO 6,198
PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES
138
ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?" 6,199
(2) "Shall an additional levy of taxes OUTSIDE THE 6,201
TEN-MILL LIMITATION be made for the benefit of the .......... 6,202
(HERE INSERT name of the school district) .......... SCHOOL 6,203
DISTRICT for the purpose ......... (purpose of the levy, which 6,204
shall be for the purpose of acquiring a site for classroom 6,205
facilities) in the sum of ......... (HERE INSERT annual amount 6,206
the levy is to produce) and a levy of taxes to be made outside of 6,207
the ten-mill limitation estimated by the county auditor to 6,208
average ........ (HERE INSERT number of mills) mills for each one 6,209
hundred dollars of valuation, for a period of ......... (HERE 6,211
INSERT number of years the millage is to be imposed) years?" 6,212
Where it is necessary to combine the question of issuing 6,214
bonds of the school district and levying a tax as described in 6,215
division (C) of this section with the question of issuing bonds 6,216
of the school district for acquisition of a site, the question 6,217
specified in division (C) of this section to be voted on shall be 6,218
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 6,219
Where it is necessary to combine the question of issuing 6,221
bonds of the school district and levying a tax as described in 6,222
division (C) of this section with the question of levying a tax 6,223
for the acquisition of a site, the question specified in division 6,224
(C) of this section to be voted on shall be "For the Bond Issue 6,225
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 6,226
If a majority of those voting upon a proposition hereunder 6,228
which includes the question of issuing bonds vote in favor 6,229
thereof, and if the agreement provided for by section 3318.08 of 6,230
the Revised Code has been entered into, the school district board 6,231
may proceed under Chapter 133. of the Revised Code, with the 6,232
issuance of bonds or bond anticipation notes in accordance with 6,233
the terms of the agreement. 6,234
Sec. 3318.08. If the requisite favorable vote on the 6,243
139
election is obtained, the Ohio school facilities commission, upon 6,245
certification of the results of the election to it, shall enter 6,246
into a written agreement with the school district board for the 6,247
construction and sale of the project, which agreement shall 6,248
include, but need not be limited to, the following provisions: 6,249
(A) The sale and issuance of bonds or notes in 6,251
anticipation thereof, as soon as practicable after the execution 6,252
of the agreement, in either an amount which will raise the net 6,254
bonded indebtedness of the school district, as of the date of the 6,255
resolution authorizing the issuance of such bonds or notes, to 6,257
within five thousand dollars of the required level of 6,258
indebtedness calculated for the year preceding the year in which 6,259
the resolution declaring the necessity of the election was 6,261
adopted or an amount equal to the required percentage SCHOOL 6,263
DISTRICT'S PORTION of the basic project costs, whichever is 6,264
greater COST; provided, that if at that time the county treasurer 6,265
of each county in which the school district is located has not 6,267
commenced the collection of taxes on the general duplicate of 6,268
real and public utility property for such THE year IN WHICH THE 6,269
CONTROLLING BOARD APPROVED THE PROJECT, the school district board 6,270
shall authorize the issuance of a first installment of bond 6,271
anticipation notes in an amount specified by the agreement, which 6,272
amount shall not exceed an amount necessary to raise the net 6,273
bonded indebtedness of the school district as to OF the date of 6,274
such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to 6,276
within five thousand dollars of the required level of 6,278
indebtedness for the preceding year. In the event that a first 6,279
installment of bond anticipation notes is issued, the school 6,280
district board shall, as soon as practicable after the county 6,281
treasurer of each county in which the school district is located 6,282
has commenced the collection of taxes on the general duplicate of 6,283
real and public utility property for the year in which the 6,284
resolution declaring the necessity of the election was adopted 6,285
CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of 6,286
140
a second and final installment of bond anticipation notes or a 6,287
first and final issue of bonds. The 6,288
THE combined value of the first and second installment of 6,291
bond anticipation notes or the value of the first and final issue 6,292
of bonds shall be equal to either an amount which will raise the 6,293
net indebtedness of the school district as of the date of such 6,294
authorizing resolution to within five thousand dollars of the 6,296
required level of indebtedness, or an amount equal to the 6,298
required percentage SCHOOL DISTRICT'S PORTION of the BASIC 6,299
project costs, whichever is greater COST. The proceeds of any 6,300
such bonds shall be used first to retire any bond anticipation 6,302
notes. Otherwise, the proceeds of such bonds and of any bond 6,303
anticipation notes, except the premium and accrued interest 6,304
thereon, shall be deposited in the school district's project 6,305
construction fund. In determining the amount of net BONDED 6,306
indebtedness for the purpose of fixing the amount of an issue of 6,307
either bonds or bond anticipation notes, gross indebtedness shall 6,308
be reduced by moneys in the bond retirement fund only to the 6,309
extent of the moneys therein on the first day of the year 6,310
preceding the year in which the resolution authorizing such bonds 6,311
or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT. 6,312
Should there be a decrease in the tax valuation of the school 6,314
district so that the amount of indebtedness which THAT can be 6,316
incurred on the tax duplicates for the year in which the
resolution declaring the necessity of the election was adopted 6,317
CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of 6,319
the first installment of bond anticipation notes, there shall be 6,320
paid from the school district's project construction fund to the 6,321
school district's bond retirement fund to be applied against such 6,323
notes an amount sufficient to cause the net BONDED indebtedness 6,324
of the school district, as of the first day of the year following 6,325
the year in which the resolution declaring the necessity of the 6,326
election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to 6,328
be within five thousand dollars of the required level of
141
indebtedness for the year in which that resolution was adopted 6,329
THE CONTROLLING BOARD APPROVED THE PROJECT. The maximum amount 6,332
of indebtedness to be incurred by any school district board as 6,333
its share of the cost of the project is either an amount which 6,334
THAT will cause its net BONDED indebtedness, as of the first day 6,336
of the year following the year in which the resolution declaring 6,337
the necessity of the bond issue was adopted CONTROLLING BOARD
APPROVED THE PROJECT, to be within five thousand dollars of the 6,339
required level of indebtedness calculated for the year preceding 6,340
the year in which that resolution was adopted, or an amount equal 6,343
to the required percentage of the basic project costs, whichever 6,344
is greater. All bonds and bond anticipation notes shall be 6,345
issued in accordance with Chapter 133. of the Revised Code, and 6,346
notes may be renewed as provided in section 133.22 of the Revised 6,347
Code.
(B) The transfer of such funds of the school district 6,349
board available for the project, together with the proceeds of 6,350
the sale of the bonds or notes, except premium, accrued interest, 6,351
and interest included in the amount of the issue, to the school 6,352
district's project construction fund; 6,353
(C) The levy of the tax authorized at the election for the 6,355
payment of maintenance costs or the cost of purchasing the 6,357
classroom facilities PAYMENTS TO THE STATE, AS SPECIFIED IN
DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE; 6,359
(D) Ownership of OR INTEREST IN the project during the 6,361
period of construction, which shall be divided between the 6,362
commission and the school district board in proportion to their 6,364
respective contributions to the school district's project 6,365
construction fund; 6,366
(E) The transfer MAINTENANCE of the state's interest in 6,368
the project to the school district upon completion of the project 6,370
UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION 6,371
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING; 6,372
(F) The insurance of the project by the school district 6,374
142
from the time there is an insurable interest therein and so long 6,375
as any part of the purchase price remains unpaid THE STATE 6,376
RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO 6,377
DIVISION (D) OF THIS SECTION, in such amounts and against such 6,380
risks as the commission shall require; provided, that the cost of 6,382
any required insurance until the project is completed shall be a 6,383
part of the basic project cost;
(G) The certification by the director of budget and 6,385
management that funds are available and have been set aside to 6,386
meet the state's share of the basic project cost as approved by 6,388
the controlling board pursuant to section 3318.04 of the Revised 6,389
Code;
(H) Authorization of the school district board to 6,391
advertise for and receive construction bids for the project, for 6,392
and on behalf of the commission, and to award contracts in the 6,394
name of the state subject to approval by the commission; 6,395
(I) Provisions for the disbursement of moneys from the 6,397
school district's project account upon issuance by the commission 6,399
or the commission's designated representative of vouchers for 6,400
work done to be certified to the commission by the treasurer of 6,403
the school district board; 6,404
(J) Disposal of any balance left in the school district's 6,406
project construction fund upon completion of the project; 6,408
(K) Prohibition against alienation of any interest in the 6,410
project by the school district board or its successor in interest 6,411
without the consent of the commission so long as any part of the 6,413
purchase price of the project remains unpaid, but in no case 6,414
longer than twenty-three years; 6,415
(L) Limitations upon use of the project or any part of it 6,417
so long as any part of the purchase price of the project remains 6,418
unpaid, but in no case longer than twenty-three years OBLIGATIONS 6,419
ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE 6,420
REVISED CODE ARE OUTSTANDING; 6,421
(M)(L) Provision for vesting absolute THE STATE'S interest 6,424
143
in the project in TO the school district board when the purchase 6,425
price has been paid or at the expiration of the period of 6,427
twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT 6,428
UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING; 6,429
(N)(M) Provision for deposit of an executed copy of the 6,431
agreement in the office of the commission and the office of the 6,433
county recorder of the county or counties in which the project is 6,434
situated; 6,435
(O)(N) Provision for termination of the contract and 6,437
release of the funds encumbered at the time of the conditional 6,438
approval, if the proceeds of the sale of the bonds of the school 6,439
district board are not paid into the school district's project 6,440
construction fund and if bids for the construction of the project 6,442
have not been taken within such period after the execution of the 6,443
agreement as may be fixed by the commission; 6,444
(P)(O) Provision for the school district to maintain the 6,446
project in accordance with a plan approved by the commission; 6,448
(Q)(P) Provision that all state funds reserved and 6,451
encumbered to pay the state share of the cost of the project 6,452
pursuant to section 3318.03 of the Revised Code be spent on the 6,453
construction or acquisition of the project prior to the 6,454
expenditure of any funds provided by the school district to pay 6,455
for its share of the project cost, unless the school district 6,456
certifies to the commission that expenditure by the school 6,457
district is necessary to maintain the tax-exempt status of notes 6,458
or bonds issued by the school district to pay for its share of 6,459
the project cost in which case, the school district may commit to 6,460
spend, or spend, a portion of the funds it provides; 6,461
(Q) A PROVISION STIPULATING THAT THE COMMISSION MAY 6,463
PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE 6,464
COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR 6,465
CONSTRUCTION PURPOSES. THE COMMISSION MAY PERFORM SOIL TESTS IN 6,466
ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR
CONSTRUCTION PURPOSES. 6,467
144
Sec. 3318.081. If the board of education of a school 6,476
district authorized to impose a tax pursuant to section 3318.06 6,477
of the Revised Code determines that taxable value of property 6,478
subject to the tax has increased to the extent it will not be 6,479
necessary to impose such tax for twenty-three years in order to 6,480
pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF 6,481
THE PROJECT COST SUPPLIED BY THE STATE, it may request the county 6,482
auditor to determine the amount of the purchase price remaining 6,483
to be paid and the estimated rate of taxation required each year 6,484
to repay PAY such remainder in equal installments over the 6,486
maximum number of remaining years the tax may be in effect. The 6,487
auditor shall make such determination upon request and certify 6,488
the results thereof to the board of education. 6,489
Upon receipt of the auditor's determination, the board of 6,491
education may request the Ohio school facilities commission to 6,493
enter into a supplemental agreement under which the district may 6,494
repay PAY the remainder of the purchase price AMOUNT in annual 6,496
amounts equal to the quotient obtained by dividing the amount 6,498
remaining to be paid by the maximum number of remaining years the 6,499
tax may be in effect. If such an agreement is entered into, the 6,500
commission shall certify a copy thereof to the county auditor and 6,502
the tax authorized by section 3318.06 of the Revised Code 6,503
thereafter shall be levied at the rate required to make the 6,504
annual payments required by the supplemental agreement rather 6,505
than the rate required by such section. 6,506
Sec. 3318.082. The board of education of any school 6,515
district imposing a tax for the purpose of paying the cost of the 6,516
purchase of classroom facilities from the state pursuant to 6,518
section 3318.06 of the Revised Code prior to the effective date 6,519
of the amendments to that section by Amended Substitute House 6,521
Bill No. 748 of the 121st General Assembly, may enter into a 6,522
supplemental agreement with the Ohio school facilities commission 6,523
under which the proceeds of such tax shall be distributed in 6,525
accordance with the requirements of section 3318.06 of the
145
Revised Code, as amended by Amended Substitute House Bill No. 748 6,528
of the 121st general assembly. 6,529
Sec. 3318.083. IF, AFTER THE OHIO SCHOOL FACILITIES 6,531
COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT 6,532
UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF 6,533
A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN 6,534
INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS 6,535
ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION 6,536
FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED 6,538
COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 6,539
DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.13. Notwithstanding any provision of sections 6,548
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 6,549
all taxable property within a school district for the purpose of 6,550
paying the cost of maintaining the classroom facilities included 6,551
in the project or for paying the purchase price of the project to 6,552
the state under the agreement provided in section 3318.08 of the 6,553
Revised Code or the supplemental agreement provided in section 6,554
3318.081 of the Revised Code shall be included in the budget of 6,555
the school district for each year upon the certification to the 6,556
county budget commission or commissions of the county or counties 6,557
in which said school district is located, by the Ohio school 6,558
facilities commission of the balance due the state under said 6,560
agreement or supplemental agreement. Such certification shall be 6,561
made on or before the fifteenth day of July in each year. 6,562
Thereafter, the respective county budget commissions shall treat 6,563
such certification as an additional item on the tax budget for 6,564
the school district as to which such certification has been made 6,565
and shall provide for the levy therefor in the manner provided in 6,566
sections 5705.27 to 5705.50 of the Revised Code for tax levies 6,567
included directly in the budgets of the subdivisions. 6,568
The levy of taxes shall be included in the next annual tax 6,570
budget that is certified to the county budget commission after 6,571
the execution of the agreement for the project. 6,572
146
Sec. 3318.14. Notwithstanding the provision of section 6,581
321.31 of the Revised Code, immediately after each settlement 6,582
with the county auditor, on presentation of the warrant of the 6,583
county auditor therefor, the county treasurer shall pay to the 6,584
school district the proceeds of the tax levy provided in section 6,585
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 6,587
pay to the Ohio school facilities commission any proceeds of the 6,589
tax levy provided in section 3318.13 of the Revised Code to be 6,590
applied to the unpaid purchase price of the project PAID TO THE 6,591
STATE.
Sec. 3318.15. There is hereby created the public school 6,600
building fund within the state treasury consisting of all moneys 6,601
received from the sale of classroom facilities pursuant to 6,602
sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO 6,603
DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys 6,604
transferred or appropriated to the fund by the general assembly, 6,605
and any grants, gifts, or contributions received by the Ohio 6,606
school facilities commission to be used for the purposes of the 6,607
fund. All investment earnings of the fund shall be credited to 6,608
the fund.
Moneys transferred or appropriated to the fund by the 6,610
general assembly and moneys in the fund from grants, gifts, and 6,611
contributions shall be used to acquire classroom facilities for 6,612
sale to school districts pursuant to THE PURPOSES OF sections 6,615
3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from the sale of classroom facilities PAYMENTS TO THE 6,617
STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED 6,618
CODE shall be held in a separate account in the fund. Such 6,619
moneys may be used partially to acquire additional classroom 6,620
facilities for sale to school districts pursuant to THE PURPOSES 6,621
OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially 6,623
to pay bond service charges as defined in division (C) of section 6,624
3318.21 of the Revised Code on obligations, the proceeds of which 6,625
147
are deposited into the school districts facilities fund created 6,626
in section 3318.23 of the Revised Code. 6,627
Sec. 3318.16. Title to interests THE OHIO SCHOOL 6,636
FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property 6,637
purchased with moneys in the school district's project 6,639
construction fund shall be taken in the name of the state of 6,640
Ohio. Upon completion of the project, the title to such interest 6,641
in real property shall be conveyed to the school district board 6,642
and the Ohio school facilities commission shall execute and
deliver deeds to complete the transfer of such interests. 6,643
Upon completion of the project, the interest of the state 6,645
in the project shall be transferred to the school district board, 6,647
which interest is equal to that portion of the final cost of the 6,648
project represented by funds contributed by the state for the 6,649
project. The purchase price to be paid by the school district 6,650
board for the state's interest in the project shall be the total
amount of funds contributed by the state for the project. 6,651
ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION 6,653
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY 6,654
INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE 6,655
SCHOOL DISTRICT.
Sec. 3318.17. A (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 6,665
THIS SECTION, WHEN A school district board may purchase RECEIVES 6,666
classroom facilities ASSISTANCE from the state from time to time 6,667
under the procedure set forth in sections 3318.01 to 3318.12 of 6,669
the Revised Code. The, THE levy of taxes required by section 6,670
SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the 6,672
rate of one-half mill for each one dollar of valuation and shall 6,673
be for a maximum period of twenty-three years after the last 6,675
purchase, except that in those years in which a supplemental 6,677
agreement authorized by section 3318.081 of the Revised Code is 6,678
in effect, the rate shall be as prescribed for such section for 6,679
the period during which such agreement is in effect. Where a 6,680
school district has purchased classroom facilities from the state 6,681
148
on which any portion of the purchase price remains unpaid and it 6,682
desires to purchase additional classroom facilities, the notice 6,683
of election and form of ballot set forth in section 3318.06 of 6,684
the Revised Code shall provide that the levy is an extension of 6,685
an existing levy for a maximum period of twenty-three years. 6,686
Where there has been more than one purchase of classroom 6,687
facilities from the state, any proceeds of the tax to be used to 6,688
pay the purchase price of such facilities shall be applied to the 6,689
unpaid purchase price of the projects in the order in which they 6,690
were purchased.
(B) WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS 6,692
3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE 6,694
OF THIS AMENDMENT, THE LEVY SHALL:
(1) BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR 6,696
OF VALUATION;
(2) CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS 6,698
REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY 6,699
SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR 6,700
TWENTY-THREE YEARS;
(3) NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER 6,702
LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED 6,703
CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 6,704
THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY 6,706
SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY 6,707
UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED 6,708
CLASSROOM FACILITIES PROJECT.
Sec. 3318.18. The unpaid purchase price of a project MONEY 6,717
TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION 6,718
3318.05 OF THE REVISED CODE shall constitute an indebtedness of 6,720
the school district but shall not be included in the calculation 6,721
of indebtedness under sections 133.04 and 133.06 of the Revised 6,722
Code. In the event all or a portion of the territory comprising 6,723
a school district, which THAT has outstanding an indebtedness to 6,725
the state representing the unpaid purchase price of TAX LEVY 6,727
149
MONEY RESULTING FROM a project or projects, is transferred to 6,728
another school district, or, if a new school district is created 6,729
to include all or a portion of such school district, the 6,730
outstanding indebtedness for MONEY OWED AS A RESULT OF each 6,731
project shall be apportioned between the acquiring school 6,733
district and the original school district in the ratio, as of the 6,734
effective date of the transfer, which the assessed valuation of 6,735
the territory transferred to the acquiring school district bears 6,736
to the assessed valuation of the original school district. 6,737
The amount of the indebtedness so assumed, OR PARTIALLY 6,739
ASSUMED, by the new school district or acquiring school district 6,741
shall be equal to one-half mill multiplied by the total value of 6,742
all property as listed and assessed for taxation in the original 6,743
school district or territory transferred for each of the years 6,744
YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS 6,745
SPECIFIED in the PORTION OF THE agreement for payment of purchase 6,746
price between the original school district and the state board of 6,748
education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE 6,749
REVISED CODE. On or before the first day of July of each year, 6,750
the department of taxation shall certify to the Ohio school 6,751
facilities commission the amount of the tax duplicate of the 6,753
original school district or territory transferred for the 6,754
calendar year ending on the thirty-first day of December 6,755
immediately preceding. This tax duplicate shall be used in the 6,756
calculation of the indebtedness so assumed.
The acquiring school district shall levy a tax outside the 6,758
ten-mill limitation upon all property in the acquiring school 6,759
district to pay the indebtedness so assumed until the 6,760
indebtedness so assumed has been discharged but not longer than 6,761
twenty-three years after the original incurrence of the 6,762
indebtedness, provided, that the levy in the acquiring school 6,763
district in any year shall not exceed the levy in the original 6,764
school district to pay the purchase price of projects acquired 6,765
from MAKE PAYMENTS TO the state. The proceeds of the aforesaid 6,766
150
tax levy in the acquiring school district shall be applied to the 6,768
discharge of indebtedness first incurred in point of time whether 6,769
or not it be an indebtedness assumed from another school 6,770
district.
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of 6,779
the Revised Code: 6,780
(A) "Allowable costs" means all or part of the costs of a 6,782
permanent improvement that may be financed with, and paid from 6,783
the proceeds of, securities issued pursuant to section 133.15 of 6,784
the Revised Code. 6,785
(B) "Bond proceedings" means the resolution, order, trust 6,787
agreement, indenture, loan agreement, lease agreement, and other 6,788
agreements, amendments and supplements to the foregoing, or any 6,789
one or more or combination thereof, authorizing or providing for 6,790
the terms and conditions applicable to, or providing for the 6,791
security or liquidity of, obligations issued pursuant to section 6,792
3318.26 of the Revised Code, and the provisions contained in the 6,793
obligations. 6,794
(C) "Bond service charges" means principal, including 6,796
mandatory sinking fund requirements for retirement of 6,797
obligations, and interest, and redemption premium, if any, 6,798
required to be paid by the state on obligations, and, if provided 6,799
in the applicable bond proceedings, may include any corresponding 6,800
lease or sublease payments to be made with respect thereto to the 6,801
issuing authority by the state or any agency of state government. 6,802
(D) "Bond service fund" means the applicable fund and 6,804
accounts therein created for and pledged to the payment of bond 6,805
service charges, which may be, or may be part of, either the 6,806
school building program bond service fund created by division (R) 6,807
of section 3318.26 of the Revised Code or the school facilities 6,808
bond service fund created by division (S) of section 3318.26 of 6,809
the Revised Code, including all moneys and investments, and 6,810
earnings from investments, credited and to be credited thereto. 6,811
(E) "Issuing authority" means the treasurer of state, or 6,813
151
the officer who by law performs the functions of such officer. 6,814
(F) "Obligations" means bonds, notes, or other evidence of 6,816
obligation including interest coupons pertaining thereto, issued 6,817
pursuant to section 3318.26 of the Revised Code. 6,818
(G) "Permanent improvement" or "improvement" means a 6,820
permanent improvement or improvement as defined under division 6,821
(CC) of section 133.01 of the Revised Code to be used for housing 6,822
agencies of state government, including classroom facilities as 6,823
defined in division (B) of section 3318.01 of the Revised Code. 6,824
(H) "Pledged receipts," in the case of obligations issued 6,826
to provide moneys for the school building program assistance fund 6,827
created in section 3318.25 of the Revised Code, means any or all 6,828
of the following: 6,829
(1) Moneys in the lottery profits education fund created 6,831
in section 3770.06 of the Revised Code appropriated by the 6,832
general assembly and pledged for the purpose of paying bond 6,833
service charges on one or more issuances of such obligations; 6,834
(2) Accrued interest received from the sale of 6,836
obligations; 6,837
(3) Income from the investment of the special funds; 6,839
(4) Any gifts, grants, donations, and pledges, and 6,841
receipts therefrom, available for the payment of bond service 6,842
charges. 6,843
(I) "Pledged receipts," in the case of obligations issued 6,845
to provide moneys for the school districts facilities fund 6,846
created in section 3318.23 of the Revised Code, means any or all 6,847
of the following: 6,848
(1) Moneys from the sale of classroom facilities accruing 6,850
in the public school building fund created in section 3318.15 of 6,851
the Revised Code, which moneys are pledged for the purpose of 6,852
paying bond service charges on one or more issuances of such 6,853
obligations. 6,854
(2) Moneys accruing to the state from the repayment, 6,856
including interest, of loans from the school districts facilities 6,857
152
fund made pursuant to section 3318.24 of the Revised Code; 6,858
(3) Accrued interest received from the sale of 6,860
obligations; 6,861
(4) Income from the investment of the special funds; 6,863
(5) Any gifts, grants, donations, and pledges, and 6,865
receipts therefrom, available for the payment of bond service 6,866
charges. 6,867
(J) "School district" means a school district as defined 6,869
under division (D) of section 3318.01 of the Revised Code, acting 6,870
as an agency of state government, performing essential 6,871
governmental functions of state government pursuant to sections 6,872
3318.21 to 3318.29 of the Revised Code.
(K)(J) "Securities" means securities as defined under 6,874
division (KK) in section 133.01 of the Revised Code. 6,875
(L)(K) "Special funds" or "funds" means, except where the 6,877
context does not permit, the bond service fund, and any other 6,878
funds, including reserve funds, created under the bond 6,879
proceedings, and either the school building program bond service 6,880
fund created by division (R) of section 3318.26 of the Revised 6,881
Code or the school facilities bond service fund created by 6,882
division (S) of section 3318.26 of the Revised Code to the extent 6,883
provided in the bond proceedings, including all moneys and 6,884
investments, and earnings from investment, credited and to be 6,885
credited thereto. 6,886
Sec. 3318.25. There is hereby created in the state 6,895
treasury the school building program assistance fund. The fund 6,896
shall consist of the proceeds of obligations issued for the 6,897
purposes of such fund pursuant to section 3318.26 of the Revised 6,898
Code that are payable from moneys in the lottery profits 6,899
education fund created in section 3770.06 of the Revised Code. 6,900
All investment earnings of the fund shall be credited to the 6,901
fund. Moneys in the fund shall be used as directed by the Ohio 6,902
school facilities commission for the cost to the state of 6,904
acquiring CONSTRUCTING classroom facilities for sale to school 6,905
153
districts pursuant to UNDER sections 3318.01 to 3318.20 of the 6,906
Revised Code. 6,908
Sec. 3318.26. (A) Subject to the limitations provided in 6,917
section 3318.29 of the Revised Code, the issuing authority, upon 6,918
the certification by the Ohio school facilities commission to the 6,920
issuing authority of the amount of moneys or additional moneys 6,921
needed in the school districts facilities fund for the purpose of 6,922
making loans for allowable costs from such fund or in the school 6,923
building program assistance fund for the purposes of sections 6,924
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 6,925
interest, for funding reserves, and for paying costs and expenses 6,926
incurred in connection with the issuance, carrying, securing, 6,927
paying, redeeming, or retirement of the obligations or any 6,928
obligations refunded thereby, including payment of costs and 6,929
expenses relating to letters of credit, lines of credit, 6,930
insurance, put agreements, standby purchase agreements, indexing, 6,931
marketing, remarketing and administrative arrangements, interest 6,932
swap or hedging agreements, and any other credit enhancement, 6,933
liquidity, remarketing, renewal, or refunding arrangements, all 6,934
of which are authorized by this section, shall issue obligations 6,935
of the state under this section in the required amount. The 6,936
proceeds of such obligations, except for obligations issued to 6,938
provide moneys for the school building program assistance fund or 6,939
except for such portion to be deposited in special funds, 6,940
including reserve funds, as may be provided in the bond 6,941
proceedings, shall as provided in the bond proceedings be 6,942
deposited by the treasurer of state to the school districts 6,943
facilities fund. The issuing authority may appoint trustees, 6,944
paying agents, and transfer agents and may retain the services of 6,945
financial advisors and accounting experts and retain or contract 6,946
for the services of marketing, remarketing, indexing, and 6,947
administrative agents, other consultants, and independent 6,948
contractors, including printing services, as are necessary in the 6,949
issuing authority's judgment to carry out this section. The 6,950
154
costs of such services are payable from the school districts 6,951
facilities fund, the school building program assistance fund, or 6,952
any special fund determined by the issuing authority. 6,953
(B) The holders or owners of such obligations shall have 6,955
no right to have moneys raised by taxation obligated or pledged, 6,956
and moneys raised by taxation shall not be obligated or pledged, 6,957
for the payment of bond service charges. Such holders or owners 6,958
shall have no rights to payment of bond service charges from any 6,959
money or property received by the commission, treasurer of state, 6,962
or the state, or from any other use of the proceeds of the sale 6,963
of the obligations, and no such moneys may be used for the 6,964
payment of bond service charges, except for accrued interest, 6,965
capitalized interest, and reserves funded from proceeds received 6,966
upon the sale of the obligations and except as otherwise 6,967
expressly provided in the applicable bond proceedings pursuant to 6,968
written directions by the treasurer of state. The right of such 6,969
holders and owners to payment of bond service charges shall be 6,970
limited to all or that portion of the pledged receipts and those 6,971
special funds pledged thereto pursuant to the bond proceedings in 6,972
accordance with this section, and each such obligation shall bear 6,973
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 6,975
of the issuing authority and the bond proceedings shall provide 6,976
for the purpose thereof and the principal amount or amounts, and 6,977
shall provide for or authorize the manner or agency for 6,978
determining the principal maturity or maturities, not exceeding 6,979
the limits specified in section 3318.29 of the Revised Code, the 6,980
interest rate or rates or the maximum interest rate, the date of 6,981
the obligations and the dates of payment of interest thereon, 6,982
their denomination, and the establishment within or without the 6,983
state of a place or places of payment of bond service charges. 6,984
Sections 9.98 to 9.983 of the Revised Code are applicable to 6,985
obligations issued under this section, subject to any applicable 6,986
limitation under section 3318.29 of the Revised Code. The 6,987
155
purpose of such obligations may be stated in the bond proceedings 6,988
in terms describing the general purpose or purposes to be served. 6,989
The bond proceedings shall also provide, subject to the 6,990
provisions of any other applicable bond proceedings, for the 6,991
pledge of all, or such part as the issuing authority may 6,992
determine, of the pledged receipts and the applicable special 6,993
fund or funds to the payment of bond service charges, which 6,994
pledges may be made either prior or subordinate to other 6,995
expenses, claims, or payments, and may be made to secure the 6,996
obligations on a parity with obligations theretofore or 6,997
thereafter issued, if and to the extent provided in the bond 6,998
proceedings. The pledged receipts and special funds so pledged 6,999
and thereafter received by the state are immediately subject to 7,000
the lien of such pledge without any physical delivery thereof or 7,001
further act, and the lien of any such pledges is valid and 7,002
binding against all parties having claims of any kind against the 7,003
state or any governmental agency of the state, irrespective of 7,004
whether such parties have notice thereof, and shall create a 7,005
perfected security interest for all purposes of Chapter 1309. of 7,006
the Revised Code, without the necessity for separation or 7,007
delivery of funds or for the filing or recording of the bond 7,008
proceedings by which such pledge is created or any certificate, 7,009
statement or other document with respect thereto; and the pledge 7,010
of such pledged receipts and special funds is effective and the 7,011
money therefrom and thereof may be applied to the purposes for 7,012
which pledged without necessity for any act of appropriation, 7,013
except as required by section 3770.06 of the Revised Code. Every 7,014
pledge, and every covenant and agreement made with respect 7,015
thereto, made in the bond proceedings may therein be extended to 7,016
the benefit of the owners and holders of obligations authorized 7,017
by this section, and to any trustee therefor, for the further 7,018
security of the payment of the bond service charges. 7,019
(D) The bond proceedings may contain additional provisions 7,021
as to: 7,022
156
(1) The redemption of obligations prior to maturity at the 7,024
option of the issuing authority at such price or prices and under 7,025
such terms and conditions as are provided in the bond 7,026
proceedings; 7,027
(2) Other terms of the obligations; 7,029
(3) Limitations on the issuance of additional obligations; 7,031
(4) The terms of any trust agreement or indenture securing 7,033
the obligations or under which the same may be issued; 7,034
(5) The deposit, investment and application of special 7,036
funds, and the safeguarding of moneys on hand or on deposit, 7,037
without regard to Chapter 131., 133., or 135. of the Revised 7,038
Code, but subject to any special provisions of sections 3318.21 7,039
to 3318.29 of the Revised Code, with respect to particular funds 7,040
or moneys, provided that any bank or trust company that acts as 7,041
depository of any moneys in the special funds may furnish such 7,042
indemnifying bonds or may pledge such securities as required by 7,043
the issuing authority; 7,044
(6) Any or every provision of the bond proceedings being 7,046
binding upon such officer, board, commission, authority, agency, 7,047
department, or other person or body as may from time to time have 7,048
the authority under law to take such actions as may be necessary 7,049
to perform all or any part of the duty required by such 7,050
provision; 7,051
(7) Any provision that may be made in a trust agreement or 7,054
indenture;
(8) The lease or sublease of any interest of the school 7,056
district or the state in one or more projects as defined in 7,057
division (C) of section 3318.01 of the Revised Code, or in one or 7,058
more permanent improvements, to or from the issuing authority, as 7,059
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 7,060
(9) Any other or additional agreements with the holders of 7,062
the obligations, or the trustee therefor, relating to the 7,063
obligations or the security therefor, including in the case of 7,064
157
obligations issued to provide moneys for the school district 7,065
facilities fund the assignment of security obtained or to be 7,066
obtained for loans under section 3318.24 of the Revised Code. 7,067
(E) The obligations may have the great seal of the state 7,069
or a facsimile thereof affixed thereto or printed thereon. The 7,070
obligations and any coupons pertaining to obligations shall be 7,071
signed or bear the facsimile signature of the issuing authority. 7,072
Any obligations or coupons may be executed by the person who, on 7,073
the date of execution, is the proper issuing authority although 7,074
on the date of such bonds or coupons such person was not the 7,075
issuing authority. In case the issuing authority whose signature 7,076
or a facsimile of whose signature appears on any such obligation 7,077
or coupon ceases to be the issuing authority before delivery 7,078
thereof, such signature or facsimile is nevertheless valid and 7,079
sufficient for all purposes as if the issuing authority had 7,080
remained the issuing authority until such delivery; and in case 7,082
the seal to be affixed to obligations has been changed after a 7,083
facsimile of the seal has been imprinted on such obligations, 7,084
such facsimile seal shall continue to be sufficient as to such 7,085
obligations and obligations issued in substitution or exchange 7,086
therefor.
(F) All obligations are negotiable instruments and 7,088
securities under Chapter 1308. of the Revised Code, subject to 7,089
the provisions of the bond proceedings as to registration. The 7,090
obligations may be issued in coupon or in registered form, or 7,091
both, as the issuing authority determines. Provision may be made 7,092
for the registration of any obligations with coupons attached 7,093
thereto as to principal alone or as to both principal and 7,094
interest, their exchange for obligations so registered, and for 7,095
the conversion or reconversion into obligations with coupons 7,096
attached thereto of any obligations registered as to both 7,097
principal and interest, and for reasonable charges for such 7,098
registration, exchange, conversion, and reconversion. 7,099
(G) Obligations may be sold at public sale or at private 7,101
158
sale, as determined in the bond proceedings. 7,102
(H) Pending preparation of definitive obligations, the 7,104
issuing authority may issue interim receipts or certificates 7,105
which shall be exchanged for such definitive obligations. 7,106
(I) In the discretion of the issuing authority, 7,108
obligations may be secured additionally by a trust agreement or 7,109
indenture between the issuing authority and a corporate trustee 7,110
which may be any trust company or bank having its principal place 7,111
of business within the state. Any such agreement or indenture 7,112
may contain the resolution or order authorizing the issuance of 7,113
the obligations, any provisions that may be contained in any bond 7,114
proceedings, and other provisions that are customary or 7,115
appropriate in an agreement or indenture of such type, including, 7,116
but not limited to: 7,117
(1) Maintenance of each pledge, trust agreement, 7,119
indenture, or other instrument comprising part of the bond 7,120
proceedings until the state has fully paid the bond service 7,121
charges on the obligations secured thereby, or provision therefor 7,122
has been made; 7,123
(2) In the event of default in any payments required to be 7,125
made by the bond proceedings, or any other agreement of the 7,126
issuing authority made as a part of the contract under which the 7,127
obligations were issued, enforcement of such payments or 7,128
agreement by mandamus, the appointment of a receiver, suit in 7,129
equity, action at law, or any combination of the foregoing; 7,130
(3) The rights and remedies of the holders of obligations 7,132
and of the trustee, and provisions for protecting and enforcing 7,133
them, including limitations on rights of individual holders of 7,134
obligations; 7,135
(4) The replacement of any obligations that become 7,137
mutilated or are destroyed, lost, or stolen; 7,138
(5) Such other provisions as the trustee and the issuing 7,140
authority agree upon, including limitations, conditions, or 7,141
qualifications relating to any of the foregoing. 7,142
159
(J) Any holder of obligations or a trustee under the bond 7,144
proceedings, except to the extent that the holder's or trustee's 7,146
rights are restricted by the bond proceedings, may by any 7,147
suitable form of legal proceedings, protect and enforce any 7,148
rights under the laws of this state or granted by such bond 7,149
proceedings. Such rights include the right to compel the 7,150
performance of all duties of the issuing authority, the 7,151
commission, or the director of budget and management required by 7,153
sections 3318.21 to 3318.29 of the Revised Code or the bond 7,154
proceedings; to enjoin unlawful activities; and in the event of 7,155
default with respect to the payment of any bond service charges 7,156
on any obligations or in the performance of any covenant or 7,157
agreement on the part of the issuing authority, the commission, 7,158
or the director of budget and management in the bond proceedings, 7,160
to apply to a court having jurisdiction of the cause to appoint a 7,161
receiver to receive and administer the pledged receipts and 7,162
special funds, other than those in the custody of the treasurer 7,163
of state or the commission, which are pledged to the payment of 7,165
the bond service charges on such obligations or which are the 7,166
subject of the covenant or agreement, with full power to pay, and 7,167
to provide for payment of bond service charges on, such 7,168
obligations, and with such powers, subject to the direction of 7,169
the court, as are accorded receivers in general equity cases, 7,170
excluding any power to pledge additional revenues or receipts or 7,171
other income or moneys of the issuing authority or the state or 7,172
governmental agencies of the state to the payment of such 7,173
principal and interest and excluding the power to take possession 7,174
of, mortgage, or cause the sale or otherwise dispose of any 7,175
permanent improvement. 7,176
Each duty of the issuing authority and the issuing 7,178
authority's officers and employees, and of each governmental 7,179
agency and its officers, members, or employees, undertaken 7,180
pursuant to the bond proceedings or any agreement or loan made 7,181
under authority of sections 3318.21 to 3318.29 of the Revised 7,182
160
Code, and in every agreement by or with the issuing authority, is 7,183
hereby established as a duty of the issuing authority, and of 7,184
each such officer, member, or employee having authority to 7,185
perform such duty, specifically enjoined by the law resulting 7,186
from an office, trust, or station within the meaning of section 7,187
2731.01 of the Revised Code. 7,188
The person who is at the time the issuing authority, or the 7,190
issuing authority's officers or employees, are not liable in 7,191
their personal capacities on any obligations issued by the 7,192
issuing authority or any agreements of or with the issuing 7,193
authority. 7,194
(K) The issuing authority may authorize and issue 7,196
obligations for the refunding, including funding and retirement, 7,197
and advance refunding with or without payment or redemption prior 7,198
to maturity, of any obligations previously issued by the issuing 7,199
authority. Such obligations may be issued in amounts sufficient 7,200
for payment of the principal amount of the prior obligations, any 7,201
redemption premiums thereon, principal maturities of any such 7,202
obligations maturing prior to the redemption of the remaining 7,203
obligations on a parity therewith, interest accrued or to accrue 7,204
to the maturity dates or dates of redemption of such obligations, 7,205
and any allowable costs including expenses incurred or to be 7,206
incurred in connection with such issuance and such refunding, 7,207
funding, and retirement. Subject to the bond proceedings 7,208
therefor, the portion of proceeds of the sale of obligations 7,209
issued under this division to be applied to bond service charges 7,210
on the prior obligations shall be credited to an appropriate 7,211
account held by the trustee for such prior or new obligations or 7,212
to the appropriate account in the bond service fund for such 7,213
obligations. Obligations authorized under this division shall be 7,214
deemed to be issued for those purposes for which such prior 7,215
obligations were issued and are subject to the provisions of this 7,216
section pertaining to other obligations, except as otherwise 7,217
provided in this section; provided that, unless otherwise 7,218
161
authorized by the general assembly, any limitations imposed by 7,219
the general assembly pursuant to this section with respect to 7,220
bond service charges applicable to the prior obligations shall be 7,221
applicable to the obligations issued under this division to 7,222
refund, fund, advance refund or retire such prior obligations. 7,223
(L) The authority to issue obligations under this section 7,225
includes authority to refund or refinance any obligations 7,226
previously issued by the state under sections 3318.21 to 3318.29 7,227
of the Revised Code. 7,228
The authority to issue obligations under this section also 7,230
includes authority to issue obligations in the form of bond 7,231
anticipation notes and to renew the same from time to time by the 7,232
issuance of new notes. The holders of such notes or interest 7,233
coupons pertaining thereto shall have a right to be paid solely 7,234
from the pledged receipts and special funds that may be pledged 7,235
to the payment of the bonds anticipated, or from the proceeds of 7,236
such bonds or renewal notes, or both, as the issuing authority 7,237
provides in the resolution or order authorizing such notes. Such 7,238
notes may be additionally secured by covenants of the issuing 7,239
authority to the effect that the issuing authority and the state 7,240
will do such or all things necessary for the issuance of such 7,241
bonds or renewal notes in appropriate amount, and apply the 7,242
proceeds thereof to the extent necessary, to make full payment of 7,243
the principal of and interest on such notes at the time or times 7,244
contemplated, as provided in such resolution or order. For such 7,245
purpose, the issuing authority may issue bonds or renewal notes 7,246
in such principal amount and upon such terms as may be necessary 7,247
to provide funds to pay when required the principal of and 7,248
interest on such notes, notwithstanding any limitations 7,249
prescribed by or for purposes of this section. Subject to this 7,250
division, all provisions for and references to obligations in 7,251
this section are applicable to notes authorized under this 7,252
division. 7,253
The issuing authority in the bond proceedings authorizing 7,255
162
the issuance of bond anticipation notes shall set forth for such 7,256
bonds an estimated interest rate and a schedule of principal 7,257
payments for such bonds and the annual maturity dates thereof, 7,258
and for purposes of any limitation on bond service charges 7,259
prescribed under section 3318.29 of the Revised Code, the amount 7,260
of bond service charges on such bond anticipation notes shall be 7,261
deemed to be the bond service charges for the bonds anticipated 7,262
thereby as set forth in the bond proceedings applicable to such 7,263
notes, but this provision does not modify any authority in this 7,264
section to pledge pledged receipts and special funds to, and 7,265
covenant to issue bonds to fund, the payment of principal of and 7,266
interest and any premium on such notes. 7,267
(M) Obligations issued under this section are lawful 7,269
investments for banks, societies for savings, savings and loan 7,270
associations, deposit guarantee associations, trust companies, 7,271
trustees, fiduciaries, insurance companies, including domestic 7,272
for life and domestic not for life, trustees or other officers 7,273
having charge of sinking and bond retirement or other special 7,274
funds of political subdivisions and taxing districts of this 7,275
state, the commissioners of the sinking fund of the state, the 7,276
administrator of workers' compensation, the state teachers 7,278
retirement system, the public employees retirement system, the 7,279
school employees retirement system, and the police and firemen's 7,280
disability and pension fund, notwithstanding any other provisions 7,281
of the Revised Code or rules adopted pursuant thereto by any 7,282
governmental agency of the state with respect to investments by 7,283
them, and also are acceptable as security for the deposit of 7,284
public moneys.
(N) Unless otherwise provided in any applicable bond 7,286
proceedings, moneys to the credit of or in the special funds 7,287
established by or pursuant to this section may be invested by or 7,288
on behalf of the issuing authority only in notes, bonds, or other 7,289
obligations of the United States, or of any agency or 7,290
instrumentality of the United States, obligations guaranteed as 7,292
163
to principal and interest by the United States, obligations of 7,293
this state or any political subdivision of this state, and 7,294
certificates of deposit of any national bank located in this 7,296
state and any bank, as defined in section 1101.01 of the Revised 7,297
Code, subject to inspection by the superintendent of financial 7,298
institutions. If the law or the instrument creating a trust 7,300
pursuant to division (I) of this section expressly permits 7,301
investment in direct obligations of the United States or an 7,302
agency of the United States, unless expressly prohibited by the 7,303
instrument, such moneys also may be invested in no front end load 7,304
money market mutual funds consisting exclusively of obligations 7,305
of the United States or an agency of the United States and in 7,306
repurchase agreements, including those issued by the fiduciary 7,307
itself, secured by obligations of the United States or an agency 7,308
of the United States; and in collective investment funds 7,309
established in accordance with section 1111.14 of the Revised 7,311
Code and consisting exclusively of any such securities, 7,312
notwithstanding division (A)(1)(c) of that section. The income 7,314
from such investments shall be credited to such funds as the 7,316
issuing authority determines, and such investments may be sold at 7,317
such times as the issuing authority determines or authorizes. 7,318
(O) Provision may be made in the applicable bond 7,320
proceedings for the establishment of separate accounts in the 7,321
bond service fund and for the application of such accounts only 7,322
to the specified bond service charges on obligations pertinent to 7,323
such accounts and bond service fund and for other accounts 7,324
therein within the general purposes of such fund. Unless 7,325
otherwise provided in any applicable bond proceedings, moneys to 7,326
the credit of or in the several special funds established 7,327
pursuant to this section shall be disbursed on the order of the 7,328
treasurer of state, provided that no such order is required for 7,329
the payment from the bond service fund when due of bond service 7,330
charges on obligations. 7,331
(P) The issuing authority may pledge all, or such portion 7,333
164
as the issuing authority determines, of the pledged receipts to 7,334
the payment of bond service charges on obligations issued under 7,335
this section, and for the establishment and maintenance of any 7,336
reserves, as provided in the bond proceedings, and make other 7,337
provisions therein with respect to pledged receipts as authorized 7,338
by this chapter, which provisions shall be controlling 7,339
notwithstanding any other provisions of law pertaining thereto. 7,340
(Q) The issuing authority may covenant in the bond 7,342
proceedings, and any such covenants shall be controlling 7,343
notwithstanding any other provision of law, that the state and 7,344
applicable officers and governmental agencies of the state, 7,345
including the general assembly, so long as any obligations are 7,347
outstanding, shall:
(1) Maintain statutory authority for and cause to be 7,349
operated the state lottery, including the transfers to and from 7,350
the lottery profits education fund created in section 3770.06 of 7,351
the Revised Code so that the pledged receipts shall be sufficient 7,352
in amount to meet bond service charges, and the establishment and 7,353
maintenance of any reserves and other requirements provided for 7,354
in the bond proceedings; 7,355
(2) Take or permit no action, by statute or otherwise, 7,357
that would impair the exclusion from gross income for federal 7,358
income tax purposes of the interest on any obligations designated 7,359
by the bond proceeding as tax-exempt obligations. 7,360
(R) There is hereby created the school building program 7,362
bond service fund, which shall be in the custody of the treasurer 7,363
of state but shall be separate and apart from and not a part of 7,364
the state treasury. All moneys received by or on account of the 7,365
issuing authority or state agencies and required by the 7,366
applicable bond proceedings, consistent with this section, to be 7,367
deposited, transferred, or credited to the school building 7,368
program bond service fund, and all other moneys transferred or 7,369
allocated to or received for the purposes of the fund, shall be 7,370
deposited and credited to such fund and to any separate accounts 7,371
165
therein, subject to applicable provisions of the bond 7,372
proceedings, but without necessity for any act of appropriation, 7,373
except as required by section 3770.06 of the Revised Code. 7,374
During the period beginning with the date of the first issuance 7,375
of obligations and continuing during such time as any such 7,376
obligations are outstanding, and so long as moneys in the school 7,377
building program bond service fund are insufficient to pay all 7,378
bond service charges on such obligations becoming due in each 7,379
year, a sufficient amount of the moneys from the lottery profits 7,380
education fund included in pledged receipts, subject to 7,381
appropriation for such purpose as provided in section 3770.06 of 7,382
the Revised Code, are committed and shall be paid to the school 7,383
building program bond service fund in each year for the purpose 7,384
of paying the bond service charges becoming due in that year. 7,385
The school building program bond service fund is a trust fund and 7,386
is hereby pledged to the payment of bond service charges solely 7,387
on obligations issued to provide moneys for the school building 7,388
program assistance fund to the extent provided in the applicable 7,389
bond proceedings, and payment thereof from such fund shall be 7,390
made or provided for by the treasurer of state in accordance with 7,391
such bond proceedings without necessity for any act of 7,392
appropriation except as required by section 3770.06 of the 7,393
Revised Code. 7,394
(S) There is hereby created the school facilities bond 7,396
service fund, which shall be in the custody of the treasurer of 7,397
state but shall be separate and apart from and not a part of the 7,398
state treasury. All moneys received by or on account of the 7,399
issuing authority or state agencies and required by the 7,400
applicable bond proceedings, consistent with this section, to be 7,401
deposited, transferred, or credited to the school facilities bond 7,402
service fund, and all other moneys transferred or allocated to or 7,403
received for the purposes of the fund, shall be deposited and 7,404
credited to such fund and to any separate accounts therein, 7,405
subject to applicable provisions of the bond proceedings, but 7,406
166
without necessity for any act of appropriation. During the 7,407
period beginning with the date of the first issuance of 7,408
obligations and continuing during such time as any such 7,409
obligations are outstanding, and so long as moneys in the school 7,410
facilities bond service fund are insufficient to pay all bond 7,411
service charges on such obligations becoming due in each year, a 7,412
sufficient amount of the moneys from the public school building 7,413
fund included in pledged receipts are committed and shall be paid 7,414
to the bond service fund in each year for the purpose of paying 7,415
the bond service charges becoming due in that year. The school 7,416
facilities bond service fund is a trust fund and is hereby 7,417
pledged to the payment of bond service charges on obligations 7,418
issued to provide moneys for the school districts facilities fund 7,419
to the extent provided in the applicable bond proceedings, and 7,420
payment thereof from such fund shall be made or provided for by 7,421
the treasurer of state in accordance with such bond proceedings 7,422
without necessity for any act or appropriation. 7,423
(T) The obligations, the transfer thereof, and the income 7,425
therefrom, including any profit made on the sale thereof, at all 7,427
times shall be free from taxation within the state.
Sec. 3318.29. The maximum maturity of any obligations 7,436
issued pursuant to section 3318.26 of the Revised Code to provide 7,437
moneys for the school building program assistance fund shall be 7,438
ten years. The terms of the obligations shall be such that in 7,439
any fiscal year the aggregate amount of moneys from the lottery 7,440
profits education fund, and not from other sources, that are 7,441
pledged to pay bond service charges on obligations issued to 7,442
provide moneys for the school building program assistance fund 7,443
shall not exceed ten million dollars. 7,444
As used in this section, "other sources" includes the 7,446
annual investment income on special funds to the extent the 7,447
income will be available for payment of any bond service charges 7,448
in lieu of use of moneys from the lottery profits education fund. 7,449
The annual investment income shall be estimated on the basis of 7,450
167
the expected funding of those special funds and assumed 7,451
investment earnings thereon at a rate equal to the weighted 7,452
average yield on investments of those special funds determined as 7,453
of any date within sixty days immediately preceding the date of 7,454
issuance of the bonds in respect of which the determination is 7,455
being made. 7,456
The determinations required by this section shall be made 7,458
by the treasurer of state at the time of issuance of an issue of 7,459
obligations and shall be conclusive for purposes of such issuance 7,460
of obligations from and after their issuance and delivery. 7,461
The maximum maturity of obligations issued pursuant to 7,463
section 3318.26 of the Revised Code to provide moneys for the 7,464
school district facilities fund shall not exceed the maximum 7,465
maturity of the loan made from such fund pursuant to section 7,466
3318.24 of the Revised Code utilizing the proceeds of such 7,467
obligations or ten years, whichever is less. The terms of the 7,468
obligations shall be such that in any fiscal year the aggregate 7,469
amount of moneys from the public school building fund that are 7,470
pledged to pay bond service charges on obligations issued to 7,471
provide moneys for the school districts facilities fund shall not 7,472
exceed an amount which shall be established by the Ohio school 7,473
facilities commission. 7,474
Sec. 3318.31. (A) The Ohio school facilities commission 7,485
may perform any act and ensure the performance of any function 7,486
necessary or appropriate to carry out the purposes of, and 7,487
exercise the powers granted under, sections 3318.01 to 3318.33 7,488
AND SECTION 3318.36 of the Revised Code, including any of the 7,489
following: 7,490
(1) Employ and fix the compensation of such employees as 7,494
will facilitate the activities and purposes of the commission, 7,495
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 7,498
of the Revised Code, rules for the administration of sections 7,500
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 7,502
168
(3) Contract with, retain the services of, or designate, 7,505
and fix the compensation of, such agents, accountants, 7,506
consultants, advisers, and other independent contractors as may 7,507
be necessary or desirable to carry out the purposes of sections 7,508
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 7,509
(4) Receive and accept any gifts, grants, donations, and 7,512
pledges, and receipts therefrom, to be used for the purposes of 7,513
sections 3318.01 to 3318.33 AND SECTION 3318.36 of the Revised 7,514
Code.
(5) Make and enter into all contracts, commitments, and 7,517
agreements, and execute all instruments, necessary or incidental 7,518
to the performance of its duties and the execution of its rights 7,519
and powers under sections 3318.01 to 3318.33 AND SECTION 3318.36 7,520
of the Revised Code. 7,521
(B) The attorney general shall serve as the legal 7,524
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 7,526
of the Revised Code. 7,527
Sec. 3318.33. (A) THERE IS HEREBY CREATED IN THE STATE 7,529
TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL 7,530
CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY 7,531
AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION 7,532
UNDER SECTION 3318.31 OF THE REVISED CODE. INVESTMENT EARNINGS 7,534
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 7,536
ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING
EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING 7,537
BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING 7,538
PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY 7,539
THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER 7,540
CHAPTER 3318. OF THE REVISED CODE. 7,541
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO 7,543
THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT 7,544
EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION 7,545
169
3318.15 OF THE REVISED CODE. THE DIRECTOR OF BUDGET AND 7,546
MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION 7,547
FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM 7,548
ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED 7,549
CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL 7,550
ARBITRAGE REBATE REQUIREMENTS.
Sec. 3318.35. (A) As used in this section: 7,559
(1) "Adjusted valuation per pupil" has MEANS the same 7,561
meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT 7,562
OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of 7,564
the Revised Code.
(2) "Ohio school facilities commission" has the same 7,567
meaning as in section 3318.01 of the Revised Code. 7,568
(B) The Ohio school facilities commission shall establish 7,571
and administer the emergency school building repair program. 7,572
Under the program, the commission shall distribute moneys 7,573
appropriated by the general assembly for such purpose to school 7,574
districts, beginning with those districts with an A CURRENT, 7,575
ONE-YEAR adjusted valuation per pupil less than the CURRENT, 7,577
ONE-YEAR adjusted valuation per pupil of the school district with 7,578
the two hundred ninety-third lowest adjusted valuation per pupil 7,579
in the state. The commission shall submit to the controlling 7,581
board for its approval or disapproval requests for allocations of 7,583
lump sums of money from which the commission may disburse funds 7,584
to school districts upon determining that the districts qualify 7,585
for emergency building repair assistance. Any school district 7,587
that receives moneys under this section shall expend them only to 7,588
repair the following:
(1) Heating systems; 7,590
(2) Floors, roofs, and exterior doors; 7,592
(3) Air ducts and other air ventilation devices; 7,595
(4) Emergency exit or egress passageway lighting; 7,597
(5) Fire alarm systems; 7,599
(6) Handicapped access needs; 7,601
170
(7) Sewage systems; 7,603
(8) Water supplies; 7,605
(9) Asbestos removal; and 7,607
(10) Any other repairs to a school building that meet the 7,610
requirements of the life safety code, as interpreted by the 7,611
commission.
(C) The Ohio school facilities commission shall adopt 7,614
rules in accordance with Chapter 119. of the Revised Code 7,615
necessary to carry out its duties and responsibilities under this 7,616
section.
Sec. 3318.36. (A) AS USED IN THIS SECTION: 7,618
(1) "OHIO SCHOOL FACILITIES COMMISSION," "CLASSROOM 7,620
FACILITIES," "SCHOOL DISTRICT," "SCHOOL DISTRICT BOARD," "NET 7,621
BONDED INDEBTEDNESS," "REQUIRED PERCENTAGE OF THE BASIC PROJECT 7,622
COSTS," "BASIC PROJECT COST," "VALUATION," AND "PERCENTILE" HAVE 7,623
THE SAME MEANINGS AS IN SECTION 3318.01 OF THE REVISED CODE. 7,624
(2) "REQUIRED LEVEL OF INDEBTEDNESS" MEANS FIVE PER CENT 7,626
OF THE SCHOOL DISTRICT'S VALUATION FOR THE YEAR PRECEDING THE 7,627
YEAR IN WHICH THE COMMISSION AND SCHOOL DISTRICT ENTER INTO AN 7,628
AGREEMENT UNDER DIVISION (B) OF THIS SECTION, PLUS [TWO 7,630
ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN 7,631
WHICH THE DISTRICT RANKS IN THE FISCAL YEAR THE COMMISSION AND 7,632
THE SCHOOL DISTRICT ENTER INTO SUCH AGREEMENT MINUS ONE)<. 7,633
(B) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 7,635
ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM. UNDER THE 7,636
PROGRAM, THE OHIO SCHOOL FACILITIES COMMISSION MAY ENTER INTO AN 7,637
AGREEMENT WITH THE SCHOOL DISTRICT BOARD OF ANY SCHOOL DISTRICT 7,639
RANKED IN THE TWENTIETH TO FORTIETH PERCENTILES, AS DETERMINED
UNDER SECTION 3318.011 OF THE REVISED CODE IN THE FISCAL YEAR 7,641
THAT THE COMMISSION AND SCHOOL DISTRICT BOARD ENTER INTO SUCH 7,643
AGREEMENT. UNDER THE AGREEMENT, THE SCHOOL DISTRICT BOARD MAY 7,644
PROCEED WITH THE NEW CONSTRUCTION OR MAJOR REPAIRS OF A PART OF 7,645
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, AS DETERMINED 7,646
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THROUGH 7,647
171
THE EXPENDITURE OF LOCAL RESOURCES PRIOR TO THE SCHOOL DISTRICT'S 7,648
ELIGIBILITY FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 7,649
3318.20 OF THE REVISED CODE AND MAY APPLY THAT EXPENDITURE TOWARD 7,650
MEETING THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST 7,651
OF THE TOTAL OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, 7,653
AS DETERMINED UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 7,654
CODE AND AS RECALCULATED UNDER DIVISION (E) OF THIS SECTION, THAT 7,655
ARE ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 7,656
3318.20 OF THE REVISED CODE WHEN THE SCHOOL DISTRICT BECOMES 7,658
ELIGIBLE FOR SUCH STATE ASSISTANCE.
THE COMMISSION MAY ENTER INTO AN AGREEMENT UNDER THIS 7,660
SECTION WITH NO MORE THAN FIVE SCHOOL DISTRICTS EACH YEAR. 7,661
TO PARTICIPATE IN THE PROGRAM, A SCHOOL DISTRICT BOARD 7,663
SHALL FIRST ADOPT A RESOLUTION CERTIFYING TO THE COMMISSION THE 7,664
BOARD'S INTENT TO PARTICIPATE IN THE PROGRAM. 7,665
THE COMMISSION SHALL CONSIDER SCHOOL DISTRICTS FOR 7,667
PARTICIPATION IN THE PROGRAM UNDER THIS SECTION EACH YEAR IN THE 7,668
ORDER IN WHICH THEY ADOPT THE RESOLUTIONS REQUIRED UNDER THIS 7,669
SECTION AND SUBMIT THEM TO THE COMMISSION.
ANY PROJECT UNDER THIS SECTION SHALL COMPLY WITH SECTION 7,671
3318.03 OF THE REVISED CODE AND WITH ANY SPECIFICATIONS FOR PLANS 7,672
AND MATERIALS FOR CLASSROOM FACILITIES ADOPTED BY THE COMMISSION 7,674
UNDER SECTION 3318.04 OF THE REVISED CODE. 7,675
(C) IF THE COMMISSION AND A SCHOOL DISTRICT BOARD ENTER 7,677
INTO AN AGREEMENT AUTHORIZED UNDER DIVISION (B) OF THIS SECTION, 7,678
THE COMMISSION SHALL CONDUCT ON-SITE VISITS TO THE SCHOOL 7,679
DISTRICT AND SHALL CONDUCT AN ASSESSMENT OF THE SCHOOL DISTRICT'S 7,681
CLASSROOM FACILITIES NEEDS AS AUTHORIZED IN SECTION 3318.021 OF 7,682
THE REVISED CODE WITHIN SIX MONTHS OF THE EXECUTION OF THE 7,683
AGREEMENT. BASED ON THE RESULTS OF THE ON-SITE VISITS AND 7,684
ASSESSMENT, THE COMMISSION SHALL DETERMINE THE BASIC PROJECT COST 7,685
OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE 7,686
COMMISSION SHALL DETERMINE THE SCHOOL DISTRICT'S PORTION OF SUCH 7,687
BASIC PROJECT COST, WHICH SHALL BE THE GREATER OF: 7,688
172
(1) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 7,690
DETERMINED BASED ON THE SCHOOL DISTRICT'S PERCENTILE RANKING IN 7,691
THE FISCAL YEAR THE COMMISSION AND THE SCHOOL DISTRICT ENTER INTO 7,692
THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION; 7,693
(2) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 7,695
BONDED INDEBTEDNESS, AS OF THE FISCAL YEAR THE COMMISSION AND THE 7,696
SCHOOL DISTRICT ENTER INTO THE AGREEMENT UNDER DIVISION (B) OF 7,697
THIS SECTION, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED 7,698
LEVEL OF INDEBTEDNESS.
(D)(1) WHEN THE COMMISSION DETERMINES THE BASIC PROJECT 7,700
COST OF THE CLASSROOM FACILITIES NEEDS OF A SCHOOL DISTRICT AND 7,701
THE SCHOOL DISTRICT'S PORTION OF THAT BASIC PROJECT COST UNDER 7,703
DIVISION (C) OF THIS SECTION, THE PROJECT SHALL BE CONDITIONALLY 7,704
APPROVED. SUCH CONDITIONAL APPROVAL SHALL BE SUBMITTED TO THE 7,705
CONTROLLING BOARD FOR APPROVAL THEREOF. THE CONTROLLING BOARD 7,706
SHALL FORTHWITH APPROVE OR REJECT THE COMMISSION'S DETERMINATION, 7,707
CONDITIONAL APPROVAL, AND THE AMOUNT OF THE STATE'S PORTION OF 7,708
THE BASIC PROJECT COST; HOWEVER, NO STATE FUNDS SHALL BE 7,709
ENCUMBERED UNDER THIS SECTION. UPON APPROVAL BY THE CONTROLLING 7,710
BOARD, THE SCHOOL DISTRICT BOARD MAY IDENTIFY A DISCRETE PART OF 7,712
ITS CLASSROOM FACILITIES NEEDS, WHICH SHALL INCLUDE ONLY NEW 7,713
CONSTRUCTION OF OR ADDITIONS OR MAJOR REPAIRS TO A PARTICULAR 7,714
BUILDING, TO ADDRESS WITH LOCAL RESOURCES. UPON IDENTIFYING A 7,716
PART OF THE SCHOOL DISTRICT'S BASIC PROJECT COST TO ADDRESS WITH 7,717
LOCAL RESOURCES, THE SCHOOL DISTRICT BOARD MAY ALLOCATE ANY 7,718
AVAILABLE SCHOOL DISTRICT MONEYS TO PAY THE COST OF THAT 7,719
IDENTIFIED PART, INCLUDING THE PROCEEDS OF AN ISSUANCE OF BONDS
IF APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT. 7,721
ALL LOCAL RESOURCES UTILIZED UNDER THIS DIVISION SHALL 7,723
FIRST BE DEPOSITED IN THE PROJECT CONSTRUCTION ACCOUNT REQUIRED 7,724
UNDER SECTION 3318.08 OF THE REVISED CODE.
(2) FOR A SCHOOL DISTRICT TO QUALIFY FOR PARTICIPATION IN 7,726
THE PROGRAM AUTHORIZED UNDER THIS SECTION, THE ELECTORS OF THE 7,727
SCHOOL DISTRICT BY A MAJORITY VOTE SHALL APPROVE THE LEVY OF 7,728
173
TAXES OUTSIDE THE TEN-MILL LIMITATION FOR A PERIOD NOT TO EXCEED 7,729
TWENTY-THREE YEARS AT THE RATE OF ONE-HALF MILL FOR EACH DOLLAR 7,730
OF VALUATION TO BE USED TO PAY THE COST OF MAINTAINING THE 7,731
CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST AS 7,732
DETERMINED BY THE COMMISSION. THE FORM OF THE BALLOT TO BE USED 7,733
TO SUBMIT THE QUESTION WHETHER TO APPROVE THE TAX REQUIRED UNDER 7,734
THIS DIVISION TO THE ELECTORS OF THE SCHOOL DISTRICT SHALL BE THE 7,735
FORM FOR AN ADDITIONAL LEVY OF TAXES PRESCRIBED IN DIVISION (C) 7,736
OF SECTION 3318.06 OF THE REVISED CODE. PROCEEDS OF THIS 7,737
ADDITIONAL LEVY OF TAXES SHALL BE DEPOSITED INTO A SEPARATE FUND 7,738
AS SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED 7,739
CODE.
(E) IF THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 7,741
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 7,743
BASED ON ITS PERCENTILE RANKING AS DETERMINED UNDER DIVISION (B) 7,744
OF THIS SECTION, THE COMMISSION SHALL CONDUCT A NEW ASSESSMENT OF 7,745
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS AND SHALL 7,746
RECALCULATE THE BASIC PROJECT COST BASED ON THIS NEW ASSESSMENT. 7,747
THE BASIC PROJECT COST RECALCULATED UNDER THIS DIVISION SHALL 7,748
INCLUDE THE AMOUNT OF EXPENDITURES MADE BY THE SCHOOL DISTRICT 7,749
BOARD UNDER DIVISION (D)(1) OF THIS SECTION. THE COMMISSION
SHALL THEN RECALCULATE THE SCHOOL DISTRICT'S PORTION OF THE NEW 7,750
BASIC PROJECT COST BY UTILIZING THE PROPORTION OF THE ORIGINAL 7,751
BASIC PROJECT COST ASSIGNED TO THE SCHOOL DISTRICT AS ITS PORTION 7,752
UNDER DIVISION (C) OF THIS SECTION. THE COMMISSION SHALL DEDUCT 7,753
THE EXPENDITURE OF SCHOOL DISTRICT MONEYS MADE UNDER DIVISION 7,754
(D)(1) OF THIS SECTION FROM THE SCHOOL DISTRICT'S PORTION OF THE 7,755
BASIC PROJECT COST AS RECALCULATED UNDER THIS DIVISION. IF THE 7,756
AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE SCHOOL 7,757
DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE BASIC 7,759
PROJECT COST UNDER THIS SECTION IS LESS THAN THE TOTAL AMOUNT OF 7,760
SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE SCHOOL
DISTRICT BOARD BY A MAJORITY VOTE OF ALL OF ITS MEMBERS SHALL, IF 7,761
IT DESIRES TO SEEK STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 7,762
174
3318.20 OF THE REVISED CODE, ADOPT A RESOLUTION AS SPECIFIED IN 7,764
SECTION 3318.06 OF THE REVISED CODE TO SUBMIT TO THE ELECTORS OF 7,766
THE SCHOOL DISTRICT THE QUESTION OF APPROVAL OF A BOND ISSUE IN 7,767
ORDER TO PAY ANY ADDITIONAL AMOUNT OF SCHOOL DISTRICT PORTION 7,768
REQUIRED FOR STATE ASSISTANCE. THE TAX LEVY APPROVED UNDER 7,769
DIVISION (D)(2) OF THIS SECTION SHALL SATISFY THE REQUIREMENTS TO 7,770
LEVY THE ONE-HALF MILL ADDITIONAL TAX UNDER SECTION 3318.06 OF 7,771
THE REVISED CODE.
IF THE AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE 7,773
SCHOOL DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE 7,774
BASIC PROJECT COST UNDER THIS SECTION IS MORE THAN THE TOTAL 7,775
AMOUNT OF SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE 7,776
COMMISSION MAY REIMBURSE TO THE SCHOOL DISTRICT THE DIFFERENCE 7,777
BETWEEN THE TWO CALCULATED PORTIONS, BUT AT NO TIME SHALL THE 7,778
COMMISSION EXPEND ANY STATE FUNDS ON A PROJECT IN AN AMOUNT 7,779
GREATER THAN THE STATE'S PORTION OF THE BASIC PROJECT COST AS 7,780
RECALCULATED UNDER THIS DIVISION. 7,781
Sec. 3319.22. (A) The state board of education shall 7,790
adopt rules establishing the standards and requirements for 7,791
obtaining temporary, associate, provisional, and professional 7,792
educator licenses of any categories, types, and levels the board 7,793
elects to provide. However, no educator license shall be 7,794
required for teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends, 7,796
or rescinds for educator licenses under this section, division 7,797
(D) of section 3301.07 of the Revised Code, or any other law 7,798
shall be adopted, amended, or rescinded under Chapter 119. of the 7,799
Revised Code except as follows: 7,800
(1) Notwithstanding division (D) of section 119.03 and 7,803
division (A)(1) of section 119.04 of the Revised Code, the 7,804
effective date of any rules, or amendment or rescission of any 7,805
rules, shall not be as prescribed in division (D) of section 7,806
119.03 and division (A)(1) of section 119.04 of the Revised Code. 7,807
Instead, the rules or amendment or rescission of the rules shall 7,808
175
take effect only after the rules or amendment or rescission of 7,809
the rules are filed with the chairpersons of the committees of 7,810
the house of representatives and of the senate that are primarily 7,811
responsible for consideration of education legislation and only 7,812
after approval by the general assembly through adoption of a 7,813
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 7,814
the rules shall be the later of the date on which the concurrent 7,815
resolution is adopted by the second house or the date prescribed 7,816
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 7,818
rescind emergency rules in division (F) of section 119.03 of the 7,819
Revised Code, this authority shall not apply to the state board 7,820
of education with regard to rules for educator licenses. 7,821
(C)(1) The rules adopted under this section establishing 7,823
standards requiring additional coursework for the renewal of any 7,824
educator license shall require a school district and a chartered 7,825
nonpublic school to establish local professional development 7,826
committees. In a nonpublic school, the chief administrative 7,827
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 7,828
shall determine whether coursework that a district or chartered 7,829
nonpublic school teacher proposes to complete meets the 7,830
requirement of the rules. The rules shall establish a procedure 7,831
by which a teacher may appeal the decision of a local 7,832
professional development committee.
(2) In any school district in which there is no exclusive 7,834
representative established under Chapter 4117. of the Revised 7,835
Code, the professional development committees shall be 7,836
established as described in division (C)(2) of this section. 7,837
Not later than the effective date of the rules adopted 7,839
under this section, the board of education of each school 7,840
district shall establish the structure for one or more local 7,841
professional development committees to be operated by such school 7,842
176
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 7,843
an anniversary of the date upon which the current committee 7,844
structure was established, the board provides notice to all 7,845
affected district employees that the committee structure is to be 7,846
modified. Professional development committees may have a
district-level or building-level scope of operations, and may be 7,847
established with regard to particular grade or age levels for 7,849
which an educator license is designated. 7,850
Each professional development committee shall consist of at 7,852
least three classroom teachers employed by the district, one 7,853
principal employed by the district, and one other employee of the 7,854
district appointed by the district superintendent. For 7,855
committees with a building-level scope, the teacher and principal 7,857
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 7,858
teachers assigned to that building. For committees with a 7,859
district-level scope, the teacher members shall be elected by 7,861
majority vote of the classroom teachers of the district, and the 7,862
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 7,863
principals employed by the district, in which case the one or two 7,864
principals employed shall serve on the committee. If a committee 7,865
has a particular grade or age level scope, the teacher members 7,866
shall be licensed to teach such grade or age levels, and shall be 7,867
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 7,868
serving in buildings where any such teachers serve. The district 7,869
superintendent shall appoint a replacement to fill any vacancy 7,870
that occurs on a professional development committee, except in 7,871
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 7,872
of the committee so selected. 7,873
Terms of office on professional development committees 7,875
177
shall be prescribed by the district board establishing the 7,876
committees. The conduct of elections for members of professional 7,877
development committees shall be prescribed by the district board 7,878
establishing the committees. A professional development
committee may include additional members, except that the 7,879
majority of members on each such committee shall be classroom 7,880
teachers employed by the district. Any member appointed to fill 7,881
a vacancy occurring prior to the expiration date of the term for 7,882
which a predecessor was appointed shall hold office as a member 7,883
for the remainder of that term.
The initial meeting of any professional development 7,885
committee, upon election and appointment of all committee 7,886
members, shall be called by a member designated by the district 7,887
superintendent. At this initial meeting, the committee shall 7,888
select a chairperson and such other officers the committee deems 7,889
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 7,890
chairperson or upon the filing of a petition with the district 7,891
superintendent signed by a majority of the committee members 7,892
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 7,894
representative has been established pursuant to Chapter 4117. of 7,895
the Revised Code, professional development committees shall be 7,896
established in accordance with any collective bargaining 7,897
agreement in effect in the district that includes provisions for
such committees. 7,898
If the collective bargaining agreement does not specify a 7,900
different method for the selection of teacher members of the 7,901
committees, the exclusive representative of the district's 7,902
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 7,904
different structure for the committees, the board of education of 7,905
the school district shall establish the structure, including the 7,906
number of committees and the number of teacher and administrative 7,907
178
members on each committee; the specific administrative members to 7,908
be part of each committee; whether the scope of the committees 7,909
will be district levels, building level LEVELS, or by type of 7,910
grade or age levels for which educator licenses are designated; 7,911
the lengths of terms for members; the manner of filling vacancies 7,912
on the committees; and the frequency and time and place of 7,913
meetings. However, in all cases, except as provided in division 7,914
(C)(4) of this section, there shall be a majority of teacher 7,915
members of any professional development committee, there shall be 7,916
at least five total members of any professional development
committee, and the exclusive representative shall designate 7,917
replacement members in the case of vacancies among teacher 7,918
members, unless the collective bargaining agreement specifies a 7,919
different method of selecting such replacements. 7,920
(4) Whenever an administrator's coursework plan is being 7,923
discussed or voted upon, the local professional development 7,924
committee shall, at the request of one of its administrative 7,925
members, cause a majority of the committee to consist of 7,926
administrative members by reducing the number of teacher members 7,927
voting on the plan. 7,928
(5) A PUBLIC INSTITUTION OR AGENCY THAT PROVIDES 7,930
EDUCATIONAL SERVICES AND EMPLOYS OR CONTRACTS FOR SERVICES OF 7,931
LICENSED EDUCATORS MAY ESTABLISH A LOCAL PROFESSIONAL DEVELOPMENT 7,932
COMMITTEE. THE LOCAL PROFESSIONAL DEVELOPMENT COMMITTEE MAY 7,933
DETERMINE WHETHER THE COURSEWORK THOSE EDUCATORS PROPOSE TO 7,934
COMPLETE MEETS THE REQUIREMENT OF THE RULES ADOPTED UNDER THIS
SECTION FOR RENEWAL OF THEIR EDUCATOR LICENSES IF THE COMMITTEE'S 7,935
STRUCTURE AND MEMBERSHIP IS APPROVED BY THE DEPARTMENT OF 7,936
EDUCATION. THE DEPARTMENT SHALL ISSUE GUIDELINES FOR THE 7,937
STRUCTURE OF LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES 7,938
ESTABLISHED BY PUBLIC INSTITUTIONS OR AGENCIES.
Sec. 3319.235. (A) The standards for the preparation of 7,947
teachers adopted under section 3319.23 of the Revised Code shall 7,948
require any institution that provides a course of study for the 7,949
179
training of teachers to ensure that graduates of such course of 7,950
study are skilled at integrating educational technology in the 7,951
instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner 7,952
prescribed by the department of education or completed a course 7,953
that includes training in such skills. 7,954
(B) The office of information, learning, and technology 7,957
OHIO SCHOOLNET COMMISSION, established in division (B) of 7,958
PURSUANT TO section 3301.80 of the Revised Code, shall establish 7,960
model professional development programs to assist teachers who
completed their teacher preparation prior to the effective date 7,962
of division (A) of this section to become skilled at integrating 7,963
educational technology in the instruction of children. The 7,964
office COMMISSION shall provide technical assistance to school 7,966
districts wishing to establish such programs.
Sec. 3324.01. AS USED IN THIS SECTION AND SECTIONS 3324.02 7,968
THROUGH 3324.06 OF THE REVISED CODE: 7,969
(A) "APPROVED" MEANS APPROVED BY THE DEPARTMENT OF 7,971
EDUCATION AND INCLUDED ON THE LIST COMPILED BY THE DEPARTMENT 7,972
UNDER SECTION 3324.02 OF THE REVISED CODE. 7,973
(B) "GIFTED" MEANS STUDENTS WHO PERFORM OR SHOW POTENTIAL 7,976
FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN
COMPARED TO OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT AND 7,978
WHO ARE IDENTIFIED UNDER DIVISION (A), (B), (C), OR (D) OF 7,979
SECTION 3324.03 OF THE REVISED CODE. 7,981
(C) "SCHOOL DISTRICT" DOES NOT INCLUDE A JOINT VOCATIONAL 7,983
SCHOOL DISTRICT. 7,984
(D) "SPECIFIC ACADEMIC ABILITY FIELD" MEANS ONE OR MORE OF 7,986
THE FOLLOWING AREAS OF INSTRUCTION: 7,987
(1) MATHEMATICS; 7,989
(2) SCIENCE; 7,991
(3) READING, WRITING, OR A COMBINATION OF THESE SKILLS; 7,993
(4) SOCIAL STUDIES. 7,995
Sec. 3324.02. (A) THE DEPARTMENT OF EDUCATION SHALL 7,997
180
CONSTRUCT LISTS OF EXISTING ASSESSMENT INSTRUMENTS IT APPROVES 7,998
FOR USE BY SCHOOL DISTRICTS, AND MAY INCLUDE ON THE LISTS AND 7,999
MAKE AVAILABLE TO SCHOOL DISTRICTS ADDITIONAL ASSESSMENT
INSTRUMENTS DEVELOPED BY THE DEPARTMENT. WHEREVER POSSIBLE, THE 8,000
DEPARTMENT SHALL APPROVE ASSESSMENT INSTRUMENTS THAT UTILIZE 8,001
NATIONALLY RECOGNIZED STANDARDS FOR SCORING OR ARE NATIONALLY 8,002
NORMED. THE LISTS OF INSTRUMENTS SHALL INCLUDE: 8,003
(1) INITIAL SCREENING INSTRUMENTS FOR USE IN SELECTING 8,005
POTENTIALLY GIFTED STUDENTS FOR FURTHER ASSESSMENT; 8,006
(2) INSTRUMENTS FOR IDENTIFYING GIFTED STUDENTS UNDER 8,009
SECTION 3324.03 OF THE REVISED CODE.
(B) THE DEPARTMENT SHALL ALSO ADOPT RULES FOR THE 8,011
ADMINISTRATION OF ANY TESTS OR ASSESSMENT INSTRUMENTS IT APPROVES 8,012
ON THE LIST REQUIRED BY DIVISION (A) OF THIS SECTION AND FOR 8,013
ESTABLISHING THE SCORES OR PERFORMANCE LEVELS REQUIRED UNDER 8,014
SECTION 3324.03 OF THE REVISED CODE. 8,015
(C) THE DEPARTMENT SHALL ENSURE THAT THE APPROVED LIST OF 8,017
ASSESSMENT INSTRUMENTS UNDER THIS SECTION INCLUDES INSTRUMENTS 8,018
THAT ALLOW FOR APPROPRIATE SCREENING AND IDENTIFICATION OF GIFTED 8,019
MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH DISABILITIES, 8,021
AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE.
(D) DISTRICTS SHALL SELECT SCREENING AND IDENTIFICATION 8,023
INSTRUMENTS FROM THE APPROVED LISTS FOR INCLUSION IN THEIR 8,024
DISTRICT POLICIES. 8,025
(E) THE DEPARTMENT SHALL MAKE INITIAL LISTS OF APPROVED 8,027
ASSESSMENT INSTRUMENTS AND THE RULES FOR THE ADMINISTRATION OF 8,028
THE INSTRUMENTS AVAILABLE BY SEPTEMBER 1, 1999. 8,029
Sec. 3324.03. THE BOARD OF EDUCATION OF EACH SCHOOL 8,031
DISTRICT SHALL IDENTIFY GIFTED STUDENTS IN GRADES KINDERGARTEN 8,032
THROUGH TWELVE AS FOLLOWS: 8,033
(A) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SUPERIOR 8,035
COGNITIVE ABILITY" IF THE STUDENT DID EITHER OF THE FOLLOWING 8,036
WITHIN THE PRECEDING TWENTY-FOUR MONTHS: 8,037
(1) SCORED TWO STANDARD DEVIATIONS ABOVE THE MEAN, MINUS 8,039
181
THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED INDIVIDUAL 8,040
STANDARDIZED INTELLIGENCE TEST ADMINISTERED BY A LICENSED 8,041
PSYCHOLOGIST;
(2) ACCOMPLISHED ANY ONE OF THE FOLLOWING: 8,043
(a) SCORED AT LEAST TWO STANDARD DEVIATIONS ABOVE THE 8,045
MEAN, MINUS THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED 8,046
STANDARDIZED GROUP INTELLIGENCE TEST; 8,047
(b) PERFORMED AT OR ABOVE THE NINETY-FIFTH PERCENTILE ON 8,049
AN APPROVED INDIVIDUAL OR GROUP STANDARDIZED BASIC OR COMPOSITE 8,050
BATTERY OF A NATIONALLY NORMED ACHIEVEMENT TEST; 8,051
(c) ATTAINED AN APPROVED SCORE ON ONE OR MORE ABOVE-GRADE 8,053
LEVEL STANDARDIZED, NATIONALLY NORMED APPROVED TESTS. 8,054
(B) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SPECIFIC 8,056
ACADEMIC ABILITY" SUPERIOR TO THAT OF CHILDREN OF SIMILAR AGE IN 8,057
A SPECIFIC ACADEMIC ABILITY FIELD IF WITHIN THE PRECEDING 8,059
TWENTY-FOUR MONTHS THE STUDENT PERFORMS AT OR ABOVE THE
NINETY-FIFTH PERCENTILE AT THE NATIONAL LEVEL ON AN APPROVED 8,061
INDIVIDUAL OR GROUP STANDARDIZED ACHIEVEMENT TEST OF SPECIFIC 8,062
ACADEMIC ABILITY IN THAT FIELD. A STUDENT MAY BE IDENTIFIED AS 8,063
GIFTED IN MORE THAN ONE SPECIFIC ACADEMIC ABILITY FIELD. 8,064
(C) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "CREATIVE 8,066
THINKING ABILITY" SUPERIOR TO CHILDREN OF A SIMILAR AGE, IF 8,067
WITHIN THE PREVIOUS TWENTY-FOUR MONTHS, THE STUDENT SCORED ONE 8,068
STANDARD DEVIATION ABOVE THE MEAN, MINUS THE STANDARD ERROR OF 8,069
MEASUREMENT, ON AN APPROVED INDIVIDUAL OR GROUP INTELLIGENCE TEST 8,070
AND ALSO DID EITHER OF THE FOLLOWING: 8,071
(1) ATTAINED A SUFFICIENT SCORE, AS ESTABLISHED BY THE 8,073
DEPARTMENT OF EDUCATION, ON AN APPROVED INDIVIDUAL OR GROUP TEST 8,074
OF CREATIVE ABILITY; 8,075
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 8,077
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF CREATIVE 8,078
BEHAVIORS. 8,079
(D) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "VISUAL 8,081
OR PERFORMING ARTS ABILITY" SUPERIOR TO THAT OF CHILDREN OF 8,082
182
SIMILAR AGE IF THE STUDENT HAS DONE BOTH OF THE FOLLOWING: 8,083
(1) DEMONSTRATED THROUGH A DISPLAY OF WORK, AN AUDITION, 8,085
OR OTHER PERFORMANCE OR EXHIBITION, SUPERIOR ABILITY IN A VISUAL 8,086
OR PERFORMING ARTS AREA; 8,087
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 8,089
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF 8,090
BEHAVIORS RELATED TO A SPECIFIC ARTS AREA. 8,091
Sec. 3324.04. THE BOARD OF EDUCATION OF EACH SCHOOL 8,093
DISTRICT SHALL ADOPT A PLAN BY JANUARY 1, 2000, FOR IDENTIFYING 8,094
GIFTED STUDENTS. THE PLAN SHALL BE SUBMITTED TO THE DEPARTMENT 8,095
OF EDUCATION FOR APPROVAL. THE DEPARTMENT SHALL APPROVE THE PLAN 8,097
WITHIN SIXTY DAYS IF IT CONTAINS ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE ASSESSMENT INSTRUMENTS FROM THE 8,099
LIST ADOPTED BY THE DEPARTMENT THAT THE DISTRICT WILL USE TO 8,100
SCREEN AND IDENTIFY GIFTED STUDENTS; 8,101
(B) ACCEPTABLE SCHEDULING PROCEDURES FOR SCREENING AND FOR 8,103
ADMINISTERING ASSESSMENT INSTRUMENTS FOR IDENTIFYING GIFTED 8,104
STUDENTS. THESE PROCEDURES SHALL PROVIDE: 8,106
(1) AT LEAST TWO OPPORTUNITIES A YEAR FOR ASSESSMENT IN 8,108
THE CASE OF STUDENTS REQUESTING ASSESSMENT OR RECOMMENDED FOR 8,109
ASSESSMENT BY TEACHERS, PARENTS, OR OTHER STUDENTS; 8,110
(2) ASSURANCE OF INCLUSION IN SCREENING AND ASSESSMENT 8,112
PROCEDURES FOR MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH 8,113
DISABILITIES, AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE; 8,114
(3) ASSURANCE THAT ANY STUDENT TRANSFERRING INTO THE 8,116
DISTRICT WILL BE ASSESSED WITHIN NINETY DAYS OF THE TRANSFER AT 8,117
THE REQUEST OF A PARENT. 8,118
(C) PROCEDURES FOR NOTIFICATION OF PARENTS WITHIN THIRTY 8,120
DAYS ABOUT THE RESULTS OF ANY SCREENING PROCEDURE OR ASSESSMENT 8,121
INSTRUMENT AND THE PROVISION OF AN OPPORTUNITY FOR PARENTS TO 8,122
APPEAL ANY DECISION ABOUT THE RESULTS OF ANY SCREENING PROCEDURE 8,123
OR ASSESSMENT, THE SCHEDULING OF CHILDREN FOR ASSESSMENT, OR THE 8,124
PLACEMENT OF A STUDENT IN ANY PROGRAM OR FOR RECEIPT OF SERVICES; 8,125
(D) A COMMITMENT THAT THE DISTRICT WILL ACCEPT SCORES ON 8,127
183
ASSESSMENT INSTRUMENTS PROVIDED BY OTHER SCHOOL DISTRICTS OR 8,128
TRAINED PERSONNEL OUTSIDE THE SCHOOL DISTRICT, PROVIDED THE 8,129
ASSESSMENT INSTRUMENTS ARE ON THE LIST APPROVED BY THE DEPARTMENT 8,130
OF EDUCATION UNDER SECTION 3324.02 OF THE REVISED CODE. 8,131
THE DISTRICT'S PLAN MAY PROVIDE FOR THE DISTRICT TO 8,133
CONTRACT WITH ANY QUALIFIED PUBLIC OR PRIVATE SERVICE PROVIDER TO 8,134
PROVIDE SCREENING OR ASSESSMENT SERVICES UNDER THE PLAN. 8,135
THE DEPARTMENT SHALL ASSIST ANY DISTRICT WHOSE PLAN IT 8,137
DISAPPROVES UNDER THIS SECTION TO AMEND THE PLAN SO THAT IT MEETS 8,138
THE REQUIREMENTS OF THIS SECTION. 8,139
Sec. 3324.05. (A) EACH SCHOOL DISTRICT SHALL SUBMIT AN 8,141
ANNUAL REPORT TO THE DEPARTMENT OF EDUCATION SPECIFYING THE 8,142
NUMBER OF STUDENTS IN EACH OF GRADES KINDERGARTEN THROUGH TWELFTH 8,143
SCREENED, THE NUMBER ASSESSED, AND THE NUMBER IDENTIFIED AS 8,144
GIFTED IN EACH CATEGORY SPECIFIED IN SECTION 3324.03 OF THE 8,145
REVISED CODE.
(B) THE DEPARTMENT OF EDUCATION SHALL AUDIT EACH SCHOOL 8,147
DISTRICT'S IDENTIFICATION NUMBERS AT LEAST ONCE EVERY THREE YEARS 8,148
AND MAY SELECT ANY DISTRICT AT RANDOM OR UPON COMPLAINT OR 8,150
SUSPICION OF NONCOMPLIANCE FOR A FURTHER AUDIT TO DETERMINE
COMPLIANCE WITH SECTIONS 3324.03 TO 3324.06 OF THE REVISED CODE. 8,152
(C) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO 8,154
ANY DISTRICT FOUND IN NONCOMPLIANCE UNDER DIVISION (B) OF THIS 8,155
SECTION. THE DEPARTMENT MAY REDUCE FUNDS RECEIVED BY THE 8,156
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE BY ANY AMOUNT IF 8,157
THE DISTRICT CONTINUES TO BE NONCOMPLIANT. 8,159
Sec. 3324.06. THE BOARD OF EDUCATION OF EACH SCHOOL 8,161
DISTRICT SHALL ADOPT A STATEMENT OF ITS POLICY FOR THE SCREENING 8,162
AND IDENTIFICATION OF GIFTED STUDENTS AND SHALL DISTRIBUTE THE 8,163
POLICY STATEMENT TO PARENTS. THE POLICY STATEMENT SHALL SPECIFY: 8,164
(A) THE CRITERIA AND METHODS THE DISTRICT USES TO SCREEN 8,166
STUDENTS AND TO SELECT STUDENTS FOR FURTHER ASSESSMENT WHO 8,167
PERFORM OR SHOW POTENTIAL FOR PERFORMING AT REMARKABLY HIGH 8,168
LEVELS OF ACCOMPLISHMENT IN ONE OF THE GIFTED AREAS SPECIFIED IN 8,170
184
SECTION 3324.03 OF THE REVISED CODE;
(B) THE SOURCES OF ASSESSMENT DATA THE DISTRICT USES TO 8,172
SELECT STUDENTS FOR FURTHER TESTING AND AN EXPLANATION FOR 8,173
PARENTS OF THE MULTIPLE ASSESSMENT INSTRUMENTS REQUIRED TO 8,175
IDENTIFY GIFTED STUDENTS UNDER SECTION 3324.03 OF THE REVISED 8,176
CODE;
(C) AN EXPLANATION FOR PARENTS OF THE METHODS THE DISTRICT 8,178
USES TO ENSURE EQUAL ACCESS TO SCREENING AND FURTHER ASSESSMENT 8,179
BY ALL DISTRICT STUDENTS, INCLUDING MINORITY OR DISADVANTAGED 8,181
STUDENTS, CHILDREN WITH DISABILITIES, AND STUDENTS FOR WHOM 8,182
ENGLISH IS A SECOND LANGUAGE;
(D) PROVISIONS TO ENSURE EQUAL OPPORTUNITY FOR ALL 8,184
DISTRICT STUDENTS IDENTIFIED AS GIFTED TO RECEIVE ANY SERVICES 8,185
OFFERED BY THE DISTRICT; 8,186
(E) PROVISIONS FOR STUDENTS TO WITHDRAW FROM GIFTED 8,188
PROGRAMS OR SERVICES, FOR REASSESSMENT OF STUDENTS, AND FOR 8,189
ASSESSMENT OF STUDENTS TRANSFERRING INTO THE DISTRICT; 8,190
(F) METHODS FOR RESOLVING DISAGREEMENTS BETWEEN PARENTS 8,192
AND THE DISTRICT CONCERNING IDENTIFICATION AND PLACEMENT 8,193
DECISIONS.
A COPY OF THE DISTRICT'S POLICY ADOPTED UNDER THIS SECTION 8,195
SHALL ACCOMPANY THE DISTRICT'S PLAN SUBMITTED TO THE DEPARTMENT 8,196
OF EDUCATION UNDER SECTION 3324.04 OF THE REVISED CODE. 8,197
Sec. 3332.05. (A) The state board of proprietary school 8,206
registration shall issue a certificate of registration to an 8,207
applicant of good reputation seeking to offer one or more 8,208
programs upon receipt of the fee established in accordance with 8,209
section 3332.07 of the Revised Code and upon determining the 8,210
applicant has the facilities, resources, and faculty to provide 8,211
students with the kind of instruction that it proposes to offer 8,212
and meets the minimum standards of the board. A certificate of 8,213
registration shall be granted or denied within one hundred twenty 8,214
days of the receipt of the application therefor by the board. A 8,215
person shall obtain a separate certificate for each location at 8,216
185
which he THE PERSON offers programs. A THE FIRST certificate of 8,218
registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS 8,219
AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS 8,220
EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF 8,221
THE REVISED CODE. ANY OTHER CERTIFICATE OF REGISTRATION is valid 8,222
for two years, unless earlier revoked for cause by the board 8,223
UNDER THAT SECTION. 8,224
(B) The board shall issue program authorization for an 8,226
associate degree, certificate, or diploma program to an applicant 8,227
holding a certificate of registration issued pursuant to division 8,228
(A) of this section upon receipt of the fee established in 8,229
accordance with section 3332.07 of the Revised Code and upon 8,230
determining the applicant has the facilities, resources, and 8,231
faculty to provide students the kind of program it proposes to 8,232
offer and meets the minimum standards of the state board. 8,233
The state board shall promptly furnish the Ohio board of 8,235
regents a copy of all applications for issuance or renewal of 8,236
program authorization to offer any associate degree program. 8,237
Prior to the issuance or renewal of such program authorization 8,238
the state board shall conduct an on-site visit of the school 8,239
proposing the program. A representative of the board of regents 8,240
shall participate in the visit. Within twenty-one days of the 8,241
on-site visit the representative of the board of regents shall 8,242
provide the state board with a written statement recommending 8,243
approval or disapproval of the application. 8,244
Any program authorization issued by the board under this 8,246
division is valid only for the specified program at the location 8,247
for which it is issued and does not cover any other program 8,248
offered at the school or at other schools operated by the owner. 8,249
Program authorization is valid for the period of time specified 8,250
by the board, unless earlier suspended or revoked for cause by 8,251
the board UNDER SECTION 3332.09 OF THE REVISED CODE. 8,252
(C) The state board shall accept and review all 8,254
applications for program authorization for baccalaureate, 8,255
186
master's, and doctoral degree programs only from schools holding 8,256
certificates of registration issued by the board that have held 8,257
such certificates for the ten previous consecutive years. After 8,258
review the board shall refer any application it finds valid to 8,259
the Ohio board of regents for approval. The board of regents 8,260
shall review, and approve or disapprove, such degree programs and 8,261
if so approved, issue certificates of authorization to such 8,262
schools to offer such degree programs pursuant to Chapter 1713. 8,263
of the Revised Code. The board of regents shall notify the state 8,264
board of proprietary school registration of each school 8,265
registered with the state board that receives a certificate of 8,266
authorization and the approval to offer any degree program. Upon 8,267
receipt of such notification and the fee established in 8,268
accordance with section 3332.07 of the Revised Code, the state 8,269
board shall review, and may issue program authorization to offer, 8,270
such a degree program. Any program authorization issued by the 8,271
board under this division is valid only for the specified program 8,272
at the location for which it is issued and does not cover any 8,273
other program offered at the school or at other schools operated 8,274
by the owner. Program authorization is valid for the period of 8,275
time specified by the board, unless earlier suspended or revoked 8,276
for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE. 8,277
The state board shall not issue such program authorization unless 8,279
the degree program has been approved by the board of regents. 8,280
(D) The board may cause an investigation to be made into 8,282
the correctness of the information submitted in any application 8,283
received under this section. If the board believes that false, 8,284
misleading, or incomplete information has been submitted to it in 8,285
connection with any application, the board shall conduct a 8,286
hearing on the matter pursuant to Chapter 119. of the Revised 8,287
Code, and may withhold a certificate of registration or program 8,288
authorization upon finding that the applicant has failed to meet 8,289
the standards for such certificate or program authorization or 8,290
has submitted false, misleading, or incomplete information to the 8,291
187
board. Application for a certificate of registration or program 8,292
authorization shall be made in writing to the board on forms 8,293
furnished by the board. A certificate of registration or 8,294
program authorization is not transferable and shall be 8,295
prominently displayed on the premises of an institution. 8,296
The board shall assign registration numbers to all schools 8,298
registered with it. Schools shall display their registration 8,299
numbers on all school publications and on all advertisements 8,300
bearing the name of the school. 8,301
Notwithstanding the requirements of this section for 8,303
issuance of certificates of registration and program 8,304
authorization, the board may, in accordance with rules adopted by 8,305
it, grant certificates of registration and program authorization 8,306
to schools, colleges, institutes, or universities that have been 8,307
approved by the state department of education pursuant to the 8,308
"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771. 8,309
Sec. 3332.07. (A) Each application for issuance and 8,318
renewal of a certificate of registration, for the issuance and 8,319
renewal of program authorization, for issuance and renewal of 8,320
agent's permits, and for any other service specified by the state 8,321
board of proprietary school registration shall be accompanied by 8,322
the required fee. Fees submitted under this section are not 8,323
returnable even if approval or renewal is denied. 8,324
(B) Fee schedules for the issuance and renewal of 8,326
certificates of registration, for the issuance and renewal of 8,327
program authorization, for issuance and renewal of agent's 8,328
permits, and for any other service specified by the board shall 8,329
be established by rule adopted by the state board. THE FEE FOR A 8,330
ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE 8,331
FOR A TWO-YEAR CERTIFICATE. 8,332
(C) If in any fiscal year the amount received in fees 8,334
under this section does not equal or exceed fifty per cent of 8,335
board expenditures for the fiscal year, the board shall increase 8,336
fees for the ensuing fiscal year by an amount estimated to be 8,337
188
sufficient to produce revenues equal to fifty per cent of 8,338
estimated expenditures for that ensuing fiscal year. 8,339
Sec. 3333.04. The Ohio board of regents shall: 8,348
(A) Make studies of state policy in the field of higher 8,350
education and formulate a master plan for higher education for 8,351
the state, considering the needs of the people, the needs of the 8,352
state, and the role of individual public and private institutions 8,353
within the state in fulfilling these needs; 8,354
(B)(1) Report annually to the governor and the general 8,356
assembly on the findings from its studies and the master plan for 8,357
higher education for the state; 8,358
(2) Report at least semiannually to the general assembly 8,360
and the governor the enrollment numbers at each state-assisted 8,361
institution of higher education. 8,362
(C) Approve or disapprove the establishment of new 8,364
branches or academic centers of state colleges and universities; 8,365
(D) Approve or disapprove the establishment of state 8,367
technical colleges or any other state institution of higher 8,368
education; 8,369
(E) Recommend the nature of the programs, undergraduate, 8,371
graduate, professional, state-financed research, and public 8,372
services which should be offered by the state colleges, 8,373
universities, and other state-assisted institutions of higher 8,374
education in order to utilize to the best advantage their 8,375
facilities and personnel; 8,376
(F) Recommend to the state colleges, universities, and 8,378
other state-assisted institutions of higher education graduate or 8,379
professional programs, including, but not limited to, doctor of 8,380
philosophy, doctor of education, and juris doctor programs, that 8,381
could be eliminated because they constitute unnecessary 8,382
duplication, as shall be determined using the process developed 8,383
pursuant to this section, or for other good and sufficient cause. 8,384
For purposes of determining the amounts of any state 8,385
instructional subsidies paid to these colleges, universities, and 8,386
189
institutions, the board may exclude students enrolled in any 8,387
program that the board has recommended for elimination pursuant 8,388
to this division except that the board shall not exclude any such 8,389
student who enrolled in the program prior to the date on which 8,390
the board initially commences to exclude students under this 8,391
division. The board of regents and these colleges, universities, 8,392
and institutions shall jointly develop a process for determining 8,393
which existing graduate or professional programs constitute 8,394
unnecessary duplication. 8,395
(G) Recommend to the state colleges, universities, and 8,397
other state-assisted institutions of higher education programs 8,398
which should be added to their present programs; 8,399
(H) Conduct studies for the state colleges, universities, 8,401
and other state-assisted institutions of higher education to 8,402
assist them in making the best and most efficient use of their 8,403
existing facilities and personnel; 8,404
(I) Make recommendations to the governor and general 8,406
assembly concerning the development of state-financed capital 8,407
plans for higher education; the establishment of new state 8,408
colleges, universities, and other state-assisted institutions of 8,409
higher education; and the establishment of new programs at the 8,410
existing state colleges, universities, and other institutions of 8,411
higher education; 8,412
(J) Review the appropriation requests of the public 8,414
community colleges and the state colleges and universities and 8,415
submit to the office of budget and management and to the 8,416
chairpersons of the finance committees of the house of 8,417
representatives and of the senate its recommendations in regard 8,418
to the biennial higher education appropriation for the state, 8,419
including appropriations for the individual state colleges and 8,420
universities and public community colleges. For the purpose of 8,421
determining the amounts of instructional subsidies to be paid to 8,422
state-assisted colleges and universities, the board shall define 8,423
"full-time equivalent student" by program per academic year. The 8,424
190
definition may take into account the establishment of minimum 8,425
enrollment levels in technical education programs below which 8,426
support allowances will not be paid. Except as otherwise 8,427
provided in this section, the board shall make no change in the 8,428
definition of "full-time equivalent student" in effect on 8,429
November 15, 1981, which would increase or decrease the number of 8,430
subsidy-eligible full-time equivalent students, without first 8,431
submitting a fiscal impact statement to the president of the 8,432
senate, the speaker of the house of representatives, the 8,433
legislative budget office of the legislative service commission, 8,434
and the director of budget and management. The board shall work 8,435
in close cooperation with the director of budget and management 8,436
in this respect and in all other matters concerning the 8,437
expenditures of appropriated funds by state colleges, 8,438
universities, and other institutions of higher education. 8,439
(K) Seek the cooperation and advice of the officers and 8,441
trustees of both public and private colleges, universities, and 8,442
other institutions of higher education in the state in performing 8,443
its duties and making its plans, studies, and recommendations; 8,444
(L) Appoint advisory committees consisting of persons 8,446
associated with public or private secondary schools, members of 8,447
the state board of education, or personnel of the state 8,448
department of education; 8,449
(M) Appoint advisory committees consisting of college and 8,451
university personnel, or other persons knowledgeable in the field 8,452
of higher education, or both, in order to obtain their advice and 8,453
assistance in defining and suggesting solutions for the problems 8,454
and needs of higher education in this state; 8,455
(N) Approve or disapprove all new degrees and new degree 8,457
programs at all state colleges, universities, and other 8,458
state-assisted institutions of higher education; 8,459
(O) Adopt such rules as are necessary to carry out its 8,461
duties and responsibilities; 8,462
(P) Establish and submit to the governor and the general 8,464
191
assembly a clear and measurable set of goals and timetables for 8,465
their achievement for each program under the supervision of the 8,466
board that is designed to accomplish any of the following: 8,467
(1) Increased access to higher education; 8,469
(2) Job training; 8,471
(3) Adult literacy; 8,473
(4) Research; 8,475
(5) Excellence in higher education; 8,477
(6) Reduction in the number of graduate programs within 8,479
the same subject area. 8,480
In July of each odd-numbered year, the board of regents 8,482
shall submit to the governor and the general assembly a report on 8,483
progress made toward these goals. 8,484
(Q) Make recommendations to the governor and the general 8,486
assembly regarding the design and funding of the student 8,487
financial aid programs specified in sections 3333.12, 3333.21 to 8,488
3333.27, and 5910.02 of the Revised Code; 8,489
(R) Participate in education-related state or federal 8,491
programs on behalf of the state and assume responsibility for the 8,492
administration of such programs in accordance with applicable 8,493
state or federal law; 8,494
(S) Adopt rules for student financial aid programs as 8,497
required by sections 3333.12, 3333.21 to 3333.27, 3333.28, 8,498
3333.29, and 5910.02 of the Revised Code, and perform any other 8,499
administrative functions assigned to the board by those sections; 8,501
(T) Administer contracts under sections 3702.74 and 8,504
3702.75 of the Revised Code in accordance with rules adopted by 8,506
the director of health under section 3702.79 of the Revised Code; 8,507
(U) REGULARLY MONITOR THE OCCUPANCY RATES OF STATE 8,509
UNIVERSITIES' DORMITORY SYSTEMS FOR THE PURPOSE OF RECOGNIZING 8,510
CIRCUMSTANCES IN WHICH THE FINANCIAL STABILITY OF THOSE 8,512
INSTITUTIONS IS THREATENED BY THE UNAVOIDABLE COSTS OF DEBT
SERVICE AND PLANT MAINTENANCE. IN CONJUNCTION WITH THE 8,513
DEVELOPMENT OF BIENNIAL APPROPRIATION RECOMMENDATIONS, THE BOARD 8,514
192
SHALL REPORT TO THE GENERAL ASSEMBLY AND THE LEGISLATIVE SERVICE 8,515
COMMISSION ITS RECOMMENDATIONS FOR FINANCIAL ASSISTANCE TO STATE 8,516
UNIVERSITIES WHOSE DORMITORY OCCUPANCY RATES ARE LESS THAN 8,517
SEVENTY-FIVE PER CENT OF DESIGNED CAPACITY AND WHOSE ABILITY TO 8,518
MAINTAIN REQUIRED DEBT PAYMENTS AND REQUIRED PLANT MAINTENANCE 8,519
MAY BE JEOPARDIZED. 8,520
(V) CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED 8,522
INSTITUTIONS OF HIGHER EDUCATION; 8,523
(W) APPOINT CONSORTIUMS OF COLLEGE AND UNIVERSITY 8,525
PERSONNEL TO PARTICIPATE IN THE DEVELOPMENT AND OPERATION OF 8,526
STATEWIDE COLLABORATIVE EFFORTS, INCLUDING THE OHIO SUPERCOMPUTER 8,527
CENTER, THE OHIO ACADEMIC RESOURCES NETWORK, OHIOLINK, AND THE 8,529
OHIO LEARNING NETWORK. FOR EACH CONSORTIUM, THE BOARD SHALL 8,530
DESIGNATE A COLLEGE OR UNIVERSITY TO SERVE AS THAT CONSORTIUM'S 8,531
FISCAL AGENT, FINANCIAL OFFICER, AND EMPLOYER. ANY FUNDS 8,532
APPROPRIATED TO THE BOARD FOR CONSORTIUMS SHALL BE DISTRIBUTED TO 8,533
THE FISCAL AGENTS FOR THE OPERATION OF THE CONSORTIUMS. A 8,534
CONSORTIUM SHALL FOLLOW THE RULES OF THE COLLEGE OR UNIVERSITY 8,535
THAT SERVES AS ITS FISCAL AGENT. 8,536
Sec. 3333.12. (A) As used in this section: 8,545
(1) "Eligible student" means an undergraduate student who 8,547
is: 8,548
(a) An Ohio resident; 8,550
(b) Enrolled in either of the following: 8,552
(i) An accredited institution of higher education in this 8,554
state that meets the requirements of Title VI of the Civil Rights 8,555
Act of 1964 and is state-assisted, is nonprofit and has a 8,556
certificate of authorization from the Ohio board of regents 8,557
pursuant to Chapter 1713. of the Revised Code, or has a 8,558
certificate of registration from the state board of proprietary 8,559
school registration and program authorization to award an 8,560
associate or bachelor's degree. Students who attend an 8,561
institution that holds a certificate of registration shall be 8,562
enrolled in a program leading to an associate or bachelor's 8,563
193
degree for which associate or bachelor's degree program the 8,564
institution has program authorization issued under section 8,565
3332.05 of the Revised Code. 8,566
(ii) A technical education program of at least two years 8,568
duration sponsored by a private institution of higher education 8,569
in this state that meets the requirements of Title VI of the 8,570
Civil Rights Act of 1964. 8,571
(c) Enrolled as a full-time student or enrolled as a less 8,573
than full-time student for the term expected to be the student's 8,575
final term of enrollment and is enrolled for the number of credit 8,576
hours necessary to complete the requirements of the program in 8,577
which the student is enrolled. 8,578
(2) "Gross income" includes all taxable and nontaxable 8,580
income of the parents, the student, and the student's spouse, 8,581
except income derived from an Ohio academic scholarship and, 8,582
income earned by the student between the last day of the spring 8,583
term and the first day of the fall term, as published by the 8,584
institution in which the student is enrolled. In the case of 8,585
self-employed persons, business expenses as defined by the Ohio 8,586
board of regents shall be subtracted from taxable and nontaxable 8,588
income. Where no gross income or inadequate gross income as 8,589
determined by the board is reported, the board shall establish a 8,590
formula for determining the means by which the family maintained 8,591
itself and translate the data into gross income for Ohio 8,592
instructional grant purposes. Family income may be verified by 8,593
supplying to the board a copy of the federal government tax 8,594
return, by authorizing access to the family federal government 8,595
income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE 8,596
BOARD. GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE 8,597
INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL 8,598
FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means 8,600
satisfactory to the board.
(3) "Resident," "full-time student," "dependent," 8,602
"financially independent," and "accredited" shall be defined by 8,603
194
rules adopted by the board. 8,604
(4) "Federal law" means the "Higher Education Amendments 8,606
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended. 8,607
(5) "Default rate" means the cohort default rate 8,609
determined by the United States secretary of education pursuant 8,610
to federal law. 8,611
(6) "School year" means the twelve months that begin on 8,613
the first day of August of a calendar year and end on the 8,614
thirty-first day of July of the following calendar year. 8,615
(B) The Ohio board of regents shall establish and 8,617
administer an instructional grant program and may adopt rules to 8,618
carry out this section. The general assembly shall support the 8,619
instructional grant program by such sums and in such manner as it 8,620
may provide, but the board may also receive funds from other 8,621
sources to support the program. If the amounts available for 8,622
support of the program are inadequate to provide grants to all 8,623
eligible students, preference in the payment of grants shall be 8,624
given in terms of income, beginning with the lowest income 8,625
category of gross income and proceeding upward by category to the 8,626
highest gross income category. 8,627
An instructional grant shall be paid to an eligible student 8,629
through the institution in which the student is enrolled, except 8,631
that no instructional grant shall be paid to any person serving a 8,632
term of imprisonment. Applications for such grants shall be made 8,634
as prescribed by the board, and such applications may be made in 8,635
conjunction with and upon the basis of information provided in 8,636
conjunction with student assistance programs funded by agencies 8,637
of the United States government or from financial resources of 8,638
the institution of higher education. The institution shall 8,639
certify that the student applicant meets the requirements set 8,640
forth in divisions (A)(1)(b) and (c) of this section. 8,641
Instructional grants shall be provided to an eligible student 8,642
only as long as the student is making appropriate progress toward 8,643
a nursing diploma or an associate or bachelor's degree. The 8,644
195
grant shall cover any two semesters, three quarters, or the 8,645
equivalent of one academic year. No student shall be eligible to 8,646
receive a grant for more than ten semesters, fifteen quarters, or 8,647
the equivalent of five academic years. A grant made to an 8,648
eligible student on the basis of less than full-time enrollment 8,649
shall be based on the number of credit hours for which the 8,650
student is enrolled and shall be computed in accordance with a 8,651
formula adopted by the board. No student shall receive more than 8,652
one grant on the basis of less than full-time enrollment. 8,653
An instructional grant shall not exceed the total 8,655
instructional and general charges of the institution. 8,656
(C) For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM 8,659
GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A 8,660
COMPARABLE PORTION OF ONE ACADEMIC YEAR. GRANT AMOUNTS FOR 8,661
ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED 8,662
UNDER DIVISION (D) OF THIS SECTION. 8,663
FOR a full-time student who is a dependent and enrolled in 8,667
a nonprofit educational institution that is not a state-assisted 8,668
institution and that has a certificate of authorization issued 8,669
pursuant to Chapter 1713. of the Revised Code, the amount of the 8,670
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 8,671
COMPARABLE PORTION OF the academic year shall be determined in 8,673
accordance with the following table:
Table of Grants 8,675
Maximum Grant $4,428 4,872 8,677
Gross Income Number of Dependents 8,678
1 2 3 4 5 or 8,685
more
Under $11,001 $4,428 $4,428 $4,428 $4,428 $4,428 8,689
$11,001 - $12,000 3,984 4,428 4,428 4,428 4,428 8,694
$12,001 - $13,000 3,534 3,984 4,428 4,428 4,428 8,699
$13,001 - $14,000 3,096 3,534 3,984 4,428 4,428 8,704
$14,001 - $15,000 2,658 3,096 3,534 3,984 4,428 8,709
$15,001 - $16,000 2,220 2,658 3,096 3,534 3,984 8,714
196
$16,001 - $17,000 1,770 2,220 2,658 3,096 3,534 8,720
$17,001 - $20,000 1,320 1,770 2,220 2,658 3,096 8,726
$20,001 - $23,000 1,092 1,320 1,770 2,220 2,658 8,732
$23,001 - $26,000 882 1,092 1,320 1,770 2,220 8,737
$26,001 - $29,000 804 882 1,092 1,320 1,770 8,742
$29,001 - $31,000 720 804 882 1,092 1,320 8,747
Over $31,000 -0- -0- -0- -0- -0- 8,748
UNDER $13,001 $4,872 $4,872 $4,872 $4,872 $4,872 8,756
$13,001 - $14,000 4,386 4,872 4,872 4,872 4,872 8,762
$14,001 - $15,000 3,888 4,386 4,872 4,872 4,872 8,768
$15,001 - $16,000 3,408 3,888 4,386 4,872 4,872 8,774
$16,001 - $17,000 2,928 3,408 3,888 4,386 4,872 8,780
$17,001 - $20,000 2,442 2,928 3,408 3,888 4,386 8,786
$20,001 - $23,000 1,944 2,442 2,928 3,408 3,888 8,792
$23,001 - $26,000 1,452 1,944 2,442 2,928 3,408 8,798
$26,001 - $29,000 1,200 1,452 1,944 2,442 2,928 8,804
$29,001 - $30,000 966 1,200 1,452 1,944 2,442 8,810
$30,001 - $31,000 882 966 1,200 1,452 1,944 8,816
$31,001 - $32,000 792 882 966 1,200 1,452 8,822
$32,001 - $33,000 396 792 882 966 1,200 8,828
$33,001 - $34,000 -0- 396 792 882 966 8,834
$34,001 - $35,000 -0- -0- 396 792 882 8,840
$35,001 - $36,000 -0- -0- -0- 396 792 8,846
$36,001 - $37,000 -0- -0- -0- -0- 396 8,852
OVER $37,000 -0- -0- -0- -0- -0- 8,858
For a full-time student who is financially independent and 8,861
enrolled in a nonprofit educational institution that is not a 8,862
state-assisted institution and that has a certificate of 8,863
authorization issued pursuant to Chapter 1713. of the Revised 8,864
Code, the amount of the instructional grant for TWO SEMESTERS, 8,866
THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year 8,867
shall be determined in accordance with the following table: 8,868
Table of Grants 8,870
Maximum Grant $4,428 4,872 8,871
197
Gross Income Number of Dependents 8,872
0 1 2 3 4 5 or 8,879
more
Under $3,601 $4,428 $4,428 $4,428 $4,428 $4,428 $4,428 8,884
$3,601 - $4,200 3,984 4,428 4,428 4,428 4,428 4,428 8,890
$4,201 - $4,700 3,534 3,984 4,428 4,428 4,428 4,428 8,896
$4,701 - $5,200 3,096 3,534 3,984 4,428 4,428 4,428 8,902
$5,201 - $5,700 2,658 3,096 3,534 3,984 4,428 4,428 8,908
$5,701 - $6,200 $ 2,220 2,658 3,096 3,534 3,984 4,428 8,914
$6,201 - $7,200 1,770 2,220 2,658 3,096 3,534 3,984 8,920
$7,201 - $8,200 1,320 1,770 2,220 2,658 3,096 3,534 8,926
$8,201 - $9,200 1,092 1,320 1,770 2,220 2,658 3,096 8,932
$9,201 - $10,700 882 1,092 1,320 1,770 2,220 2,658 8,938
$10,701 - $12,200 804 882 1,092 1,320 1,770 2,220 8,944
$12,201 - $13,700 720 804 882 1,092 1,320 1,770 8,950
$13,701 - $15,200 -0- 720 804 882 1,092 1,320 8,955
$15,201 - $18,200 -0- -0- 720 804 882 1,092 8,960
$18,201 - $21,200 -0- -0- -0- 720 804 882 8,965
$21,201 - $24,200 -0- -0- -0- -0- 720 804 8,969
$24,201 - $28,900 -0- -0- -0- -0- -0- 720 8,973
Over $28,900 -0- -0- -0- -0- -0- -0- 8,975
UNDER $4,201 $4,872 $4,872 $4,872 $4,872 $4,872 $4,872 8,984
$4,201 - $4,800 4,386 4,872 4,872 4,872 4,872 4,872 8,991
$4,801 - $5,300 3,888 4,386 4,872 4,872 4,872 4,872 8,998
$5,301 - $5,800 3,408 3,888 4,386 4,872 4,872 4,872 9,005
$5,801 - $6,300 2,928 3,408 3,888 4,386 4,872 4,872 9,012
$6,301 - $6,800 2,442 2,928 3,408 3,888 4,386 4,872 9,019
$6,801 - $7,800 1,944 2,442 2,928 3,408 3,888 4,386 9,026
$7,801 - $8,800 1,452 1,944 2,442 2,928 3,408 3,888 9,033
$8,801 - $9,800 1,200 1,452 1,944 2,442 2,928 3,408 9,040
$9,801 - $11,300 966 1,200 1,452 1,944 2,442 2,928 9,047
$11,301 - $12,800 882 966 1,200 1,452 1,944 2,442 9,054
$12,801 - $14,300 792 882 966 1,200 1,452 1,944 9,061
$14,301 - $15,800 396 792 882 966 1,200 1,452 9,068
198
$15,801 - $18,800 -0- 396 792 882 966 1,200 9,075
$18,801 - $21,800 -0- -0- 396 792 882 966 9,082
$21,801 - $24,800 -0- -0- -0- 396 792 882 9,089
$24,801 - $29,500 -0- -0- -0- -0- 396 792 9,096
$29,501 - $34,500 -0- -0- -0- -0- -0- 396 9,103
OVER $34,500 -0- -0- -0- -0- -0- -0- 9,110
For a full-time student who is a dependent and enrolled in 9,113
an educational institution that holds a certificate of 9,114
registration from the state board of proprietary school 9,115
registration, the amount of the instructional grant for TWO 9,117
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 9,118
academic year shall be determined in accordance with the
following table: 9,119
Table of Grants 9,121
Maximum Grant $3,750 4,128 9,123
Gross Income Number of Dependents 9,124
1 2 3 4 5 or 9,132
more
Under $11,001 $3,750 $3,750 $3,750 $3,750 $3,750 9,139
$11,001 - $12,000 3,384 3,750 3,750 3,750 3,750 9,144
$12,001 - $13,000 2,988 3,384 3,750 3,750 3,750 9,149
$13,001 - $14,000 2,616 2,988 3,384 3,750 3,750 9,154
$14,001 - $15,000 2,268 2,616 2,988 3,384 3,750 9,159
$15,001 - $16,000 1,860 2,268 2,616 2,988 3,384 9,164
$16,001 - $17,000 1,506 1,860 2,268 2,616 2,988 9,169
$17,001 - $20,000 1,152 1,506 1,860 2,268 2,616 9,174
$20,001 - $23,000 924 1,152 1,506 1,860 2,268 9,179
$23,001 - $26,000 738 924 1,152 1,506 1,860 9,184
$26,001 - $29,000 696 738 924 1,152 1,506 9,189
$29,001 - $31,000 612 696 738 924 1,152 9,194
Over $31,000 -0- -0- -0- -0- -0- 9,195
UNDER $13,001 $4,128 $4,128 $4,128 $4,128 $4,128 9,203
$13,001 - $14,000 3,726 4,128 4,128 4,128 4,128 9,209
$14,001 - $15,000 3,288 3,726 4,128 4,128 4,128 9,215
199
$15,001 - $16,000 2,874 3,288 3,726 4,128 4,128 9,221
$16,001 - $17,000 2,490 2,874 3,288 3,726 4,128 9,227
$17,001 - $20,000 2,046 2,490 2,874 3,288 3,726 9,233
$20,001 - $23,000 1,656 2,046 2,490 2,874 3,288 9,239
$23,001 - $26,000 1,266 1,656 2,046 2,490 2,874 9,245
$26,001 - $29,000 1,014 1,266 1,656 2,046 2,490 9,251
$29,001 - $30,000 810 1,014 1,266 1,656 2,046 9,257
$30,001 - $31,000 762 810 1,014 1,266 1,656 9,263
$31,001 - $32,000 672 762 810 1,014 1,266 9,269
$32,001 - $33,000 336 672 762 810 1,014 9,275
$33,001 - $34,000 -0- 336 672 762 810 9,281
$34,001 - $35,000 -0- -0- 336 672 762 9,287
$35,001 - $36,000 -0- -0- -0- 336 672 9,293
$36,001 - $37,000 -0- -0- -0- -0- 336 9,299
OVER $37,000 -0- -0- -0- -0- -0- 9,305
For a full-time student who is financially independent and 9,308
enrolled in an educational institution that holds a certificate 9,309
of registration from the state board of proprietary school 9,310
registration, the amount of the instructional grant for TWO 9,312
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 9,313
academic year shall be determined in accordance with the
following table: 9,314
Table of Grants 9,316
Maximum Grant $3,750 4,128 9,317
Gross Income Number of Dependents 9,318
0 1 2 3 4 5 or 9,326
more
Under $3,601 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 9,333
$3,601 - $4,200 3,384 3,750 3,750 3,750 3,750 3,750 9,338
$4,201 - $4,700 2,988 3,384 3,750 3,750 3,750 3,750 9,344
$4,701 - $5,200 2,616 2,988 3,384 3,750 3,750 3,750 9,348
$5,201 - $5,700 2,268 2,616 2,988 3,384 3,750 3,750 9,353
$5,701 - $6,200 1,860 2,268 2,616 2,988 3,384 3,750 9,358
$6,201 - $7,200 1,506 1,860 2,268 2,616 2,988 3,384 9,363
200
$7,201 - $8,200 1,152 1,506 1,860 2,268 2,616 2,988 9,369
$8,201 - $9,200 924 1,152 1,506 1,860 2,268 2,616 9,373
$9,201 - $10,700 738 924 1,152 1,506 1,860 2,268 9,378
$10,701 - $12,200 696 738 924 1,152 1,506 1,860 9,383
$12,201 - $13,700 612 696 738 924 1,152 1,506 9,388
$13,701 - $15,200 -0- 612 696 738 924 1,152 9,393
$15,201 - $18,200 -0- -0- 612 696 738 924 9,398
$18,201 - $21,200 -0- -0- -0- 612 696 738 9,403
$21,201 - $24,200 -0- -0- -0- -0- 612 696 9,407
$24,201 - $28,900 -0- -0- -0- -0- -0- 612 9,411
Over $28,900 -0- -0- -0- -0- -0- -0- 9,412
UNDER $4,201 $4,128 $4,128 $4,128 $4,128 $4,128 $4,128 9,421
$4,201 - $4,800 3,726 4,128 4,128 4,128 4,128 4,128 9,428
$4,801 - $5,300 3,288 3,726 4,128 4,128 4,128 4,128 9,435
$5,301 - $5,800 2,874 3,288 3,726 4,128 4,128 4,128 9,442
$5,801 - $6,300 2,490 2,874 3,288 3,726 4,128 4,128 9,449
$6,301 - $6,800 2,046 2,490 2,874 3,288 3,726 4,128 9,456
$6,801 - $7,800 1,656 2,046 2,490 2,874 3,288 3,726 9,463
$7,801 - $8,800 1,266 1,656 2,046 2,490 2,874 3,288 9,470
$8,801 - $9,800 1,014 1,266 1,656 2,046 2,490 2,874 9,477
$9,801 - $11,300 810 1,014 1,266 1,656 2,046 2,490 9,484
$11,301 - $12,800 762 810 1,014 1,266 1,656 2,046 9,491
$12,801 - $14,300 672 762 810 1,014 1,266 1,656 9,498
$14,301 - $15,800 336 672 762 810 1,014 1,266 9,505
$15,801 - $18,800 -0- 336 672 762 810 1,014 9,512
$18,801 - $21,800 -0- -0- 336 672 762 810 9,519
$21,801 - $24,800 -0- -0- -0- 336 672 762 9,526
$24,801 - $29,500 -0- -0- -0- -0- 336 672 9,533
$29,501 - $34,500 -0- -0- -0- -0- -0- 336 9,540
OVER $34,500 -0- -0- -0- -0- -0- -0- 9,547
For a full-time student who is a dependent and enrolled in 9,550
a state-assisted educational institution, the amount of the 9,551
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 9,553
COMPARABLE PORTION OF the academic year shall be determined in 9,554
201
accordance with the following table: 9,555
Table of Grants 9,557
Maximum Grant $1,782 1,956 9,558
Gross Income Number of Dependents 9,559
1 2 3 4 5 or 9,563
more
Under $11,001 $1,782 $1,782 $1,782 $1,782 $1,782 9,567
$11,001 - $12,000 1,602 1,782 1,782 1,782 1,782 9,572
$12,001 - $13,000 1,416 1,602 1,782 1,782 1,782 9,577
$13,001 - $14,000 1,254 1,416 1,602 1,782 1,782 9,582
$14,001 - $15,000 1,074 1,254 1,416 1,602 1,782 9,587
$15,001 - $16,000 882 1,074 1,254 1,416 1,602 9,592
$16,001 - $17,000 708 882 1,074 1,254 1,416 9,597
$17,001 - $20,000 534 708 882 1,074 1,254 9,602
$20,001 - $23,000 432 534 708 882 1,074 9,607
$23,001 - $26,000 348 432 534 708 882 9,612
$26,001 - $29,000 324 348 432 534 708 9,617
$29,001 - $31,000 294 324 348 432 534 9,622
Over $31,000 -0- -0- -0- -0- -0- 9,624
UNDER $13,001 $1,956 $1,956 $1,956 $1,956 $1,956 9,632
$13,001 - $14,000 1,764 1,956 1,956 1,956 1,956 9,638
$14,001 - $15,000 1,554 1,764 1,956 1,956 1,956 9,644
$15,001 - $16,000 1,380 1,554 1,764 1,956 1,956 9,650
$16,001 - $17,000 1,182 1,380 1,554 1,764 1,956 9,656
$17,001 - $20,000 966 1,182 1,380 1,554 1,764 9,662
$20,001 - $23,000 774 966 1,182 1,380 1,554 9,668
$23,001 - $26,000 582 774 966 1,182 1,380 9,674
$26,001 - $29,000 468 582 774 966 1,182 9,680
$29,001 - $30,000 378 468 582 774 966 9,686
$30,001 - $31,000 348 378 468 582 774 9,692
$31,001 - $32,000 318 348 378 468 582 9,698
$32,001 - $33,000 162 318 348 378 468 9,704
$33,001 - $34,000 -0- 162 318 348 378 9,710
$34,001 - $35,000 -0- -0- 162 318 348 9,716
202
$35,001 - $36,000 -0- -0- -0- 162 318 9,722
$36,001 - $37,000 -0- -0- -0- -0- 162 9,728
OVER $37,000 -0- -0- -0- -0- -0- 9,734
For a full-time student who is financially independent and 9,737
enrolled in a state-assisted educational institution, the amount 9,738
of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR 9,740
A COMPARABLE PORTION OF the academic year shall be determined in 9,742
accordance with the following table:
Table of Grants 9,744
Maximum Grant $1,782 1,956 9,745
Gross Income Number of Dependents 9,746
0 1 2 3 4 5 or 9,754
more
Under $3,601 $1,782 $1,782 $1,782 $1,782 $1,782 $1,782 9,762
$3,601 - $4,200 1,602 1,782 1,782 1,782 1,782 1,782 9,768
$4,201 - $4,700 1,416 1,602 1,782 1,782 1,782 1,782 9,774
$4,701 - $5,200 1,254 1,416 1,602 1,782 1,782 1,782 9,780
$5,201 - $5,700 1,074 1,254 1,416 1,602 1,782 1,782 9,786
$5,701 - $6,200 882 1,074 1,254 1,416 1,602 1,782 9,792
$6,201 - $7,200 708 882 1,074 1,254 1,416 1,602 9,798
$7,201 - $8,200 534 708 882 1,074 1,254 1,416 9,804
$8,201 - $9,200 432 534 708 882 1,074 1,254 9,810
$9,201 - $10,700 348 432 534 708 882 1,074 9,816
$10,701 - $12,200 324 348 432 534 708 882 9,822
$12,201 - $13,700 294 324 348 432 534 708 9,828
$13,701 - $15,200 -0- 294 324 348 432 534 9,834
$15,201 - $18,200 -0- -0- 294 324 348 432 9,840
$18,201 - $21,200 -0- -0- -0- 294 324 348 9,846
$21,201 - $24,200 -0- -0- -0- -0- 294 324 9,852
$24,201 - $28,900 -0- -0- -0- -0- -0- 294 9,858
Over $28,900 -0- -0- -0- -0- -0- -0- 9,861
UNDER $4,201 $1,956 $1,956 $1,956 $1,956 $1,956 $1,956 9,870
4,201 - $4,800 1,764 1,956 1,956 1,956 1,956 1,956 9,877
$4,801 - $5,300 1,554 1,764 1,956 1,956 1,956 1,956 9,884
203
$5,301 - $5,800 1,380 1,554 1,764 1,956 1,956 1,956 9,891
$5,801 - $6,300 1,182 1,380 1,554 1,764 1,956 1,956 9,898
$6,301 - $6,800 966 1,182 1,380 1,554 1,764 1,956 9,905
$6,801 - $7,800 774 966 1,182 1,380 1,554 1,764 9,912
$7,801 - $8,800 582 774 966 1,182 1,380 1,554 9,919
$8,801 - $9,800 468 582 774 966 1,182 1,380 9,926
$9,801 - $11,300 378 468 582 774 966 1,182 9,933
$11,301 - $12,800 348 378 468 582 774 966 9,940
$12,801 - $14,300 318 348 378 468 582 774 9,947
$14,301 - $15,800 162 318 348 378 468 582 9,954
$15,801 - $18,800 -0- 162 318 348 378 468 9,961
$18,801 - $21,800 -0- -0- 162 318 348 378 9,968
$21,801 - $24,800 -0- -0- -0- 162 318 348 9,975
$24,801 - $29,500 -0- -0- -0- -0- 162 318 9,982
$29,501 - $34,500 -0- -0- -0- -0- -0- 162 9,989
OVER $34,500 -0- -0- -0- -0- -0- -0- 9,996
(D) FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE 9,999
INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION 10,000
OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION 10,001
(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A 10,003
PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF 10,004
THAT DIVISION. THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE 10,005
ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 10,006
THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE 10,007
MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 10,008
(E) No grant shall be made to any student in a course of 10,010
study in theology, religion, or other field of preparation for a 10,011
religious profession unless such course of study leads to an 10,012
accredited bachelor of arts, bachelor of science, or associate of 10,013
arts degree. 10,014
(E)(F)(1) Except as provided in division (E)(F)(2) of this 10,017
section, no grant shall be made to any student for enrollment 10,018
during a school FISCAL year in an institution with a COHORT 10,020
default rate DETERMINED BY THE UNITED STATES SECRETARY OF 10,022
204
EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986," 10,025
100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the 10,028
fifteenth day of June preceding such school THE FISCAL year,
equal to or greater than thirty per cent for each of the 10,029
preceding two FISCAL years. 10,030
(2) Division (E)(F)(1) of this section does not apply to 10,032
the following: 10,033
(a) Any student enrolled in an institution that under THE 10,035
federal law appeals its loss of eligibility for federal financial 10,036
aid and the United States secretary of education determines its 10,037
COHORT default rate after recalculation is lower than the rate 10,038
specified in division (E)(F)(1) of this section or the secretary 10,040
determines due to mitigating circumstances the institution may 10,041
continue to participate in federal financial aid programs. The 10,042
board shall adopt rules requiring institutions to provide 10,043
information regarding an appeal to the board. 10,044
(b) Any student who has previously received a grant under 10,046
this section who meets all other requirements of this section. 10,047
(3) The board shall adopt rules for the notification of 10,050
all institutions whose students will be ineligible to participate 10,051
in the grant program pursuant to division (E)(F)(1) of this 10,052
section.
(4) A student's attendance at an institution whose 10,054
students lose eligibility for grants under division (E)(F)(1) of 10,056
this section shall not affect that student's eligibility to
receive a grant when enrolled in another institution. 10,057
(F)(G) Institutions of higher education that enroll 10,059
students receiving instructional grants under this section shall 10,060
report to the board all students who have received instructional 10,061
grants but are no longer eligible for all or part of such grants 10,062
and shall refund any moneys due the state within thirty days 10,063
after the beginning of the quarter or term immediately following 10,064
the quarter or term in which the student was no longer eligible 10,065
to receive all or part of the student's grant. There shall be an 10,067
205
interest charge of one per cent per month on all moneys due and 10,068
payable after such thirty-day period. The board shall 10,069
immediately notify the office of budget and management and the 10,070
legislative budget office of the legislative service commission 10,071
of all refunds so received. 10,072
Sec. 3333.27. As used in this section: 10,081
(A) "Eligible institution" means a nonprofit Ohio 10,083
institution of higher education that holds a certificate of 10,084
authorization issued under section 1713.02 of the Revised Code 10,085
and meets the requirements of Title VI of the Civil Rights Act of 10,086
1964. 10,087
(B) "Resident" and "full-time student" have the meanings 10,089
established for purposes of this section by rule of the Ohio 10,090
board of regents. 10,091
The board shall establish and administer a student choice 10,094
grant program and shall adopt rules for the administration of the 10,095
program.
The board may make a grant to any resident of this state 10,098
who is enrolled as a full-time student in a bachelor's degree 10,099
program at an eligible institution and maintains an academic 10,100
record that meets or exceeds the standard established pursuant to 10,101
this section by rule of the board, except that no grant shall be 10,102
made to any individual who was enrolled as a student in an 10,103
institution of higher education on or before July 1, 1984, or is 10,104
serving a term of imprisonment. The grant shall not exceed the 10,105
lesser of the total instructional and general charges of the 10,106
institution in which the student is enrolled, or an amount equal 10,107
to one-fourth of the total of any state instructional subsidy 10,108
amount distributed by the board in the second fiscal year of the 10,109
preceding biennium for all full-time students enrolled in 10,110
bachelor's degree programs at four-year state-assisted 10,111
institutions of higher education divided by the sum of the actual 10,112
number of full-time students enrolled in bachelor's degree 10,113
programs at four-year state-assisted institutions of higher 10,114
206
education reported to the board for such year by the institutions 10,115
to which the subsidy was distributed. 10,116
The board shall prescribe the form and manner of 10,118
application for grants including the manner of certification by 10,119
eligible institutions that each applicant from such institution 10,120
is enrolled in a bachelor's degree program as a full-time student 10,121
and has an academic record that meets or exceeds the standard 10,122
established by the board. 10,123
A grant awarded to an eligible student shall be paid to the 10,125
institution in which the student is enrolled, and the institution 10,126
shall reduce the student's instructional and general charges by 10,127
the amount of the grant. Each grant awarded shall be prorated 10,128
and paid in equal installments at the time of enrollment for each 10,129
term of the academic year for which the grant is awarded. No 10,130
student shall be eligible to receive a grant for more than ten 10,131
semesters, fifteen quarters, or the equivalent of five academic 10,132
years. 10,133
The receipt of an Ohio student choice grant shall not 10,135
affect a student's eligibility for assistance, or the amount of 10,136
such assistance, granted under section 3315.33, 3333.12, 3333.22, 10,137
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a 10,138
student receives assistance under one or more of such sections, 10,139
the student choice grant made to the student shall not exceed the 10,141
difference between the amount of assistance received under such 10,142
sections and the total instructional and general charges of the 10,143
institution in which the student is enrolled. 10,144
The general assembly shall support the student choice grant 10,146
program by such sums and in such manner as it may provide, but 10,147
the board may also receive funds from other sources to support 10,149
the program.
No grant shall be made to any student enrolled in a course 10,151
of study leading to a degree in theology, religion, or other 10,152
field of preparation for a religious profession UNLESS THE COURSE 10,153
OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF 10,154
207
SCIENCE DEGREE.
Institutions of higher education that enroll students 10,156
receiving grants under this section shall report to the board the 10,158
name of each student who has received such a grant but who is no 10,159
longer eligible for all or part of such grant and shall refund 10,160
all moneys due to the state within thirty days after the 10,161
beginning of the term immediately following the term in which the 10,162
student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per 10,163
month on all moneys due and payable after such thirty-day period. 10,164
The board shall immediately notify the office of budget and 10,166
management and the legislative budget office of the legislative
service commission of all refunds received. 10,167
Sec. 3345.22. (A) A student, faculty or staff member, or 10,176
employee of a college or university which THAT receives any state 10,178
funds in support thereof, arrested for any offense covered by 10,179
division (D) of section 3345.23 of the Revised Code shall be 10,180
afforded a hearing, as provided in this section, to determine 10,181
whether he THE PERSON shall be immediately suspended from such 10,183
THE college or university. Such THE hearing shall be held within 10,184
not more than five days after his THE PERSON'S arrest, subject to 10,186
reasonable continuances for good cause shown, which continuances 10,189
shall not exceed a total of ten days. 10,190
(B) The arresting authority shall immediately notify the 10,192
president of the college or university of the arrest of a 10,193
student, faculty or staff member, or employee of such THE college 10,195
or university for any offense covered by division (D) of section 10,196
3345.23 of the Revised Code, and the president shall immediately 10,197
notify the chancellor of the Ohio board of regents of such 10,199
arrest. The hearing to determine whether the person shall be
immediately suspended shall be held in the county where the 10,200
college or university is located, before a referee appointed by 10,201
the board of regents PRESIDENT. Such THE referee shall be an 10,203
attorney admitted to the practice of law in Ohio, but he THE 10,204
208
REFEREE shall not be attorney for, or a faculty or staff member 10,205
or employee of, any college or university. Immediate notice of 10,206
the time and place of such THE hearing shall be given or sent to 10,207
such THE person.
(C) The referee may administer oaths, issue subpoenas to 10,209
compel the attendance of witnesses and the production of 10,210
evidence, and enforce such THE subpoenas, as well as preserve the 10,212
order and decorum of the proceedings over which he THE REFEREE 10,213
presides, by means of contempt proceedings in the court of common 10,214
pleas as provided by law. 10,215
(D) The hearing shall be adversary in nature, and shall be 10,217
conducted fairly and impartially, but the formalities of the 10,218
criminal process are not required. A person whose suspension is 10,219
being considered has the right to be represented by counsel, but 10,220
counsel need not be furnished for him THE PERSON. Such THE 10,222
person also has the right to cross-examine witnesses against him 10,223
THE PERSON, to testify, and to present the testimony of witnesses 10,224
and other evidence in his THE PERSON'S behalf. In the absence of 10,225
a waiver of the right against compulsory self-incrimination, the 10,226
testimony of a person whose suspension is being considered, given 10,227
at such THE hearing, shall not subsequently be used in any 10,229
criminal proceeding against him THE PERSON. The referee may 10,230
require the separation of witnesses, and may bar from the 10,233
proceedings any person whose presence is not essential to such 10,234
THE proceedings, except that members of the news media shall not 10,235
be barred from such THE proceedings. 10,236
(E) Upon hearing, if the referee finds by a preponderance 10,238
of the evidence that the person whose suspension is being 10,239
considered committed any offense covered by division (D) of 10,240
section 3345.23 of the Revised Code, he THE REFEREE shall order 10,241
the person suspended, except that when the good order and 10,242
discipline of a college or university will not be prejudiced or 10,243
compromised thereby, the referee may permit the person to return 10,244
to the college or university on terms of strict disciplinary 10,245
209
probation. Subsequent violation of the terms of the probation 10,246
automatically effects a suspension. A person suspended under 10,247
this section may be readmitted pursuant to division (A) of 10,248
section 3345.23 of the Revised Code. A suspension under this 10,249
section is in effect until the person is acquitted or convicted 10,250
of the crime for which he THE PERSON was arrested. If convicted, 10,251
he THE PERSON is dismissed pursuant to section 3345.23 of the 10,252
Revised Code.
(F) Upon acquittal, or upon any final judicial 10,254
determination not resulting in conviction, of the charges for 10,255
which a person is suspended pursuant to this section, such THE 10,256
suspension automatically terminates, and the person suspended 10,257
shall be reinstated and the record of the suspension expunged 10,258
from his THE PERSON'S college or university record. 10,259
(G) An order of a referee pursuant to this section may be 10,261
appealed on questions of law and fact to the court of common 10,262
pleas of the county in which the college or university is 10,263
located, within twenty days after the date of the order. If the 10,264
court to which such AN appeal is taken determines that the good 10,265
order and discipline of a college or university will not be 10,266
prejudiced thereby, it may permit the person suspended to return 10,267
to the college or university on terms of strict disciplinary 10,268
probation. 10,269
(H) A person afforded a hearing pursuant to this section 10,271
who does not appear at the hearing shall be declared suspended by 10,272
the hearing officer. 10,273
Sec. 3770.01. (A) There is hereby created the state 10,282
lottery commission consisting of nine members appointed by the 10,283
governor with the advice and consent of the senate. No more than 10,284
five members of the commission shall be members of the same 10,285
political party. Of the additional and new appointments made to 10,286
the commission pursuant to the amendment of August 1, 1980, three 10,287
shall be for terms ending August 1, 1981, three shall be for 10,288
terms ending August 1, 1982, and three shall be for terms ending 10,289
210
August 1, 1983. Thereafter, terms of office shall be for three 10,290
years, each term ending on the same day of the same month of the 10,291
year as did the term which it succeeds. Each 10,292
(B) EACH member shall hold office from the date of 10,295
appointment until the end of the term for which the member was 10,296
appointed. The members of the commission shall represent the 10,298
various geographic regions of the state. Any member appointed to 10,299
fill a vacancy occurring prior to the expiration of the term for 10,300
which the member's predecessor was appointed shall hold office 10,302
for the remainder of such THAT term. Any member shall continue 10,304
in office subsequent to the expiration date of the member's term 10,306
until the member's successor takes office, or until a period of 10,307
sixty days has elapsed, whichever occurs first. 10,309
(C) All members of the commission shall be citizens of the 10,311
United States and residents of this state. THE MEMBERS OF THE 10,312
COMMISSION SHALL REPRESENT THE VARIOUS GEOGRAPHIC REGIONS OF THE 10,313
STATE. No member OF THE COMMISSION shall have any pecuniary 10,315
interest in any contract or license awarded by the commission. 10,316
ONE PERSON APPOINTED AS A MEMBER OF THE COMMISSION SHALL
REPRESENT AN ORGANIZATION THAT DEALS WITH PROBLEM GAMBLING AND 10,317
ASSISTS RECOVERING GAMBLING ADDICTS. Each person appointed as a 10,318
member of the commission, EXCEPT THE MEMBER APPOINTED AS A 10,320
REPRESENTATIVE OF AN ORGANIZATION THAT DEALS WITH PROBLEM 10,321
GAMBLING AND ASSISTS RECOVERING GAMBLING ADDICTS, shall have 10,323
prior experience or education in business administration, 10,324
management, sales, marketing, or advertising.
(D) The commission shall elect annually one of its members 10,326
to serve as chairperson for a term of one year. Election as 10,328
chairperson shall not extend a member's appointive term. Each 10,329
member of the commission shall receive an annual salary of five 10,330
thousand dollars, payable in monthly installments. Each member 10,331
OF THE COMMISSION ALSO shall also receive THE MEMBER'S actual and 10,333
necessary expenses incurred in the discharge of THE MEMBER'S
official duties. 10,334
211
(E) Each member of the commission, before entering upon 10,336
the discharge of THE MEMBER'S official duties, shall give a bond, 10,337
payable to the treasurer of state, in the sum of ten thousand 10,340
dollars with sufficient sureties to be approved by the treasurer 10,341
of state, which bond shall be filed with the secretary of state. 10,342
(F) The governor may remove any member of the commission 10,344
for malfeasance, misfeasance, or nonfeasance in office, giving 10,345
such THE member a copy of the charges against the member and 10,347
affording the member an opportunity to be publicly heard in 10,349
person or by counsel in the member's own defense upon not less 10,351
than ten days' notice. If such THE member is removed, the 10,353
governor shall file in the office of the secretary of state a 10,354
complete statement of all charges made against the member and the 10,355
governor's finding thereon ON THE CHARGES, together with a 10,357
complete report of the proceedings, and the governor's decision 10,358
thereon ON THE CHARGES is final.
(G) The commission shall maintain offices at locations in 10,360
the state as it may deem CONSIDER necessary for the efficient 10,361
performance of its functions. The director shall maintain an 10,363
office in Columbus to coordinate the activities of the state 10,364
lottery commission with other state departments. 10,365
Sec. 3770.06. (A) There is hereby created the state 10,374
lottery gross revenue fund, which shall be in the custody of the 10,375
treasurer of state but shall not be part of the state treasury. 10,376
All gross revenues received from sales of lottery tickets, fines, 10,377
fees, and related proceeds shall be deposited into the fund. The 10,378
treasurer of state shall invest any portion of the fund not 10,379
needed for immediate use in the same manner as, and subject to 10,380
all provisions of law with respect to the investment of, state 10,381
funds. The treasurer of state shall disburse money from the fund 10,382
on order of the director of the state lottery commission or the 10,383
director's designee. All revenues of the state lottery gross 10,384
revenue fund that are not paid to holders of winning lottery 10,385
tickets, that are not required to meet short-term prize 10,386
212
liabilities, that are not paid to lottery sales agents in the 10,387
form of agent bonuses, commissions, or reimbursements, and that 10,388
are not paid to financial institutions to reimburse such 10,389
institutions for sales agent nonsufficient funds shall be 10,390
transferred to the state lottery fund, which is hereby created in 10,391
the state treasury. All investment earnings of the fund shall be 10,392
credited to the fund. Moneys shall be disbursed from the state 10,393
lottery fund pursuant to vouchers approved by the director of the 10,394
state lottery commission. Total disbursements for monetary prize 10,395
awards to holders of winning lottery tickets and purchases of 10,396
goods and services awarded as prizes to holders of winning 10,397
lottery tickets shall be of an amount equal to at least fifty per 10,398
cent of the total revenue accruing from the sale of lottery 10,399
tickets.
(B) Pursuant to Section 6 of Article XV, Ohio 10,401
Constitution, there is hereby established in the state treasury 10,402
the lottery profits education fund. Whenever, in the judgment of 10,403
the director of budget and management, the amount to the credit 10,404
of the state lottery fund is in excess of that needed to meet the 10,405
maturing obligations of the commission and as working capital for 10,406
its further operations, the director shall transfer the excess to 10,408
the lottery profits education fund, provided that the amount to
be transferred into the lottery profits education fund shall 10,409
equal no less than thirty per cent of the total revenue accruing 10,410
from the sale of lottery tickets. Investment earnings of the 10,411
lottery profits education fund shall be credited to the fund. 10,412
There shall also be credited to the fund any repayments of moneys 10,413
loaned from the educational excellence investment fund. The 10,414
lottery profits education fund shall be used solely for the 10,415
support of elementary, secondary, vocational, and special 10,416
education programs as determined in appropriations made by the 10,417
general assembly. When determining the availability of money in 10,418
the lottery profits education fund, the director of budget and 10,419
management may consider all balances and estimated revenues of 10,420
213
the fund. 10,421
From the amounts that the director of budget and management 10,423
transfers in any fiscal year from the state lottery fund to the 10,424
lottery profits education fund, the director shall transfer the 10,426
initial ten million dollars of such amounts from the lottery
profits education fund to the school building program bond 10,427
service fund created in division (R) of section 3318.26 of the 10,428
Revised Code to be pledged for the purpose of paying bond service 10,429
charges as defined in division (C) of section 3318.21 of the 10,430
Revised Code on one or more issuances of obligations, which 10,431
obligations are issued to provide moneys for the school building 10,432
program assistance fund created in section 3318.25 of the Revised 10,433
Code.
(C) There is hereby established in the state treasury the 10,435
deferred prizes trust fund. With the approval of the director of 10,436
budget and management, an amount sufficient to fund annuity 10,437
prizes shall be transferred from the state lottery fund and 10,438
credited to the trust fund. The treasurer of state shall credit 10,440
all earnings arising from investments purchased under this
division to the fund. Within sixty days after the end of each 10,441
fiscal year, the director of budget and management shall certify 10,442
the amount of investment earnings necessary to have been credited 10,443
to the trust fund during the fiscal year just ending to provide 10,444
for continued funding of deferred prizes. Any earnings credited 10,445
in excess of this certified amount shall be transferred to the 10,446
lottery profits education fund. To provide all or a part of the 10,447
amounts necessary to fund deferred prizes awarded by the 10,448
commission, the treasurer of state, in consultation with the 10,449
commission, may invest moneys contained in the deferred prizes 10,450
trust fund in accordance with section 135.143 of the Revised Code 10,452
OBLIGATIONS OF THE TYPE PERMITTED FOR THE INVESTMENT OF STATE
FUNDS BUT WHOSE MATURITIES ARE THIRTY YEARS OR LESS. INVESTMENTS 10,453
OF THE DEFERRED PRIZES TRUST FUND ARE NOT SUBJECT TO THE 10,454
PROVISIONS OF DIVISION (A)(10) OF SECTION 135.143 OF THE REVISED 10,455
214
CODE LIMITING TO FIVE PER CENT THE AMOUNT OF THE STATE'S TOTAL 10,456
AVERAGE PORTFOLIO THAT MAY BE INVESTED IN DEBT INTERESTS AND 10,457
LIMITING TO ONE HALF OF ONE PER CENT THE AMOUNT THAT MAY BE
INVESTED IN DEBT INTERESTS OF A SINGLE ISSUER. 10,458
All purchases made under this division shall be effected on 10,460
a delivery versus payment method and shall be in the custody of 10,461
the treasurer of state. 10,462
The treasurer of state may retain an investment advisor, if 10,464
necessary. The commission shall pay any costs incurred by the 10,465
treasurer of state in retaining an investment advisor. 10,466
(D) The auditor of state shall conduct annual audits of 10,469
all funds and such other audits as the auditor of state or the 10,470
general assembly considers necessary. The auditor of state may
examine all records, files, and other documents of the 10,471
commission, and such records of lottery sales agents as pertain 10,472
to their activities as agents, for purposes of conducting 10,473
authorized audits.
The state lottery commission shall establish an internal 10,475
audit program before the beginning of each fiscal year, subject 10,476
to the approval of the auditor of state. At the end of each 10,477
fiscal year, the commission shall prepare and submit an annual 10,478
report to the auditor of state for the auditor of state's review 10,479
and approval, specifying the internal audit work completed by the 10,480
end of that fiscal year and reporting on compliance with the
annual internal audit program. The form and content of the 10,481
report shall be prescribed by the auditor of state under division 10,482
(C) of section 117.20 of the Revised Code. 10,483
Sec. 4117.101. Notwithstanding sections 4117.08 and 10,492
4117.10 of the Revised Code, no agreement entered into under this 10,493
chapter may contain any provision that in any way limits the 10,494
effect or operation of Chapter 3314. of the Revised Code or 10,495
limits the authority of a school district board of education, OR 10,496
THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN
DIVISION (C)(1)(e) OF SECTION 3314.02 OF THE REVISED CODE, to 10,498
215
enter into a contract with a community school under that chapter. 10,499
However, nothing in this section shall be construed to prohibit 10,500
an agreement entered into under this chapter from containing 10,501
requirements and procedures governing the reassignment of 10,502
teachers who are employed in a school at the time it is converted 10,503
to a community school pursuant to Chapter 3314. of the Revised 10,504
Code and who do not choose or are not chosen to teach in that 10,506
community school.
Sec. 5705.29. The tax budget shall present the following 10,515
information in such detail as is prescribed by the auditor of 10,516
state, unless an alternative form of the budget is permitted 10,517
under section 5705.281 of the Revised Code: 10,518
(A)(1) A statement of the necessary current operating 10,520
expenses for the ensuing fiscal year for each department and 10,521
division of the subdivision, classified as to personal services 10,522
and other expenses, and the fund from which such expenditures are 10,523
to be made. Except in the case of a school district, this 10,524
estimate may include a contingent expense not designated for any 10,525
particular purpose, and not to exceed three per cent of the total 10,526
amount of appropriations for current expenses. In the case of a 10,527
school district, this estimate may include a contingent expense 10,528
not designated for any particular purpose and not to exceed 10,529
thirteen per cent of the total amount of appropriations for 10,530
current expenses. 10,531
(2) A statement of the expenditures for the ensuing fiscal 10,533
year necessary for permanent improvements, exclusive of any 10,534
expense to be paid from bond issues, classified as to the 10,535
improvements contemplated by the subdivision and the fund from 10,536
which such expenditures are to be made; 10,537
(3) The amounts required for the payment of final 10,539
judgments; 10,540
(4) A statement of expenditures for the ensuing fiscal 10,542
year necessary for any purpose for which a special levy is 10,543
authorized, and the fund from which such expenditures are to be 10,544
216
made; 10,545
(5) Comparative statements, so far as possible, in 10,547
parallel columns of corresponding items of expenditures for the 10,548
current fiscal year and the two preceding fiscal years. 10,549
(B)(1) An estimate of receipts from other sources than the 10,551
general property tax during the ensuing fiscal year, which shall 10,552
include an estimate of unencumbered balances at the end of the 10,553
current fiscal year, and the funds to which such estimated 10,554
receipts are credited; 10,555
(2) The amount each fund requires from the general 10,557
property tax, which shall be the difference between the 10,558
contemplated expenditure from the fund and the estimated 10,559
receipts, as provided in this section. The section of the 10,560
Revised Code under which the tax is authorized shall be set 10,561
forth. 10,562
(3) Comparative statements, so far as possible, in 10,564
parallel columns of taxes and other revenues for the current 10,565
fiscal year and the two preceding fiscal years. 10,566
(C)(1) The amount required for debt charges; 10,568
(2) The estimated receipts from sources other than the tax 10,570
levy for payment of such debt charges, including the proceeds of 10,571
refunding bonds to be issued to refund bonds maturing in the next 10,572
succeeding fiscal year; 10,573
(3) The net amount for which a tax levy shall be made, 10,575
classified as to bonds authorized and issued prior to January 1, 10,576
1922, and those authorized and issued subsequent to such date, 10,577
and as to what portion of the levy will be within and what in 10,578
excess of the ten-mill limitation. 10,579
(D) An estimate of amounts from taxes authorized to be 10,581
levied in excess of the ten-mill limitation on the tax rate, and 10,582
the fund to which such amounts will be credited, together with 10,583
the sections of the Revised Code under which each such tax is 10,584
exempted from all limitations on the tax rate. 10,585
(E)(1) A board of education may include in its budget for 10,587
217
the fiscal year in which a levy proposed under section 5705.194, 10,588
5705.21, or 5705.213, or the original levy under section 5705.212 10,589
of the Revised Code is first extended on the tax list and 10,590
duplicate an estimate of expenditures to be known as a voluntary 10,591
contingency reserve balance, which shall not be greater than 10,592
twenty-five per cent of the total amount of the levy estimated to 10,593
be available for appropriation in such year. 10,594
(2) A board of education may include in its budget for the 10,596
fiscal year following the year in which a levy proposed under 10,597
section 5705.194, 5705.21, or 5705.213, or the original levy 10,598
under section 5705.212 of the Revised Code is first extended on 10,599
the tax list and duplicate an estimate of expenditures to be 10,600
known as a voluntary contingency reserve balance, which shall not 10,601
be greater than twenty per cent of the amount of the levy 10,602
estimated to be available for appropriation in such year. 10,603
(3) Except as provided in division (E)(4) of this section, 10,605
the full amount of any reserve balance the board includes in its 10,606
budget shall be retained by the county auditor and county 10,607
treasurer out of the first semiannual settlement of taxes until 10,608
the beginning of the next succeeding fiscal year, and thereupon, 10,609
with the depository interest apportioned thereto, it shall be 10,610
turned over to the board of education, to be used for the 10,611
purposes of such fiscal year. 10,612
(4) A board of education, by a two-thirds vote of all 10,614
members of the board, may appropriate any amount withheld as a 10,615
voluntary contingency reserve balance during the fiscal year for 10,616
any lawful purpose, provided that prior to such appropriation the 10,617
board of education has authorized the expenditure of all amounts 10,618
appropriated for contingencies under section 5705.40 of the 10,619
Revised Code. Upon request by the board of education, the county 10,620
auditor shall draw a warrant on the district's account in the 10,621
county treasury payable to the district in the amount requested. 10,622
(F)(1) A board of education may include a spending reserve 10,624
in its budget for fiscal years ending on or before June 30, 2002. 10,626
218
The spending reserve shall consist of an estimate of expenditures 10,627
not to exceed the district's spending reserve balance. A 10,628
district's spending reserve balance is the amount by which the 10,629
designated percentage of the district's estimated personal 10,630
property taxes to be settled during the calendar year in which 10,631
the fiscal year ends exceeds the estimated amount of personal 10,632
property taxes to be so settled and received by the district 10,633
during that fiscal year. Moneys from a spending reserve shall be 10,634
appropriated in accordance with section 133.301 of the Revised 10,635
Code. 10,636
(2) For the purposes of computing a school district's 10,638
spending reserve balance for a fiscal year, the designated 10,639
percentage shall be as follows: 10,640
Fiscal year ending in: Designated percentage 10,643
1998 50% 10,645
1999 40% 10,646
2000 30% 10,647
2001 20% 10,648
2002 10% 10,649
(G) Except as otherwise provided in this division, the 10,652
county budget commission shall not reduce the taxing authority of 10,653
a subdivision as a result of the creation of a reserve balance 10,654
account. Except as otherwise provided in this division, the 10,655
county budget commission shall not consider the amount in a 10,656
reserve balance account of a township, county, or municipal 10,657
corporation as an unencumbered balance or as revenue for the 10,658
purposes of division (E)(3) or (4) of section 5747.51 or division 10,659
(E)(3) or (4) of section 5747.62 of the Revised Code. The county 10,660
budget commission may require documentation of the reasonableness 10,661
of the reserve balance held in any reserve balance account. The 10,662
commission shall consider any amount in a reserve balance account 10,663
that it determines to be unreasonable as unencumbered and as 10,664
revenue for the purposes of sections 5747.51 and 5747.62 of the
Revised Code and may take such amounts into consideration when 10,666
219
determining whether to reduce the taxing authority of a
subdivision.
(H)(1) Each board of education shall include in its tax 10,668
budget and shall establish a reserve balance account to 10,670
accumulate currently available resources to stabilize the school
district's budget against cyclical changes in revenues and 10,671
expenditures. The balance in the reserve balance account shall 10,672
not at any time be less than five per cent of general fund 10,674
revenues for the most recently concluded fiscal year, except as 10,675
provided in division (H)(2) or (3) of this section, and except 10,676
for deficiencies arising from the appropriation of money from the 10,677
account for unanticipated deficiencies in revenue or other 10,679
emergencies pursuant to a resolution adopted by two-thirds of the 10,680
membership of the board of education specifying the reason for 10,681
the appropriation. The auditor of state and the superintendent
of public instruction jointly shall adopt rules governing 10,682
conditions that constitute unanticipated deficiencies in revenue 10,683
or emergencies for which appropriations may be made from a 10,684
reserve balance account. The rules also shall provide that a 10,685
board of education that borrows against its spending reserve 10,687
established in its tax budget for a fiscal year under division 10,688
(F) of this section is not subject to division (H)(2) of this 10,689
section for that fiscal year. A board of education shall not 10,690
appropriate money from a reserve balance account without filing a 10,692
schedule for replenishing the account with the superintendent of 10,693
public instruction and receiving approval of the schedule from 10,694
the superintendent of public instruction. 10,695
(2)(a) Beginning with the fiscal year ending in 1999 and 10,697
continuing each fiscal year until the balance in the reserve 10,698
balance account equals five per cent of the district's revenues 10,700
received for current expenses for the preceding fiscal year, if 10,701
the growth in a district's total revenues received for current
expenses from one fiscal year to the next is AT LEAST three per 10,702
cent or more, the board of education shall credit to its reserve 10,704
220
balance account, from the general fund or from other sources that 10,706
may lawfully be credited to the general fund, an amount not less 10,707
than one per cent of the revenue received for current expenses 10,708
for the fiscal year, at which time the balance in the reserve 10,709
balance account shall be maintained THAT, WHEN ADDED TO THE 10,710
ACCOUNT BALANCE, IS NOT LESS THAN: 10,711
(i) ONE PER CENT OF REVENUES RECEIVED FOR CURRENT EXPENSES 10,713
FOR THE PRIOR FISCAL YEAR; PLUS 10,714
(ii) THE SUM OF THE AMOUNTS CREDITED UNDER THIS SECTION 10,716
FOR ALL FISCAL YEARS THAT AMOUNTS WERE REQUIRED TO BE CREDITED 10,717
UNDER THIS SECTION.
EACH BOARD SHALL MAINTAIN THE BALANCE IN THE DISTRICT'S 10,719
RESERVE BALANCE ACCOUNT AT NOT LESS THAN FIVE PER CENT OF THE 10,720
DISTRICT'S REVENUES RECEIVED FOR CURRENT EXPENSES FOR THE 10,721
PRECEDING FISCAL YEAR, EXCEPT as otherwise required AUTHORIZED 10,722
under division (H)(1) of this section. 10,723
(b) NOTWITHSTANDING DIVISION (H)(2)(a) OF THIS SECTION, IN 10,726
NO YEAR SHALL A BOARD BE REQUIRED TO CREDIT TO ITS RESERVE 10,727
BALANCE ACCOUNT MORE THAN ONE PER CENT OF REVENUES RECEIVED FOR
CURRENT EXPENSES FOR THE PRIOR FISCAL YEAR. 10,728
(3) The balance in the reserve balance account of a school 10,731
district may be less than five per cent of the general fund 10,732
revenue for the most recently concluded fiscal year in any fiscal 10,733
year in which the school district is in a state of fiscal watch 10,734
or fiscal emergency pursuant to section 3316.03 of the Revised 10,735
Code.
(4) Notwithstanding any provision to the contrary in 10,737
Chapter 4117. of the Revised Code, the requirements of division 10,738
(H) of this section prevail over any conflicting provisions of 10,740
agreements between employee organizations and public employers 10,741
entered into after November 21, 1997. 10,742
(5) Notwithstanding division (H)(2) of this section, a 10,744
school district may, pursuant to rules adopted by the auditor of 10,745
state, credit less than one per cent of its prior year's revenue 10,746
221
received for current expenses into its reserve balance account. 10,747
(6) A SCHOOL DISTRICT BOARD MAY APPLY TO THE STATE 10,756
SUPERINTENDENT OF PUBLIC INSTRUCTION FOR A ONE-TIME WAIVER OF THE 10,757
DEPOSIT REQUIREMENTS OF DIVISION (H)(2) OF THIS SECTION WHEN IT 10,759
DETERMINES THAT MEETING THE REQUIREMENTS IN THE CURRENT OR NEXT 10,760
FISCAL YEAR WOULD CAUSE THE DISTRICT TO REDUCE OR ELIMINATE 10,761
IMPORTANT EDUCATIONAL SERVICES. THE DISTRICT SHALL APPLY IN THE 10,762
FORM AND MANNER REQUIRED BY THE STATE SUPERINTENDENT, AND THE
APPLICATION MAY REQUEST A WAIVER OF ALL OR PART OF THE DEPOSIT 10,763
REQUIRED FOR THE CURRENT OR NEXT FISCAL YEAR. THE STATE 10,764
SUPERINTENDENT MAY GRANT A WAIVER IF THE STATE SUPERINTENDENT AND 10,765
THE AUDITOR OF STATE DETERMINE THAT MEETING THE REQUIREMENT IN 10,766
THE CURRENT OR NEXT FISCAL YEAR WOULD CAUSE THE SCHOOL DISTRICT 10,767
TO REDUCE OR ELIMINATE IMPORTANT EDUCATIONAL SERVICES. A WAIVER 10,768
MAY ENTIRELY EXEMPT THE DISTRICT FROM MAKING ANY DEPOSIT INTO ITS 10,770
RESERVE BALANCE ACCOUNT DURING THE CURRENT OR NEXT FISCAL YEAR
OR, REGARDLESS OF WHETHER THE DISTRICT BOARD APPLIED FOR A WAIVER 10,771
OF THE ENTIRE DEPOSIT, MAY SIMPLY REDUCE THE AMOUNT OF THE 10,772
DEPOSIT OTHERWISE REQUIRED DURING THE CURRENT OR NEXT FISCAL YEAR 10,773
BY DIVISION (H)(2) OF THIS SECTION. A WAIVER IS VALID FOR ONE 10,774
FISCAL YEAR: EITHER THE FISCAL YEAR IN WHICH THE DISTRICT BOARD 10,775
APPLIED FOR IT OR THE IMMEDIATELY FOLLOWING FISCAL YEAR. A
DISTRICT BOARD MAY RECEIVE ONLY ONE WAIVER UNDER DIVISION (H)(6) 10,776
OF THIS SECTION. SEC. 5705.412. NOTWITHSTANDING SECTION 5705.41 10,778
OF THE REVISED CODE, NO SCHOOL DISTRICT SHALL ADOPT ANY 10,779
APPROPRIATION MEASURE, MAKE ANY CONTRACT, GIVE ANY ORDER 10,780
INVOLVING THE EXPENDITURE OF MONEY, OR INCREASE DURING ANY SCHOOL 10,781
YEAR ANY WAGE OR SALARY SCHEDULE UNLESS THERE IS ATTACHED THERETO 10,782
A CERTIFICATE SIGNED BY THE TREASURER AND PRESIDENT OF THE BOARD 10,783
OF EDUCATION AND THE SUPERINTENDENT THAT THE SCHOOL DISTRICT HAS 10,784
IN EFFECT FOR THE REMAINDER OF THE FISCAL YEAR AND THE SUCCEEDING 10,785
FISCAL YEAR THE AUTHORIZATION TO LEVY TAXES INCLUDING THE RENEWAL 10,786
OR REPLACEMENT OF EXISTING LEVIES WHICH, WHEN COMBINED WITH THE 10,787
ESTIMATED REVENUE FROM ALL OTHER SOURCES AVAILABLE TO THE 10,788
222
DISTRICT AT THE TIME OF CERTIFICATION, ARE SUFFICIENT TO PROVIDE 10,789
THE OPERATING REVENUES NECESSARY TO ENABLE THE DISTRICT TO 10,790
MAINTAIN ALL PERSONNEL, PROGRAMS, AND SERVICES ESSENTIAL TO THE 10,792
PROVISION OF AN ADEQUATE EDUCATIONAL PROGRAM FOR ALL THE DAYS SET
FORTH IN ITS ADOPTED SCHOOL CALENDARS FOR THE CURRENT FISCAL YEAR 10,793
AND FOR A NUMBER OF DAYS IN THE SUCCEEDING FISCAL YEAR EQUAL TO 10,794
THE NUMBER OF DAYS INSTRUCTION WAS HELD OR IS SCHEDULED FOR THE 10,795
CURRENT FISCAL YEAR. HOWEVER, A CERTIFICATE ATTACHED TO AN 10,797
APPROPRIATION MEASURE UNDER THIS SECTION SHALL COVER ONLY THE 10,798
FISCAL YEAR IN WHICH THE APPROPRIATION MEASURE IS EFFECTIVE AND 10,799
SHALL NOT CONSIDER THE RENEWAL OR REPLACEMENT OF AN EXISTING LEVY 10,800
AS THE AUTHORITY TO LEVY TAXES THAT ARE SUBJECT TO APPROPRIATION 10,801
IN THE CURRENT FISCAL YEAR UNLESS THE RENEWAL OR REPLACEMENT LEVY 10,802
HAS BEEN APPROVED BY THE ELECTORS AND IS SUBJECT TO APPROPRIATION 10,803
IN THE CURRENT FISCAL YEAR. IN ADDITION, A CERTIFICATE ATTACHED, 10,805
IN ACCORDANCE WITH THIS SECTION, TO ANY CONTRACT SHALL COVER THE 10,806
TERM OF THE CONTRACT OR THE CURRENT FISCAL YEAR PLUS THE TWO 10,807
IMMEDIATELY SUCCEEDING FISCAL YEARS, WHICHEVER PERIOD OF YEARS IS 10,808
GREATER. IF THE BOARD OF EDUCATION HAS NOT ADOPTED A SCHOOL 10,810
CALENDAR FOR THE SCHOOL YEAR BEGINNING ON THE FIRST DAY OF THE 10,811
FISCAL YEAR IN WHICH A CERTIFICATE IS REQUIRED, THE CERTIFICATE 10,812
ATTACHED TO AN APPROPRIATION MEASURE SHALL INCLUDE THE NUMBER OF 10,813
DAYS ON WHICH INSTRUCTION WAS HELD IN THE PRECEDING FISCAL YEAR 10,814
AND OTHER CERTIFICATES REQUIRED UNDER THIS SECTION SHALL INCLUDE 10,815
THAT NUMBER OF DAYS FOR THE FISCAL YEAR IN WHICH THE CERTIFICATE 10,816
IS REQUIRED AND THE SUCCEEDING FISCAL YEAR. EVERY CONTRACT MADE, 10,817
ORDER GIVEN, OR SCHEDULE ADOPTED OR PUT INTO EFFECT WITHOUT SUCH 10,818
A CERTIFICATE SHALL BE VOID, AND NO PAYMENT OF ANY AMOUNT DUE 10,819
THEREON SHALL BE MADE. THE DEPARTMENT OF EDUCATION AND THE 10,820
AUDITOR OF STATE JOINTLY SHALL DEVELOP RULES GOVERNING THE 10,821
METHODS BY WHICH TREASURERS, PRESIDENTS OF BOARDS OF EDUCATION, 10,822
AND SUPERINTENDENTS SHALL ESTIMATE REVENUE AND DETERMINE WHETHER 10,823
SUCH REVENUE IS SUFFICIENT TO PROVIDE NECESSARY OPERATING REVENUE 10,825
FOR THE PURPOSE OF MAKING CERTIFICATIONS REQUIRED BY THIS 10,826
223
SECTION.
The auditor of state shall be responsible for determining 10,829
whether school districts are in compliance with this section. At 10,831
the time a school district is audited pursuant to section 117.11 10,832
of the Revised Code, the auditor of state shall review each 10,833
certificate issued under this section since the district's last 10,834
audit, and the appropriation measure, contract, order, or wage 10,835
and salary schedule to which such certificate was attached. This 10,836
provision shall not preclude any court from making a 10,837
determination regarding compliance with this section. If 10,838
noncompliance is determined, the provisions of section 117.28 of 10,839
the Revised Code shall have effect. 10,840
The treasurer shall forward a copy of each certificate of 10,842
available resources required under this section to the auditor of 10,843
any county in which a part of the district is located. The 10,844
county auditor shall not distribute property taxes or any payment 10,845
under Chapter 3317. of the Revised Code to a school district that 10,846
has not forwarded copies of all such certificates. If a county 10,847
auditor determines that a copy of a certificate has not been 10,848
forwarded as required, or has reason to believe that a 10,849
certificate for which a copy has been forwarded contains false 10,850
statements or that a certificate has not been signed and attached 10,851
to an appropriation measure, contract, order, or wage and salary 10,852
schedule as required by this section, the auditor shall provide 10,853
immediate written notification to the superintendent of public 10,854
instruction. In the case of a certificate which the auditor has 10,855
reason to believe contains false information or the failure to 10,856
sign and attach a certificate as required, the auditor shall also 10,857
provide immediate written notification to the auditor of state 10,858
and the county prosecuting attorney, city director of law, or 10,859
other chief law officer of the district. 10,860
This section does not apply to any contract, order, or 10,862
increase in any wage or salary schedule that is necessary in 10,863
order to enable a board of education to comply with division (B) 10,864
224
of section 3317.13 of the Revised Code, provided the contract, 10,865
order, or increase does not exceed the amount required to be paid 10,866
to be in compliance with such division. 10,867
Any officer, employee, or other person who knowingly 10,869
expends or authorizes the expenditure of any public funds or 10,870
knowingly authorizes or executes any contract, order, or schedule 10,871
contrary to this section, knowingly expends or authorizes the 10,872
expenditure of any public funds on the void contract, order, or 10,873
schedule, or knowingly issues a certificate under this section 10,874
which contains any false statements is liable to the school 10,875
district for the full amount paid from the district's funds on 10,876
the contract, order, or schedule. The officer, employee, or 10,877
other person is jointly and severally liable in person and upon 10,878
any official bond that the officer, employee, or other person has 10,880
given to the school district to the extent of any payments on the 10,881
void claim, not to exceed twenty thousand dollars. However, no 10,882
officer, employee, or other person shall be liable for a mistaken 10,883
estimate of available resources made in good faith and based upon 10,884
reasonable grounds. If an officer, employee, or other person is 10,885
found to have complied with rules adopted by the department of 10,886
education under this section governing methods by which revenue 10,887
shall be estimated and determined sufficient to provide necessary 10,888
operating revenue for the purpose of making certifications 10,889
required by this section, the officer, employee, or other person 10,890
shall not be liable under this section if the estimates and 10,891
determinations made according to those rules do not, in fact, 10,892
conform with actual revenue. The prosecuting attorney of the 10,894
county, the city director of law, or other chief law officer of 10,895
the district shall enforce this liability by civil action brought 10,896
in any court of appropriate jurisdiction in the name of and on 10,897
behalf of the school district. If the prosecuting attorney, city 10,898
director of law, or other chief law officer of the district 10,899
fails, upon the written request of any taxpayer, to institute 10,900
action for the enforcement of the liability, the taxpayer may 10,901
225
institute the action in the taxpayer's own name in behalf of the 10,903
subdivision.
This section does not require the attachment of an 10,905
additional certificate beyond that required by section 5705.41 of 10,906
the Revised Code for any purchase order, for current payrolls of, 10,907
or contracts of employment with, regular employees or officers. 10,908
This section does not require the attachment of a 10,910
certificate to a temporary appropriation measure if all of the 10,911
following apply: 10,912
(A) The amount appropriated does not exceed twenty-five 10,914
per cent of the total amount from all sources available for 10,915
expenditure from any fund during the preceding fiscal year; 10,916
(B) The measure will not be in effect on or after the 10,918
thirtieth day following the earliest date on which the district 10,919
may pass an annual appropriation measure; 10,920
(C) An amended official certificate of estimated resources 10,922
for the current year, if required, has not been certified to the 10,923
board of education under division (B) of section 5705.36 of the 10,924
Revised Code. 10,925
Sec. 5747.01. Except as otherwise expressly provided or 10,934
clearly appearing from the context, any term used in this chapter 10,935
has the same meaning as when used in a comparable context in the 10,936
Internal Revenue Code, and all other statutes of the United 10,937
States relating to federal income taxes. 10,938
As used in this chapter: 10,940
(A) "Adjusted gross income" or "Ohio adjusted gross 10,942
income" means adjusted gross income as defined and used in the 10,943
Internal Revenue Code, adjusted as provided in divisions (A)(1) 10,945
to (17) of this section:
(1) Add interest or dividends on obligations or securities 10,947
of any state or of any political subdivision or authority of any 10,948
state, other than this state and its subdivisions and 10,949
authorities.
(2) Add interest or dividends on obligations of any 10,951
226
authority, commission, instrumentality, territory, or possession 10,952
of the United States that are exempt from federal income taxes 10,953
but not from state income taxes. 10,954
(3) Deduct interest or dividends on obligations of the 10,956
United States and its territories and possessions or of any 10,957
authority, commission, or instrumentality of the United States to 10,958
the extent included in federal adjusted gross income but exempt 10,959
from state income taxes under the laws of the United States. 10,960
(4) Deduct disability and survivor's benefits to the 10,962
extent included in federal adjusted gross income. 10,963
(5) Deduct benefits under Title II of the Social Security 10,965
Act and tier 1 railroad retirement benefits to the extent 10,966
included in federal adjusted gross income under section 86 of the 10,967
Internal Revenue Code. 10,968
(6) Add, in the case of a taxpayer who is a beneficiary of 10,970
a trust that makes an accumulation distribution as defined in 10,971
section 665 of the Internal Revenue Code, the portion, if any, of 10,972
such distribution that does not exceed the undistributed net 10,973
income of the trust for the three taxable years preceding the 10,974
taxable year in which the distribution is made. "Undistributed 10,975
net income of a trust" means the taxable income of the trust 10,976
increased by (a)(i) the additions to adjusted gross income 10,977
required under division (A) of this section and (ii) the personal 10,978
exemptions allowed to the trust pursuant to section 642(b) of the 10,979
Internal Revenue Code, and decreased by (b)(i) the deductions to 10,980
adjusted gross income required under division (A) of this 10,981
section, (ii) the amount of federal income taxes attributable to 10,982
such income, and (iii) the amount of taxable income that has been 10,983
included in the adjusted gross income of a beneficiary by reason 10,984
of a prior accumulation distribution. Any undistributed net 10,985
income included in the adjusted gross income of a beneficiary 10,986
shall reduce the undistributed net income of the trust commencing 10,987
with the earliest years of the accumulation period. 10,988
(7) Deduct the amount of wages and salaries, if any, not 10,990
227
otherwise allowable as a deduction but that would have been 10,991
allowable as a deduction in computing federal adjusted gross 10,992
income for the taxable year, had the targeted jobs credit allowed 10,993
and determined under sections 38, 51, and 52 of the Internal 10,994
Revenue Code not been in effect. 10,995
(8) Deduct any interest or interest equivalent on public 10,997
obligations and purchase obligations to the extent included in 10,998
federal adjusted gross income. 10,999
(9) Add any loss or deduct any gain resulting from the 11,001
sale, exchange, or other disposition of public obligations to the 11,002
extent included in federal adjusted gross income. 11,003
(10) Regarding tuition credits purchased under Chapter 11,005
3334. of the Revised Code: 11,006
(a) Deduct the following: 11,008
(i) For credits that as of the end of the taxable year 11,011
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 11,013
amount of income related to the credits, to the extent included 11,014
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 11,017
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 11,018
the total purchase price of the tuition credits refunded over the 11,019
amount of refund, to the extent the amount of the excess was not 11,020
deducted in determining federal adjusted gross income;. 11,021
(b) Add the following: 11,023
(i) For credits that as of the end of the taxable year 11,026
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 11,027
amount of loss related to the credits, to the extent the amount 11,028
of the loss was deducted in determining federal adjusted gross 11,029
income;
(ii) For credits that during the taxable year have been 11,032
refunded pursuant to the termination of a tuition payment
228
contract under section 3334.10 of the Revised Code, the excess of 11,034
the amount of refund over the purchase price of each tuition 11,035
credit refunded, to the extent not included in federal adjusted 11,036
gross income.
(11) Deduct, in the case of a self-employed individual as 11,038
defined in section 401(c)(1) of the Internal Revenue Code and to 11,039
the extent not otherwise allowable as a deduction in computing 11,040
federal adjusted gross income for the taxable year, the amount 11,041
paid during the taxable year for insurance that constitutes 11,043
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 11,045
shall be allowed to any taxpayer who is eligible to participate 11,046
in any subsidized health plan maintained by any employer of the 11,047
taxpayer or of the spouse of the taxpayer. No deduction under 11,048
division (A)(11) of this section shall be allowed to the extent 11,049
that the sum of such deduction and any related deduction 11,050
allowable in computing federal adjusted gross income for the 11,051
taxable year exceeds the taxpayer's earned income, within the 11,052
meaning of section 401(c) of the Internal Revenue Code, derived 11,053
by the taxpayer from the trade or business with respect to which 11,054
the plan providing the medical coverage is established. 11,055
(12) Deduct any amount included in federal adjusted gross 11,057
income solely because the amount represents a reimbursement or 11,058
refund of expenses that in a previous year the taxpayer had 11,059
deducted as an itemized deduction pursuant to section 63 of the 11,060
Internal Revenue Code and applicable United States department of 11,062
the treasury regulations.
(13) Deduct any portion of the deduction described in 11,064
section 1341(a)(2) of the Internal Revenue Code, for repaying 11,065
previously reported income received under a claim of right, that 11,066
meets both of the following requirements: 11,067
(a) It is allowable for repayment of an item that was 11,069
included in the taxpayer's adjusted gross income for a prior 11,070
taxable year and did not qualify for a credit under division (A) 11,071
229
or (B) of section 5747.05 of the Revised Code for that year; 11,072
(b) It does not otherwise reduce the taxpayer's adjusted 11,074
gross income for the current or any other taxable year. 11,075
(14) Deduct an amount equal to the deposits made to, and 11,077
net investment earnings of, a medical savings account during the 11,078
taxable year, in accordance with section 3924.66 of the Revised 11,079
Code. The deduction allowed by division (A)(14) of this section 11,080
does not apply to medical savings account deposits and earnings 11,081
otherwise deducted or excluded for the current or any other 11,082
taxable year from the taxpayer's federal adjusted gross income. 11,083
(15)(a) Add an amount equal to the funds withdrawn from a 11,085
medical savings account during the taxable year, and the net 11,086
investment earnings on those funds, when the funds withdrawn were 11,087
used for any purpose other than to reimburse an account holder 11,088
for, or to pay, eligible medical expenses, in accordance with 11,089
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 11,091
account under division (A)(2) of section 3924.68 of the Revised 11,092
Code during the taxable year. 11,093
(16) Add any amount claimed as a credit under section 11,095
5747.059 of the Revised Code to the extent that such amount 11,096
satisfies either of the following:
(a) The amount was deducted or excluded from the 11,098
computation of the taxpayer's federal adjusted gross income as 11,099
required to be reported for the taxpayer's taxable year under the 11,100
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 11,102
federal adjusted gross income as required to be reported for any 11,103
of the taxpayer's taxable years under the Internal Revenue Code. 11,104
(17) Deduct the amount contributed by the taxpayer to an 11,106
individual development account program established by a county 11,107
department of human services pursuant to sections 329.11 to 11,108
329.14 of the Revised Code for the purpose of matching funds 11,109
deposited by program participants. On request of the tax 11,110
230
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 11,111
amount deducted under division (A)(17) of this section. 11,112
(18) BEGINNING IN TAXABLE YEAR 2001, IF THE TAXPAYER IS 11,114
MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL 11,116
ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE 11,117
FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED 11,119
GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND 11,120
DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR 11,121
QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR 11,122
THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE 11,123
TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR 11,125
ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN 11,126
ELIGIBLE INSTITUTION. THE DEDUCTION MAY BE CLAIMED ONLY TO THE 11,127
EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED 11,128
OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED 11,129
GROSS INCOME. THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL 11,130
EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION 11,131
5747.27 OF THE REVISED CODE.
(19) ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE 11,133
YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18) 11,134
OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE 11,135
AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME. 11,136
(B) "Business income" means income arising from 11,138
transactions, activities, and sources in the regular course of a 11,139
trade or business and includes income from tangible and 11,140
intangible property if the acquisition, rental, management, and 11,141
disposition of the property constitute integral parts of the 11,142
regular course of a trade or business operation. 11,143
(C) "Nonbusiness income" means all income other than 11,145
business income and may include, but is not limited to, 11,146
compensation, rents and royalties from real or tangible personal 11,147
property, capital gains, interest, dividends and distributions, 11,148
231
patent or copyright royalties, or lottery winnings, prizes, and 11,149
awards. 11,150
(D) "Compensation" means any form of remuneration paid to 11,152
an employee for personal services. 11,153
(E) "Fiduciary" means a guardian, trustee, executor, 11,155
administrator, receiver, conservator, or any other person acting 11,156
in any fiduciary capacity for any individual, trust, or estate. 11,157
(F) "Fiscal year" means an accounting period of twelve 11,159
months ending on the last day of any month other than December. 11,160
(G) "Individual" means any natural person. 11,162
(H) "Internal Revenue Code" means the "Internal Revenue 11,164
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 11,165
(I) "Resident" means: 11,167
(1) An individual who is domiciled in this state, subject 11,169
to section 5747.24 of the Revised Code; 11,170
(2) The estate of a decedent who at the time of death was 11,173
domiciled in this state. The domicile tests of section 5747.24 11,174
of the Revised Code and any election under section 5747.25 of the 11,175
Revised Code are not controlling for purposes of division (I)(2) 11,176
of this section.
(J) "Nonresident" means an individual or estate that is 11,178
not a resident. An individual who is a resident for only part of 11,179
a taxable year is a nonresident for the remainder of that taxable 11,180
year. 11,181
(K) "Pass-through entity" has the same meaning as in 11,183
section 5733.04 of the Revised Code. 11,184
(L) "Return" means the notifications and reports required 11,186
to be filed pursuant to this chapter for the purpose of reporting 11,187
the tax due and includes declarations of estimated tax when so 11,188
required. 11,189
(M) "Taxable year" means the calendar year or the 11,191
taxpayer's fiscal year ending during the calendar year, or 11,192
fractional part thereof, upon which the adjusted gross income is 11,193
calculated pursuant to this chapter. 11,194
232
(N) "Taxpayer" means any person subject to the tax imposed 11,196
by section 5747.02 of the Revised Code or any pass-through entity 11,197
that makes the election under division (D) of section 5747.08 of 11,198
the Revised Code.
(O) "Dependents" means dependents as defined in the 11,200
Internal Revenue Code and as claimed in the taxpayer's federal 11,201
income tax return for the taxable year or which the taxpayer 11,202
would have been permitted to claim had the taxpayer filed a 11,203
federal income tax return. 11,205
(P) "Principal county of employment" means, in the case of 11,207
a nonresident, the county within the state in which a taxpayer 11,208
performs services for an employer or, if those services are 11,209
performed in more than one county, the county in which the major 11,210
portion of the services are performed. 11,211
(Q) As used in sections 5747.50 to 5747.55 of the Revised 11,213
Code:
(1) "Subdivision" means any county, municipal corporation, 11,215
park district, or township. 11,216
(2) "Essential local government purposes" includes all 11,218
functions that any subdivision is required by general law to 11,219
exercise, including like functions that are exercised under a 11,220
charter adopted pursuant to the Ohio Constitution. 11,221
(R) "Overpayment" means any amount already paid that 11,223
exceeds the figure determined to be the correct amount of the 11,224
tax. 11,225
(S) "Taxable income" applies to estates only and means 11,227
taxable income as defined and used in the Internal Revenue Code 11,228
adjusted as follows: 11,229
(1) Add interest or dividends on obligations or securities 11,231
of any state or of any political subdivision or authority of any 11,232
state, other than this state and its subdivisions and 11,233
authorities; 11,234
(2) Add interest or dividends on obligations of any 11,236
authority, commission, instrumentality, territory, or possession 11,237
233
of the United States that are exempt from federal income taxes 11,238
but not from state income taxes; 11,239
(3) Add the amount of personal exemption allowed to the 11,241
estate pursuant to section 642(b) of the Internal Revenue Code; 11,242
(4) Deduct interest or dividends on obligations of the 11,244
United States and its territories and possessions or of any 11,245
authority, commission, or instrumentality of the United States 11,246
that are exempt from state taxes under the laws of the United 11,247
States; 11,248
(5) Deduct the amount of wages and salaries, if any, not 11,250
otherwise allowable as a deduction but that would have been 11,251
allowable as a deduction in computing federal taxable income for 11,252
the taxable year, had the targeted jobs credit allowed under 11,253
sections 38, 51, and 52 of the Internal Revenue Code not been in 11,254
effect; 11,255
(6) Deduct any interest or interest equivalent on public 11,257
obligations and purchase obligations to the extent included in 11,258
federal taxable income; 11,259
(7) Add any loss or deduct any gain resulting from sale, 11,261
exchange, or other disposition of public obligations to the 11,262
extent included in federal taxable income; 11,263
(8) Except in the case of the final return of an estate, 11,265
add any amount deducted by the taxpayer on both its Ohio estate 11,266
tax return pursuant to section 5731.14 of the Revised Code, and 11,267
on its federal income tax return in determining either federal 11,268
adjusted gross income or federal taxable income; 11,269
(9) Deduct any amount included in federal taxable income 11,271
solely because the amount represents a reimbursement or refund of 11,272
expenses that in a previous year the decedent had deducted as an 11,273
itemized deduction pursuant to section 63 of the Internal Revenue 11,274
Code and applicable treasury regulations; 11,275
(10) Deduct any portion of the deduction described in 11,277
section 1341(a)(2) of the Internal Revenue Code, for repaying 11,278
previously reported income received under a claim of right, that 11,279
234
meets both of the following requirements: 11,280
(a) It is allowable for repayment of an item that was 11,282
included in the taxpayer's taxable income or the decedent's 11,283
adjusted gross income for a prior taxable year and did not 11,284
qualify for a credit under division (A) or (B) of section 5747.05 11,285
of the Revised Code for that year. 11,286
(b) It does not otherwise reduce the taxpayer's taxable 11,288
income or the decedent's adjusted gross income for the current or 11,289
any other taxable year. 11,290
(11) Add any amount claimed as a credit under section 11,292
5747.059 of the Revised Code to the extent that the amount 11,293
satisfies either of the following: 11,294
(a) The amount was deducted or excluded from the 11,296
computation of the taxpayer's federal taxable income as required 11,297
to be reported for the taxpayer's taxable year under the Internal 11,298
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 11,300
federal taxable income as required to be reported for any of the 11,301
taxpayer's taxable years under the Internal Revenue Code. 11,302
(T) "School district income" and "school district income 11,304
tax" have the same meanings as in section 5748.01 of the Revised 11,305
Code. 11,306
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 11,308
(S)(7) of this section, "public obligations," "purchase 11,309
obligations," and "interest or interest equivalent" have the same 11,310
meanings as in section 5709.76 of the Revised Code. 11,311
(V) "Limited liability company" means any limited 11,313
liability company formed under Chapter 1705. of the Revised Code 11,314
or under the laws of any other state. 11,315
(W) "Pass-through entity investor" means any person who, 11,317
during any portion of a taxable year of a pass-through entity, is 11,318
a partner, member, shareholder, or investor in that pass-through 11,319
entity.
(X) "Banking day" has the same meaning as in section 11,321
235
1304.01 of the Revised Code. 11,322
(Y) "Month" means a calendar month. 11,324
(Z) "Quarter" means the first three months, the second 11,326
three months, the third three months, or the last three months of 11,327
the taxpayer's taxable year.
(AA)(1) "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR 11,329
STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 11,330
3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE, 11,331
UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS 11,332
STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE 11,333
OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED
CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD 11,334
OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 11,335
REVISED CODE.
(2) "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES 11,337
IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT 11,338
OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN 11,339
EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY 11,340
EDUCATION. IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED 11,341
TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC
EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION 11,342
DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF 11,343
FIVE THOUSAND DOLLARS. "QUALIFIED TUITION AND FEES" DOES NOT 11,344
INCLUDE:
(a) EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS, 11,346
GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE 11,347
INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM; 11,348
(b) THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY 11,350
FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES 11,351
UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION; 11,352
(c) TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED 11,354
THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER 11,355
EDUCATIONAL BENEFIT PROGRAM.
(BB) Any term used in this chapter that is not otherwise 11,357
236
defined in this section and that is not used in a comparable 11,359
context in the Internal Revenue Code and other statutes of the 11,360
United States relating to federal income taxes has the same 11,361
meaning as in section 5733.40 of the Revised Code. 11,362
Sec. 5910.032. (A) A war orphans scholarship, as provided 11,371
under sections 5910.01 to 5910.06 of the Revised Code, shall be 11,372
granted to the child of any person who, in the course of 11,373
honorable service in the armed services of the United States, was 11,374
declared by the United States department of defense to be a
prisoner of war or missing in action as a result of the United 11,375
States' participation in armed conflict on or after January 1, 11,377
1960, and who IF EITHER OF THE FOLLOWING APPLY: 11,378
(1) THE PARENT, at the time of entry into the armed 11,380
services of the United States, or at the time the person PARENT 11,382
was declared to be a prisoner of war or missing in action, was a 11,383
resident of Ohio;
(2) IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A 11,385
RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A 11,386
PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN 11,387
OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE 11,388
APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST 11,389
TEN YEARS. Such
THE scholarships shall be in addition to the total number 11,391
of scholarships provided under section 5910.05 of the Revised 11,392
Code. Notwithstanding section 5910.03 of the Revised Code, 11,393
scholarships provided under this section shall be made to any 11,394
such child who, at the time of application, has attained the 11,395
sixteenth, but not the twenty-first, birthday. The termination 11,397
of a child's parent or guardian's status as a prisoner of war or 11,398
being missing in action does not affect such child's eligibility
for the benefit provided by this section. 11,399
(B) Scholarships provided under this section shall consist 11,401
of either of the following: 11,402
(1) A scholarship of the type described in division (A) of 11,404
237
section 5910.04 of the Revised Code together with reasonable and 11,405
necessary expenses for room, board, books, and laboratory fees. 11,406
The additional amount for such expenses shall be paid from moneys 11,407
appropriated by the general assembly for such purpose. 11,408
(2) A scholarship of the type described in division (B) of 11,410
section 5910.04 of the Revised Code together with an additional 11,411
grant equal to the average value of the reasonable and necessary 11,412
expenses granted under division (B)(1) of this section during the 11,413
preceding year for room, board, books, and laboratory fees. The 11,414
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 11,416
through the institution in which the child is enrolled. In no 11,417
case shall the additional grant exceed the amount actually 11,419
expended by the child for room, board, books, and laboratory 11,420
fees.
Sec. 5919.34. (A) As used in this section: 11,429
(1) "ACADEMIC TERM" MEANS ANY ONE OF THE FOLLOWING: 11,431
(a) FALL TERM, WHICH CONSISTS OF FALL SEMESTER OR FALL 11,433
QUARTER, AS APPROPRIATE; 11,434
(b) WINTER TERM, WHICH CONSISTS OF WINTER SEMESTER, WINTER 11,436
QUARTER, OR SPRING SEMESTER, AS APPROPRIATE; 11,437
(c) SPRING TERM, WHICH CONSISTS OF SPRING QUARTER; 11,439
(d) SUMMER TERM, WHICH CONSISTS OF SUMMER SEMESTER OR 11,441
SUMMER QUARTER, AS APPROPRIATE. 11,442
(2) "Eligible applicant" means any individual to whom all 11,444
of the following apply: 11,445
(a) The individual does not possess a baccalaureate 11,447
degree;.
(b) The individual has enlisted, re-enlisted, or extended 11,450
current enlistment in the Ohio national guard;. 11,451
(c) The individual is actively enrolled as a full-time or 11,454
part-time student for at least six credit hours of course work in 11,455
a semester or quarter in a two-year or four-year degree-granting 11,456
program at an institution of higher education or in a 11,457
238
diploma-granting program at an institution of higher education 11,459
that is a school of nursing;. 11,460
(d) The individual has not accumulated ninety-six 11,462
eligibility units under division (E) of this section. 11,463
(2)(3) "Institution of higher education" means an Ohio 11,466
institution of higher education that is state-assisted, that is 11,467
nonprofit and has received a certificate of authorization from 11,468
the Ohio board of regents pursuant to Chapter 1713. of the 11,470
Revised Code, or that holds a certificate of registration and 11,473
program authorization issued by the state board of proprietary 11,474
school registration pursuant to section 3332.05 of the Revised 11,475
Code. 11,476
(3)(4) "State university" has the same meaning as in 11,478
section 3345.011 of the Revised Code. 11,480
(B) There is hereby created an instructional grant program 11,483
to be known as the Ohio national guard tuition grant program. 11,485
The FOR THE FISCAL YEAR 2000, THE number of participants in the 11,486
program FOR THE FALL TERM IS LIMITED TO TWO THOUSAND FIVE 11,489
HUNDRED; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE WINTER 11,490
TERM IS LIMITED TO TWO THOUSAND FIVE HUNDRED; THE NUMBER OF 11,491
PARTICIPANTS IN THE PROGRAM FOR THE SPRING TERM IS LIMITED TO ONE 11,493
THOUSAND SIX HUNDRED SEVENTY-FIVE; AND THE NUMBER OF PARTICIPANTS 11,494
IN THE PROGRAM FOR THE SUMMER TERM IS LIMITED TO SIX HUNDRED. 11,495
FOR THE FISCAL YEAR 2001 AND SUCCEEDING FISCAL YEARS, THE NUMBER 11,496
OF PARTICIPANTS IN THE PROGRAM FOR THE FALL TERM IS LIMITED TO 11,497
THREE THOUSAND FIVE HUNDRED; THE NUMBER OF PARTICIPANTS IN THE 11,498
PROGRAM FOR THE WINTER TERM IS LIMITED TO THREE THOUSAND FIVE 11,499
HUNDRED; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SPRING 11,500
TERM IS LIMITED TO TWO THOUSAND THREE HUNDRED FORTY-FIVE; AND THE 11,501
NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM is 11,503
limited to four thousand per academic term EIGHT HUNDRED. NO 11,505
MEMBER OF THE NATIONAL GUARD MAY RECEIVE AN INSTRUCTIONAL GRANT 11,506
UNDER THE OHIO NATIONAL GUARD TUITION GRANT PROGRAM UNLESS THE 11,507
MEMBER APPLIES FOR AND ACCEPTS ALL AVAILABLE GRANTS, 11,508
239
SCHOLARSHIPS, AND OTHER FINANCIAL AID OTHER THAN BENEFITS 11,509
AVAILABLE UNDER "THE MONTGOMERY G.I. BILL ACT OF 1984," PUB. L. 11,511
NO. 98-525, 98 STAT. 2553 (1984). THE ADJUTANT GENERAL SHALL 11,513
REDUCE ANY INSTRUCTIONAL GRANTS A MEMBER RECEIVES BY THE AMOUNT 11,514
OF OTHER GRANTS, SCHOLARSHIPS, AND FINANCIAL AID, OTHER THAN
BENEFITS RECEIVED UNDER "THE MONTGOMERY G.I. BILL ACT OF 1984," 11,517
PUB. L. NO. 98-525, 98 STAT. 2553 (1984), THE MEMBER RECEIVES. 11,519
(C) If the adjutant general estimates that appropriations 11,521
for all instructional grants applied for under this section and 11,523
likely to be used during a AN ACADEMIC term are inadequate for 11,524
all eligible applicants for that ACADEMIC term to receive grants, 11,526
the adjutant general shall promptly inform all applicants not 11,529
receiving grants for that ACADEMIC term of the next ACADEMIC term 11,530
that appropriations will be adequate for the grants. Any such 11,531
eligible applicant may again apply for grants beginning that 11,533
ACADEMIC term if the applicant is in compliance with all 11,534
requirements established by this section and the adjutant general 11,535
for the program. The adjutant general shall process all 11,537
applications for instructional grants for each ACADEMIC term in 11,538
the order in which they are received. The grants shall be made 11,540
without regard to financial need. At no time shall one person be 11,541
placed in priority over another because of sex, race, or 11,542
religion.
(D) For each ACADEMIC term that an eligible applicant is 11,544
approved for an instructional grant under this section and 11,546
remains a current member in good standing of the Ohio national 11,548
guard, the institution of higher education in which the applicant 11,549
is enrolled shall, if the applicant's enlistment obligation 11,551
extends beyond the end of that ACADEMIC term, be paid on the 11,552
applicant's behalf the applicable one of the following amounts: 11,553
(1) If the institution is state-assisted, an amount equal 11,555
to sixty ONE HUNDRED per cent of the institution's tuition 11,558
charges; 11,559
(2) If the institution is a nonprofit private institution, 11,561
240
an amount equal to sixty ONE HUNDRED per cent of the average 11,562
tuition charges of all state universities; 11,563
(3) If the institution is an institution that holds a 11,565
certificate of registration from the state board of proprietary 11,566
school registration, the lesser of the following: 11,567
(a) An amount equal to sixty ONE HUNDRED per cent of the 11,570
total instructional and general charges of the institution;
(b) An amount equal to sixty ONE HUNDRED per cent of the 11,572
average tuition charges of all state universities. 11,575
(E) A grant recipient under this section shall be entitled 11,578
to receive instructional grants under this section for the number 11,579
of quarters or semesters it takes the recipient to accumulate 11,580
ninety-six eligibility units as determined under divisions (E)(1) 11,582
to (3) of this section.
(1) To determine the maximum number of semesters or 11,585
quarters for which a recipient is entitled to grants under this 11,586
section, the adjutant general shall convert a recipient's credit 11,587
hours of enrollment for each ACADEMIC term into eligibility units 11,588
in accordance with the following table:
Number of The The 11,596
credit following following
hours of number of number of
enrollment eligibility eligibility
in a AN units if units if 11,597
ACADEMIC a a quarter
term equals semester or
11,597
12 or more hours 12 units 8 units 11,602
9 but less than 12 9 units 6 units 11,603
6 but less than 9 6 units 4 units 11,604
(2) A grant recipient under this section may continue to 11,607
apply for grants under this section until the recipient has 11,608
accumulated ninety-six eligibility units. 11,609
(3) If a grant recipient withdraws from courses prior to 11,611
241
the end of a AN ACADEMIC term so that the recipient's enrollment 11,612
for that ACADEMIC term is less than six credit hours, no grant 11,614
shall be paid on behalf of that person for that ACADEMIC term 11,615
except that, if a grant has already been paid on behalf of the 11,617
person for that ACADEMIC term, the adjutant general shall add to 11,618
that person's accumulated eligibility units the number of 11,619
eligibility units for which the grant was paid. 11,620
(F) A grant recipient under this section who fails to 11,623
complete the term of enlistment, re-enlistment, or extension of 11,625
current enlistment the recipient was serving at the time an
instructional grant was paid on behalf of the recipient under 11,627
this section is liable to the state for repayment of a percentage 11,628
of all instructional grants paid on behalf of the recipient under 11,630
this section, plus interest at the rate of ten per cent per annum 11,632
calculated from the dates the grants were paid. This percentage 11,634
shall equal the percentage of the current term of enlistment, 11,636
re-enlistment, or extension of enlistment a recipient has not 11,637
completed as of the date the recipient is discharged from the
Ohio national guard. 11,638
The attorney general may commence a civil action on behalf 11,640
of the adjutant general to recover the amount of the grants and 11,641
the interest provided for in this division and the expenses 11,642
incurred in prosecuting the action, including court costs and 11,644
reasonable attorney's fees. A grant recipient is not liable 11,646
under this division if the recipient's failure to complete the 11,647
term of enlistment being served at the time an instructional 11,650
grant was paid on behalf of the recipient under this section is 11,651
due to the recipient's death; discharge from the national guard 11,653
due to disability; or the recipient's enlistment, for a term not 11,655
less than the recipient's remaining term in the national guard, 11,657
in the active COMPONENT OF THE UNITED STATES ARMED FORCES or THE 11,658
ACTIVE reserve forces COMPONENT of the United States armed 11,659
forces.
(G) On or before the first day of each ACADEMIC term, the 11,661
242
adjutant general shall provide an eligibility roster to each 11,662
institution of higher education at which one or more 11,663
instructional grant recipients have applied for enrollment. The 11,666
institution shall use the roster to certify the actual full-time 11,667
or part-time enrollment of each instructional grant recipient 11,669
listed as enrolled at the institution and return the roster to 11,671
the adjutant general within thirty days after the first day of 11,672
the ACADEMIC term. THE ADJUTANT GENERAL SHALL REPORT TO THE OHIO 11,673
BOARD OF REGENTS THE NUMBER OF STUDENTS IN THE GRANT PROGRAM AT 11,674
EACH INSTITUTION OF HIGHER EDUCATION, AND THE ADJUTANT GENERAL 11,675
AND THE OHIO BOARD OF REGENTS SHALL PROVIDE FOR PAYMENT OF THE 11,676
APPROPRIATE NUMBER AND AMOUNT OF INSTRUCTIONAL GRANTS TO EACH 11,677
INSTITUTION OF HIGHER EDUCATION PURSUANT TO DIVISION (D) OF THIS 11,678
SECTION. Within thirty days after the adjutant general receives 11,679
all the rosters, he THE ADJUTANT GENERAL shall report to the 11,680
director of budget and management, the speaker of the house of 11,682
representatives, and the president of the senate the number of 11,683
students in the tuition grant program and a projection of the 11,684
cost of the program for the remainder of the biennium. 11,685
Section 2. That existing sections 9.90, 125.05, 3301.80, 11,687
3301.801, 3302.01, 3302.02, 3302.07, 3311.213, 3313.603, 11,689
3313.608, 3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.09, 11,690
3314.11, 3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 3317.01, 11,691
3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 11,692
3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 11,693
3317.06, 3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 11,694
3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 11,695
3318.17, 3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.31, 11,696
3318.35, 3319.22, 3319.235, 3332.05, 3332.07, 3333.04, 3333.12, 11,697
3333.27, 3345.22, 3770.01, 3770.06, 4117.101, 5705.29, 5705.412, 11,698
5747.01, 5910.032, and 5919.34 and sections 3313.21, 3317.0214, 11,699
3317.053, 3317.16, 3318.23, 3318.24, and 3318.27 of the Revised 11,700
Code are hereby repealed.
Section 3. Except as otherwise provided, all appropriation 11,702
243
line items (ALI) in this act are hereby appropriated out of any 11,703
moneys in the state treasury to the credit of the designated 11,704
fund, which are not otherwise appropriated. For all 11,705
appropriations made in this act, those amounts in the first 11,706
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 11,707
FND ALI ALI TITLE FY 2000 FY 2001 11,708
Section 4. EDU DEPARTMENT OF EDUCATION 11,711
General Revenue Fund 11,713
GRF 200-100 Personal Services $ 11,940,600 $ 12,265,000 11,718
GRF 200-320 Maintenance and 11,720
Equipment $ 9,293,979 $ 4,943,979 11,722
GRF 200-406 Head Start $ 97,992,016 $ 101,843,825 11,726
GRF 200-408 Public Preschool $ 18,316,606 $ 18,756,205 11,730
GRF 200-410 Professional 11,732
Development $ 26,593,834 $ 27,418,834 11,734
GRF 200-411 Family and Children 11,736
First $ 10,642,188 $ 10,642,188 11,738
GRF 200-416 Vocational Education 11,740
Match $ 2,325,916 $ 2,381,738 11,742
GRF 200-420 Technical Systems 11,744
Development $ 3,450,000 $ 2,350,000 11,746
GRF 200-422 School Management 11,748
Assistance $ 1,387,186 $ 1,440,836 11,750
GRF 200-424 Policy Analysis $ 505,354 $ 637,655 11,754
GRF 200-426 Ohio Educational 11,756
Computer Network $ 25,089,772 $ 37,004,086 11,758
GRF 200-431 School Improvement 11,760
Models $ 25,100,000 $ 24,975,000 11,762
GRF 200-432 School Conflict 11,764
Management $ 411,645 $ 421,524 11,766
GRF 200-437 Student Proficiency $ 16,097,983 $ 15,692,045 11,770
GRF 200-441 American Sign 11,772
Language $ 231,449 $ 237,003 11,774
244
GRF 200-442 Child Care Licensing $ 1,477,003 $ 1,518,359 11,778
GRF 200-445 OhioReads 11,780
Admin/Volunteer
Support $ 5,000,000 $ 5,000,000 11,782
GRF 200-446 Education Management 11,784
Information System $ 13,799,674 $ 12,649,674 11,786
GRF 200-447 GED Testing/Adult 11,788
High School $ 2,033,187 $ 2,081,983 11,790
GRF 200-455 Community Schools $ 3,500,000 $ 3,500,000 11,794
GRF 200-500 School Finance Equity $ 47,042,224 $ 33,378,557 11,798
GRF 200-501 Base Cost Funding $3,449,393,212 $3,733,621,495 11,802
GRF 200-502 Pupil Transportation $ 265,946,768 $ 291,182,101 11,806
GRF 200-503 Bus Purchase 11,808
Allowance $ 38,132,291 $ 39,047,466 11,810
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 11,814
GRF 200-509 Adult Literacy 11,816
Education $ 9,361,964 $ 9,586,651 11,818
GRF 200-511 Auxiliary Services $ 110,255,190 $ 118,083,309 11,822
GRF 200-513 Summer Intervention $ 15,000,000 $ 15,000,000 11,826
GRF 200-514 Post-Secondary/Adult 11,828
Vocational Education $ 21,171,866 $ 21,679,991 11,830
GRF 200-520 Disadvantaged Pupil 11,832
Impact Aid $ 391,208,953 $ 391,208,954 11,834
GRF 200-521 Gifted Pupil Program $ 40,923,510 $ 42,081,624 11,838
GRF 200-524 Educational 11,840
Excellence and
Competency $ 10,445,999 $ 9,703,001 11,842
GRF 200-532 Nonpublic 11,844
Administrative Cost
Reimbursement $ 48,062,292 $ 51,474,714 11,846
GRF 200-533 School-Age Child Care $ 1,070,720 $ 1,096,417 11,850
GRF 200-534 Desegregation Costs $ 12,000,000 $ 11,700,000 11,854
GRF 200-540 Special Education 11,856
Enhancements $ 126,826,848 $ 137,220,164 11,858
245
GRF 200-545 Vocational Education 11,860
Enhancements $ 30,393,259 $ 32,662,107 11,862
GRF 200-546 Charge-Off Supplement $ 10,000,000 $ 20,000,000 11,866
GRF 200-547 Power Equalization $ 21,900,000 $ 34,700,000 11,870
GRF 200-551 Reading Improvement $ 1,704,454 $ 1,745,361 11,874
GRF 200-552 County MR/DD Boards 11,876
Vehicle Purchases $ 1,627,152 $ 1,666,204 11,878
GRF 200-553 County MR/DD Boards 11,880
Transportation
Operating $ 8,006,400 $ 9,895,910 11,882
GRF 200-558 Emergency Loan 11,884
Interest Subsidy $ 6,940,447 $ 5,470,150 11,886
GRF 200-566 OhioReads Grants $ 25,000,000 $ 25,000,000 11,890
GRF 200-570 School Improvement 11,892
Incentive Grants $ 10,000,000 $ 10,000,000 11,894
GRF 200-572 Teacher Incentive 11,896
Grants $ 5,000,000 $ 0 11,898
GRF 200-573 Character Education $ 1,050,000 $ 1,050,000 11,902
GRF 200-574 Substance Abuse 11,904
Prevention $ 2,300,000 $ 2,420,000 11,906
GRF 200-575 12th Grade 11,908
Proficiency Stipend $ 17,500,000 $ 17,500,000 11,910
GRF 200-901 Property Tax 11,912
Allocation -
Education $ 636,200,000 $ 673,960,000 11,914
GRF 200-906 Tangible Tax 11,916
Exemption - Education $ 69,000,000 $ 71,000,000 11,918
TOTAL GRF General Revenue Fund $5,718,101,941 $6,108,344,109 11,921
General Services Fund Group 11,924
138 200-606 Computer Services $ 4,255,067 $ 4,374,209 11,929
4D1 200-602 Ohio 11,931
Prevention/Education
Resource Center $ 293,321 $ 301,534 11,933
246
4L2 200-681 Teacher Certification 11,935
and Licensure $ 3,774,544 $ 3,880,232 11,937
452 200-638 Miscellaneous Revenue $ 295,000 $ 295,000 11,941
5H3 200-687 School District 11,943
Solvency Assistance $ 30,000,000 $ 30,000,000 11,945
596 200-656 Ohio Career 11,947
Information System $ 699,399 $ 718,084 11,949
TOTAL GSF General Services 11,950
Fund Group $ 39,317,331 $ 39,569,059 11,953
Federal Special Revenue Fund Group 11,956
309 200-601 Educationally 11,959
Disadvantaged $ 8,560,567 $ 8,988,595 11,961
366 200-604 Adult Basic Education $ 14,901,137 $ 14,901,137 11,965
3H9 200-605 Head Start 11,967
Collaboration Project $ 250,000 $ 250,000 11,969
367 200-607 School Food Services $ 9,492,000 $ 9,783,000 11,973
3T4 200-613 Public Charter 11,975
Schools $ 3,157,895 $ 4,725,000 11,977
368 200-614 Veterans' Training $ 609,517 $ 626,584 11,981
369 200-616 Vocational Education $ 7,500,000 $ 8,000,000 11,985
3L6 200-617 Federal School Lunch $ 163,500,000 $ 170,500,000 11,989
3L7 200-618 Federal School 11,991
Breakfast $ 40,500,000 $ 44,500,000 11,993
3L8 200-619 Child and Adult Care 11,995
Programs $ 58,600,000 $ 58,600,000 11,997
3L9 200-621 Vocational Education 11,999
Basic Grant $ 55,583,418 $ 57,139,754 12,001
3M0 200-623 ESEA Chapter One $ 375,633,666 $ 394,415,350 12,005
370 200-624 Education of All 12,007
Handicapped Children $ 274,949 $ 0 12,009
3T5 200-625 Coordinated School 12,011
Health $ 536,437 $ 536,437 12,013
3N7 200-627 School-to-Work $ 13,864,500 $ 14,252,706 12,017
371 200-631 EEO Title IV $ 488,052 $ 508,917 12,021
247
374 200-647 E.S.E.A. Consolidated 12,023
Grants $ 107,096 $ 110,094 12,025
376 200-653 J.T.P.A. $ 5,123,365 $ 5,266,819 12,029
3R3 200-654 Goals 2000 $ 19,453,001 $ 20,425,651 12,033
378 200-660 Math/Science 12,035
Technology
Investments $ 11,686,926 $ 12,271,272 12,037
3C5 200-661 Federal Dependent 12,039
Care Programs $ 17,996,709 $ 17,996,709 12,041
3D1 200-664 Drug Free Schools $ 20,026,500 $ 20,587,242 12,045
3D2 200-667 Honors Scholarship 12,047
Program $ 1,976,400 $ 2,371,680 12,049
3E2 200-668 AIDS Education 12,051
Project $ 620,774 $ 620,774 12,053
3S7 200-673 Child Care School Age $ 5,135,000 $ 5,278,000 12,057
3M1 200-678 ESEA Chapter Two $ 61,901,429 $ 16,591,501 12,061
3M2 200-680 Ind W/Disab Education 12,063
Act $ 143,000,000 $ 162,000,000 12,065
3P9 200-686 SRRC/FRC Evaluation 12,067
Project $ 51,350 $ 52,788 12,069
TOTAL FED Federal Special 12,070
Revenue Fund Group $1,040,530,688 $1,051,300,010 12,073
State Special Revenue Fund Group 12,076
4M4 200-637 Emergency Service 12,079
Telecommunication
Training $ 762,548 $ 783,899 12,081
4R7 200-695 Indirect Cost 12,083
Recovery $ 2,868,561 $ 2,948,881 12,085
4V7 200-633 Interagency 12,087
Vocational Support $ 645,359 $ 663,429 12,089
454 200-610 Guidance and Testing $ 503,912 $ 516,484 12,093
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 12,097
598 200-659 Auxiliary Services 12,099
Mobile Units $ 1,292,714 $ 1,328,910 12,101
248
620 200-615 Educational Grants $ 1,500,000 $ 1,500,000 12,105
TOTAL SSR State Special Revenue 12,106
Fund Group $ 15,573,094 $ 15,741,603 12,109
Lottery Profits Education Fund Group 12,112
017 200-612 Base Cost Funding $ 656,247,000 $ 660,467,000 12,117
017 200-682 Lease Rental Payment 12,119
Reimbursement $ 29,753,000 $ 29,733,000 12,121
TOTAL LPE Lottery Profits 12,122
Education Fund Group $ 686,000,000 $ 690,200,000 12,125
TOTAL ALL BUDGET FUND GROUPS $7,499,523,054 $7,905,154,781 12,128
Section 4.01. Personal Services 12,131
Of the foregoing appropriation item 200-100, Personal 12,133
Services, $120,000 in each fiscal year shall be used to support 12,134
the salary and fringe benefits of a teacher in residence and 12,135
support staff at the Governor's Office.
Maintenance and Equipment 12,137
Of the foregoing appropriation item 200-320, Maintenance 12,139
and Equipment, up to $25,000 may be expended in each year of the 12,140
biennium for State Board of Education out-of-state travel. 12,141
Of the foregoing appropriation item 200-320, Maintenance 12,143
and Equipment, $4,000,000 in fiscal year 2000 shall be reserved 12,144
to fund expenses associated with the Department of Education's 12,145
move from the Ohio Departments Building. The unencumbered 12,146
balance of the appropriation at the end of fiscal year 2000 is 12,147
hereby transferred to fiscal year 2001 to pay the cost of the
move of the Department of Education from the Ohio Departments 12,148
Building.
Of the foregoing appropriation item 200-320, Maintenance 12,150
and Equipment, $30,000 in each fiscal year shall be used to fund 12,151
the travel expenses and administrative overhead of the Teacher in 12,152
Residence and support staff at the Governor's Office. 12,153
Section 4.02. Head Start 12,155
The foregoing appropriation item 200-406, Head Start, shall 12,157
be distributed by the Department of Education to Head Start 12,158
249
agencies. A "Head Start agency" means an entity that has been 12,159
approved to be an agency in accordance with Section 641 [42 12,161
U.S.C. 9836< of the Head Start Act and amendments thereto, or an 12,162
entity designated for state Head Start funding under this 12,164
section. Participation in state funded Head Start programs is
voluntary.
Moneys distributed under this heading shall not be used to 12,166
reduce expenditures from funds received by a Head Start agency 12,167
from any other sources. Section 3301.31 of the Revised Code does 12,168
not apply to funds distributed under this heading. In lieu of 12,169
section 3301.31 of the Revised Code, distribution of moneys under 12,170
this heading shall be as follows:
(A) In fiscal years 2000 and 2001, up to two per cent of 12,172
the total appropriation may be used by the Department for 12,173
administrative costs of complying with this section; developing 12,174
program capacity; and assisting programs with facilities 12,176
planning, construction, renovation, or lease agreements in
combination with the Community Development Finance Fund (CDFF). 12,177
Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal 12,178
year 2001 may be used for training in early literacy for Head 12,179
Start classroom teachers and administrators to support the 12,180
OhioReads Initiative.
(B) The department shall provide an annual report to the 12,182
Governor, the Speaker of the House of Representatives, the 12,183
President of the Senate, the State Board of Education, Head Start 12,184
grantees, and other interested parties. The report shall include 12,185
the following:
(1) The number and per cent of eligible children by county 12,187
and by grantee;
(2) The amount of state funds requested for continuation 12,189
per grantee; 12,190
(3) The amount of state funds received for continuation 12,192
per grantee; 12,193
(4) A summary of program performance on the state critical 12,195
250
performance indicators; 12,196
(5) A summary of developmental progress of children 12,198
participating in the state funded Head Start program; 12,199
(6) Any other data reflecting the performance of Head 12,201
Start that the department considers pertinent. 12,202
(C) For purposes of this section, "eligible child" means a 12,204
child who is at least three years of age and not of compulsory 12,205
school age whose family earns no more than 100 per cent of the 12,206
federal poverty level.
The Department of Education, in consultation with the 12,208
Department of Human Services, interested parties, and Head Start 12,209
agencies shall formulate a method for determining an estimate of 12,210
the number of eligible children and the per cent served by 12,211
grantee(s) in each county.
(D) After setting aside amounts to make any payments due 12,213
from the prior fiscal year, in fiscal years 2000 and 2001, funds 12,214
shall first be distributed to recipients of Head Start funds 12,216
during the preceding fiscal year. Awards under this division may 12,218
be reduced by the amount received in that year for one-time
start-up costs and may be adjusted for actual months of program 12,219
operation or enrollment as reported during the first full week of 12,220
December, and may be increased by a reasonable percentage for 12,221
inflation to be determined by the Department of Education and in 12,222
accordance with this section. The Department may redistribute 12,223
dollars to programs demonstrating an unmet need based on updated 12,224
assessments of family needs and community resources, with special 12,225
attention to the projected impact of welfare reform. In fiscal
years 2000 and 2001, the department may authorize recipients to 12,226
carry over funds to the subsequent fiscal year. 12,227
The Department may reallocate unobligated or unspent money 12,229
to participating Head Start agencies for purposes of program 12,230
expansion, improvement, or special projects to promote excellence 12,231
and innovation.
(E) Costs for developing and administering a Head Start 12,233
251
program may not exceed fifteen per cent of the total approved 12,234
costs of the program.
All recipients of funds shall maintain such fiscal control 12,236
and accounting procedures as may be necessary to ensure the 12,237
disbursement of, and accounting for, these funds. The control of 12,238
funds provided in this program, and title to property obtained 12,239
therefrom, shall be under the authority of the approved recipient 12,240
for purposes provided in the program. The approved recipient 12,241
shall administer and use such property and funds for the purposes 12,242
specified. 12,243
Each recipient shall furnish the department an annual audit 12,245
that includes the review of state funds received under this 12,246
section.
(F) The department shall prescribe target levels for 12,250
critical performance indicators for the purpose of assessing Head 12,251
Start programs. On-site reviews and follow-up visits shall be
based on grantee progress in meeting the prescribed target 12,252
levels.
The department may audit a Head Start agency's financial 12,254
and program records. Head Start agencies that have financial 12,255
practices not in accordance with standard accounting principles, 12,256
that fail to substantially meet the Head Start performance 12,257
standards, or that exhibit below-average performance shall be 12,258
subject to an on-site review. 12,259
The department shall require corrective plans of action for 12,261
programs not achieving target levels or financial and program 12,262
standards. Action plans shall include activities to be conducted 12,264
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department 12,265
demonstrating targets have been met. The Policy Council 12,266
chairperson and the appropriate grantee board official shall sign 12,267
the corrective plans of action.
Programs not meeting performance targets in accordance with 12,270
the plan of action and prescribed timelines may have their
252
continuation funding reduced, be disqualified for expansion 12,271
consideration until targets are met, or have all state funds 12,272
withdrawn and a new grantee established.
The department shall require school districts to collect 12,274
"preschool" information by program type. All data shall be 12,275
reported via the Education Management Information System (EMIS). 12,276
(G) The Department shall require Head Start grantees to 12,278
document child progress, using a common instrument prescribed by 12,279
the department, and report results annually. The department 12,280
shall determine the dates for documenting and reporting. 12,281
The State Board of Education shall adopt rules addressing 12,283
the use of screening and assessment data, including, but not 12,284
limited to, all the following: 12,285
(1) Protection of the identity of individual children 12,287
through assignment of a unique but not personally identifiable 12,288
code;
(2) Parents' rights; 12,290
(3) Use of the data by school personnel as it relates to 12,292
kindergarten entrance. 12,293
(H) New agencies may be designated for state Head Start 12,295
funding if a Head Start agency voluntarily waives its right for 12,296
funding or is de-funded based on performance. 12,297
When such a condition exists, the department shall conduct 12,299
a competitive bidding process to select a new agency to provide 12,300
state funded continuation and/or expansion services. The bidding 12,301
process shall include notices of competitive bidding mailed to 12,302
delegate agencies in the affected area and to newspapers in the 12,303
Head Start service area.
Section 3313.646 of the Revised Code does not apply to 12,305
funds distributed under this section. 12,306
(I) It is the intent of the General Assembly that 12,308
appropriations for appropriation items 200-406, Head Start, and 12,309
200-408, Public Preschool, be available for transfer between Head 12,310
Start and public preschool programs so that unallocated funds may 12,311
253
be used between the two programs. 12,312
Section 4.03. Public Preschool 12,314
The Department of Education shall distribute the foregoing 12,316
appropriation item 200-408, Public Preschool, to pay the costs of 12,318
comprehensive preschool programs. As used in this section, 12,319
"school district" means a city, local, exempted village, or joint 12,320
vocational school district, or an educational service center. 12,322
(A) In fiscal years 2000 and 2001, up to two per cent of 12,324
the total appropriation may be used by the department for 12,325
administrative costs of complying with this section; developing 12,326
program capacity; and assisting programs with facilities 12,328
planning, construction, renovation, or lease agreements in 12,329
conjunction with the Community Development Finance Fund (CDFF).
(B) The department shall provide an annual report to the 12,332
Governor, the Speaker of the House of Representatives, the 12,333
President of the Senate, the State Board of Education, Head Start 12,334
grantees, and other interested parties. The report shall 12,335
include: 12,336
(1) The number and per cent of eligible children by county 12,338
and by school district; 12,339
(2) The amount of state funds requested for continuation 12,341
per school district;
(3) The amount of state funds received for continuation 12,343
per school district;
(4) A summary of program performance on the state critical 12,345
performance indicators in the public preschool program; 12,346
(5) A summary of developmental progress of children 12,348
participating in the state funded public preschool program; 12,349
(6) Any other data reflecting the performance of public 12,351
preschool programs that the department considers pertinent. 12,353
(C) For purposes of this section "eligible child" means a 12,355
child who is at least three years of age whose family earns no 12,357
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the 12,359
254
Department of Human Services, interested parties, and Head Start 12,360
agencies shall formulate a method for determining an estimate of 12,361
the number of eligible children and the percentage served by 12,362
grantees in each county. 12,363
(D) After setting aside amounts to make any payments due 12,365
from the prior fiscal year, in fiscal years 2000 and 2001, funds 12,367
shall first be distributed to recipients of funds during the 12,369
preceding fiscal year. Awards under this division may be reduced 12,370
by the amount received in that fiscal year for one-time start-up 12,371
costs and may be adjusted for actual months of program operation 12,372
or enrollment as reported during the first full week of December, 12,373
and may be increased by a reasonable percentage to be determined 12,374
by the Department of Education. The department may redistribute 12,375
dollars to programs demonstrating an unmet need based on updated 12,376
assessments of family needs and community resources, with special 12,377
attention to the projected impact of welfare reform. In fiscal 12,378
years 2000 and 2001, the department may authorize recipients to 12,380
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money 12,382
to participating school districts for purposes of program 12,383
expansion, improvement, or special projects to promote excellence 12,384
and innovation. 12,385
(E) Costs for developing and administering a preschool 12,387
program may not exceed fifteen per cent of the total approved 12,388
costs of the program. 12,389
All recipients of funds shall maintain such fiscal control 12,391
and accounting procedures as may be necessary to ensure the 12,392
disbursement of, and accounting for, these funds. The control of 12,393
funds provided in this program, and title to property obtained 12,394
therefrom, shall be under the authority of the approved recipient 12,395
for purposes provided in the program. The approved recipient 12,396
shall administer and use such property and funds for the purposes 12,397
specified. 12,398
(F) The department shall prescribe target levels for 12,400
255
critical performance indicators for the purpose of assessing 12,401
public preschool programs. On-site reviews and follow-up visits 12,402
shall be based on progress in meeting the prescribed target 12,403
levels.
The department may audit a school district's preschool 12,405
financial and program records. School districts that have 12,406
financial practices not in accordance with standard accounting 12,407
principles, that operate preschool programs that fail to 12,408
substantially meet the Head Start performance standards, or that 12,409
exhibit below-average performance shall be subject to an on-site 12,410
review.
The department shall require corrective plans of action for 12,412
programs not achieving target levels or financial and program 12,413
standards. Action plans shall include activities to be conducted 12,414
by the grantee and timelines for activities to be completed and 12,415
timelines for additional data submission to the department 12,416
demonstrating that targets have been met. The appropriate school 12,417
board official shall sign the corrective plans of action. 12,418
Public preschool programs not meeting performance targets 12,420
in accordance with the plan of action and prescribed timelines 12,421
may have their continuation funding reduced, be disqualified for 12,422
expansion consideration until targets are met, or have all state 12,423
funds withdrawn and a new program established. 12,424
(G) The department shall require public preschool programs 12,426
to document child progress, using a common instrument prescribed 12,427
by the department, and report results annually. The department 12,428
shall determine the dates for documenting and reporting. 12,429
The State Board of Education shall adopt rules addressing 12,431
the use of screening and assessment data, including, but not 12,432
limited to, all of the following: 12,433
(1) Protection of the identity of individual children 12,435
through assignment of a unique but not personally identifiable 12,436
code;
(2) Parents' rights; 12,438
256
(3) Use of the data by school personnel as it relates to 12,440
kindergarten entrance. 12,441
(H) Each school district shall develop a sliding fee scale 12,443
based on the family incomes in the district and shall charge 12,445
families who earn more than the federal poverty level for 12,446
preschool.
(I) It is the intent of the General Assembly that 12,448
appropriations for line item 200-406, Head Start, and 200-408, 12,449
Public Preschool, be available for transfer between Head Start 12,450
and Public Preschool programs so that unallocated funds may be 12,451
used between the two programs. 12,452
Section 4.04. Professional Development 12,454
Of the foregoing appropriation item 200-410, Professional 12,456
Development, $5,997,829 in each fiscal year shall be used by the 12,457
Department of Education to develop a statewide comprehensive 12,459
system of twelve professional development centers that support 12,460
local educators' ability to foster academic achievement in the 12,461
students they serve. The centers shall include training teachers 12,463
on site-based management concepts to encourage teachers to become 12,464
involved in the management of their schools. 12,465
Of the foregoing appropriation item 200-410, Professional 12,467
Development, $1,321,292 in each fiscal year shall be used by the 12,468
Department of Education to establish programs targeted at 12,469
recruiting under-represented populations into the teaching 12,470
profession. In each year, the appropriation item shall be used 12,471
by the department to include, but not be limited to, alternative 12,472
teacher licensure or certification programs emphasizing the 12,473
recruitment of highly qualified minority candidates into 12,474
teaching, including emphasizing the recruitment of highly 12,475
qualified minority candidates into teaching positions in schools 12,476
which have a high percentage of minority students. The
recruitment programs shall also target recruiting qualified 12,478
candidates available as a result of downsizing of the military 12,479
and business sectors. Funding shall also be targeted to 12,480
257
statewide, regional, and local programs that are competitively
selected as promising programs demonstrating the potential of 12,481
significantly increasing Ohio's minority teaching force. 12,482
Of the foregoing appropriation item 200-410, Professional 12,484
Development, $9,659,713 in each fiscal year shall be distributed 12,485
on a per teacher basis to all school districts and joint 12,486
vocational school districts for locally developed teacher 12,487
training and professional development and for the establishment 12,489
of local professional development committees in all school 12,490
districts and chartered nonpublic schools. School districts and 12,491
joint vocational school districts shall not be precluded from 12,492
using these funds for cooperative activities on a county or 12,493
regional basis. School districts with pass rates of less than 75 12,494
per cent on the fourth grade reading proficiency test shall
allocate no less than 40 per cent of these funds for professional 12,495
development for teachers in elementary literacy skills. 12,496
Of the foregoing appropriation item 200-410, Professional 12,498
Development, $115,000 in each fiscal year shall be used to fund 12,499
public institutions or agencies that provide educational services 12,500
and employ or contract the services of licensed educators for 12,501
establishing local professional development committees pursuant 12,502
to division (C)(5) of section 3319.22 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional 12,504
Development, $2,125,000 in fiscal year 2000 and $2,950,000 in 12,505
fiscal year 2001 shall be used by the Department of Education to 12,507
pay the application fee for teachers from public and chartered 12,508
nonpublic schools applying to the National Board for Professional 12,509
Teaching Standards for professional teaching certificates or 12,512
licenses that the board offers, and to provide grants in each 12,513
fiscal year to recognize and reward teachers who become certified 12,514
by the board pursuant to section 3319.55 of the Revised Code. 12,515
These moneys shall be used to pay for the first 500 12,518
applications in fiscal year 2000 and the first 600 applications 12,519
in fiscal year 2001 received by the department. Each prospective 12,520
258
applicant for certification or licensure shall submit an 12,521
application to the Department of Education. When the department 12,522
has collected a group of applications, but no later than 30 days 12,523
after receipt of the first application in a group, it shall send
the applications to the National Board for Professional Teaching 12,525
Standards along with a check to cover the cost of the application 12,526
fee for all applicants in that group. 12,527
Of the foregoing appropriation item 200-410, Professional 12,529
Development, up to $300,000 shall be used each fiscal year by the 12,530
Department of Education to support the connection of teacher 12,531
applicants to university programs that enhance applicant learning 12,533
and professional development during the National Board 12,534
Certification process.
Of the foregoing appropriation item 200-410, Professional 12,535
Development, up to $1,875,000 in each fiscal year shall be 12,536
allocated for entry year programs. Each fiscal year, up to 12,537
$1,250,000 shall be used for mentors and assessor training, and 12,538
up to $1,475,000 for peer review. The Department of Education
shall select eligible beginning teachers to participate in a 12,539
year-long entry year program that provides guidance and coaching 12,540
by experienced school district and university faculty and regular 12,541
teacher performance assessment. The program is designed to 12,542
assess each beginning teacher with the Education Testing 12,543
Service's Praxis III examination. These funds shall be used to
support the supervisory, teaching, and assessment services 12,544
associated with the pilot residency program in urban, suburban, 12,545
and rural sites.
Of the foregoing appropriation item 200-410, Professional 12,547
Development, up to $650,000 in each fiscal year shall be used to 12,548
continue Ohio leadership academies to develop and train 12,549
superintendents, principals, other administrators, and school 12,550
board members in new leadership and management practices to 12,551
support high performance schools. This training shall be
coordinated with other locally administered leadership programs. 12,552
259
Of the foregoing appropriation item 200-410, Professional 12,554
Development, up to $850,000 in each fiscal year shall be used to 12,555
support a two-year Principal's Leadership Academy that will serve 12,556
principals and their staff teams. An advisory panel comprised of 12,557
national business and education experts shall advise the Ohio 12,558
Department of Education on content and delivery of curriculum and 12,559
instruction.
Of the foregoing appropriation item 200-410, Professional 12,561
Development, up to $975,000 in each fiscal year shall be used to 12,562
establish an entry year program for principals. Grants shall be 12,563
issued to pilot sites that shall develop prototypes of the 12,564
program in a variety of contexts. These sites shall also pilot 12,565
the School Leaders Licensure Assessment, which was developed by
the Educational Testing Service at a cost of $450 per assessment. 12,566
Section 4.05. Family and Children First 12,568
(A) Of the foregoing appropriation item 200-411, Family 12,570
and Children First, the Department of Education shall transfer up 12,571
to $3,677,188 in each fiscal year by intrastate transfer voucher 12,573
to the Department of Mental Retardation and Developmental 12,574
Disabilities. These funds shall be spent on direct grants to 12,575
county family and children first councils created under section 12,578
121.37 of the Revised Code. The funds shall be used as partial 12,579
support payment and reimbursement for the maintenance and 12,580
treatment costs of multi-need children that come to the attention 12,581
of the Family and Children First Cabinet Council pursuant to 12,582
section 121.37 of the Revised Code. The Department of Mental 12,583
Retardation and Developmental Disabilities shall administer the 12,584
distribution of the direct grants to the county councils. The 12,586
Department of Mental Retardation and Developmental Disabilities 12,588
may use up to five per cent of this amount for administrative 12,589
expenses associated with the distribution of funds to the county 12,590
councils.
(B) Of the funds appropriated in this item, up to 12,592
$1,775,000 in each fiscal year shall be used as administrative 12,593
260
grants to county family and children first councils to provide a 12,595
portion of the salary and fringe benefits necessary to fund 12,596
county council coordinators, administrative support, training, or 12,598
parental involvement. The total initial grant under this 12,599
provision to any county family and children first council shall 12,600
not exceed $20,000. In the event that not all counties in the 12,602
state have established a county council, at the beginning of the 12,603
fourth quarter of a fiscal year, any remaining funds to be used
as administrative grants may be redirected by the Family and 12,604
Children First Cabinet Council to other priorities and 12,605
activities. Of the funds appropriated in this item, up to 12,607
$15,000 shall be used by the Family and Children First Cabinet 12,608
Council for administrative costs, including stipends to family 12,609
representatives participating in approved activities of the 12,610
initiative, educational and informational forums, and technical 12,611
assistance to local family and children first councils. 12,612
(C) Of the foregoing appropriation item 200-411, Family 12,614
and Children First, up to $5,190,000 in each fiscal year shall be 12,616
used to fund school-based or school-linked school readiness 12,617
resource centers in school districts where there is a 12,618
concentration of risk factors to school readiness and success, 12,619
including indicators of poverty, health, and family stability. 12,620
The purpose of these centers is to assist in providing services 12,621
to families of school-age children who want and need support. 12,622
School readiness resource centers shall be located in each 12,624
of the state's 21 urban school districts as defined in division 12,625
(O) of section 3317.02 of the Revised Code, as that section 12,627
existed prior to July 1, 1998. The Ohio Family and Children 12,629
First Cabinet Council, in consultation with the Department of 12,630
Education and school districts, shall identify individual schools 12,631
based on quantitative and qualitative factors that reflect both 12,632
the need for school readiness resource centers and the local 12,633
capacity for redesigning, as necessary, a delivery system of 12,634
family support services. The council and the Department of 12,635
261
Education shall organize and provide technical assistance to the 12,636
school districts and communities in planning, developing, and 12,637
implementing the centers. The council shall also negotiate a
performance agreement that details required program 12,638
characteristics, service options, and expected results. 12,639
Each urban school district and community may receive up to 12,641
$240,000 to maintain three school readiness resource centers that 12,642
are located in or linked to elementary, middle, and high school 12,643
sites that are connected by student assignment patterns within 12,644
the school districts. Each school district shall work with a 12,645
representative of the local family and children first council and 12,647
a representative cross-section of families and community leaders 12,648
in the district to operate the school readiness resource centers 12,649
based upon conditions agreed to in the performance agreement 12,650
negotiated with the state council. 12,651
Up to $50,000 in each fiscal year may be used by the Ohio 12,653
Family and Children First Cabinet Council for an evaluation of 12,654
the effectiveness of the school readiness resource centers. Up 12,655
to $100,000 in each fiscal year may be used by the cabinet 12,656
council to approve technical assistance and oversee the 12,657
implementation of the centers. The administration and management 12,658
of the school readiness resource centers may be contracted out 12,659
through a competitive bidding process established by the cabinet 12,660
council in consultation with the Department of Education. 12,661
Section 4.06. Vocational Education Match 12,663
The foregoing appropriation item 200-416, Vocational 12,665
Education Match, shall be used by the Department of Education to 12,666
provide vocational administration matching funds pursuant to 20 12,667
U.S.C. 2311. 12,668
Technical Systems Development 12,670
The foregoing appropriation item 200-420, Technical Systems 12,672
Development, shall be used to support several information system 12,673
development projects that are designed to improve the performance 12,674
and customer service of the Ohio Department of Education. 12,675
262
Implementation of these systems shall allow the department to 12,676
provide greater levels of assistance and more timely information 12,677
to school districts, administrators, and legislators. 12,678
Up to $2,500,000 in fiscal year 2000 shall be used for 12,680
development and testing of the school administration software of 12,681
EMIS. Up to $250,000 in fiscal year 2000 shall be used for the 12,682
construction plans of the EMIS redesign. 12,683
In fiscal year 2000, up to $300,000 may be used for the 12,685
Department's maintenance contract for database management 12,686
software; up to $100,000 shall be used for Phase I of the 12,687
Department's data warehouse software purchase and maintenance 12,688
fees; and up to $300,000 shall be used for Phase II of the data 12,689
warehouse project. 12,690
In fiscal year 2001, up to $1,800,000 shall be used for 12,692
EMIS conversion, including district support and technical 12,693
assistance; up to $350,000 may be used for the Department's 12,694
annual maintenance contract for database management software; and 12,695
up to $200,000 shall be used to support the data warehouse 12,696
project.
School Management Assistance 12,698
The foregoing appropriation item 200-422, School Management 12,700
Assistance, shall be used by the Department of Education to 12,701
provide fiscal technical assistance and inservice education for 12,702
school district management personnel and to administer, monitor, 12,704
and implement the fiscal watch and fiscal emergency provisions 12,705
under Chapter 3316. of the Revised Code.
Policy Analysis 12,707
The foregoing appropriation item 200-424, Policy Analysis, 12,709
shall be used by the Department of Education to develop software 12,711
and other computer assistance to maintain and enhance a system of 12,712
administrative, statistical, and legislative education
information to be used for policy analysis. The data base shall 12,713
be kept current at all times. Such a system will be used to 12,714
supply information and analysis of data to the General Assembly 12,715
263
and other state policy makers, including the Office of Budget and 12,716
Management and the Legislative Budget Office of the Legislative 12,717
Service Commission. 12,718
The Department of Education may use funding from this line 12,720
item to purchase or contract for the development of software 12,721
systems or contract for policy studies that will assist in the 12,723
provision and analysis of policy-related information.
Ohio Educational Computer Network 12,725
The foregoing appropriation item 200-426, Ohio Educational 12,727
Computer Network, shall be used by the Department of Education to 12,728
maintain a system of information technology throughout Ohio and 12,729
to provide technical assistance for such a system in support of 12,730
the State Education Technology Plan pursuant to section 3301.07 12,731
of the Revised Code. 12,732
This system shall support the development, maintenance, and 12,734
operation of a network of uniform and compatible computer-based 12,735
information and instructional systems. The technical assistance 12,736
shall include, but not be restricted to, the development and 12,737
maintenance of adequate computer software systems to support 12,738
network activities. Program funds may be used, through a formula 12,739
and guidelines devised by the department, to subsidize the 12,740
activities of not more than twenty-four designated data 12,741
acquisition sites, as defined by State Board of Education rules, 12,742
to provide to school districts and chartered nonpublic schools 12,743
computer-based student and teacher instructional and 12,745
administrative information services, including approved 12,746
computerized financial accounting, to assure the effective 12,747
operation of local automated administrative and instructional 12,748
systems.
In order to broaden the scope of the use of technology for 12,750
education, the department may use up to $250,000 in each fiscal 12,751
year to coordinate the activities of the computer network with 12,753
other agencies funded by the department or the state. In order 12,754
to improve the efficiency of network activities, the department 12,755
264
and data acquisition sites may jointly purchase equipment, 12,756
materials, and services from funds provided under this 12,757
appropriation for use by the network and, when considered 12,758
practical by the department, may utilize the services of 12,759
appropriate state purchasing agencies. 12,760
Of the foregoing appropriation item 200-426, Ohio 12,762
Educational Computer Network, up to $10,260,000 in fiscal year 12,763
2000 and $19,000,000 in fiscal year 2001 shall be used by the 12,764
Department of Education to support connections of all public 12,765
school buildings to the Ohio Education Computer Network. In each
fiscal year the Department of Education shall use these funds to 12,766
help reimburse data acquisition sites or school districts for the 12,767
operational costs associated with using the Ohio Education 12,768
Computer Network. The Department of Education shall develop a 12,769
formula and guidelines for the distribution of these funds to the 12,770
data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use 12,772
up to $1,939,772 to continue to manage and develop the statewide 12,773
union catalog and InfOhio Network of library resources that will 12,774
be accessible to all school districts through the Ohio Education 12,775
Computer Network up to $1,994,086 in fiscal year 2001 shall be 12,776
used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in 12,779
fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to 12,780
assist designated data acquisition sites with operational costs 12,781
associated with the increased use of the Ohio Education Computer 12,783
Network by chartered nonpublic schools. The Department of 12,784
Education shall develop a formula and guidelines for distribution 12,786
of these funds to designated data acquisition sites.
Section 4.07. School Improvement Models 12,788
The foregoing appropriation item 200-431, School 12,790
Improvement Models, shall be used by the Department of Education 12,791
to continue to support the creation of a statewide network of 12,792
school improvement sites by providing competitive venture capital 12,793
265
grants to schools that demonstrate the capacity to invent or 12,794
adapt school improvement models. The department shall showcase 12,795
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 12,796
administrators and teachers outside the district can benefit from 12,798
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 12,799
schools and up to $6,225,000 in fiscal year 2001 shall be used to 12,800
provide grants of $25,000 to 249 schools. 12,801
The Superintendent of Public Instruction shall assess 12,804
individual school district responses to the performance audits
conducted by the Auditor of State as required by Am. Sub. H.B. 12,805
215 of the 122nd General Assembly. These assessments shall be 12,807
compiled into a report to the Speaker of the House of 12,808
Representatives, the President of the Senate, and the chairs and
ranking minority members of the House and Senate committees on 12,809
education and finance. 12,810
Of the foregoing appropriation item 200-431, School 12,812
Improvement Models, $5,000,000 shall be used in each fiscal year 12,814
for the development and distribution of school report cards
pursuant to section 3302.03 of the Revised Code and the 12,815
development of core competencies for the proficiency tests. 12,816
Of the foregoing appropriation item 200-431, School 12,818
Improvement Models, $250,000 in each fiscal year shall be used 12,820
for the development and operation of a Safe Schools Center. The 12,821
Department of Education shall oversee the creation of a center 12,822
that provides resources to school district personnel, parents,
juvenile justice representatives, and law enforcement that 12,823
identify effective strategies for improving school safety and 12,824
reducing threats to the security of students and school 12,825
personnel.
Of the foregoing appropriation item 200-431, School 12,827
Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 12,828
in fiscal year 2001 shall be used to provide technical assistance 12,829
266
for comprehensive school improvement.
Of the foregoing appropriation item 200-431, School 12,831
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 12,832
in fiscal year 2001 shall be used for professional development in 12,833
literacy for classroom teachers, administrators, and literacy 12,834
specialists to support the OhioReads initiative.
School Conflict Management 12,836
Of the foregoing appropriation item 200-432, School 12,838
Conflict Management, amounts shall be used by the Department of 12,839
Education for the purpose of providing dispute resolution and 12,840
conflict management training, consultation, and materials for 12,841
school districts, and for the purpose of providing competitive 12,842
school conflict management grants to school districts. 12,843
The Department of Education shall assist the Commission on 12,845
Dispute Resolution and Conflict Management in the development and 12,846
dissemination of the school conflict management program. 12,848
Student Proficiency 12,850
The foregoing appropriation item 200-437, Student 12,852
Proficiency, shall be used to develop, field test, print, 12,853
distribute, score, and report results from the tests required 12,854
under sections 3301.0710 and 3301.0711 of the Revised Code and 12,856
for similar purposes as required by section 3301.27 of the 12,857
Revised Code.
American Sign Language 12,859
Of the foregoing appropriation item 200-441, American Sign 12,861
Language, up to $150,000 in each fiscal year shall be used to 12,863
implement pilot projects for the integration of American Sign 12,864
Language deaf language into the kindergarten through 12,865
twelfth-grade curriculum.
The remainder of the appropriation shall be used by the 12,867
Department of Education to provide supervision and consultation 12,868
to school districts in dealing with parents of handicapped 12,869
children who are deaf or hard of hearing, in integrating American 12,870
Sign Language as a foreign language, and in obtaining 12,871
267
interpreters and improving their skills. 12,872
Child Care Licensing 12,874
The foregoing appropriation item 200-442, Child Care 12,876
Licensing, shall be used by the Department of Education to 12,877
license and to inspect preschool and school-age child care 12,878
programs in accordance with sections 3301.52 to 3301.59 of the 12,879
Revised Code.
OhioReads Administration/Volunteer Support 12,881
The foregoing appropriation item 200-445, OhioReads 12,883
Admin/Volunteer Support, may be allocated by the OhioReads 12,884
Council for volunteer coordinators in public school buildings, to 12,885
educational service centers for costs associated with volunteer 12,886
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with 12,887
administering the program. 12,889
Section 4.08. Education Management Information System 12,891
The foregoing appropriation item 200-446, Education 12,893
Management Information System, shall be used to provide school 12,894
districts with the means to implement local automated information 12,895
systems, to implement the common student information management 12,896
software developed by the Department of Education, and to 12,897
implement, develop, and improve the Education Management 12,898
Information System (EMIS). 12,899
Up to $1,000,000 in each fiscal year shall be used by the 12,902
Department of Education to assist designated data acquisition 12,903
sites or school districts with deployment of the common student
information management software, and for hardware, personnel, 12,905
equipment, staff development, software, and forms modification, 12,906
as well as to support EMIS special report activities in the 12,907
department that are designed to use the data collected by the 12,908
system.
Up to $2,714,234 in fiscal year 2000 and $2,782,090 in 12,910
fiscal year 2001 shall be distributed to designated data 12,911
acquisition sites for costs relating to the processing, storing, 12,912
268
and transfer of data for the effective operation of the EMIS. 12,914
These costs may include, but are not limited to, personnel, 12,915
hardware, software development, communications connectivity, 12,916
professional development and support services, and to provide 12,917
services to participate in the State Education Technology Plan 12,918
pursuant to section 3301.07 of the Revised Code.
Up to $6,023,718 in fiscal year 2000 and $6,174,310 in 12,920
fiscal year 2001 shall be distributed to school districts and 12,921
joint vocational school districts on a per-pupil basis. From 12,922
this money, each school district with enrollment greater than 100 12,923
students and each vocational school district shall receive a 12,924
minimum of $5,000 for each year of the biennium. Each school 12,925
district with enrollment between one and one hundred and each 12,926
county office of education shall receive $3,000 for each year of 12,927
the biennium. This money shall be used for costs associated with 12,928
the development and operation of local automated record based 12,929
information systems that provide data as required by the 12,930
education management information system, and facilitate local 12,931
district, school, and classroom management activities. 12,932
GED Testing/Adult High School 12,934
The foregoing appropriation item 200-447, GED Testing/Adult 12,936
High School, shall be used to provide General Educational 12,937
Development (GED) testing at no cost to first time applicants, 12,938
pursuant to rules adopted by the State Board of Education. Of 12,939
the foregoing appropriation item 200-447, GED Testing/Adult High 12,940
School, up to $250,000 in each fiscal year shall be used by the 12,941
department to reimburse local shool districts for a portion of 12,943
the costs incurred in providing summer instructional or
intervention services to students who have not graduated due to 12,944
their inability to pass one or more parts of the state's ninth 12,945
grade proficiency test. School districts may provide these 12,946
services to students directly or contract with post-secondary or 12,947
nonprofit community-based institutions in providing instruction. 12,948
The remainder of the appropriation shall be used for state 12,949
269
reimbursement to school districts for adult high school
continuing education programs pursuant to section 3313.531 of the 12,950
Revised Code or for costs associated with awarding adult high 12,951
school diplomas under section 3313.611 of the Revised Code. 12,952
Community Schools 12,954
Of the foregoing appropriation item 200-455, Community 12,956
Schools, up to $100,000 in each fiscal year may be used by the 12,957
Lucas County Educational Service Center to pay for additional 12,958
services provided to community schools, subject to the reporting 12,959
by the service center of actual expenses incurred to the 12,960
Department of Education. In each fiscal year, up to $400,000 may 12,961
be used by the Office of School Options in the Department of 12,962
Education for additional services and responsibilities under 12,963
section 3314.11 of the Revised Code. 12,964
The remaining appropriation may be used by the Department 12,966
of Education and the Lucas County Educational Service Center to 12,967
make grants of up to $50,000 to each proposing group with a 12,968
preliminary agreement obtained under division (C)(2) of section 12,969
3314.02 of the Revised Code in order to defray planning and 12,972
initial start-up costs. In the first year of operation of a
community school, the Department of Education and the Lucas 12,973
County Educational Service Center may make a grant of no more 12,974
than $100,000 to the governing authority of the school to 12,975
partially defray additional start-up costs. The amount of the 12,976
grant shall be based on a thorough examination of the needs of 12,977
the community school. The Department of Education and the Lucas 12,978
County Educational Service Center shall not utilize moneys 12,979
received under this section for any other purpose other than 12,980
those specified under this section. The department shall 12,981
allocate an amount to the Lucas County Educational Service Center 12,982
for grants to schools in the Lucas County pilot project area 12,983
under this paragraph.
A community school awarded start-up grants from 12,985
appropriation item 200-613, Public Charter Schools (Fund 3T4), 12,986
270
shall not be eligible for grants under this section. 12,987
Section 4.09. School Finance Equity 12,989
The foregoing appropriation item 200-500, School Finance 12,991
Equity, shall be distributed to school districts based on the 12,992
formula specified in section 3317.0213 of the Revised Code. 12,993
Section 4.10. Base Cost Funding 12,995
Of the foregoing appropriation item 200-501, Base Cost 12,997
Funding, up to $3,000,000 in fiscal year 2000 shall be expended 12,999
by the State Board of Education for the extended service 13,000
allowance which shall be the teachers' salaries pursuant to the 13,001
schedule contained in section 3317.13 of the Revised Code, plus 13,002
fifteen per cent for retirement and sick leave; up to $425,000 13,004
shall be expended in each year of the biennium for court payments 13,005
pursuant to section 2151.357 of the Revised Code; an amount shall 13,006
be available each year of the biennium for the cost of the 13,007
reappraisal guarantee pursuant to section 3317.04 of the Revised 13,008
Code; an amount shall be available in each year of the biennium 13,009
to make payments to school districts pursuant to division (A)(2) 13,010
of section 3317.022 of the Revised Code; up to $15,000,000 in 13,011
each year of the biennium shall be reserved for payments pursuant 13,012
to sections 3317.026, 3317.027, and 3317.028 of the Revised Code 13,013
except that the Controlling Board may increase the $15,000,000 13,014
amount if presented with such a request from the Department of 13,015
Education. Of the foregoing appropriation item 200-501, Base 13,016
Cost Funding, up to $14,000,000 shall be used in each fiscal year 13,017
to provide additional state aid to school districts for students 13,018
in category three special education ADM pursuant to division 13,019
(C)(4) of section 3317.022 of the Revised Code; up to $2,000,000 13,020
in each year of the biennium shall be reserved for Youth Services 13,021
tuition payments pursuant to section 3317.024 of the Revised 13,022
Code; up to $50,000,000 in fiscal year 2000 and up to $52,000,000 13,024
in fiscal year 2001 shall be reserved to fund the state 13,025
reimbursement of educational service centers pursuant to section 13,026
3317.11 of the Revised Code.
271
Of the foregoing appropriation item 200-501, Base Cost 13,028
Funding, up to $1,000,000 in each fiscal year shall be used by 13,030
the Department of Education for a pilot program to pay for 13,031
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 13,032
facilities described in division (A) of the section titled 13,033
"Private Treatment Facility Pilot Project." 13,034
Of the foregoing appropriation item 200-501, Base Cost 13,036
Funding, up to $100,000 in each fiscal year shall be used by the 13,037
Department of Education to provide awards to teachers, school 13,038
buildings, or school districts that promote parental involvement 13,039
in outstanding ways. The practices, methods, and lessons learned 13,040
from the award winners shall be shared with all school districts 13,041
by the Department of Education. 13,042
Of the foregoing appropriation item 200-501, Base Cost 13,044
Funding, up to $2,000,000 in each fiscal year shall be used for a 13,045
safe-school help line program for students, parents, and the 13,046
community to report threats to the safety of students or school 13,047
personnel. Criteria for the distribution of these moneys shall 13,048
be established by the Department of Education.
The remaining portion of this appropriation item shall be 13,050
expended for the public schools of city, local, exempted village, 13,053
and joint vocational school districts, including base cost 13,054
funding, special education weight funding, special education 13,055
speech service enhancement funding, vocational education weight 13,056
funding, vocational education associated service funding, 13,057
guarantee funding, and teacher training and experience funding 13,058
pursuant to sections 3317.022, 3317.023, 3317.0212, and 3317.16 13,059
of the Revised Code. 13,060
Notwithstanding section 3301.17, division (I) of section 13,062
3317.024, and division (B)(3) of section 3317.19 of the Revised 13,063
Code, the Department of Education shall not pay in fiscal years 13,064
2000 and 2001 the driver education subsidy to school districts 13,065
and commercial driver training schools.
272
Section 4.11. Pupil Transportation 13,067
Of the foregoing appropriation item 200-502, Pupil 13,069
Transportation, up to $755,000 may be used by the Department of 13,070
Education each year for training prospective and experienced 13,071
school bus drivers in accordance with training programs 13,072
prescribed by the department; up to $38,175,000 in fiscal year 13,074
2000 and $50,490,000 in fiscal year 2001 shall be used for 13,075
handicapped transportation; up to $300,000 in fiscal year 2000 13,077
shall be used by the Department of Education to pay driver 13,078
education vouchers issued prior to June 8, 1999; and the 13,079
remainder shall be used for the state reimbursement of public 13,080
school districts' costs in transporting pupils to and from the 13,081
school to which they attend in accordance with the district's
policy, State Board of Education standards, and the Revised Code. 13,082
Bus Purchase Allowance 13,084
The foregoing appropriation item 200-503, Bus Purchase 13,086
Allowance, shall be distributed to school districts and 13,087
educational service centers pursuant to rules adopted under 13,089
section 3317.07 of the Revised Code. Up to 25 per cent of the 13,090
amount appropriated may be used to reimburse school districts and 13,091
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 13,093
School Lunch 13,095
The foregoing appropriation item 200-505, School Lunch 13,097
Match, shall be used to provide matching funds to obtain federal 13,098
funds for the school lunch program. 13,099
Section 4.12. Adult Literacy Education 13,101
The foregoing appropriation item 200-509, Adult Literacy 13,103
Education, shall be used to support adult basic and literacy 13,104
education instructional programs, the State Literacy Resource 13,105
Center Program, and the State Advisory Council on Adult Education 13,106
and Literacy. 13,107
Of the foregoing appropriation item 200-509, Adult Literacy 13,110
Education, up to $520,000 in fiscal year 2000 and $532,500 in 13,111
273
fiscal year 2001 shall be used for the support and operation of 13,113
the State Literacy Resource Center and the State Advisory Council 13,114
on Adult Education and Literacy.
The remainder shall be used to continue to satisfy the 13,116
state match and maintenance of effort requirements for the 13,117
support and operation of the Ohio Department of Education 13,119
administered instructional grant program for Adult Basic and 13,120
Literacy Education in accordance with the department's state plan 13,121
for Adult Basic and Literacy Education as approved by the State 13,122
Board of Education and the Secretary of the United States 13,123
Department of Education.
Auxiliary Services 13,125
The foregoing appropriation item 200-511, Auxiliary 13,127
Services, shall be used by the State Board of Education for the 13,128
purpose of implementing section 3317.06 of the Revised Code. Of 13,129
the appropriation, up to $1,000,000 in each fiscal year of the 13,130
biennium may be used for payment of the Post-Secondary Enrollment 13,131
Options Program for nonpublic students pursuant to section 13,132
3365.10 of the Revised Code. 13,133
Summer Intervention 13,135
Of the foregoing appropriation item 200-513, Summer 13,137
Intervention, up to $15,000,000 in each fiscal year shall be used 13,138
to provide intervention services to students in danger of not 13,139
advancing to the fifth grade as a result of a failure to attain 13,140
the score designated under division (A)(1) of section 3301.0710 13,141
of the Revised Code on the test to measure skill in reading. 13,142
These moneys shall be used to provide equalized reimbursement 13,143
payments using the state aid ratio to school districts providing 13,144
summer intervention services satisfying criteria defined in 13,145
division (E) of section 3313.608 of the Revised Code. The 13,146
Department of Education shall establish guidelines for the use 13,147
and distribution of these moneys.
Post-Secondary/Adult Vocational Education 13,149
The foregoing appropriation item 200-514, 13,151
274
Post-Secondary/Adult Vocational Education, shall be used by the 13,152
State Board of Education to provide post-secondary/adult 13,153
vocational education pursuant to sections 3313.52 and 3313.53 of 13,154
the Revised Code. 13,155
Of the foregoing appropriation item 200-514, 13,157
Post-Secondary/Adult Vocational Education, up to $500,000 in each 13,159
fiscal year shall be allocated for the Ohio Career Information 13,160
System (OCIS) and used for the dissemination of career 13,161
information data to public schools, libraries, rehabilitation 13,162
centers, two- and four-year colleges and universities, and other 13,163
governmental units. 13,164
Of the foregoing appropriation item 200-514, 13,166
Post-Secondary/Adult Vocational Education, up to $30,000 in each 13,167
fiscal year shall be used for the statewide coordination of the 13,168
activities of the Ohio Young Farmers.
The Governor's Workforce Development Board shall examine 13,170
the sites statewide participating in the Orientation to 13,171
Nontraditional Occupations for Women Program and consider making 13,172
recommendations for funding the program under the proposed 13,173
Department of Job and Family Services. In the event that the 13,174
Department of Job and Family Services is not created through the 13,175
merger of the Department of Human Services and Bureau of 13,176
Employment Services in fiscal year 2001, the Workforce
Development Board shall make any recommendations for funding the 13,177
program to the individual agencies. 13,178
Disadvantaged Pupil Impact Aid 13,180
The foregoing appropriation item 200-520, Disadvantaged 13,182
Pupil Impact Aid, shall be distributed to school districts 13,183
according to the provisions of section 3317.029 of the Revised 13,185
Code. However, no money shall be distributed for all-day 13,187
kindergarten to any school district whose three-year average 13,188
formula ADM exceeds 17,500 but whose DPIA index is not at least 13,189
equal to 1.00, unless the Department of Education certifies that 13,190
sufficient funds exist in this appropriation to make all other 13,192
275
payments required by section 3317.029 of the Revised Code. 13,193
The Department of Education shall pay all-day, everyday 13,195
kindergarten funding to all school districts in fiscal year 2000 13,196
and fiscal year 2001 that qualified for and provided the service 13,197
in a preceding fiscal year pursuant to section 3317.029 of the 13,199
Revised Code, regardless of changes to such districts' DPIA
indexes in fiscal year 2000 and fiscal year 2001. 13,200
The Department of Education shall pay to community schools 13,203
an amount for all-day kindergarten if the school district in
which the student is entitled to attend school is eligible but 13,204
does not receive a payment for all-day kindergarten, pursuant to 13,205
division (B) of section 3314.13 of the Revised Code, and the 13,206
student is reported by the community school as enrolled in 13,207
all-day kindergarten at the community school. 13,208
Of the foregoing appropriation item 200-520, Disadvantaged 13,210
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 13,211
shall be used for school breakfast programs. Of the $3,000,000, 13,212
up to $500,000 shall be used each year by the Department of 13,214
Education to provide start-up grants to rural school districts 13,215
and to school districts with less than 1,500 ADM that start 13,216
school breakfast programs. The remainder of the $3,000,000 shall 13,217
be used to: (1) partially reimburse school buildings within 13,218
school districts that are required to have a school breakfast 13,219
program pursuant to section 3313.813 of the Revised Code, at a 13,220
rate decided upon by the department, for each breakfast served to
any pupil enrolled in the district; (2) partially reimburse 13,221
districts participating in the National School Lunch Program that 13,222
have at least 20 per cent of students who are eligible for free 13,223
and reduced meals according to federal standards, at a rate 13,224
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 13,225
breakfast served to children eligible for free and reduced meals 13,226
enrolled in the district, at a rate decided upon by the 13,227
department.
276
Of the portion of the funds distributed to the Cleveland 13,229
City School District under section 3317.029 of the Revised Code 13,230
calculated under division (F)(2) of that section, up to 13,231
$11,217,000 in fiscal year 2000 and up to $13,866,000 in fiscal 13,232
year 2001 shall be used to operate the pilot school choice 13,234
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 13,235
Of the foregoing appropriation item 200-520, Disadvantaged 13,237
Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in 13,238
fiscal year 2001 shall be used to support dropout recovery 13,239
programs administered by the Department of Education, Jobs for 13,240
Ohio's Graduates program. 13,241
Of the foregoing appropriation item 200-520, Disadvantaged 13,244
Pupil Impact Aid, up to $500,000 in each fiscal year shall be 13,245
used by the Department of Education to encourage school districts 13,246
to set high academic standards and provide a helping hand for 13,247
students striving to meet them. A Summer Proficiency Academy
shall be any school district's summer school program that is 13,249
conducted for students who have been enrolled in the fourth and 13,250
sixth grades, whether district-wide, in several school buildings 13,251
or within a cluster of school buildings, that addresses the needs 13,253
of students who did not pass at least three of the five parts of 13,254
either the fourth-grade or sixth-grade proficiency test, that is 13,255
of at least six weeks' duration, and that provides an innovative, 13,256
enriching educational experience. The department shall use the 13,257
funds indicated in this paragraph to make grants to those school 13,258
districts that conduct such Summer Proficiency Academies and that 13,259
have valuation per pupil less than 150 per cent of the statewide 13,260
average valuation per pupil, to defray 75 per cent of the costs 13,261
of conducting such academies. The amount of each grant shall not 13,262
exceed $150,000 and each school district shall be eligible for up 13,263
to four grants in each fiscal year. Grants shall be made to 13,264
school districts based on the percentage of students failing 13,265
three or more tests, with first priority given to districts with 13,266
277
the highest failure rates. As used in this paragraph, "valuation 13,267
per pupil" has the same meaning as in division (A)(4) of section 13,269
3317.0212 of the Revised Code as it existed prior to July 1, 13,270
1998.
There is hereby created the Alternative Education Advisory 13,272
Council which shall consist of one representative from each of 13,273
the following agencies: The Ohio Department of Education, the 13,274
Department of Youth Services, the Ohio Department of Alcohol and 13,275
Drug Addiction Services, the Department of Mental Health, the
Office of the Governor or at the Governor's discretion the Office 13,277
of the Lieutenant Governor, and the Office of the Attorney 13,278
General. The Alternative Education Advisory Council shall cease 13,279
to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged 13,281
Pupil Impact Aid, $10,000,000 in each fiscal year shall be used 13,282
for matching grants to the 21 urban school districts as defined 13,283
in division (O) of section 3317.02 of the Revised Code as it 13,284
existed prior to July 1, 1998, and $10,000,000 in each fiscal 13,285
year shall be used for matching grants to rural and suburban
school districts for alternative educational programs for 13,286
existing and new at-risk and delinquent youth in grades six 13,288
through twelve. Programs shall be focused on youth in one or 13,289
more of the following categories: those who have been expelled
or suspended, those at risk of dropping out of school, those who 13,290
are habitually truant or disruptive, or those on probation or on 13,291
parole from a Department of Youth Service's facility. The 13,292
Alternative Education Advisory Council shall develop criteria for 13,293
the awarding of grants for alternative educational programs to 13,294
school districts. The grants shall be administered by the Ohio
Department of Education. 13,295
Section 4.13. Gifted Pupil Program 13,297
The foregoing appropriation item 200-521, Gifted Pupil 13,299
Program, shall be used for gifted education units not to exceed 13,300
950 in each fiscal year of the biennium pursuant to division (P) 13,301
278
of section 3317.024 and division (F) of section 3317.025 of the 13,303
Revised Code.
Of the foregoing appropriation item 200-521, Gifted Pupil 13,305
Program, up to $5,000,000 in each fiscal year of the biennium may 13,306
be used as an additional supplement for identifying gifted 13,307
students pursuant to Chapter 3324. of the Revised Code. 13,308
Of the foregoing appropriation item 200-521, Gifted Pupil 13,309
Program, the Department of Education may expend up to $1,000,000 13,310
each year for the Summer Honors Institute for gifted freshmen and 13,312
sophomore high school students. Up to $600,000 in each fiscal 13,313
year shall be used for research and demonstration projects.
Section 4.14. Educational Excellence and Competency 13,315
Of the foregoing appropriation item 200-524, Educational 13,317
Excellence and Competency, up to $35,000 in each fiscal year 13,318
shall be reserved for the Ohio Science Olympiad and up to $25,000 13,319
in each fiscal year shall be reserved for the International 13,321
Science and Engineering Fair. Up to $250,000 in each fiscal year 13,323
shall be reserved for a Math and Science Initiative to enhance 13,325
math and science education for elementary students in a 13,326
county-wide collaborative. 13,327
Of the foregoing appropriation item 200-524, Educational 13,329
Excellence and Competency, up to $100,000 may be used in fiscal 13,330
year 2001 by the Girl Scouts of Central Ohio. 13,331
Of the foregoing appropriation item 200-524, Educational 13,333
Excellence and Competency, up to $100,000 in each fiscal year 13,334
shall be used for the EQUIP Program. Up to $50,000 in each 13,335
fiscal year shall be used for the Cincinnati Central Clinic. Up 13,336
to $150,000 in fiscal year 2000 and $125,000 in fiscal year 2001 13,337
shall be distributed to the Franklin County Educational Council 13,338
to operate the Magellan Program. Up to $50,000 in each fiscal 13,339
year shall be used for the Findlay-Hancock Summer Academic Camp. 13,340
Of the foregoing appropriation item 200-524, Educational 13,342
Excellence and Competency, up to $90,000 in fiscal year 2000 and 13,343
$80,000 in fiscal year 2001 shall be used for the Cleveland 13,344
279
Language Project; up to $20,000 in each fiscal year shall be used 13,345
for the Cincinnati Language Project; up to $20,000 in fiscal year 13,346
2000 and $30,000 in fiscal year 2001 shall be used for the 13,347
Columbus Language Project; and up to $20,000 in each fiscal year 13,348
shall be used for the Dayton Language Project;
Of the foregoing appropriation item 200-524, Educational 13,350
Excellence and Competency, up to $50,000 in each year of the 13,351
biennium may be used by the Springfield School District to 13,352
support the Aid for College Opportunity Program. 13,353
The Department of Education shall distribute $150,000 in 13,355
fiscal year 2000 and $100,000 in fiscal year 2001 to the 13,356
Christopher Project. The department shall distribute $80,000 in 13,357
fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional 13,359
District/University Consortium to Validate At-Risk Programs for 13,360
Rural School Districts. The Department shall distribute $75,000
in each fiscal year to the Cincinnati Artworks Project. In each 13,361
fiscal year of the biennium, $100,000 shall be used for Ledgemont 13,363
Education Excellency. In addition, the department shall
distribute $275,000 in each fiscal year to the Summit County 13,364
Technology Project. 13,365
Of the foregoing appropriation item 200-524, Educational 13,367
Excellence and Competency, $48,333 in fiscal year 2000 and 13,368
$36,667 in fiscal year 2001 shall be distributed to the Ohio 13,369
Geographical Alliance at such time as matching funds are provided 13,370
by the National Geographical Society. These moneys shall be used
by the Ohio Geographical Alliance to provide geography training 13,371
to public school teachers. 13,372
In each fiscal year, $300,000 shall be used for a pilot 13,374
project for the integration and implementation of distance 13,375
learning, virtual reality, and computer technology to prepare 13,376
students for careers in industry. Of this amount, $65,000 in 13,377
each fiscal year shall be distributed to the Math, Science and 13,378
Industrial Technology Institute at Kent State University-Trumbull 13,379
Campus for purposes of this pilot project and $235,000 in each 13,380
280
fiscal year shall be distributed to the Trumbull County 13,381
Educational Service Center for the Industrial Technology Career 13,382
Academy pilot project. In each fiscal year, $140,000 shall be 13,383
used for the Crouse School Readiness Program. 13,384
Of the foregoing appropriation item 200-524, Educational 13,387
Excellence and Competency, $850,000 in fiscal year 2000 and 13,388
$850,000 in fiscal year 2001 shall be used to assist local school 13,389
districts in the implementation of financial literacy programs as 13,390
part of the school curriculum in kindergarten through grade six. 13,391
The funds shall be used to purchase financial literacy 13,392
instructional materials, including student books, hands-on 13,393
material, and supporting teacher guides, which promote economic 13,394
awareness by addressing fundamental life skills such as earning
money, saving money, and spending money wisely. The financial 13,395
literacy curriculum shall also introduce students to the concepts 13,396
of economic interdependence, profit, loss, investment, and supply 13,397
and demand. In fiscal year 2001, each school district shall be 13,398
eligible for one $1,000 grant for each kindergarten through sixth 13,399
grade level in each school building. A school building with five 13,401
or more classes per grade level may receive up to $2,000 for that 13,402
grade level.
The remainder of the appropriation shall be used by the 13,404
Department of Education to fund programs each year as follows: 13,406
FY 2000 FY 2001 13,408
Earn and Learn $ 686,667 $ 343,333 13,409
Trumbull County "Make Learning 13,410
Fun" $ 50,000 $ 25,000 13,411
LEAF $ 65,000 $ 65,000 13,412
Coventry $ 16,667 $ 8,333 13,413
Columbus Youth Corp $ 33,333 $ 16,667 13,414
Montgomery County Summer Math 13,415
program $ 143,333 $ 71,667 13,416
Columbus City District's "I Know I 13,417
Can" $ 645,000 $ 645,000 13,418
281
Dayton-Montgomery County Scholarship 13,419
Program $ 600,000 $ 600,000 13,420
Cleveland Scholarship $ 500,000 $ 500,000 13,421
Cleveland Initiative for Education $ 240,000 $ 120,000 13,422
Cincinnati Scholarship Foundation $ 600,000 $ 600,000 13,423
Improved Solutions for Urban Systems 13,424
(ISUS) $ 100,000 $ 100,000 13,425
Lorain County Access $ 150,000 $ 150,000 13,426
Amer-I-Can $ 850,000 $ 850,000 13,427
London Learns $ 100,000 $ 100,000 13,428
Project Succeed $1,000,000 $1,000,000 13,429
Toledo Tech Academy $ 300,000 $ 300,000 13,430
Toledo International Language 13,431
Center $ 133,333 $ 66,667 13,432
Greater Toledo School-To-Work 13,433
Consortium $ 100,000 $ 100,000 13,434
Muskingum Valley Services Center $ 100,000 $ 100,000 13,435
O.U. Leadership $ 75,000 $ 75,000 13,436
For the Cleveland Initiative in Education program, the 13,438
grant shall support its mentoring and advocacy program. 13,439
Of the foregoing appropriation item 200-524, Educational 13,441
Excellence and Competency, $83,000 in fiscal year 2000 and 13,442
$83,000 in fiscal year 2001 shall be used for the Shaker Heights 13,443
Educational Mobility program. 13,444
Of the foregoing appropriation item 200-524, Educational 13,446
Excellence and Competency, up to $100,000 in fiscal year 2000 and 13,447
$150,000 in fiscal year 2001 shall be used for grants to Ohio 13,448
school districts for the JASON Project, a specially designed 13,449
interactive science and mathematics curriculum for middle school 13,450
students. Grants may provide up to 75 per cent of a school
district's total cost of participation and may be used to 13,451
purchase curriculum materials, supplemental videos, and 13,452
professional development materials. Grants may also include 13,453
miscellaneous costs such as technology equipment and service
282
fees.
Of the foregoing appropriation item 200-524, Educational 13,455
Excellence and Competency, up to $133,333 in fiscal year 2000 and 13,456
$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois 13,457
Talented Tenth Teacher Training Academy. The program will 13,458
provide a summer honors program to promising minority students 13,459
identified by their school districts as potential future
teachers.
Of the foregoing appropriation item 200-524, Educational 13,461
Excellence and Competency, up to $100,000 in each fiscal year 13,462
shall be used for the Parenting Healthy Children Initiative of 13,463
the Manuel D. and Rhoda Mayerson Foundation. 13,464
Of the foregoing appropriation item 200-524, Educational 13,466
Excellence and Competency, up to $200,000 in each fiscal year 13,467
shall be used for the Tuscarawas County Innovative Remediation 13,468
Program to provide grants to school districts within Tuscarawas 13,469
County. 13,470
Of the foregoing appropriation item 200-524, Educational 13,472
Excellence and Competency, up to $5,000 in each fiscal year shall 13,473
be used for the Buckeye Ranch Animal Therapy Program. 13,474
Each program or entity that receives funds under the 13,476
foregoing appropriation item 200-524, Educational Excellence and 13,478
Competency, shall submit annually to the chairpersons of the 13,479
education committees of the House of Representatives and the 13,480
Senate and to the Department of Education a report that includes 13,481
a description of the services supported by the funds, a 13,482
description of the results achieved by those services, an 13,483
analysis of the effectiveness of the program, and an opinion as 13,484
to the program's applicability to other school districts. No 13,485
funds shall be provided by the Department of Education to a 13,486
district for a fiscal year until its report for the prior fiscal 13,488
year has been submitted.
Of the foregoing appropriation item 200-524, Educational 13,490
Excellence and Competency, $40,000 in each fiscal year shall be 13,491
283
used for the Health Education Center of The Greater Cincinnati 13,492
Scholarship Fund to provide scholarships to students in Hamilton, 13,493
Butler, Clermont, and Warren Counties to attend health education 13,494
programming provided by the center. Eligibility for scholarships 13,495
shall be restricted to students currently attending school 13,496
districts receiving funding under Title I of the Elementary and 13,497
Secondary Education Act of 1965. 13,498
Nonpublic Administrative Cost Reimbursement 13,500
The foregoing appropriation item 200-532, Nonpublic 13,502
Administrative Cost Reimbursement, shall be used by the State 13,503
Board of Education for the purpose of implementing section 13,504
3317.063 of the Revised Code. 13,505
School-Age Child Care 13,507
Of the foregoing appropriation item 200-533, School-Age 13,509
Child Care, up to $200,000 in each fiscal year shall be used for 13,510
the "Training Ohio's Parents for Success" Program. Up to 13,511
$500,000 in each fiscal year shall be used for the "Parents as 13,513
Teachers" Program.
Of the foregoing appropriation item 200-533, School-Age 13,515
Child Care, up to $62,500 in each fiscal year shall be used by 13,516
the Cincinnati YWCA for its Home Instruction Program for 13,517
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 13,519
program of child care conducted outside of regular school hours 13,520
for school age children. 13,521
The remainder of the foregoing appropriation item 200-533, 13,523
School-Age Child Care, shall be used by the Department of 13,524
Education to provide grants to city, local, and exempted village 13,525
school districts and educational service centers for school-age 13,526
child care programs. In each fiscal year, the department shall 13,527
make grants. All grants shall be awarded by the department on 13,529
the basis of project proposals submitted by school district 13,530
boards of education or educational service center governing
boards. The board of education of each district or governing 13,532
284
board of each educational service center that receives a grant 13,533
shall keep a record of how the grant is used, and issue a report 13,534
at the end of the school year for which the grant was made 13,535
explaining the goals and objectives determined, the activities 13,536
implemented, and the progress made toward achieving goals and 13,537
objectives.
Desegregation Costs 13,539
The foregoing appropriation item 200-534, Desegregation 13,541
Costs, shall be used to pay desegregation costs. 13,542
(A) Notwithstanding any section of law to the contrary, if 13,545
in each fiscal year, due to federal court order, the Department 13,546
of Education is obligated to pay for desegregation costs in any 13,547
school district, the costs shall be paid from the foregoing 13,548
appropriation item 200-534, Desegregation Costs. 13,549
Of the foregoing appropriation item 200-534, Desegregation 13,551
Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated 13,552
balances may be used to cover the legal fees associated with 13,555
desegregation cases brought against the state.
By the first day of May of each year, the Department of 13,557
Education shall determine if the appropriation exceeds the 13,558
state's obligation for desegregation costs. Any appropriations 13,559
in excess of the state's obligation shall be transferred to 13,560
appropriation item 200-406, Head Start, by the Director of Budget 13,561
and Management.
(B) As part of managing state desegregation costs, any 13,563
board of education of a school district subject to a federal 13,564
court desegregation order that requires the district board to bus 13,565
students for the purpose of racial balance shall, within one year 13,566
of the effective date of this section: 13,567
(1) Update its plan required under Am. Sub. H.B. 298 of 13,569
the 119th General Assembly designed to satisfy the court so as to 13,570
obtain release from the court's desegregation order; and 13,571
(2) Submit an updated copy of the plan to the State Board 13,573
of Education. 13,574
285
Upon request of the district board, the State Board shall provide 13,577
technical assistance to the school district board in developing a 13,578
plan.
Within ninety days of the date on which the plan is 13,580
submitted to the State Board of Education, the district board, or 13,581
the district board and the State Board of Education jointly if 13,583
both are parties to the desegregation case, shall submit the plan 13,585
to the court and apply for release from the court's desegregation 13,586
order.
Of the foregoing appropriation item 200-534, Desegregation 13,588
Costs, Dayton City Schools shall receive at least $9,000,000 in 13,589
each of fiscal year 2000 and fiscal year 2001. 13,590
Section 4.15. Special Education Enhancements 13,592
Of the foregoing appropriation item 200-540, Special 13,594
Education Enhancements, up to $44,000,000 in fiscal year 2000 and 13,596
up to $48,400,000 in fiscal year 2001 shall be used to fund 13,597
special education and related services at MR/DD boards for 13,598
eligible students under section 3317.20 of the Revised Code. Up 13,599
to $2,500,000 of these amounts shall be used in each fiscal year 13,600
to fund up to 57 special education classroom and related services 13,601
units at institutions. 13,602
Of the foregoing appropriation item 200-540, Special 13,604
Education Enhancements, up to $3,081,000 in fiscal year 2000 and 13,606
$3,167,268 in fiscal year 2001 shall be used for home instruction 13,607
for handicapped children; up to $1,500,000 in each fiscal year 13,609
shall be used for parent mentoring programs; and up to $2,567,000 13,612
in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be
used for school psychology interns. 13,613
Of the foregoing appropriation item 200-540, Special 13,615
Education Enhancements, $2,550,800 in fiscal year 2000 and 13,616
$3,704,000 in fiscal year 2001 shall be used by the Department of 13,618
Education to assist school districts in funding aides pursuant to 13,619
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the 13,621
Administrative Code.
286
Of the foregoing appropriation item 200-540, Special 13,623
Education Enhancements, $71,934,548 in fiscal year 2000 and 13,624
$76,623,506 in fiscal year 2001 shall be distributed by the 13,626
Department of Education to county boards of mental retardation 13,627
and developmental disabilities, educational service centers, and 13,628
school districts for preschool special education units and 13,629
preschool supervisory units in accordance with section 3317.161 13,630
of the Revised Code. The department may reimburse county boards 13,631
of mental retardation and developmental disabilities, educational 13,632
service centers, and school districts for related services as 13,633
defined in rule 3301-31-05 of the Ohio Administrative Code, for 13,634
preschool occupational and physical therapy services provided by 13,635
a physical therapy assistant and certified occupational therapy 13,636
assistant, and for an instructional assistant. To the greatest 13,637
extent possible, the Department of Education shall allocate these 13,638
units to school districts and educational service centers. The 13,639
Controlling Board may approve the transfer of unallocated funds 13,640
from appropriation item 200-501, Base Cost Funding, to 13,641
appropriation item 200-540, Special Education Enhancements, to 13,643
fully fund existing units as necessary or to fully fund 13,644
additional units. The Controlling Board may approve the transfer 13,645
of unallocated funds from appropriation item 200-540, Special 13,647
Education Enhancements, to appropriation item 200-501, Base Cost 13,648
Funding, to fully fund existing units, as necessary, or to fully 13,650
fund additional units.
The Department of Education shall require school districts, 13,652
educational service centers, and county MR/DD boards serving 13,653
preschool children with disabilities to document child progress 13,654
using a common instrument prescribed by the department and report 13,655
results annually. The reporting dates and methodology shall be 13,656
determined by the department. 13,657
The department shall adopt rules addressing the use of 13,659
screening and assessment data including, but not limited to: 13,660
(1) Protection of the identity of individual children 13,663
287
through assignment of a unique, but not personally identifiable, 13,664
code;
(2) Parents' rights; and 13,666
(3) Use of the child data by school personnel as it 13,668
relates to kindergarten entrance. 13,669
Of the foregoing appropriation item 200-540, Special 13,671
Education Enhancements, up to $800,000 in each fiscal year shall 13,672
be allocated to provide grants to research-based reading 13,673
mentoring programs for students with disabilities in kindergarten 13,674
through fourth grade. Priority shall be given to mentoring 13,675
programs that have been recognized by the Education Commission of 13,676
the States as promising educational practices for accelerating 13,677
student achievement, are easily replicated, have strong 13,678
evaluative components, and goals aligned to the Ohio Proficiency 13,679
Test. Programs may be implemented at times deemed most 13,680
appropriate. Certified staff shall administer these programs and 13,681
testing of participants shall be required prior to, during, and 13,682
after participation in these programs. The results of such tests 13,683
shall be reported to the Governor, Superintendent of Public 13,684
Instruction, and General Assembly. 13,685
Of the foregoing appropriation item 200-540, Special 13,687
Education Enhancements, up to $93,000 in fiscal year 2000 and up 13,688
to $86,000 in fiscal year 2001 shall be used to conduct a 13,689
collaborative pilot program to provide educational services and 13,690
develop best educational practices for autistic children. The 13,691
pilot program shall include, but not be limited to, the 13,692
involvement of the Wood County Board of Mental Retardation and 13,693
Developmental Disabilities, Wood County Educational Services 13,694
Center, Children's Resource Center of Wood County, and the Family 13,695
and Children First Council of Wood County. 13,696
Of the foregoing appropriation item 200-540, Special 13,698
Education Enhancements, up to $16,000 in fiscal year 2000 may be 13,699
used by the Broadmore School to fund the Autistic Children 13,700
Rehabilitation Program.
288
Of the foregoing appropriation item 200-540, Special 13,702
Education Enhancements, up to $300,000 in each fiscal year shall 13,703
be expended to conduct a demonstration project involving language 13,704
and literacy intervention teams supporting student acquisition of 13,705
language and literacy skills. The demonstration project shall 13,706
demonstrate improvement of language and literacy skills of 13,707
at-risk learners under the instruction of certified speech 13,708
language pathologists and educators. Baseline data shall be 13,709
collected and comparison data for fiscal year 2000 and fiscal 13,710
year 2001 shall be collected and reported to the Governor, 13,711
OhioReads Council, Department of Education, and the General 13,712
Assembly.
Section 4.16. Vocational Education Enhancements 13,714
Of the foregoing appropriation item 200-545, Vocational 13,716
Education Enhancements, up to $2,500,000 in fiscal year 2000 and 13,717
$2,616,000 in fiscal year 2001 shall be used to fund up to 51 13,719
vocational education units at institutions. Up to $9,975,000 in 13,721
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 13,723
$2,315,200 in fiscal year 2000 and up to $2,431,012 in fiscal 13,724
year 2001 may be used to support tech prep consortia. 13,725
Of the foregoing appropriation item 200-545, Vocational 13,727
Education Enhancements, up to $4,270,030 in fiscal year 2000 and 13,728
up to $4,483,531 in fiscal year 2001 shall be used by the 13,729
Department of Education to fund competitive grants to tech prep 13,730
consortia that expand the number of students enrolled in tech 13,731
prep programs. Such grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled 13,732
in school districts, including joint vocational school districts. 13,733
If federal funds for vocational education cannot be used 13,736
for local school district leadership without being matched by 13,737
state funds, then an amount as determined by the Superintendent 13,738
of Public Instruction shall be made available from state funds 13,740
appropriated for vocational education. If any state funds are 13,741
289
used for this purpose, federal funds in an equal amount shall be 13,742
distributed for vocational education in accordance with
authorization of the state plan for vocational education for Ohio 13,743
as approved by the Secretary of the United States Department of 13,745
Education.
Of the foregoing appropriation item 200-545, Vocational 13,747
Education Enhancements, $6,144,277 in fiscal year 2000 and 13,749
$6,451,490 in fiscal year 2001 shall be used to enable students
to develop career plans, to identify initial educational and 13,751
career goals, and to develop a career passport which provides a 13,752
clear understanding of the student's knowledge, skills, and 13,753
credentials to present to future employers, universities, and 13,754
other training institutes. The amount shall be allocated to
school districts pursuant to guidelines developed by the 13,757
Department of Education for programs described in section 13,758
3313.607 of the Revised Code for children in the kindergarten 13,760
through twelfth grades. Funds so allocated shall be used for
educational materials, services, career information, curriculum 13,761
development, staff development, mentorships, career exploration, 13,762
and career assessment instruments as needed to develop 13,763
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational 13,765
Education Enhancements, $5,188,703 in fiscal year 2000 and 13,766
$5,707,573 in fiscal year 2001 shall be used to provide an amount 13,768
to each eligible school district for the replacement or updating 13,769
of equipment essential for the instruction of students in job 13,770
skills taught as part of a vocational program or programs
approved for such instruction by the State Board of Education. 13,772
School districts replacing or updating vocational education 13,773
equipment may purchase or lease such equipment. The Department 13,774
of Education shall review and approve all equipment requests and 13,775
may allot appropriated funds to eligible school districts on the 13,777
basis of the number of units of vocational education in all 13,778
eligible districts making application for funds. 13,779
290
The State Board of Education may adopt standards of need 13,782
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 13,784
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 13,785
be provided to a school district on a 40, 50, or 60 per cent of 13,786
cost on the basis of a district vocational priority index rating 13,787
developed by the Department of Education for all districts each 13,789
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 13,790
shall include other socio-economic factors as determined by the 13,791
State Board of Education. 13,792
Section 4.17. Charge-Off Supplement 13,794
The foregoing appropriation item 200-546, Charge-Off 13,796
Supplement, shall be used by the Department of Education to make 13,797
payments pursuant to section 3317.0216 of the Revised Code. 13,798
Power Equalization 13,800
The foregoing appropriation item 200-547, Power 13,802
Equalization, shall be used by the Department of Education to 13,803
make payments pursuant to section 3317.0215 of the Revised Code. 13,804
Reading Improvement 13,806
The foregoing appropriation item 200-551, Reading 13,808
Improvement, shall be used by the Department of Education to fund 13,809
the Reading Recovery Training Network, to cover the cost of 13,810
release time for the teacher trainers, and to provide grants to 13,811
districts to implement other reading improvement programs on a 13,813
pilot basis. Funds for this appropriation item may also be used 13,815
to conduct evaluations of the impact and effectiveness of Reading 13,816
Recovery and other reading improvement programs. 13,817
In addition, the Department of Education shall report to 13,819
the General Assembly and the Governor each fiscal year on the 13,820
progress that has been made in implementing these programs, 13,821
including an evaluation of the effectiveness of the programs. 13,822
Twenty per cent of the foregoing appropriation item 13,824
291
200-551, Reading Improvement, shall be used for the continuation 13,825
of a phonics demonstration project as described in Sub. H.B. 81 13,826
of the 121st General Assembly. The Department of Education may 13,828
make a portion of the funds for the demonstration project 13,829
available to additional school districts that want to participate 13,830
in the program that did not receive funding under the original 13,831
project authorized in Sub. H.B. 81 of the 121st General Assembly. 13,832
County MR/DD Boards-Vehicle Purchases 13,834
The foregoing appropriation item 200-552, County MR/DD 13,836
Boards Vehicle Purchases, shall be used to provide financial 13,837
assistance to MR/DD boards for the purchase of vehicles as 13,838
permitted in section 3317.07 of the Revised Code. 13,839
The foregoing appropriation item 200-553, County MR/DD 13,841
Boards Transportation Operating, shall be used to provide 13,842
financial assistance for transportation operating costs as 13,843
provided in section 3317.024 of the Revised Code. 13,844
Emergency Loan Interest Subsidy 13,846
The foregoing appropriation item 200-558, Emergency Loan 13,848
Interest Subsidy, shall be used to provide a subsidy to school 13,850
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 13,851
these districts the difference between the amount of interest the 13,853
district is paying on an emergency loan, and the interest that 13,854
the district would have paid if the interest rate on the loan had 13,855
been two per cent.
Section 4.18. OhioReads Grants 13,857
Of the foregoing appropriation item 200-566, OhioReads 13,859
Grants, $20,000,000 each year shall be disbursed by the OhioReads 13,861
Office in the Department of Education at the direction of the 13,862
OhioReads Council, to provide classroom grants to public schools 13,863
in city, local, and exempted village school districts; community 13,864
schools; and educational service centers serving kindergarten 13,865
through fourth grade students. 13,866
Of the foregoing appropriation item 200-566, OhioReads 13,868
292
Grants, $5,000,000 each year shall be disbursed by the OhioReads 13,869
Office in the Department of Education at the direction of the 13,870
OhioReads Council, to provide community matching grants to 13,872
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 13,873
involvement.
Grants awarded by the OhioReads Council are intended to 13,875
improve reading outcomes, especially on the fourth grade reading 13,876
proficiency test.
School Improvement Incentive Grants 13,878
Of the foregoing appropriation item 200-570, School 13,880
Improvement Incentive Grants, $2,000,000 in each fiscal year 13,881
shall be used to provide grants of $25,000 per building for 13,883
improvements in reading performance based on selection criteria 13,884
developed by the OhioReads Council.
Of the foregoing appropriation items 200-570, School 13,886
Improvement Incentive Grants, $6,500,000 in each fiscal year 13,887
shall be used to provide grants of $25,000 each to elementary 13,889
schools and $50,000 each to middle schools, junior high schools, 13,890
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 13,891
on standards developed by the Department of Education. 13,892
Of the foregoing appropriation item 200-570, School 13,894
Improvement Incentive Grants, $500,000 in each fiscal year shall 13,895
be used to provide grants of $50,000 each to educational service 13,897
centers and joint vocational school districts for exemplary 13,898
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 13,899
on standards developed by the Department of Education. 13,900
Of the foregoing appropriation item 200-570, School 13,902
Improvement Incentive Grants, $1,000,000 in each fiscal year 13,903
shall be used to provide grants of $25,000 each to schools 13,905
selected for superior performance by BEST, Building Excellent
Schools for Today and the 21st Century. 13,906
293
Teacher Incentive Grants 13,908
The foregoing appropriation item 200-572, Teacher Incentive 13,910
Grants, shall be used by the Department of Education to pay 13,911
one-time stipends to qualified teachers of reading, mathematics, 13,912
and science. To be eligible, teacher applicants must hold a 13,913
valid teaching certificate; be employed by a city, local, 13,914
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 13,915
for teachers with a reading, mathematics, or science credential. 13,916
Individuals with an elementary school teaching certificate 13,918
that successfully complete a program for a reading endorsement, 13,919
and who successfully complete the examination prescribed by the 13,920
State Board of Education, shall be paid a stipend of $1,000. 13,921
Individuals with a high school teaching certificate that
successfully complete a program required to add mathematics or 13,922
science to that certificate, and who successfully complete the 13,923
mathematics or science examination prescribed by the State Board 13,924
of Education, shall be paid a stipend of $1,500. The variance in 13,925
stipend amounts reflects the variance in requirements to secure 13,926
the different credentials.
Character Education 13,928
Of the foregoing appropriation item 200-573, Character 13,930
Education, up to $50,000 in each fiscal year shall be used to 13,931
develop, produce, or otherwise obtain a distance learning 13,932
program, a video presentation, or other method of offering 13,933
instruction in character education to multiple school districts. 13,934
The program, presentation, or other method of instruction shall 13,935
be made available to all school districts. 13,936
The remainder of appropriation item 200-573, Character 13,938
Education, shall be used by the Department of Education to 13,940
provide matching grants of up to $50,000 each to school districts 13,941
to develop pilot character education programs.
Substance Abuse Prevention 13,943
Of the foregoing appropriation item 200-574, Substance 13,945
294
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 13,946
$2,120,000 in fiscal year 2001 shall be used for the Substance 13,947
Abuse Coordinators Program. Of the foregoing appropriation item 13,948
200-574, Substance Abuse Prevention, up to $300,000 in each
fiscal year of the biennium shall be used for the Substance Abuse 13,949
Prevention Student Assistance Program. 13,950
12th Grade Proficiency Stipend 13,952
The foregoing appropriation item 200-575, 12th Grade 13,954
Proficiency Stipend, shall be used to fund a $500 scholarship to 13,955
each student who meets the requirements of section 3365.15 of the 13,956
Revised Code.
Within thirty days of the effective date of this section, 13,958
the Director of Budget and Management shall transfer the 13,959
appropriation for this program to the Ohio Board of Regents for 13,960
its administration.
Auxiliary Services Mobile Repair 13,962
Notwithstanding section 3317.064 of the Revised Code, if 13,964
the unobligated cash balance is sufficient, the Treasurer of 13,965
State shall transfer $1,500,000 in fiscal year 2000 within thirty 13,966
days of the effective date of this section and $1,500,000 in 13,967
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 13,968
Personnel Unemployment Compensation Fund to the Department of 13,969
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 13,970
Within 30 days after the effective date of this section, 13,972
the Superintendent of Public Instruction shall certify to the 13,973
Director of Budget and Management the amount of cash to be 13,974
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 13,975
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 13,977
The Department of Education shall not commit or spend any 13,979
moneys from appropriation item 200-625, Coordinated School 13,980
Health, or appropriation item 200-668, AIDS Education, for 13,981
activities in preparation for or during the 1999-2000 school year 13,982
or for the 2000-2001 school year until the General Assembly has 13,983
295
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 13,984
the Senate votes on a concurrent resolution approving program 13,985
plans, its standing committee having principal jurisdiction over 13,986
primary and secondary education legislation shall conduct at 13,987
least one public hearing on the program plans. Tobacco use 13,988
prevention programs and dental health programs are exempt from
these requirements. 13,989
Section 4.19. Lottery Profits Education Fund 13,992
Appropriation item fund 017 200-612, Base Cost Funding, 13,995
shall be used in conjunction with GRF appropriation item 200-501, 13,996
Base Cost Funding, to provide payments to school districts
pursuant to Chapter 3317. of the Revised Code. 13,998
Of the foregoing appropriation item fund 017 200-612, Base 14,001
Cost Funding, $25,000,000 in each fiscal year shall be used from 14,002
the funds transferred from the Unclaimed Prizes Trust Fund 14,003
pursuant to the section entitled "Transfers from the Unclaimed 14,004
Prizes Fund" of this act.
The Department of Education, with the approval of the 14,006
Director of Budget and Management, shall determine the monthly 14,007
distribution schedules of the GRF appropriation item 200-501 and 14,008
fund 017 appropriation item 200-610. If adjustments to the 14,009
monthly distribution schedule are necessary, the Department of 14,011
Education shall make such adjustments with the approval of the 14,012
Director of Budget and Management. 14,013
The Director of Budget and Management shall transfer the 14,015
amount appropriated under the Lottery Profits Education Fund for 14,016
appropriation item 200-682, Lease Rental Payment Reimbursement, 14,017
to the General Revenue Fund on a schedule determined by the 14,018
director. These funds shall support the GRF appropriation item 14,019
230-428, Lease Rental Payments, of the School Facilities 14,020
Commission. 14,021
Lottery Profits Transfers* 14,023
On 15th day of May of each fiscal year, the Director of 14,025
296
Budget and Management shall determine if lottery profits 14,026
transfers will meet the appropriation amounts from the Lottery 14,027
Profits Education Fund. 14,028
On or after the date specified in each fiscal year, if the 14,030
director determines that lottery profits will not meet 14,031
appropriations and if other funds are not available to meet the 14,032
shortfall, the Superintendent of Public Instruction shall take 14,033
the actions specified under the "Reallocation of Funds" section 14,035
of this act.
Transfers from the Unclaimed Prizes Fund 14,037
By January 15 of fiscal year 2000 and by January 15 of 14,039
fiscal year 2001, the Director of Budget and Management shall 14,041
transfer $25,000,000 from the State Lottery Commission's 14,042
Unclaimed Prizes Fund to the Lottery Profits Education Fund, to
be used solely for purposes specified in the Department of 14,043
Education's budget. Transfers of unclaimed prizes under this 14,044
provision shall not count as lottery profits in the determination 14,045
made concerning excess profits titled "Lottery Profits" under the 14,047
Department of Education in this act.
Teacher Certification and Licensure 14,049
The foregoing appropriation item 200-681, Teacher 14,051
Certification and Licensure, shall be used by the Department of 14,052
Education in each year of the biennium to administer teacher 14,053
certification and licensure functions pursuant to sections 14,054
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 14,055
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 14,056
3319.51 of the Revised Code. 14,057
Section 4.20. Property Tax Allocation 14,059
The Superintendent of Public Instruction shall not request 14,061
and the Controlling Board shall not approve the transfer of funds 14,062
from appropriation item 200-901, Property Tax 14,063
Allocation-Education, to any other appropriation line item. 14,064
School District Solvency Assistance 14,066
The foregoing appropriation item 200-687, School District 14,068
297
Solvency Assistance, shall be used to make advancements to school 14,070
districts to enable them to remain solvent pursuant to section
3316.20 of the Revised Code. Advancements shall be subject to 14,071
approval by the Controlling Board. Reimbursements from school 14,073
districts for any amounts advanced shall be made to the School 14,074
District Solvency Assistance Fund. 14,075
Section 4.21. Distribution Formulas* 14,077
The Department of Education shall report the following to 14,079
the Director of Budget and Management, the Legislative Office of 14,080
Education Oversight, and the Legislative Budget Officer of the 14,081
Legislative Service Commission: 14,082
(A) Changes in formulas for distributing state 14,084
appropriations, including administratively defined formula 14,085
factors; 14,086
(B) Discretionary changes in formulas for distributing 14,088
federal appropriations; 14,089
(C) Federally mandated changes in formulas for 14,091
distributing federal appropriations. 14,092
Any such changes shall be reported two weeks prior to the 14,094
effective date of the change. 14,095
Section 4.22. Educational Service Centers Funding 14,097
Notwithstanding division (B) of section 3317.11 of the 14,099
Revised Code, no funds shall be provided to an educational 14,100
service center in either fiscal year for any pupils of a city or 14,101
exempted village school district unless an agreement to provide 14,102
services under section 3313.843 of the Revised Code was entered
into by January 1, 1997, except that funds shall be provided to 14,103
an educational service center for any pupils of a city school 14,104
district if the agreement to provide services was entered into 14,105
within one year of the date upon which such district changed from 14,106
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2000 for the 14,107
purposes of division (B) of section 3317.11 of the Revised Code, 14,108
the department shall first distribute to each educational service 14,109
298
center $32 per pupil in its service center ADM, as defined in 14,110
that section. The remaining funds in the fiscal year shall be 14,111
distributed to each educational service center at a rate of $32 14,112
per pupil in its client ADM, as defined in that section, that is
attributable to each city and exempted village school district 14,113
that had entered into an agreement with an educational service 14,114
center for that fiscal year under section 3313.843 of the Revised 14,115
Code by January 1, 1997, in order of the dates on which such 14,116
agreements were entered into, beginning with the earliest such 14,117
date; except that any service center that received funds for the
pupils of a city or exempted village school district in fiscal 14,118
year 1999 shall receive funds for the pupils of such district in 14,119
fiscal year 2000 if such district has entered into an agreement 14,120
with that educational service center for that fiscal year. If 14,121
insufficient funds are appropriated in fiscal year 2001 for the 14,122
purposes of division (B) of section 3317.11 of the Revised Code, 14,123
the department shall first distribute to each educational service 14,124
center $32 per pupil in its service center ADM. The remaining 14,125
funds in the fiscal year shall be distributed to each educational 14,126
service center at a rate of $32 per pupil in its client ADM 14,128
attributable to each city and exempted village school district
that had entered into an agreement with an educational service 14,129
center for that fiscal year under section 3313.843 of the Revised 14,130
Code by January 1, 1997, in order of the dates on which such 14,131
agreements were entered into, beginning with the earliest such 14,132
date; except that any educational service center that received 14,133
funds for the pupils in the ADM of a city or exempted village
school district in both fiscal years 1999 and 2000 shall receive 14,134
funds for the pupils of such district in fiscal year 2001 if such 14,135
district has entered into an agreement with that educational 14,136
service center for that fiscal year.
Section 4.23. Distribution-School District Subsidy 14,138
Payments 14,139
The provisions of this section shall not take effect unless 14,142
299
the Director of Budget and Management adopts an order putting 14,143
them into effect and certifies a copy of the order to the 14,144
Superintendent of Public Instruction and the Controlling Board. 14,145
Notwithstanding any other provision of the Revised Code, 14,147
the monthly distribution of payments made to school districts and 14,148
educational service centers pursuant to section 3317.01 of the 14,149
Revised Code for the first six months of each fiscal year shall 14,151
equal, as nearly as possible, six and two-thirds per cent of the 14,152
estimate of the amounts payable for each fiscal year. The 14,153
monthly distribution of payments for the last six months of each 14,154
fiscal year shall equal, as nearly as possible, ten per cent of 14,155
the final calculation of the amounts payable to each school 14,156
district for that fiscal year.
The treasurer of each school district or educational 14,158
service center may accrue, in addition to the payments defined in 14,160
this section, to the accounts of the calendar years that end 14,161
during each fiscal year, the difference between the sum of the 14,162
first six months' payments in each fiscal year and the amounts 14,163
the district would have received had the payments been made in, 14,164
as nearly as possible in each fiscal year, twelve equal monthly 14,165
payments.
Notwithstanding the limitations on the amount of borrowing 14,167
and time of payment provided for in section 133.10 of the Revised 14,168
Code but subject to the provisions of sections 133.26 and 133.30 14,169
of the Revised Code, a board of education of a school district 14,170
may at any time between July 1, 1999, and December 31, 1999, or 14,171
at any time between July 1, 2000, and December 31, 2000, borrow 14,172
money to pay any necessary and actual expenses of the school 14,173
district during the last six months of calendar years 1999 and 14,174
2000 and in anticipation of the receipt of any portion of the 14,175
payments to be received by that district in the first six months 14,176
of calendar years 2000 and 2001 representing the respective 14,177
amounts accrued pursuant to the preceding paragraph, and issue 14,178
notes to evidence that borrowing to mature no later than the 14,179
300
thirtieth day of June of the calendar year following the calendar 14,180
year in which such amount was borrowed. The principal amount 14,181
borrowed in the last six months of calendar years 1999 or 2000 14,182
under this paragraph may not exceed the entire amount accrued or 14,183
to be accrued by the district treasurer in those calendar years 14,184
pursuant to the preceding paragraph. The proceeds of the notes 14,185
shall be used only for the purposes for which the anticipated 14,186
receipts are lawfully appropriated by the board of education. No 14,187
board of education shall be required to use the authority granted 14,188
by this paragraph. The receipts so anticipated, and additional 14,189
amounts from distributions to the districts in the first six 14,190
months of calendar years 2000 and 2001 pursuant to Chapter 3317. 14,191
of the Revised Code needed to pay the interest on the notes, 14,192
shall be deemed appropriated by the board of education to the 14,193
extent necessary for the payment of the principal of and interest 14,194
on the notes at maturity, and the amounts necessary to make those 14,195
monthly distributions are hereby appropriated from the General 14,196
Revenue Fund. For the purpose of better ensuring the prompt 14,197
payment of principal of and interest on the notes when due, the 14,198
resolution of the board of education authorizing the notes may 14,199
direct that the amount of the receipts anticipated, together with 14,200
those additional amounts needed to pay the interest on the 14,201
borrowed amounts, shall be deposited and segregated, in trust or 14,202
otherwise, to the extent, at the time or times, and in the manner 14,203
provided in that resolution. The borrowing authorized by this 14,204
section shall not constitute debt for purposes of section 133.04 14,205
of the Revised Code. School districts shall be reimbursed by the 14,206
state for all necessary and actual costs to districts arising 14,207
from this provision, including, without limitation, the interest 14,208
paid on the notes while the notes are outstanding. The 14,209
Department of Education shall adopt rules that are not 14,210
inconsistent with this section for school district eligibility 14,211
and application for reimbursement of such costs. Payments of 14,212
these costs shall be made out of any anticipated balances in 14,213
301
appropriation items distributed under Chapter 3317. of the 14,214
Revised Code. The department shall submit all requests for 14,215
reimbursement under these provisions to the Controlling Board for 14,216
approval. 14,217
During the last six months of each calendar year, instead 14,219
of deducting the amount the Superintendent of Public Instruction 14,220
would otherwise deduct from a school district's or educational 14,222
service center's state aid payments in accordance with the 14,223
certifications made for such year pursuant to sections 3307.56 14,224
and 3309.51 of the Revised Code, the superintendent shall deduct 14,226
an amount equal to forty per cent of the amount so certified. 14,227
The secretaries of the retirement systems shall compute the 14,228
certifications for the ensuing year under such sections as if the 14,229
entire amounts certified as due in the calendar year ending the 14,230
current fiscal year, but not deducted pursuant to this paragraph, 14,231
had been deducted and paid in that calendar year. During the 14,232
first six months of the ensuing calendar year, in addition to 14,233
deducting the amounts the Superintendent of Public Instruction is 14,234
required to deduct under such sections during such period, the 14,235
superintendent shall deduct from a district's or educational 14,236
service center's state aid payments an additional amount equal to 14,238
the amount that was certified as due from the district for the 14,239
calendar year that ends during the fiscal year, but that was not 14,240
deducted because of this paragraph. The superintendent's 14,241
certifications to the Director of Budget and Management during 14,242
the first six months of the calendar year shall reflect such 14,243
additional deduction.
Section 4.24. Reallocation of Funds 14,245
(A) As used in this section: 14,247
(1) "Basic aid" means the amount calculated for the school 14,250
district received for the fiscal year under divisions (A) and (C) 14,251
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, 14,253
3317.0212, and 3317.0213 of the Revised Code and the amount 14,254
computed for a joint vocational school district under section 14,255
302
3317.16 of the Revised Code.
(2) "Nonbasic aid" means the amount computed for a school 14,258
district for fiscal year 2000 or fiscal year 2001 under Chapter 14,259
3317. of the Revised Code and this act, excluding the district's 14,260
basic aid and the amount computed under such chapter and acts for 14,261
educational service centers, MR/DD boards, and institutions. 14,262
(B) If in either fiscal year of the biennium the Governor 14,264
issues an order under section 126.05 of the Revised Code to 14,265
reduce expenditures and incurred obligations and the order 14,266
requires the superintendent to reduce such state education 14,267
payments, or if lottery profits transfers are insufficient to 14,269
meet the amounts appropriated from the Lottery Profits Education 14,270
Fund for base cost funding, and if other funds are not sufficient 14,271
to offset the shortfall, the superintendent shall reduce nonbasic 14,273
aid payments so that the total amount expended in the fiscal year 14,274
will not exceed the amount available for expenditure pursuant to 14,275
the Governor's order. Subject to Controlling Board approval, the 14,276
superintendent shall reallocate appropriations not yet expended 14,277
from one program to another. 14,278
(C)(1) If further reductions in nonbasic aid are necessary 14,281
following the reallocations implemented pursuant to division (B) 14,282
of this section, the superintendent shall request the Controlling 14,283
Board to approve the use of the money appropriated by this 14,284
division. The superintendent shall include with the 14,285
superintendent's request a report listing the amount of
reductions that each school district will receive if the request 14,286
is not approved, and also the amount of the reduction, if any, 14,287
that will still be required if the use of the money appropriated 14,288
by this section is approved.
(2) In accordance with division (C)(1) of this section, 14,290
there is hereby appropriated to the Department of Education from 14,291
the unobligated balance remaining in the Lottery Profits 14,292
Education Fund at the end of fiscal year 1999 the lesser of: the 14,293
unobligated balance in the fund, or the amount needed to preclude 14,295
303
a reallocation pursuant to this section. The money appropriated 14,296
by this division may be spent or distributed by the department 14,297
only with the approval of the Controlling Board. 14,298
(D) If reductions in nonbasic aid are still necessary 14,301
following the actions taken pursuant to divisions (B) and (C) of 14,302
this section, the superintendent shall determine by what 14,303
percentage expenditures for nonbasic aid must be reduced for the 14,304
remainder of the fiscal year to make the total amount distributed 14,305
for the year equal the amount appropriated or available for 14,306
distribution. The superintendent shall reduce by that percentage 14,307
the amount to be paid in nonbasic aid to each city, exempted 14,308
village, local, and joint vocational school district, to each 14,309
educational service center, to each county board of mental 14,310
retardation and developmental disabilities, and to each 14,311
institution providing special education programs under section 14,312
3323.091 of the Revised Code for the remainder of the fiscal 14,313
year.
Section 4.25. Lottery Profits 14,315
(A) There is hereby created the Lottery Profits Education 14,317
Reserve Fund (Fund 018) in the State Treasury. At no time shall 14,318
the amount to the credit of the fund exceed $75,000,000. 14,319
Investment earnings of the Lottery Profits Education Reserve Fund 14,320
shall be credited to the fund. Notwithstanding any provisions of 14,321
law to the contrary, for fiscal years 2000 and 2001, there is 14,322
hereby appropriated to the Department of Education, from the 14,323
Lottery Profits Education Reserve Fund, an amount necessary to 14,324
make loans authorized by sections 3317.0210, 3317.0211, and 14,325
3317.62 of the Revised Code. All loan repayments from loans made 14,326
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 14,327
shall be deposited into the credit of the Lottery Profits 14,328
Education Reserve Fund.
(B)(1) On or before July 15, 1999, the Director of Budget 14,330
and Management shall determine the amount by which lottery profit 14,331
transfers received by the Lottery Profits Education Fund for 14,332
304
fiscal year 1999 exceed $688,873,028. The amount so certified 14,334
shall be distributed in fiscal year 2000 pursuant to divisions 14,336
(C) and (D) of this section.
(2) On or before July 15, 2000, the Director of Budget and 14,338
Management shall determine the amount by which lottery profit 14,339
transfers received by the Lottery Profits Education Fund for 14,340
fiscal year 2000 exceed $661,000,000. The amount so determined 14,341
shall be distributed in fiscal year 2001 pursuant to divisions 14,342
(E) and (F) of this section. 14,343
The Director of Budget and Management shall annually 14,345
certify the amounts determined pursuant to this section to the 14,346
Speaker of the House of Representatives and the President of the 14,347
Senate.
(C) Not later than June 15, 2000, the Department of 14,349
Education, in consultation with the Director of Budget and 14,350
Management, shall determine, based upon estimates, if a 14,351
reallocation of funds as described in the section of this act 14,352
titled "Reallocation of Funds" is required. 14,353
If a reallocation of funds is required, then the 14,355
Superintendent of Public Instruction shall request Controlling 14,356
Board approval for a release of any balances in the Lottery 14,357
Profits Education Fund available for the purpose of this division 14,358
and pursuant to divisions (C)(1) and (2) of the section of this 14,359
act titled "Reallocation of Funds." Any moneys so released are 14,360
hereby appropriated. 14,361
(D) In fiscal year 2000, if the Department of Education 14,363
does not determine that a reallocation of funds is necessary by 14,364
the fifteenth day of June, as provided in division (C) of this 14,366
section, or if there is a balance in the Lottery Profits 14,367
Education Fund after the release of any amount needed to preclude 14,368
a reallocation of funds as provided in division (C) of this 14,369
section, the moneys in the Lottery Profits Education Fund shall 14,370
be allocated as provided in this division. Any amounts so 14,371
allocated are hereby appropriated.
305
An amount equal to five per cent of the estimated lottery 14,373
profits of $688,873,028 in fiscal year 1999 or the amount 14,374
remaining in the fund, whichever is the lesser amount, shall be 14,375
transferred to the Lottery Profits Education Reserve Fund within 14,376
the limitations specified in division (A) of this section and be 14,377
reserved and shall not be available for allocation or 14,378
distribution during fiscal year 2000. Any amounts exceeding 14,379
$75,000,000 shall be distributed pursuant to division (G) of this 14,380
section. 14,381
(E) Not later than June 15, 2001, the Department of 14,383
Education, in consultation with the Director of Budget and 14,384
Management, shall determine, based upon estimates, if a 14,385
reallocation of funds as described in the section of this act 14,386
titled "Reallocation of Funds" is required. 14,387
If a reallocation of funds is required, then the 14,389
Superintendent of Public Instruction shall request Controlling 14,390
Board approval for a release of any balances in the Lottery 14,391
Profits Education Fund available for the purpose of this division 14,392
and pursuant to divisions (C)(1) and (2) of the section of this 14,393
act titled "Reallocation of Funds." Any moneys so released are 14,394
hereby appropriated. 14,395
(F) In fiscal year 2001, if the Department of Education 14,397
does not determine that a reallocation of funds is necessary by 14,398
the fifteenth day of June, as provided in division (E) of this 14,400
section, or if there is a balance in the Lottery Profits 14,401
Education Fund after the release of any amount needed to preclude 14,402
a reallocation of funds as provided in division (E) of this 14,403
section, the moneys in the Lottery Profits Education Fund shall 14,404
be allocated as provided in this division. Any amounts so 14,405
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 14,407
profits transfers of $661,000,000 in fiscal year 2000 or the 14,408
amount remaining in the fund, whichever is the lesser amount, 14,409
shall be transferred to the Lottery Profits Education Reserve 14,410
306
Fund within the limitations specified in division (A) of this 14,411
section and be reserved and shall not be available for allocation 14,412
or distribution during fiscal year 2001. Any amounts exceeding 14,413
$75,000,000 shall be distributed pursuant to division (G) of this 14,415
section.
(G) In the appropriate fiscal year, any remaining amounts 14,417
after the operations required by division (D) or (F) of this 14,418
section, respectively, shall be available for distribution in 14,419
accordance with this division. 14,420
(1) As used in this division: 14,422
(a) "State basic aid" means: 14,424
(i) In the case of a city, local, or exempted village 14,426
school district, the amount computed for a district under 14,427
sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the 14,428
Revised Code, plus any amount computed for the district under 14,429
section 3317.0212 of the Revised Code; 14,430
(ii) In the case of a joint vocational school district, 14,432
the amount calculated under section 3317.16 of the Revised Code. 14,433
(b) "ADM" means: 14,435
(i) In the case of a city, local, or exempted village 14,437
school district, the district's formula ADM as defined in section 14,438
3317.02 of the Revised Code, minus the portion of ADM computed 14,439
under division (A)(3) of section 3317.03 of the Revised Code for 14,440
students that are enrolled in a joint vocational school district; 14,441
(ii) In the case of a joint vocational school district, 14,443
the district's formula ADM as defined in that section. 14,444
(2) Ninety-seven and forty-three one-hundredths per cent 14,446
of the amount made available for distribution under this division 14,447
in each fiscal year shall be distributed to city, local, joint 14,448
vocational, and exempted village school districts eligible to 14,449
receive funds pursuant to Chapter 3317. of the Revised Code in 14,450
proportion to the percentage that the ADM of each such district 14,451
is of the ADM of all districts and shall be for the use of the 14,452
public schools of the district. Two and fifty-seven 14,453
307
one-hundredths per cent of such amount made available for 14,454
distribution under this division in each fiscal year shall be 14,455
distributed to nonpublic schools for the purposes of section 14,456
3317.063 of the Revised Code. Not later than the first day of 14,457
March of each fiscal year, the Department of Education shall 14,458
compute each school district's share for that year of the amount 14,459
to be distributed under this division and shall, subject to 14,460
Controlling Board approval, distribute the shares so determined. 14,461
Amounts distributed to school districts pursuant to this 14,463
division shall be used solely to purchase textbooks and 14,464
equipment. If funds have been appropriated by a board for any 14,465
purposes permitted under this section, the amounts distributed to 14,466
the district or educational service center under this division 14,467
shall be used for additional expenditures for such purposes and 14,468
shall not be substituted for funds previously appropriated by the 14,469
board.
(3) Districts and nonpublic schools shall report to the 14,471
Department of Education no later than the last day of May of each 14,472
fiscal year on the usage of funds received under this division. 14,473
The Department shall compile district data and report on the 14,474
usage of all funds distributed under this division to the 14,475
Controlling Board by the last day of June of each fiscal year. 14,476
If the Department determines that a district used funds 14,477
distributed pursuant to this division for purposes not permitted, 14,478
it shall reduce the district's state basic aid payments for the 14,479
ensuing fiscal year by the amount improperly used. 14,480
It is the intent of the General Assembly that moneys 14,482
distributed pursuant to this section shall not be included in any 14,483
spending base calculations when appropriations for the 2001-2002 14,484
biennium are being considered. 14,485
Section 4.26.* For the school year commencing July 1, 14,487
1999, or the school year commencing July 1, 2000, or both, the 14,488
Superintendent of Public Instruction may waive for the board of 14,489
education of any school district the ratio of teachers to pupils 14,490
308
in kindergarten through fourth grade required under paragraph 14,491
(A)(3) of rule 3301-35-03 of the Administrative Code if the 14,492
following conditions apply: 14,493
(A) The board of education requests the waiver; 14,495
(B) After the Department of Education conducts an on-site 14,497
evaluation of the district related to meeting the required ratio, 14,498
the board of education demonstrates to the satisfaction of the 14,499
Superintendent of Public Instruction that providing the 14,501
facilities necessary to meet the required ratio during the 14,502
district's regular school hours with pupils in attendance would 14,503
impose an extreme hardship on the district; 14,504
(C) The board of education provides assurances that are 14,506
satisfactory to the Superintendent of Public Instruction that the 14,507
board will act in good faith to meet the required ratio as soon 14,508
as possible. 14,509
Section 4.27.* Teacher and Nonteacher Salary Schedules 14,511
(A) As used under this heading: 14,513
(1) "Teachers' salary schedule" means the salary schedule 14,516
adopted pursuant to section 3317.14 of the Revised Code, except 14,517
that it does not include any separate salary level for teachers 14,518
with twelve or more years of service or for any separate level of 14,519
training and experience except those levels separately set forth 14,520
in the salary schedule in section 3317.13 of the Revised Code. 14,521
(2) "Nonteaching salary schedule" means the salary 14,524
schedule adopted pursuant to section 3317.12 of the Revised Code. 14,525
(B) If the salary for any number of years' service at any 14,527
level of training and experience in a board of education's 14,528
teachers' salary schedule that was in effect on June 30, 1994, 14,529
was less than the amount required for that number of years' 14,530
service at that level in order to be in compliance with the 14,531
minimum salary requirements imposed by this act for the 1994-1995 14,532
school year, that board shall increase the salaries for each 14,533
position classification and level of service in the nonteaching 14,534
salary schedule for the 1994-1995 school year as follows: 14,535
309
(1) Add the salaries at each level of training and 14,537
experience in the teachers' salary schedule that was in effect on 14,538
June 30, 1994. 14,539
(2) At each level of training and experience, increase the 14,541
salary in the June 30, 1994, teachers' salary schedule if an 14,542
increase is required for the 1994-1995 school year in order to 14,543
bring that schedule into compliance with this act, but do not 14,544
increase the salary to more than the minimum amount required to 14,545
be in compliance. 14,546
(3) Recompute division (B)(1) under this heading, 14,548
substituting the increased salaries included in division (B)(2) 14,549
under this heading. 14,550
(4) Divide the sum obtained in division (B)(3) under this 14,552
heading by the sum obtained in division (B)(1) under this 14,553
heading. 14,554
(5) Multiply the salary for each position classification 14,556
and level of service included in the nonteaching salary schedule 14,557
by the quotient obtained in division (B)(4) under this heading. 14,558
No school district affected by this division shall pay any 14,560
nonteaching school employee for the 1994-1995 school year at a 14,561
rate that is less than that to which the employee would be 14,562
entitled if the employee were paid under the adjusted nonteaching 14,564
salary schedule computed under division (B)(5) of this heading. 14,565
Section 4.28.* Notwithstanding any provision of division 14,567
(F) of section 3311.06 of the Revised Code limiting interdistrict 14,570
payments under annexation agreements to amounts certified under 14,571
former section 3317.029 of the Revised Code, a party to an 14,572
annexation agreement entered into prior to the effective date of 14,573
this section which contains an agreement to pay, in respect of
its territory which is annexed territory, an amount which exceeds 14,574
or exceeded the amount certified under former section 3317.029 of 14,575
the Revised Code may pay such agreed amount, if the agreement 14,576
expressly states the intention of the parties not to be bound by 14,577
such limitation if so permitted by law. 14,578
310
Section 4.29. Private Treatment Facility Pilot Project 14,580
(A) As used in this section: 14,582
(1) The following are "participating residential treatment 14,584
centers":
(a) Private residential treatment facilities which have 14,586
entered into a contract with the Ohio Department of Youth 14,587
Services to provide services to children placed at the facility 14,588
by the department and which, in fiscal year 2000 or 2001 or both, 14,590
the department pays through appropriation item 470-401, Care and 14,591
Custody.
(b) Abraxas, in Shelby; 14,593
(c) Paint Creek, in Bainbridge; 14,595
(d) Act One, in Akron; 14,597
(e) Friars Club, in Cincinnati. 14,599
(2) "Education program" means an elementary or secondary 14,601
education program or a special education program and related 14,602
services. 14,603
(3) "Served child" means any child receiving an education 14,605
program pursuant to division (B) of this section. 14,606
(4) "School district responsible for tuition" means a 14,608
city, exempted village, or local school district that, if tuition 14,609
payment for a child by a school district is required under law 14,610
that existed in fiscal year 1998, is the school district required 14,612
to pay that tuition.
(5) "Residential child" means a child who resides in a 14,614
participating residential treatment center and who is receiving 14,615
an educational program under division (B) of this section. 14,616
(B) A youth who is a resident of the state and has been 14,619
assigned by a juvenile court or other authorized agency to a 14,620
residential treatment facility specified in division (A) of this 14,621
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational 14,623
program shall be contingent upon compliance with the criteria 14,624
established for such programs by the Department of Education. 14,625
311
The educational program shall be provided by a school district or 14,627
educational service center, or by the residential facility 14,628
itself. Maximum flexibility shall be given to the residential 14,629
treatment facility to determine the provider. In the event that 14,630
a voluntary agreement cannot be reached and the residential 14,631
facility does not choose to provide the educational program, the 14,632
educational service center in the county in which the facility is 14,633
located shall provide the educational program at the treatment 14,634
center to children under the age of twenty-two years residing in 14,635
the treatment center.
(C) Any school district responsible for tuition for a 14,638
residential child shall, notwithstanding any conflicting 14,639
provision of the Revised Code regarding tuition payment, pay 14,640
tuition for the child for fiscal years 2000 and 2001 to the 14,641
education program provider and in the amount specified in this 14,642
division. If there is no school district responsible for tuition 14,643
for a residential child and if the participating residential 14,644
treatment center to which the child is assigned is located in the 14,645
city, exempted village, or local school district that, if the 14,646
child were not a resident of that treatment center, would be the 14,647
school district where the child is entitled to attend school 14,648
under sections 3313.64 and 3313.65 of the Revised Code, that 14,649
school district shall, notwithstanding any conflicting provision 14,650
of the Revised Code, pay tuition for the child for fiscal years 14,651
2000 and 2001 under this division unless that school district is 14,652
providing the educational program to the child under division (B) 14,653
of this section.
A tuition payment under this division shall be made to the 14,655
school district, educational service center, or residential 14,656
treatment facility providing the educational program to the 14,657
child. 14,658
The amount of tuition paid shall be: 14,660
(1) The amount of tuition determined for the district 14,662
under division (A) of section 3317.08 of the Revised Code; 14,663
312
(2) In addition, for any student receiving special 14,665
education pursuant to an individualized education program as 14,666
defined in section 3323.01 of the Revised Code, a payment for 14,667
excess costs. This payment shall equal the actual cost to the 14,668
school district, educational service center, or residential
treatment facility of providing special education and related 14,669
services to the student pursuant to the student's individualized 14,670
education program, minus the tuition paid for the child under 14,671
division (C)(1) of this section. 14,672
A school district paying tuition under this division shall 14,674
not include the child for whom tuition is paid in the district's 14,675
average daily membership certified under division (A) of section 14,676
3317.03 of the Revised Code.
(D) In each of fiscal years 2000 and 2001, the Department 14,678
of Education shall reimburse, from appropriations made for the 14,679
purpose, a school district, educational service center, or 14,680
residential treatment facility, whichever is providing the 14,681
service, which has demonstrated that it is in compliance with the 14,682
funding criteria for each served child for whom a school district 14,683
must pay tuition under division (C) of this section. The amount 14,684
of this reimbursement in either fiscal year shall be the formula 14,686
amount specified in section 3317.022 of the Revised Code except 14,687
that the department shall proportionately reduce this 14,688
reimbursement if sufficient funds are not available to pay this 14,689
amount to all qualified providers.
(E) Funds provided to a school district, educational 14,691
service center, or residential treatment facility under this 14,692
section shall be used to supplement, not supplant, funds from 14,693
other public sources for which the school district, service 14,695
center, or residential treatment facility is entitled or 14,696
eligible.
(F) The Department of Education shall track the 14,698
utilization of funds provided to school districts, educational 14,700
service centers, and residential treatment facilities under this 14,701
313
section and monitor the effect of the funding on the educational 14,702
programs they provide in participating residential treatment 14,703
facilities. The department shall monitor the programs for
educational accountability. 14,704
Section 4.30. The Superintendent of Public Instruction 14,706
shall contract with an independent research entity to develop a 14,707
methodology and research design for an evaluation of the pilot 14,709
project approved pursuant to section 3313.975 of the Revised 14,710
Code. The independent research entity shall consult with the 14,711
Legislative Office of Education Oversight in the development of
the methodology and research for the evaluation. The evaluation 14,712
shall consist of two parts. The first part shall be a formative 14,713
evaluation examining the implementation of the program, which 14,714
shall be completed by December 31, 1997. The second part shall 14,715
be a comprehensive evaluation of the results of the program, 14,716
which shall be completed by September 1, 1999. The comprehensive 14,718
evaluation shall include at a minimum a study of the impact of
scholarships on student attendance, conduct, commitment to 14,719
education, and standardized test scores; parental involvement; 14,720
the school district's ability to provide services to district 14,721
students; and the availability of alternative educational 14,722
opportunities. The evaluation shall also study the economic 14,723
impact of scholarships on the school district. 14,724
Section 4.31. Notwithstanding division (C)(1) of section 14,726
3313.975 of the Revised Code, in addition to students in 14,728
kindergarten through third grade, initial scholarships may be 14,729
awarded to fourth, fifth, and sixth grade students in fiscal year 14,731
2000 and to fourth, fifth, sixth, and seventh grade students in
fiscal year 2001. 14,732
Section 4.32. Notwithstanding Chapter 3318. of the Revised 14,735
Code, for purposes of complying with the local share and
repayment tax requirements of section 3318.05 of the Revised 14,736
Code, any school district given conditional approval for 14,737
classroom facilities assistance under section 3318.04 of the 14,738
314
Revised Code as of January 1, 1993, that approved a replacement 14,739
permanent improvement levy at the November 5, 1996, election 14,740
shall be permitted to use the proceeds of such levy, and any 14,741
notes issued or to be issued in anticipation thereof, as 14,742
available funds, within the meaning specified under section 14,743
3318.03 of the Revised Code, to pay the local share of the cost 14,744
of the approved classroom facilities project. Notwithstanding 14,745
the local share as previously determined for purposes of the 14,746
conditional approval of the project, the local share shall be 14,747
equal to the amount of proceeds to be obtained by the district 14,748
under such replacement permanent improvement levy. Such school 14,749
districts shall not be required to obtain approval of either of 14,750
the propositions described in divisions (A) or (B) of section 14,751
3318.051 of the Revised Code. The agreement required under 14,752
section 3318.08 of the Revised Code for the construction and sale 14,754
of the project shall include provisions for the transfer of the 14,755
proceeds of the replacement permanent improvement levy, and any 14,756
notes issued in anticipation thereof, to the school district's 14,757
project construction account, and for the levy of the replacement 14,758
permanent improvement levy.
Section 4.33. Statewide Study of Teacher Salaries 14,761
The Legislative Office of Education Oversight shall conduct 14,763
a statewide assessment of teachers' salaries in the state. The 14,764
assessment shall include, but not be limited to, the following: 14,765
(A) An evaluation of the effect that the minimum teacher 14,767
salary schedule prescribed in section 3317.13 of the Revised Code 14,768
has on the salary schedules used by school districts across the 14,769
state;
(B) A determination of which school districts use the 14,771
minimum salary schedule prescribed in section 3317.13 of the 14,772
Revised Code;
(C) An evaluation of how district salary schedules compare 14,774
with the minimum salary schedule prescribed in section 3317.13 of 14,775
the Revised Code; 14,776
315
(D) An evaluation of the effect that teacher salaries have 14,778
on the ability of school districts to hire and retain teachers, 14,779
particularly analyzing any difficulty that school districts 14,780
experience when attempting to hire teachers at the low end of the 14,781
salary schedule; 14,782
(E) An evaluation of the effect teacher salaries have on 14,784
the number of college-age students choosing primary and secondary 14,785
teaching as a career; 14,786
(F) A review of the salary schedules of all school 14,788
districts in the state and a breakdown within each district and 14,789
statewide as to the percentage of teachers in each level of 14,790
compensation.
The study shall be completed and presented to the General 14,792
Assembly and the Governor not later than December 31, 2000. 14,793
Section 4.34. Statewide Study of Professional Development 14,796
Delivery
The Legislative Office of Education Oversight shall conduct 14,798
a statewide assessment of professional development in the state. 14,799
The assessment shall include, but not be limited to, the 14,800
following:
(A) An examination of how professional development funds 14,802
are spent;
(B) A study of the types of professional development 14,804
programs funded with state moneys; 14,806
(C) A study of the role of local professional development 14,808
committees, established under section 3319.22 of the Revised 14,809
Code, in determining the expenditure of professional development 14,810
moneys;
(D) A study of the affect of professional development 14,812
programs on student achievement. 14,813
The study shall encompass all facets of professional 14,815
development, including the role of higher education in preparing 14,817
educators and assisting with in-service training for veteran 14,818
educators.
316
The study shall be completed and presented to the General 14,820
Assembly and the Governor not later than November 15, 2000. 14,821
Section 5. HEF HIGHER EDUCATIONAL FACILITY COMMISSION 14,823
Agency Fund Group 14,825
461 372-601 Operating Expenses $ 12,000 $ 12,000 14,830
TOTAL AGY Agency Fund Group $ 12,000 $ 12,000 14,833
TOTAL ALL BUDGET FUND GROUPS $ 12,000 $ 12,000 14,836
Section 6. LOT STATE LOTTERY COMMISSION 14,839
State Lottery Fund Group 14,841
044 950-100 Personal Services $ 22,754,332 $ 23,095,613 14,846
044 950-200 Maintenance $ 24,644,625 $ 25,296,625 14,850
044 950-300 Equipment $ 3,841,880 $ 3,274,320 14,854
044 950-402 Game and Advertising 14,856
Contracts $ 63,542,098 $ 64,378,735 14,858
044 950-601 Prizes, Bonuses, and 14,860
Commissions $ 173,555,000 $ 172,025,000 14,862
871 950-602 Annuity Prizes $ 180,660,880 $ 190,243,265 14,866
872 950-603 Unclaimed Prize 14,868
Awards $ 14,500,000 $ 10,700,000 14,870
TOTAL SLF State Lottery Fund 14,871
Group $ 483,498,815 $ 489,013,558 14,874
TOTAL ALL BUDGET FUND GROUPS $ 483,498,815 $ 489,013,558 14,877
Operating Expenses 14,880
The foregoing appropriation items include all amounts 14,882
necessary for the purchase and printing of tickets, consultant 14,883
services, and advertising. The Controlling Board may, at the 14,884
request of the State Lottery Commission, authorize additional 14,885
appropriations for operating expenses of the State Lottery 14,886
Commission from the State Lottery Fund up to a maximum of 15 per 14,887
cent of anticipated total revenue accruing from the sale of 14,888
lottery tickets. Amounts authorized by the Controlling Board are 14,889
hereby appropriated. 14,890
Prizes, Bonuses, and Commissions 14,892
Any amounts, in addition to the amounts appropriated in 14,895
317
appropriation item 950-601, Prizes, Bonuses, and Commissions, 14,896
which are determined by the director of the State Lottery
Commission to be necessary to fund prizes, bonuses, and 14,898
commissions are hereby appropriated.
Annuity Prizes 14,900
With the approval of the Office of Budget and Management, 14,902
the State Lottery Commission shall transfer cash from the State 14,903
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund 14,904
(Fund 871), in an amount sufficient to fund deferred prizes. The 14,905
Treasurer of State shall, from time to time, credit the Deferred 14,906
Prizes Trust Fund (Fund 871) the pro rata share of interest 14,907
earned by the Treasurer of State on invested balances. 14,908
Any amounts, in addition to the amounts appropriated in 14,911
appropriation item 950-602, Annuity Prizes, which are determined 14,912
by the director of the State Lottery Commission to be necessary 14,913
to fund deferred prizes and interest earnings are hereby 14,915
appropriated.
Public Sector Gaming Study 14,917
If the Director of the State Lottery Commission deems it in 14,919
the best interest of the Ohio Lottery, the director is authorized 14,920
to contribute up to $10,000 to help fund research projects 14,921
concerning public sector gaming. 14,922
Section 7. BOR BOARD OF REGENTS 14,924
General Revenue Fund 14,926
GRF 235-321 Operating Expenses $ 3,106,261 $ 3,201,422 14,931
GRF 235-401 Rental Payments to 14,933
the Ohio Public
Facilities Commission $ 365,552,000 $ 377,490,000 14,935
GRF 235-402 Sea Grants $ 299,940 $ 299,940 14,939
GRF 235-403 Math/Science Teaching 14,941
Improvement $ 2,200,000 $ 1,700,000 14,943
GRF 235-404 College Readiness 14,945
Initiatives $ 2,650,000 $ 2,564,000 14,947
318
GRF 235-406 Articulation and 14,949
Transfer $ 1,000,000 $ 1,000,000 14,951
GRF 235-408 Midwest Higher 14,953
Education Compact $ 75,000 $ 75,000 14,955
GRF 235-409 Information System $ 1,389,819 $ 1,389,819 14,959
GRF 235-414 State Grants and 14,961
Scholarship
Administration $ 1,360,630 $ 1,401,449 14,963
GRF 235-415 Jobs Challenge $ 8,743,864 $ 10,979,694 14,967
GRF 235-417 Technology $ 4,000,000 $ 4,000,000 14,971
GRF 235-418 Access Challenge $ 35,313,691 $ 65,268,000 14,975
GRF 235-420 Success Challenge $ 20,068,104 $ 48,741,000 14,979
GRF 235-451 Eminent Scholars $ 0 $ 5,200,000 14,983
GRF 235-454 Research Challenge $ 19,436,382 $ 21,568,440 14,987
GRF 235-455 Productivity 14,989
Improvement Challenge $ 1,655,884 $ 1,695,625 14,991
GRF 235-474 AHEC Program Support $ 2,094,566 $ 2,094,565 14,995
GRF 235-477 Access Improvement 14,997
Projects $ 1,084,842 $ 1,110,879 14,999
GRF 235-501 Instructional Subsidy $1,586,259,165 $1,633,846,940 15,003
GRF 235-502 Student Support 15,005
Services $ 1,033,059 $ 1,057,853 15,007
GRF 235-503 Ohio Instructional 15,009
Grants $ 88,550,000 $ 98,881,000 15,011
GRF 235-504 War Orphans' 15,013
Scholarships $ 4,152,934 $ 4,517,037 15,015
GRF 235-507 OhioLINK $ 6,947,761 $ 7,668,731 15,019
GRF 235-508 Air Force Institute 15,021
of Technology $ 3,500,000 $ 3,500,000 15,023
GRF 235-509 Displaced Homemakers $ 244,996 $ 244,996 15,027
GRF 235-510 Ohio Supercomputer 15,029
Center $ 4,834,416 $ 4,932,218 15,031
GRF 235-511 Cooperative Extension 15,033
Service $ 25,543,306 $ 26,608,525 15,035
319
GRF 235-513 OU Voinovich Center $ 375,000 $ 375,000 15,039
GRF 235-514 Central State 15,041
Supplement $ 9,744,956 $ 9,744,956 15,043
GRF 235-515 CWRU School of 15,045
Medicine $ 4,181,578 $ 4,281,936 15,047
GRF 235-518 Capitol Scholarship 15,049
Programs $ 250,000 $ 250,000 15,051
GRF 235-519 Family Practice $ 6,229,607 $ 6,541,087 15,055
GRF 235-520 Shawnee State 15,057
Supplement $ 2,969,965 $ 2,824,000 15,059
GRF 235-521 OSU Glenn Institute $ 375,000 $ 375,000 15,063
GRF 235-523 Center for Labor 15,065
Research $ 200,000 $ 200,000 15,067
GRF 235-524 Police and Fire 15,069
Protection $ 244,996 $ 244,996 15,071
GRF 235-525 Geriatric Medicine $ 1,062,139 $ 1,087,630 15,075
GRF 235-526 Primary Care 15,077
Residencies $ 3,016,605 $ 3,167,435 15,079
GRF 235-527 Ohio Aerospace 15,081
Institute $ 2,374,973 $ 2,431,973 15,083
GRF 235-530 Academic Scholarships $ 8,000,000 $ 8,000,000 15,087
GRF 235-531 Student Choice Grants $ 43,025,389 $ 49,150,000 15,091
GRF 235-535 Agricultural Research 15,093
and Development
Center $ 34,623,910 $ 36,180,884 15,095
GRF 235-536 Ohio State University 15,097
Clinical Teaching $ 15,621,369 $ 15,996,281 15,099
GRF 235-537 University of 15,101
Cincinnati Clinical
Teaching $ 12,848,363 $ 13,156,724 15,103
GRF 235-538 Medical College of 15,105
Ohio at Toledo
Clinical Teaching $ 10,014,602 $ 10,254,953 15,107
320
GRF 235-539 Wright State 15,109
University Clinical
Teaching $ 4,865,290 $ 4,982,057 15,111
GRF 235-540 Ohio University 15,113
Clinical Teaching $ 4,703,423 $ 4,816,305 15,115
GRF 235-541 Northeastern Ohio 15,117
Universities College
of Medicine Clinical 15,118
Teaching $ 4,837,466 $ 4,953,565 15,120
GRF 235-543 OCPM Clinical Subsidy $ 235,000 $ 235,000 15,124
GRF 235-547 School of 15,126
International
Business $ 1,493,637 $ 1,493,637 15,128
GRF 235-549 Part-time Student 15,130
Instructional Grants $ 12,308,500 $ 12,677,750 15,132
GRF 235-552 Capital Component $ 9,863,295 $ 9,863,295 15,136
GRF 235-553 Dayton Area Graduate 15,138
Studies Institute $ 3,765,832 $ 3,856,212 15,140
GRF 235-554 Priorities in 15,142
Graduate Education $ 3,464,704 $ 3,553,437 15,144
GRF 235-555 Library Depositories $ 2,400,000 $ 2,000,000 15,148
GRF 235-556 Ohio Academic 15,150
Resource Network $ 3,227,819 $ 3,512,182 15,152
GRF 235-558 Long-term Care 15,154
Research $ 318,371 $ 318,371 15,156
GRF 235-561 BGSU Canadian Studies 15,158
Center $ 167,642 $ 167,642 15,160
GRF 235-572 Ohio State University 15,162
Clinic Support $ 1,702,378 $ 1,820,188 15,164
GRF 235-583 Urban University 15,166
Programs $ 5,448,911 $ 5,521,285 15,168
GRF 235-585 Ohio University 15,170
Innovation Center $ 49,745 $ 49,745 15,172
321
GRF 235-587 Rural University 15,174
Projects $ 1,298,070 $ 1,403,624 15,176
GRF 235-588 Ohio Resource Center 15,178
for Mathematics,
Science, and Reading $ 500,000 $ 1,000,000 15,180
GRF 235-595 International Center 15,182
for Water Resources
Development $ 189,381 $ 189,381 15,184
GRF 235-596 Hazardous Materials 15,186
Program $ 244,996 $ 244,996 15,188
GRF 235-599 National Guard 15,190
Tuition Grant Program $ 9,539,575 $ 13,842,740 15,192
TOTAL GRF General Revenue Fund $2,416,879,107 $2,571,801,400 15,195
General Services Fund Group 15,198
456 235-603 Publications $ 35,000 $ 35,000 15,203
TOTAL GSF General Services 15,204
Fund Group $ 35,000 $ 35,000 15,207
Federal Special Revenue Fund Group 15,210
3H2 235-608 Human Services 15,213
Project $ 974,506 $ 761,000 15,215
3N6 235-605 State Student 15,217
Incentive Grants $ 2,000,000 $ 2,000,000 15,219
3T0 235-610 NHSC Ohio Loan 15,221
Repayment $ 100,000 $ 100,000 15,223
312 235-609 Tech Prep $ 192,224 $ 211,450 15,227
312 235-631 Federal Grants $ 2,645,077 $ 2,645,077 15,231
TOTAL FED Federal Special Revenue 15,232
Fund Group $ 5,911,807 $ 5,717,527 15,235
State Special Revenue Fund Group 15,238
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 15,243
4P4 235-604 Physician Loan 15,245
Repayment $ 396,255 $ 396,255 15,247
649 235-607 Ohio State University 15,249
Highway/Transportation 15,249
322
Research $ 500,000 $ 500,000 15,252
682 235-606 Nursing Loan Program $ 603,406 $ 618,241 15,256
TOTAL SSR State Special Revenue 15,257
Fund Group $ 1,511,661 $ 1,526,496 15,260
TOTAL ALL BUDGET FUND GROUPS $2,424,337,575 $2,579,080,423 15,263
Section 7.01. Instructional Subsidy Formula 15,266
As soon as practicable during each fiscal year of the 15,268
1999-2001 biennium in accordance with instructions of the Ohio 15,269
Board of Regents, each state-assisted institution of higher 15,270
education shall report its actual enrollment to the Ohio Board of 15,271
Regents. 15,272
The Ohio Board of Regents shall establish procedures 15,274
required by the system of formulas set out below and for the 15,275
assignment of individual institutions to categories described in 15,276
the formulas. The system of formulas establishes the manner in 15,277
which aggregate expenditure requirements shall be determined for 15,278
each of the three components of institutional operations. In 15,279
addition to other adjustments and calculations described below, 15,280
the subsidy entitlement of an institution shall be determined by 15,281
subtracting from the institution's aggregate expenditure 15,282
requirements income to be derived from the local contributions 15,283
assumed in calculating the subsidy entitlements. The local 15,284
contributions for purposes of determining subsidy support shall 15,285
not limit the authority of the individual boards of trustees to 15,286
establish fee levels. 15,287
The General Studies and Technical models shall be adjusted 15,289
by the Board of Regents so that the share of state subsidy earned 15,290
by those models is not altered by changes in the overall local 15,291
share. A lower-division fee differential shall be used to 15,292
maintain the relationship that would have occurred between these 15,293
models and the Baccalaureate models had an assumed share of 37 15,294
per cent been funded. 15,295
In defining the number of full-time equivalent students for 15,297
state subsidy purposes, the Ohio Board of Regents shall exclude 15,298
323
all undergraduate students who are not residents of Ohio, except 15,299
those charged in-state fees in accordance with reciprocity 15,300
agreements made pursuant to section 3333.17 of the Revised Code. 15,301
(A) Aggregate Expenditure Per Full-Time Equivalent Student 15,303
(1) Instruction and Support Services 15,305
Model FY 2000 FY 2001 15,308
General Studies I $ 3,680 $ 3,762 15,310
General Studies II $ 4,060 $ 4,305 15,312
General Studies III $ 5,141 $ 5,259 15,314
Technical I $ 4,702 $ 5,012 15,316
Technical III $ 8,088 $ 8,477 15,318
Baccalaureate I $ 6,301 $ 6,611 15,320
Baccalaureate II $ 7,287 $ 7,582 15,322
Baccalaureate III $ 10,417 $ 10,574 15,324
Masters and Professional I $ 11,788 $ 12,300 15,326
Masters and Professional II $ 17,020 $ 17,558 15,328
Masters and Professional III $ 22,976 $ 23,214 15,330
Doctoral I $ 19,495 $ 19,647 15,332
Doctoral II $ 25,066 $ 25,840 15,334
Medical I $ 27,250 $ 27,709 15,336
Medical II $ 38,309 $ 39,323 15,338
(2) Student Services 15,341
For this purpose full-time equivalent counts shall be 15,343
weighted to reflect differences among institutions in the numbers 15,344
of students enrolled on a part-time basis. 15,345
FY 2000 FY 2001 15,347
All Expenditure Models $ 556 $ 594 15,348
(B) Plant Operation and Maintenance (POM) 15,350
(1) Determination of the Square-Foot Based POM Subsidy 15,352
Space undergoing renovation shall be funded at the rate 15,354
allowed for storage space. 15,355
In the calculation of square footage for each campus, 15,357
square footage shall be weighted to reflect differences in space 15,358
utilization.
324
The space inventories for each campus shall be those 15,360
determined in the fiscal year 1997 instructional subsidy, 15,361
adjusted for changes attributable to the construction or 15,362
renovation of facilities for which state appropriations were made 15,363
or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of 15,365
operation in fiscal year 2000 or fiscal year 2001 that is not 15,366
otherwise replaced by a campus shall be deleted from the fiscal 15,367
year 1997 inventory.
The square-foot based plant operation and maintenance 15,369
subsidy for each campus shall be determined as follows: 15,370
(a) For each standard room type category shown below, the 15,372
subsidy-eligible net assignable square feet (NASF) for each 15,373
campus shall be multiplied by the following rates, and the 15,374
amounts summed for each campus to determine the total gross 15,375
square-foot based POM expenditure requirement:
FY 2000 FY 2001 15,377
Classrooms $5.18 $5.33 15,378
Laboratories $6.45 $6.64 15,379
Offices $5.18 $5.33 15,380
Audio Visual Data Processing $6.45 $6.64 15,381
Storage $2.30 $2.36 15,382
Circulation $6.53 $6.72 15,383
Other $5.18 $5.33 15,384
(b) The total gross square-foot POM expenditure 15,387
requirement shall be allocated to models in proportion to 15,388
full-time equivalent (FTE) enrollments as reported in enrollment 15,389
data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) 15,391
above shall be multiplied by the ratio of subsidy-eligible FTE 15,393
students to total FTE students reported in each model, and the 15,394
amounts summed for all models. To this total amount shall be 15,395
added an amount to support roads and grounds expenditures to
produce the total square-foot based POM subsidy. 15,396
325
(2) Determination of the Activity-Based POM Subsidy 15,398
(a) The number of subsidy-eligible FTE students in each 15,400
model shall be multiplied by the following rates for each campus 15,401
for each fiscal year.
FY 2000 FY 2001 15,404
General Studies I $ 488 $ 488 15,406
General Studies II $ 563 $ 584 15,408
General Studies III $1,237 $1,217 15,410
Technical I $ 555 $ 553 15,412
Technical II $1,128 $1,175 15,414
Baccalaureate I $ 641 $ 655 15,416
Baccalaureate II $1,067 $1,109 15,418
Baccalaureate III $1,578 $1,598 15,420
Masters & Professional I $ 995 $1,022 15,422
Masters & Professional II $1,742 $1,895 15,424
Masters & Professional III $2,620 $2,614 15,426
Doctoral I $1,433 $1,382 15,428
Doctoral II $2,502 $2,613 15,430
Medical I $2,389 $2,485 15,432
Medical II $3,458 $3,362 15,434
(b) The sum of the products for each campus determined in 15,437
division (B)(2)(a) for each fiscal year shall be weighted by a 15,439
factor to reflect sponsored research activity and job-training 15,440
related public services expenditures to determine the total 15,441
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 15,443
Adjustments
(1) Calculation of Core Subsidy Entitlements 15,445
The calculation of the core subsidy entitlement shall 15,447
consist of the following components: 15,448
(a) For each campus and for each fiscal year, the core 15,450
subsidy entitlement shall be determined by multiplying the 15,451
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 15,453
assumed local contributions, by (i) average subsidy-eligible 15,454
326
full-time equivalents for the two-year period ending in the prior 15,455
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible full-time equivalents for the five-year 15,457
period ending in the prior year for all models except Doctoral I 15,458
and Doctoral II.
(b) In calculating the core subsidy entitlements for 15,460
Medical II models only, the board shall use the following count 15,461
of full-time equivalent students in place of the two-year average 15,462
and five-year average of subsidy-eligible students. 15,464
(i) For those medical schools whose current year 15,466
enrollment is below the base enrollment, the Medical II full-time 15,467
equivalent enrollment shall equal: 65 per cent of the base 15,468
enrollment plus 35 per cent of the current year enrollment, where 15,469
the base enrollment is: 15,470
Ohio State University 1010 15,472
University of Cincinnati 833 15,473
Medical College of Ohio at 15,474
Toledo 650
Wright State University 433 15,475
Ohio University 433 15,476
Northeastern Ohio Universities 15,477
College of Medicine 433
(ii) For those medical schools whose current year 15,480
enrollment is equal to or greater than the base enrollment, the 15,481
Medical II full-time equivalent enrollment shall equal the 15,482
current enrollment. 15,483
(c) For all FTE-based subsidy calculations involving 15,485
all-terms FTE data, FTE-based allowances shall be converted from 15,486
annualized to annual rates to ensure equity and consistency of 15,487
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 15,490
calculations listed in division (C)(1)(a) above and use the
greater sum as the core subsidy entitlement. 15,491
The POM subsidy for each campus shall equal the greater of 15,493
327
the square-foot-based subsidy or the activity-based POM subsidy 15,494
component of the core subsidy entitlement, except that the total 15,495
activity-based POM subsidy shall not exceed 161% of the 15,496
square-foot based POM subsidy in fiscal year 2000 and shall not 15,497
exceed 177% of the square-foot-based subsidy in fiscal year 2001. 15,498
(e) In fiscal year 2000, no more than 10.94% of the total 15,500
instructional subsidy shall be reserved to implement the 15,501
recommendations of the Graduate Funding Commission. In fiscal 15,502
year 2001, no more than 10.75% of the total instructional subsidy 15,503
shall be reserved for this same purpose. It is the intent of the 15,504
General Assembly that the doctoral reserve be reduced 0.25
percentage points each year thereafter until no more than 10.0% 15,505
of the total instructional subsidy is reserved to implement the 15,506
recommendations of the Graduate Funding Commission. In fiscal 15,507
year 2001, the Board of Regents shall reallocate 2% of the 15,508
reserve among the state-assisted universities on the basis of a 15,509
quality review as specified in the recommendations of the 15,510
Graduate Funding Commission.
The amount so reserved shall be allocated to universities 15,512
in proportion to their share of the total number of Doctoral I 15,513
equivalent FTEs as calculated on an institutional basis using 15,514
fiscal year 1998 annualized FTEs as adjusted to reflect the 15,515
effects of doctoral review. For the purposes of this
calculation, a doctoral equivalent FTE shall equal one Doctoral I 15,516
FTE, or 1.5 Doctoral II FTEs. 15,517
(2) Annual Hold Harmless Provision 15,519
In addition to and after the other adjustments noted above, 15,521
in fiscal year 2000 each campus shall have its subsidy adjusted 15,522
to the extent necessary to provide an amount that is not less 15,523
than 100% of the instructional subsidy received by the campus in 15,524
fiscal year 1999. In fiscal year 2001 each campus shall have its 15,526
subsidy adjusted to the extent necessary to provide an amount
that is not less than 100% of the instructional subsidy received 15,527
by the campus in fiscal year 2000. 15,528
328
(3) Capital Component Deduction 15,530
After all other adjustments have been made, instructional 15,532
subsidy earnings shall be reduced for each campus by the amount, 15,533
if any, by which debt service charged in Am. H.B. 748 of the 15,534
121st General Assembly and Am. Sub. H.B. 850 of the 122nd General 15,535
Assembly for that campus exceeds that campus' capital component 15,536
earnings.
(D) Reductions in Earnings 15,538
If total systemwide instructional subsidy earnings in any 15,540
fiscal year exceed total appropriations available for such 15,541
purposes, the Board of Regents shall proportionately reduce the 15,542
instructional subsidy earnings for all campuses by a uniform 15,543
percentage so that the systemwide sum equals available 15,544
appropriations.
(E) Exceptional Circumstances 15,546
Adjustments may be made to instructional subsidy payments 15,548
and other subsidies distributed by the Ohio Board of Regents to 15,549
state-assisted colleges and universities for exceptional 15,550
circumstances. No adjustments for exceptional circumstances may 15,551
be made without the recommendation of the chancellor and the 15,552
approval of the Controlling Board. 15,553
Distribution of Instructional Subsidy 15,555
The instructional subsidy payments to the institutions 15,557
shall be in substantially equal monthly amounts during the fiscal 15,558
year, unless otherwise determined by the Director of Budget and 15,559
Management pursuant to the provisions of section 126.09 of the 15,560
Revised Code. Payments during the first six months of the fiscal 15,561
year shall be based upon the instructional subsidy appropriation 15,562
estimates made for the various institutions of higher education 15,563
according to the Ohio Board of Regents enrollment estimates. 15,564
Payments during the last six months of the fiscal year shall be 15,565
distributed after approval of the Controlling Board upon the 15,566
request of the Ohio Board of Regents. 15,567
Law School Subsidy 15,569
329
The instructional subsidy to state supported universities 15,571
for students enrolled in law schools in fiscal year 2000 and 15,572
fiscal year 2001 shall be calculated by using the number of 15,573
subsidy eligible full-time equivalent law school students funded 15,574
by state subsidy in fiscal year 1995 or the actual number of 15,575
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 15,576
Section 7.02. Mission-Based Core Funding for Higher 15,578
Education
Jobs Challenge 15,580
Funds appropriated to appropriation item 235-415, Jobs 15,582
Challenge, shall be distributed to state-assisted community and 15,583
technical colleges, regional campuses of state-assisted 15,584
universities, and other organizationally distinct and 15,585
identifiable member campuses of the EnterpriseOhio Network in 15,586
support of noncredit job-related training. In fiscal years 2000 15,588
and 2001, $3,543,864 and $4,000,000, respectively, shall be
distributed to campuses in proportion to each campus' share of 15,590
noncredit job-related training revenues received by all campuses 15,591
for the previous fiscal year. It is the intent of the General 15,592
Assembly that this workforce develoment incentive component of 15,593
the Jobs Challenge Program reward campus noncredit job-related 15,594
training efforts in the same manner that the Research Challenge 15,595
Program rewards campuses for their ability to obtain sponsored 15,596
research revenues. 15,597
In fiscal years 2000 and 2001, $2,700,000 and $2,781,000, 15,599
respectively, shall be distributed equally to these same 15,600
EnterpriseOhio Network campuses to fulfill a performance contract 15,601
with the Ohio Board of Regents demonstrating their capability to 15,602
provide accessible and affordable training services to Ohio 15,603
companies, and particularly to improve the business performance 15,604
of smaller firms.
In fiscal years 2000 and 2001, $2,500,000 and $4,198,694, 15,606
respectively, shall be allocated to attract, develop, and retain 15,607
330
companies strategically important to the state's economy through 15,608
training and assessment services provided by EnterpriseOhio 15,609
Network campuses. These funds shall be used in conjunction with 15,610
funds appropriated to the Department of Development in H.B. 283 15,611
of the 123rd General Assembly for the purpose of attracting, 15,612
developing, and retaining companies strategically important to 15,613
the state's economy. Strategically related industries and 15,614
companies shall be selected by the Ohio Board of Regents and the 15,615
Ohio Department of Development. 15,616
Access Challenge 15,618
In each fiscal year, the foregoing appropriation item 15,620
235-418, Access Challenge, shall be distributed to Ohio's 15,621
state-assisted access colleges and universities in proportion to 15,622
each campus' share of full-time equivalent enrollments at the 15,623
General Studies level as determined in the subsidy calculation 15,624
process in the previous fiscal year. For the purposes of this
allocation, "access campuses" includes state-assisted community 15,625
colleges, state community colleges, technical colleges, Shawnee 15,626
State University, Central State University, Cleveland State 15,627
University, the regional campuses of state-assisted universities, 15,628
and, where they are organizationally distinct and identifiable, 15,630
the community-technical colleges located at the University of
Toledo, the University of Cincinnati, Youngstown State 15,631
University, and the University of Akron. 15,632
For the purposes of this calculation, Cleveland State 15,634
University's share of full-time equivalent subsidy-eligible 15,635
General Studies students shall equal its total full-time 15,636
equivalent subsidy-eligible General Studies students multiplied 15,637
by the ratio of the sum of full-time equivalent subsidy-eligible
General Studies students enrolled in the community-technical 15,638
colleges at the University of Toledo, the University of 15,639
Cincinnati, Youngstown State University, and the University of 15,640
Akron divided by the sum of full-time equivalent subsidy-eligible 15,641
General Studies students enrolled at those same four 15,642
331
universities. However, Cleveland State University shall not
receive less in each year of the 1999-2001 biennium than the 15,643
amount received in fiscal year 1999. 15,644
(A) Of the total appropriation item 235-418, Access 15,646
Challenge, $2,500,000 in fiscal year 2000 and $17,943,665 in 15,648
fiscal year 2001 shall be used solely to restrain the growth of 15,649
or reduce in-state undergraduate tuition and fees. 15,650
(B) Of the remaining appropriation of $32,813,691 in 15,652
fiscal year 2000 and $47,324,335 in fiscal year 2001, 50 per cent 15,653
of all new subsidies received by each campus in each fiscal year 15,654
shall be used in combination with campus shares of the amounts 15,655
determined in paragraph (A) above to restrain the growth of or 15,656
reduce in-state undergraduate tuition and fees. For the purposes 15,657
of this distribution, "new subsidies" in fiscal year 2000 shall 15,658
equal a campus's share of the $32,813,691 allocation for fiscal 15,659
year 2000 minus the campus's share of the $20,000,000 allocation 15,660
distributed for this purpose by the Board of Regents from 15,661
appropriations in Am. Sub. H.B. 215 of the 122nd General 15,662
Assembly. In fiscal year 2001, "new subsidies" shall equal a 15,663
campus's share of the $47,324,335 allocation for fiscal year 2001 15,664
minus the campus's share of the $32,813,691 allocation for fiscal 15,665
year 2000. In both fiscal years, negative differences between 15,666
the current and previous year shall default to zero. 15,667
(C) In each fiscal year, the statewide average fee 15,669
restraint or reduction percentage shall be applied uniformly to 15,670
all campuses receiving Access Challenge appropriations according 15,671
to a methodology to be determined by the Board of Regents. The 15,672
approach determined by the Board of Regents shall restrain 15,673
tuition increases to zero per cent in fiscal year 2000 and 15,675
achieve tuition reductions of five per cent in fiscal year 2001. 15,676
Success Challenge 15,678
The foregoing appropriation item 235-420, Success 15,680
Challenge, shall be used by the Ohio Board of Regents to promote 15,681
degree completion by students enrolled at a main campus of a 15,682
332
state-assisted university. 15,683
In each fiscal year, two-thirds of the appropriations shall 15,685
be distributed to state-assisted university main campuses in 15,686
proportion to each campus' share of the total statewide 15,687
bachelor's degrees granted by university main campuses to
"at-risk" students. In fiscal year 2000 and fiscal year 2001, an 15,688
"at-risk" student shall be defined to mean any undergraduate 15,689
student who had received an Ohio Instructional Grant during the 15,690
past ten years. An eligible institution shall not receive its 15,691
share of this distribution until it has submitted a plan that 15,692
addresses how the subsidy will be used to better serve at-risk 15,693
students and increase their likelihood of successful completion 15,694
of a bachelor's degree program. The Board of Regents shall 15,695
disseminate to all state-supported institutions of higher 15,696
education all such plans submitted by institutions that received 15,697
Success Challenge funds.
In each fiscal year, one-third of the appropriations shall 15,699
be distributed to university main campuses in proportion to each 15,700
campus' share of the total bachelor's degrees granted by 15,701
university main campuses to undergraduate students who completed 15,702
their bachelor's degrees in a "timely manner" in the previous 15,703
fiscal year. For the purposes of this section, "timely manner"
shall mean the normal time it would take for a full-time 15,704
degree-seeking undergraduate student to complete the student's 15,706
degree. Generally, for such students pursuing a bachelor's 15,707
degree, "timely manner" shall mean four years. Exceptions to 15,708
this general rule shall be permitted for students enrolled in 15,709
programs specifically designed to be completed in a longer time
period. The Board of Regents shall collect base-line data 15,710
beginning with the 1998-99 academic year to assess the timely 15,711
completion statistics by university main campuses. 15,712
Eminent Scholars Program 15,714
The foregoing appropriation item 235-451, Eminent Scholars, 15,716
shall be used by the Ohio Board of Regents to establish an Ohio 15,718
333
Eminent Scholars Program, the purpose of which is to invest 15,719
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of 15,720
Ohio's academic programs. Endowment grants of $750,000 to state 15,721
colleges and universities to match endowment gifts from nonstate 15,722
sources may be made in accordance with a plan established by the 15,723
Ohio Board of Regents. Matching gifts in science and technology 15,724
programs shall be $750,000, and in all other program areas, 15,725
$500,000. The grants shall have as their purpose attracting and 15,726
sustaining in Ohio scholar-leaders of national or international 15,727
prominence who will assist the state in one of the following 15,728
three areas: (1) improving the state's economic development; (2) 15,729
strengthening the state's system of K-12 education; or (3) 15,730
improving public health and safety. Such scholar-leaders shall, 15,731
among their duties, share broadly the benefits and knowledge 15,732
unique to their field of scholarship to the betterment of Ohio 15,733
and its people.
Research Challenge 15,735
The foregoing appropriation item 235-454, Research 15,737
Challenge, shall be used to enhance the basic research 15,738
capabilities of public colleges and universities and accredited 15,739
Ohio institutions of higher education holding certificates of 15,740
authorization issued pursuant to section 1713.02 of the Revised 15,741
Code, in order to strengthen the academic research for pursuing 15,742
Ohio's economic redevelopment goals. The Ohio Board of Regents, 15,743
in consultation with the colleges and universities, shall 15,744
administer the Research Challenge Program and utilize a means of 15,745
matching, on a fractional basis, external funds attracted in the 15,746
previous year by institutions for basic research. The program 15,747
may include incentives for increasing the amount of external 15,748
research funds coming to such eligible institutions and for 15,749
focusing research efforts upon critical state needs. Colleges 15,750
and universities shall submit for review and approval to the Ohio 15,751
Board of Regents plans for the institutional allocation of state 15,752
334
dollars received through this program. Such institutional plans 15,753
shall provide the rationale for the allocation in terms of the 15,754
strategic targeting of funds for academic and state purposes, for 15,755
strengthening research programs, and for increasing the amount of 15,756
external research funds, and shall include an evaluation process 15,757
to provide results of the increased support. It is the intent of 15,758
the General Assembly that increases in funding for appropriation 15,759
item 235-454, Research Challenge, in the 1999-2001 biennium, over 15,760
the 1993-1995 biennium levels, be used by campuses as 15,761
unrestricted funding for research, in the same way that 15,762
Instructional Subsidy allocations are used. 15,763
The Ohio Board of Regents shall submit a biennial report of 15,765
progress to the General Assembly. 15,766
Priorities in Graduate Education 15,768
The foregoing appropriation item 235-554, Priorities in 15,770
Graduate Education, shall be used by the Ohio Board of Regents to 15,771
support improvements in graduate programs in computer science at 15,772
state-assisted universities. In each fiscal year, up to $200,000 15,773
may be used to support collaborative efforts in graduate
education in this program area. In fiscal year 2001, $1,000,000 15,774
shall be used by the Board of Regents to support improvements in 15,775
graduate programs in the life sciences at state-assisted 15,776
universities.
Section 7.03. Higher Education--Board of Trustees 15,778
Funds appropriated for instructional subsidies at colleges 15,780
and universities may be used to provide such branch or other 15,781
off-campus undergraduate courses of study and such master's 15,782
degree courses of study as may be approved by the Ohio Board of 15,783
Regents. 15,784
In providing instructional and other services to students, 15,786
boards of trustees of state-assisted institutions of higher 15,787
education shall supplement state subsidies by income from charges 15,788
to students. Each board shall establish the fees to be charged 15,789
to all students, including an instructional fee for educational 15,790
335
and associated operational support of the institution and a
general fee for noninstructional services, including locally 15,791
financed student services facilities used for the benefit of 15,792
enrolled students. The instructional fee and the general fee 15,793
shall encompass all charges for services assessed uniformly to 15,794
all enrolled students. Each board may also establish special 15,795
purpose fees, service charges, and fines as required; such
special purpose fees and service charges shall be for services or 15,796
benefits furnished individual students or specific categories of 15,797
students and shall not be applied uniformly to all enrolled 15,798
students. A tuition surcharge shall be paid by all students who 15,799
are not residents of Ohio.
Boards of trustees of individual state-assisted 15,801
universities shall limit combined university main campus in-state 15,802
undergraduate instructional and general fee increases for an 15,804
academic year over the amounts charged in the prior academic year 15,805
to no more than six per cent. The boards of trustees of 15,806
individual state-assisted universities shall not authorize 15,807
combined university main campus in-state undergraduate
instructional and general fee increases of more than four per 15,810
cent in a single vote. Boards of trustees of individual
state-assisted university branch campuses, community colleges, 15,811
and technical colleges shall limit combined in-state 15,812
undergraduate instructional and general fee increases for an 15,813
academic year over the amounts charged in the prior academic year 15,814
to no more than three per cent. These fee increase limitations
apply even if an institutional board of trustees has, prior to 15,815
the effective date of this section, voted to assess a higher fee 15,816
for the 1999-2000 academic year. These limitations shall not 15,817
apply to increases required to comply with institutional 15,818
covenants related to their obligations or to meet unfunded legal 15,819
mandates or legally binding obligations incurred or commitments 15,820
made prior to the effective date of this act with respect to 15,821
which the institution had identified such fee increases as the 15,822
336
source of funds. Any increase required by such covenants and any 15,823
such mandates, obligations, or commitments shall be reported by 15,824
the Board of Regents to the Controlling Board. These 15,825
limitations may also be modified by the Ohio Board of Regents, 15,826
with the approval of the Controlling Board, to respond to 15,827
exceptional circumstances as identified by the Ohio Board of
Regents. 15,828
The board of trustees of a state-assisted institution of 15,830
higher education shall not authorize a waiver or nonpayment of 15,831
instructional fees nor general fees for any particular student or 15,832
any class of students other than waivers specifically authorized 15,833
by law or approved by the chancellor. This prohibition is not 15,834
intended to limit the authority of boards of trustees to provide 15,835
for payments to students for services rendered the institution, 15,836
nor to prohibit the budgeting of income for staff benefits or for 15,837
student assistance in the form of payment of such instructional 15,838
and general fees. 15,839
Each state-assisted institution of higher education in its 15,841
statement of charges to students shall separately identify the 15,842
instructional fee, the general fee, the tuition charge, and the 15,843
tuition surcharge. Fee charges to students for instruction shall 15,844
not be considered to be a price of service but shall be 15,845
considered to be an integral part of the state government 15,846
financing program in support of higher educational opportunity 15,847
for students. 15,848
In providing the appropriations in support of instructional 15,850
services at state-assisted institutions of higher education and 15,851
the appropriations for other instruction it is the intent of the 15,852
General Assembly that faculty members shall devote a proper and 15,853
judicious part of their work week to the actual instruction of 15,854
students. Total class credit hours of production per quarter per 15,855
full-time faculty member is expected to meet the standards set 15,856
forth in the budget data submitted by the Ohio Board of Regents. 15,857
No state-assisted college or university shall contract 15,859
337
additional debt to finance additional student housing or permit 15,860
the construction of additional student housing on land owned or 15,861
leased by such institution without the approval of the Board of 15,862
Regents. In granting or denying approval, the board shall 15,863
consider demographic projections and established service 15,864
districts, as well as the current strength of enrollment patterns 15,865
throughout the state and in the public and private institutions 15,866
that have historically drawn students from the same markets as 15,867
the institution requesting additional housing. The board shall 15,868
also consider statewide dormitory occupancy patterns and any debt 15,869
burden that would be incurred by the institution. The board 15,870
shall monitor demographic trends and shall recommend that the 15,871
General Assembly modify this section when there is no longer a 15,872
significant risk of future enrollment decline. 15,873
The board shall have no authority to prohibit the 15,875
construction of privately financed housing constructed on land 15,876
that is not owned or leased by the institution, even if the 15,877
institution has entered or intends to enter into some type of 15,878
contractual agreement with the developers or owners of such 15,879
housing. 15,880
The authority of government vested by law in the boards of 15,882
trustees of state-assisted institutions of higher education shall 15,883
in fact be exercised by those boards. Boards of trustees may 15,884
consult extensively with appropriate student and faculty groups. 15,886
Administrative decisions about the utilization of available 15,887
resources, about organizational structure, about disciplinary 15,888
procedure, about the operation and staffing of all auxiliary 15,889
facilities, and about administrative personnel shall be the 15,890
exclusive prerogative of boards of trustees. Any delegation of 15,891
authority by a board of trustees in other areas of responsibility 15,892
shall be accompanied by appropriate standards of guidance 15,893
concerning expected objectives in the exercise of such delegated 15,894
authority and shall be accompanied by periodic review of the 15,895
exercise of this delegated authority to the end that the public 15,896
338
interest, in contrast to any institutional or special interest, 15,897
shall be served.
Section 7.04. Medical School Subsidies 15,899
The foregoing appropriation item 235-515, CWRU School of 15,901
Medicine, shall be disbursed to Case Western Reserve University 15,902
through the Ohio Board of Regents in accordance with agreements 15,903
entered into as provided for by section 3333.10 of the Revised 15,904
Code, provided that the state support per full-time medical 15,905
student shall not exceed that provided to full-time medical 15,906
students at state universities. 15,907
The foregoing appropriation items 235-536, Ohio State 15,909
University Clinical Teaching; 235-537, University of Cincinnati 15,911
Clinical Teaching; 235-538, Medical College of Ohio at Toledo 15,912
Clinical Teaching; 235-539, Wright State University Clinical 15,913
Teaching; 235-540, Ohio University Clinical Teaching; and 15,914
235-541, Northeastern Ohio Universities College of Medicine 15,915
Clinical Teaching, shall be distributed through the Ohio Board of 15,916
Regents.
The foregoing appropriation item 235-572, OSU Clinic 15,918
Support, shall be distributed through the Ohio Board of Regents 15,919
to the Ohio State University for support of dental and veterinary 15,920
medicine clinics. 15,921
The Ohio Board of Regents shall develop plans consistent 15,923
with existing criteria and guidelines as may be required for the 15,924
distribution of appropriation items 235-519, Family Practice, 15,925
235-525, Geriatric Medicine, and 235-526, Primary Care 15,926
Residencies. 15,927
Of the foregoing appropriation item 235-539, Wright State 15,929
University Clinical Teaching, $160,000 in each fiscal year shall 15,931
be for the use of Wright State University's Ellis Institute for 15,932
Clinical Teaching Studies to operate the clinical facility to 15,933
serve the Greater Dayton area. 15,934
Performance Standards for Medical Education 15,936
The Ohio Board of Regents, in consultation with the 15,938
339
state-assisted medical colleges, shall develop performance 15,940
standards for medical education. Special emphasis in the 15,942
standards shall be placed on attempting to ensure that at least 15,943
50 per cent of the aggregate number of students enrolled in 15,944
state-assisted medical colleges continue to enter residency as 15,945
primary care physicians. Primary care physicians are defined as 15,947
general family practice physicians, general internal medicine 15,950
practitioners, and general pediatric care physicians. The Board 15,953
of Regents shall be responsible for monitoring medical school 15,954
performance in relation to their plans for reaching the 50 per 15,955
cent systemwide standard for primary care physicians. 15,956
The foregoing appropriation item 235-526, Primary Care 15,958
Residencies, shall be distributed in each fiscal year of the 15,959
biennium based on whether the institution has submitted and 15,961
gained approval for a plan. If the institution does not have an
approved plan then it shall receive five per cent less funding 15,962
per student than it would have received from its annual 15,963
allocation. The remaining funding shall be distributed among 15,964
those institutions that meet or exceed their targets. 15,965
Area Health Education Centers 15,967
The foregoing appropriation item 235-474, AHEC Program 15,969
Support, shall be used by the Ohio Board of Regents to support 15,970
the medical school regional AHECs' educational programs for the 15,971
continued support of medical and other health professions 15,972
education and for support of the Area Health Education Center 15,973
program. 15,974
Of the foregoing appropriation item 235-474, AHEC Program 15,976
Support, $200,000 in each fiscal year shall be disbursed to the 15,977
Ohio University College of Osteopathic Medicine for the 15,978
establishment of a mobile health care unit to serve the 15,979
southeastern area of the state. Of the foregoing appropriation 15,980
item 235-474, AHEC Program Support, $150,000 in each fiscal year 15,981
shall be used to support the Ohio Valley Community Health 15,982
Information Network (OVCHIN) pilot project. 15,983
340
Section 7.05. Midwest Higher Education Compact 15,985
The foregoing appropriation item 235-408, Midwest Higher 15,987
Education Compact, shall be distributed by the Ohio Board of 15,988
Regents pursuant to section 3333.40 of the Revised Code. 15,989
College Readiness Initiatives 15,991
Appropriation item 235-404, College Readiness Initiatives, 15,993
shall be used by the Board of Regents in support of programs 15,995
designed to improve the ability of high school students to enroll 15,997
and succeed in higher education. These programs shall include, 15,998
but not be limited to, the following: the continued
administration of the Early English Composition Assessment 15,999
portion of the postsecondary readiness testing program, the 16,000
implementation of the State Higher Education Remediation Advisory 16,001
Commission report, and the creation of a statewide outreach 16,002
effort to promote the availability, need, and affordability of a 16,003
college education.
Mathematics and Science Teaching Improvement 16,005
Appropriation item 235-403, Math/Science Teaching 16,007
Improvement, shall be used by the Board of Regents in support of 16,009
programs designed to raise the quality of mathematics and science 16,010
teaching in primary and secondary education. Of these amounts, 16,011
$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 16,012
in fiscal year 2001 shall be reserved for Project Discovery. 16,013
Technology 16,015
Appropriation item 235-417, Technology, shall be used by 16,017
the Board of Regents to support the continued implementation of 16,018
the Ohio Learning Network, a statewide electronic collaborative 16,019
effort designed to promote degree completion of students, 16,020
workforce training of employees, and professional development 16,021
through the use of advanced telecommunications and distance
education initiatives. 16,022
Displaced Homemakers 16,024
Of the foregoing appropriation item 235-509, Displaced 16,026
341
Homemakers, the Ohio Board of Regents shall continue funding 16,027
pilot projects authorized in Am. Sub. H.B. 291 of the 115th 16,028
General Assembly for the following centers: Cuyahoga Community 16,029
College, University of Toledo, Southern State Community College, 16,030
and Stark Technical College. The amount of $30,000 in each 16,031
fiscal year shall be used for the Baldwin-Wallace Single Parents 16,032
Reaching Out for Unassisted Tomorrows program. 16,033
Ohio Aerospace Institute 16,035
The foregoing appropriation item 235-527, Ohio Aerospace 16,037
Institute, shall be distributed by the Ohio Board of Regents 16,038
pursuant to section 3333.042 of the Revised Code. 16,039
Productivity Improvement Challenge 16,041
The foregoing appropriation item 235-455, Productivity 16,043
Improvement Challenge, shall be allocated by the Ohio Board of 16,044
Regents to continue increasing the capabilities of Business and 16,046
Industry Training Centers at Ohio's two-year college and 16,047
university regional campuses to meet the varied training needs of
Ohio enterprises. Funds shall be available for capacity building 16,048
projects and activities developed through the Enterprise Ohio 16,049
Network of Business and Industry Training Centers. The Regents 16,050
Advisory Committee for Workforce Development, in its advisory 16,051
role, shall assist in the development of plans and activities. 16,053
Of the foregoing appropriation item 235-455, Productivity 16,055
Improvement Challenge, $208,000 in each fiscal year shall be used 16,057
by the Dayton Business/Sinclair College Jobs Profiling Program.
Access Improvement Projects 16,059
The foregoing appropriation item 235-477, Access 16,061
Improvement Projects, shall be used by the Ohio Board of Regents 16,062
to develop innovative statewide strategies to increase student 16,063
access and retention for specialized populations, and to provide 16,064
for pilot projects that will contribute to improving access to 16,065
higher education by specialized populations. The funds may be 16,066
used for projects that improve access for nonpublic secondary 16,067
students. 16,068
342
Of the foregoing appropriation item 235-477, Access 16,070
Improvement Projects, $740,000 in each fiscal year shall be 16,071
distributed to the Appalachian Center for Higher Education at 16,072
Shawnee State University. The Board of Directors of the center 16,073
shall be comprised of the presidents of Shawnee State University, 16,074
Ohio University, Belmont Technical College, Hocking Technical 16,075
College, Jefferson Technical College, Muskingum Area Technical 16,076
College, Rio Grande Community College, Southern State Community 16,077
College, Washington State Community College, the dean of either 16,078
the Salem or East Liverpool regional campuses of Kent State 16,079
University, as designated by the President of Kent State 16,080
University, and a representative of the Board of Regents 16,081
designated by the chancellor. 16,082
Ohio Supercomputer Center 16,084
The foregoing appropriation item 235-510, Ohio 16,086
Supercomputer Center, shall be used by the Ohio Board of Regents 16,087
to support the operation of the center, located at The Ohio State 16,088
University, as a statewide resource available to Ohio research 16,090
universities both public and private. It is also intended that 16,091
the center be made accessible to private industry as appropriate. 16,092
Policies of the center shall be established by a governance 16,093
committee, representative of Ohio's research universities and 16,094
private industry, to be appointed by the Chancellor of the Ohio 16,095
Board of Regents and established for this purpose. 16,096
Ohio Academic Resources Network (OARNet) 16,098
The foregoing appropriation item 235-556, Ohio Academic 16,100
Resource Network, shall be used to support the operations of the 16,102
Ohio Academic Resources Network, which shall include support for 16,103
Ohio's state-assisted colleges and universities in maintaining
and enhancing network connections. 16,104
Section 7.06. Pledge of Fees* 16,106
Any new pledge of fees, or new agreement for adjustment of 16,108
fees, made in the 1999-2001 biennium to secure bonds or notes of 16,109
a state-assisted institution of higher education for a project 16,110
343
for which bonds or notes were not outstanding on the effective 16,111
date of this section shall be effective only after approval by 16,112
the Ohio Board of Regents, unless approved in a previous 16,113
biennium.
Rental Payments to the Ohio Public Facilities Commission 16,116
The appropriations to the Ohio Board of Regents from the 16,118
General Revenue Fund for the purposes of division (A) of section 16,119
3333.13 of the Revised Code include the amounts necessary to meet 16,121
all payments at the times required to be made during the period 16,122
from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents 16,123
to the Ohio Public Facilities Commission pursuant to leases and 16,124
agreements made under section 154.21 of the Revised Code, as 16,125
certified under division (C) of section 3333.13 of the Revised 16,126
Code, but limited to the aggregate amount of $743,042,000
provided in appropriation item 235-401, Rental Payments to the 16,127
Ohio Public Facilities Commission. Nothing in this section shall 16,128
be deemed to contravene the obligation of the state to pay, 16,129
without necessity for further appropriation, from the source 16,130
pledged thereto, the bond service charges on obligations issued 16,131
pursuant to section 154.21 of the Revised Code. 16,132
Section 7.07. Ohio Instructional Grants 16,134
Notwithstanding section 3333.12 of the Revised Code, in 16,136
lieu of the tables in that section, instructional grants for all 16,137
full-time students shall be made for fiscal year 2000 using the 16,138
tables under this heading. 16,139
The tables under this heading prescribe the maximum grant 16,141
amounts covering two semesters, three quarters, or a comparable 16,142
portion of one academic year. The grant amount for a full-time 16,143
student enrolled in an eligible institution for a semester or 16,144
quarter in addition to the portion of the academic year covered 16,145
by a grant determined under these tables shall be a percentage of 16,146
the maximum prescribed in the applicable table. The maximum 16,147
grant for a fourth quarter shall be one-third of the maximum 16,148
amount prescribed under the table. The maximum grant for a third 16,149
344
semester shall be one-half of the maximum amount prescribed under 16,150
the table.
For a full-time student who is a dependent and enrolled in 16,153
a nonprofit educational institution that is not a state-assisted 16,154
institution and that has a certificate of authorization issued 16,155
pursuant to Chapter 1713. of the Revised Code, the amount of the 16,156
instructional grant for two semesters, three quarters, or a 16,157
comparable portion of the academic year shall be determined in 16,159
accordance with the following table:
OHIO INSTRUCTIONAL GRANTS 16,160
Private Institution Table of Grants 16,161
Maximum Grant $4,644 16,163
Gross Income Number of Dependents 16,164
1 2 3 4 5 or 16,171
more
Under $12,001 $4,644 $4,644 $4,644 $4,644 $4,644 16,179
$12,001 - $13,000 4,182 4,644 4,644 4,644 4,644 16,185
$13,001 - $14,000 3,708 4,182 4,644 4,644 4,644 16,191
$14,001 - $15,000 3,246 3,708 4,182 4,644 4,644 16,197
$15,001 - $16,000 2,790 3,246 3,708 4,182 4,644 16,203
$16,001 - $17,000 2,328 2,790 3,246 3,708 4,182 16,209
$17,001 - $20,000 1,854 2,328 2,790 3,246 3,708 16,215
$20,001 - $23,000 1,368 1,854 2,328 2,790 3,246 16,221
$23,001 - $26,000 1,146 1,368 1,854 2,328 2,790 16,227
$26,001 - $29,000 924 1,146 1,368 1,854 2,328 16,233
$29,001 - $30,000 840 924 1,146 1,368 1,854 16,239
$30,001 - $31,000 756 840 924 1,146 1,368 16,245
$31,001 - $32,000 378 756 840 924 1,146 16,251
$32,001 - $33,000 -0- 378 756 840 924 16,257
$33,001 - $34,000 -0- -0- 378 756 840 16,263
$34,001 - $35,000 -0- -0- -0- 378 756 16,269
$35,001 - $36,000 -0- -0- -0- -0- 378 16,275
Over $36,000 -0- -0- -0- -0- -0- 16,281
For a full-time student who is financially independent and 16,284
345
enrolled in a nonprofit educational institution that is not a 16,285
state-assisted institution and that has a certificate of 16,286
authorization issued pursuant to Chapter 1713. of the Revised 16,287
Code, the amount of the instructional grant for two semesters, 16,289
three quarters, or a comparable portion of the academic year 16,290
shall be determined in accordance with the following table: 16,291
Private Institution Table of Grants 16,292
Maximum Grant $4,644 16,293
Gross Income Number of Dependents 16,294
0 1 2 3 4 5 or 16,301
more
Under $3,901 $4,644 $4,644 $4,644 $4,644 $4,644 $4,644 16,310
$3,901 - $4,500 4,182 4,644 4,644 4,644 4,644 4,644 16,317
$4,501 - $5,000 3,708 4,182 4,644 4,644 4,644 4,644 16,324
$5,001 - $5,500 3,246 3,708 4,182 4,644 4,644 4,644 16,331
$5,501 - $6,000 2,790 3,246 3,708 4,182 4,644 4,644 16,338
$6,001 - $6,500 2,328 2,790 3,246 3,708 4,182 4,644 16,345
$6,501 - $7,500 1,854 2,328 2,790 3,246 3,708 4,182 16,352
$7,501 - $8,500 1,368 1,854 2,328 2,790 3,246 3,708 16,359
$8,501 - $9,500 1,146 1,368 1,854 2,328 2,790 3,246 16,366
$9,501 - $11,000 924 1,146 1,368 1,854 2,328 2,790 16,373
$11,001 - $12,500 840 924 1,146 1,368 1,854 2,328 16,380
$12,501 - $14,000 756 840 924 1,146 1,368 1,854 16,387
$14,001 - $15,500 378 756 840 924 1,146 1,368 16,394
$15,501 - $18,500 -0- 378 756 840 924 1,146 16,401
$18,501 - $21,500 -0- -0- 378 756 840 924 16,408
$21,501 - $24,500 -0- -0- -0- 378 756 840 16,415
$24,501 - $29,200 -0- -0- -0- -0- 378 756 16,422
$29,201 - $33,900 -0- -0- -0- -0- -0- 378 16,429
Over $33,900 -0- -0- -0- -0- -0- -0- 16,436
For a full-time student who is a dependent and enrolled in 16,439
an educational institution that holds a certificate of 16,440
registration from the State Board of Proprietary School 16,441
Registration, the amount of the instructional grant for two 16,443
346
semesters, three quarters, or a comparable portion of the 16,444
academic year shall be determined in accordance with the
following table: 16,445
Proprietary Institution Table of Grants 16,446
Maximum Grant $3,936 16,448
Gross Income Number of Dependents 16,449
1 2 3 4 5 or 16,457
more
Under $12,001 $3,936 $3,936 $3,936 $3,936 $3,936 16,465
$12,001 - $13,000 3,552 3,936 3,936 3,936 3,936 16,471
$13,001 - $14,000 3,132 3,552 3,936 3,936 3,936 16,477
$14,001 - $15,000 2,742 3,132 3,552 3,936 3,936 16,483
$15,001 - $16,000 2,376 2,742 3,132 3,552 3,936 16,489
$16,001 - $17,000 1,950 2,376 2,742 3,132 3,552 16,495
$17,001 - $20,000 1,578 1,950 2,376 2,742 3,132 16,501
$20,001 - $23,000 1,206 1,578 1,950 2,376 2,742 16,507
$23,001 - $26,000 966 1,206 1,578 1,950 2,376 16,513
$26,001 - $29,000 774 966 1,206 1,578 1,950 16,519
$29,001 - $30,000 726 774 966 1,206 1,578 16,525
$30,001 - $31,000 642 726 774 966 1,206 16,531
$31,001 - $32,000 324 642 726 774 966 16,537
$32,001 - $33,000 -0- 324 642 726 774 16,543
$33,001 - $34,000 -0- -0- 324 642 726 16,549
$34,001 - $35,000 -0- -0- -0- 324 642 16,555
$35,001 - $36,000 -0- -0- -0- -0- 324 16,561
Over $36,000 -0- -0- -0- -0- -0- 16,567
For a full-time student who is financially independent and 16,570
enrolled in an educational institution that holds a certificate 16,571
of registration from the State Board of Proprietary School 16,572
Registration, the amount of the instructional grant for two 16,574
semesters, three quarters, or a comparable portion of the
academic year shall be determined in accordance with the 16,575
following table: 16,576
Proprietary Institution Table of Grants 16,577
347
Maximum Grant $3,936 16,578
Gross Income Number of Dependents 16,579
0 1 2 3 4 5 or 16,586
more
Under $3,901 $3,936 $3,936 $3,936 $3,936 $3,936 $3,936 16,595
$3,901 - $4,500 3,552 3,936 3,936 3,936 3,936 3,936 16,602
$4,501 - $5,000 3,132 3,552 3,936 3,936 3,936 3,936 16,609
$5,001 - $5,500 2,742 3,132 3,552 3,936 3,936 3,936 16,616
$5,501 - $6,000 2,376 2,742 3,132 3,552 3,936 3,936 16,623
$6,001 - $6,500 1,950 2,376 2,742 3,132 3,552 3,936 16,630
$6,501 - $7,500 1,578 1,950 2,376 2,742 3,132 3,552 16,637
$7,501 - $8,500 1,206 1,578 1,950 2,376 2,742 3,132 16,644
$8,501 - $9,500 966 1,206 1,578 1,950 2,376 2,742 16,651
$9,501 - $11,000 774 966 1,206 1,578 1,950 2,376 16,658
$11,001 - $12,500 726 774 966 1,206 1,578 1,950 16,665
$12,501 - $14,000 642 726 774 966 1,206 1,578 16,672
$14,001 - $15,500 324 642 726 774 966 1,206 16,679
$15,501 - $18,500 -0- 324 642 726 774 966 16,686
$18,501 - $21,500 -0- -0- 324 642 726 774 16,693
$21,501 - $24,500 -0- -0- -0- 324 642 726 16,700
$24,501 - $29,200 -0- -0- -0- -0- 324 642 16,707
$29,201 - $33,900 -0- -0- -0- -0- -0- 324 16,714
Over $33,900 -0- -0- -0- -0- -0- -0- 16,721
For a full-time student who is a dependent and enrolled in 16,724
a state-assisted educational institution, the amount of the 16,725
instructional grant for two semesters, three quarters, or a 16,727
comparable portion of the academic year shall be determined in 16,728
accordance with the following table: 16,729
Public Institution Table of Grants 16,730
Maximum Grant $1,866 16,731
Gross Income Number of Dependents 16,732
1 2 3 4 5 or 16,738
more
Under $12,001 $1,866 $1,866 $1,866 $1,866 $1,866 16,746
348
$12,001 - $13,000 1,680 1,866 1,866 1,866 1,866 16,752
$13,001 - $14,000 1,482 1,680 1,866 1,866 1,866 16,758
$14,001 - $15,000 1,314 1,482 1,680 1,866 1,866 16,764
$15,001 - $16,000 1,128 1,314 1,482 1,680 1,866 16,770
$16,001 - $17,000 924 1,128 1,314 1,482 1,680 16,776
$17,001 - $20,000 738 924 1,128 1,314 1,482 16,782
$20,001 - $23,000 558 738 924 1,128 1,314 16,788
$23,001 - $26,000 450 558 738 924 1,128 16,794
$26,001 - $29,000 360 450 558 738 924 16,800
$29,001 - $30,000 336 360 450 558 738 16,806
$30,001 - $31,000 306 336 360 450 558 16,812
$31,001 - $32,000 156 306 336 360 450 16,818
$32,001 - $33,000 -0- 156 306 336 360 16,824
$33,001 - $34,000 -0- -0- 156 306 336 16,830
$34,001 - $35,000 -0- -0- -0- 156 306 16,836
$35,001 - $36,000 -0- -0- -0- -0- 156 16,842
Over $36,000 -0- -0- -0- -0- -0- 16,848
For a full-time student who is financially independent and 16,851
enrolled in a state-assisted educational institution, the amount 16,852
of the instructional grant for two semesters, three quarters, or 16,854
a comparable portion of the academic year shall be determined in 16,856
accordance with the following table:
Public Institution Table of Grants 16,857
Maximum Grant $1,866 16,858
Gross Income Number of Dependents 16,859
0 1 2 3 4 5 or 16,867
more
Under $3,901 $1,866 $1,866 $1,866 $1,866 $1,866 $1,866 16,876
$3,901 - $4,500 1,680 1,866 1,866 1,866 1,866 1,866 16,883
$4,501 - $5,000 1,482 1,680 1,866 1,866 1,866 1,866 16,890
$5,001 - $5,500 1,314 1,482 1,680 1,866 1,866 1,866 16,897
$5,501 - $6,000 1,128 1,314 1,482 1,680 1,866 1,866 16,904
$6,001 - $6,500 924 1,128 1,314 1,482 1,680 1,866 16,911
$6,501 - $7,500 738 924 1,128 1,314 1,482 1,680 16,918
349
$7,501 - $8,500 558 738 924 1,128 1,314 1,482 16,925
$8,501 - $9,500 450 558 738 924 1,128 1,314 16,932
$9,501 - $11,000 360 450 558 738 924 1,128 16,939
$11,001 - $12,500 336 360 450 558 738 924 16,946
$12,501 - $14,000 306 336 360 450 558 738 16,953
$14,001 - $15,500 156 306 336 360 450 558 16,960
$15,501 - $18,500 -0- 156 306 336 360 450 16,967
$18,501 - $21,500 -0- -0- 156 306 336 360 16,974
$21,501 - $24,500 -0- -0- -0- 156 306 336 16,981
$24,501 - $29,200 -0- -0- -0- -0- 156 306 16,988
$29,201 - $33,900 -0- -0- -0- -0- -0- 156 16,995
Over $33,900 -0- -0- -0- -0- -0- -0- 17,002
The foregoing appropriation item, 235-503, Ohio 17,005
Instructional Grants, shall be used to make the payments 17,006
authorized by division (C) of section 3333.26 of the Revised Code 17,007
to the institutions described in that division. In addition, 17,008
this appropriation shall be used to reimburse the institutions 17,009
described in division (B) of section 3333.26 of the Revised Code 17,010
for the cost of the waivers required by that division. 17,011
War Orphans' Scholarships 17,013
The foregoing appropriation item 235-504, War Orphans' 17,015
Scholarships, shall be used to reimburse state-assisted 17,016
institutions of higher education for waivers of instructional 17,017
fees and general fees provided by them, and to provide grants to 17,018
institutions that have received a certificate of authorization 17,019
from the Ohio Board of Regents under Chapter 1713. of the Revised 17,020
Code, in accordance with the provisions of section 5910.04 of the 17,021
Revised Code, and to fund additional scholarship benefits 17,022
provided by section 5910.032 of the Revised Code. 17,023
Part-time Student Instructional Grants 17,025
The foregoing appropriation item 235-549, Part-time Student 17,027
Instructional Grants, shall be used to support a grant program 17,028
for part-time undergraduate students who are Ohio residents and 17,029
who are enrolled in degree granting programs. 17,030
350
Eligibility for participation in the program shall include 17,033
degree granting educational institutions that hold a certificate 17,034
of registration from the State Board of Proprietary School 17,035
Registration, and nonprofit institutions that have a certificate 17,036
of authorization issued pursuant to Chapter 1713. of the Revised 17,037
Code, as well as state-assisted colleges and universities. 17,038
Grants shall be given to students on the basis of need, as 17,039
determined by the college, which will, in making these
determinations, give special consideration to single-parent 17,040
heads-of-household and displaced homemakers who enroll in an 17,041
educational degree program that prepares the individual for a 17,042
career. In determining need, the college also shall consider the 17,043
availability of educational assistance from a student's employer. 17,045
It is the intent of the General Assembly that these grants not 17,046
supplant such assistance.
Section 7.08. Capitol Scholarship Programs 17,048
The foregoing appropriation item 235-518, Capitol 17,050
Scholarship Programs, shall be used to provide one hundred 17,051
scholarships in each fiscal year in the amount of $2,000 each for 17,053
students enrolled in Ohio's public and private institutions of
higher education to participate in the Washington Center 17,054
Internship Program. The scholarships shall be matched by the 17,055
Washington Center's scholarship funds. 17,056
Student Choice Grants 17,058
The foregoing appropriation item 235-531, Student Choice 17,060
Grants, shall be used to support the Student Choice Grant Program 17,061
created by section 3333.27 of the Revised Code. 17,062
Academic Scholarships 17,064
Notwithstanding the provision in section 3333.22 of the 17,066
Revised Code requiring the annual amount of a scholarship for a 17,067
scholar to be $2,000, in lieu of that amount the annual 17,068
scholarship amount awarded to any scholar who received a 17,069
scholarship for the 1994-1995 academic year shall be $1,000 for 17,070
any academic year for which the scholar is eligible for a 17,071
351
scholarship under section 3333.22 of the Revised Code. 17,072
Physician Loan Repayment 17,074
The foregoing appropriation item 235-604, Physician Loan 17,076
Repayment, shall be used in accordance with sections 3702.71 to 17,078
3702.81 of the Revised Code.
Nursing Loan Program 17,080
The foregoing appropriation item 235-606, Nursing Loan 17,082
Program, shall be used to administer the nurse education 17,083
assistance program. Up to $148,000 in fiscal year 2000 and 17,084
$152,000 in fiscal year 2001 may be used for operating expenses 17,085
associated with the program. Any additional funds needed for the 17,086
administration of the program are subject to Controlling Board 17,087
approval. 17,088
Section 7.09. Cooperative Extension Service 17,090
Of the foregoing appropriation item 235-511, Cooperative 17,092
Extension Service, $210,000 in each fiscal year shall be used for 17,094
additional staffing for county agents for expanded 4-H 17,095
activities. Of the foregoing appropriation item 235-511, 17,096
Cooperative Extension Service, $210,000 in each fiscal year shall 17,098
be used by the Cooperative Extension Service, through the
Enterprise Center for Economic Development in cooperation with 17,099
other agencies, for a public-private effort to create and operate 17,100
a small business economic development program to enhance the 17,101
development of alternatives to the growing of tobacco, and 17,102
implement through applied research and demonstration, the 17,103
production and marketing of other high value crops and 17,104
value-added products. Of the foregoing appropriation item 17,105
235-511, Cooperative Extension Service, $65,000 in each fiscal 17,106
year shall be used for farm labor mediation and education 17,107
programs. Of the foregoing appropriation item 235-511, 17,108
Cooperative Extension Service, $215,000 in each fiscal year shall 17,109
be used to support the Ohio State University Marion Enterprise 17,110
Center.
Of the foregoing appropriation item 235-511, Cooperative 17,112
352
Extension Service, $680,000 in fiscal year 2000 and $910,500 in 17,113
fiscal year 2001 shall be used to support the Ohio Watersheds 17,114
Initiative.
Agricultural Research and Development Center 17,116
Of the foregoing appropriation item 235-535, Agricultural 17,118
Research and Development Center, $950,000 in each fiscal year 17,119
shall be distributed to the Piketon Agricultural Research and 17,121
Extension Center.
Of the foregoing appropriation item 235-535, Agricultural 17,123
Research and Development Center, $250,000 in each fiscal year 17,124
shall be distributed to the Raspberry/Strawberry-Ellagic Acid 17,125
Research program at the Ohio State University Medical College in 17,126
cooperation with the Ohio State University College of 17,127
Agriculture.
Of the foregoing appropriation item 235-535, Agricultural 17,129
Research and Development Center, $100,000 in each fiscal year 17,130
shall be used for the development of agricultural crops and 17,131
products not currently in widespread production in Ohio, in order 17,132
to increase the income and viability of family farmers. 17,133
Cooperative Extension Service and Agricultural Research and 17,136
Development Center
The foregoing appropriation items 235-511, Cooperative 17,138
Extension Service, and 235-535, Agricultural Research and 17,139
Development Center, shall be disbursed through the Ohio Board of 17,140
Regents to the Ohio State University in monthly payments, unless 17,141
otherwise determined by the Director of Budget and Management 17,142
pursuant to the provisions of section 126.09 of the Revised Code. 17,144
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $540,000 in each fiscal year 17,145
shall be used to purchase equipment. 17,146
The Ohio Agricultural Research and Development Center shall 17,148
not be required to remit payment to The Ohio State University 17,149
during the 1999-2001 biennium for cost reallocation assessments. 17,151
The cost reallocation assessments include, but are not limited 17,152
353
to, any assessment on state appropriations to the center. 17,153
Section 7.10. Sea Grants 17,155
The foregoing appropriation item 235-402, Sea Grants, shall 17,157
be disbursed to The Ohio State University. The funds from this 17,158
appropriation item shall be used to conduct research on fish in 17,159
Lake Erie.
Information System 17,161
The foregoing appropriation item 235-409, Information 17,163
System, shall be used by the Board of Regents to revise the 17,164
higher education data system known as the Uniform Information 17,165
System.
Student Services 17,167
The foregoing appropriation item 235-502, Student Support 17,169
Services, shall be distributed by the Board of Regents to Ohio's 17,170
state-assisted colleges and universities that incur 17,171
disproportionate costs in the provision of support services to 17,172
disabled students.
Shawnee State Supplement 17,174
The foregoing appropriation item 235-520, Shawnee State 17,176
Supplement, shall be used by Shawnee State University as detailed 17,177
by both of the following: 17,178
(A) To allow Shawnee State University to keep its 17,180
undergraduate fees below the statewide average, consistent with 17,181
its mission of service to an economically depressed Appalachian 17,182
region;
(B) To allow Shawnee State University to employ new 17,184
faculty to develop and teach in new degree programs that meet the 17,185
needs of Appalachians.
Police and Fire Protection 17,187
The foregoing appropriation item 235-524, Police and Fire 17,189
Protection, shall be used for police and fire services in the 17,190
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 17,191
Portsmouth, Xenia Township (Greene County), and Rootstown 17,192
Township, which may be used to assist these local governments in
354
providing police and fire protection for the central campus of 17,193
the state-affiliated university located therein. Each 17,194
participating municipality and township shall receive at least 17,195
five thousand dollars per year. Funds shall be distributed by 17,196
the Ohio Board of Regents.
School of International Business 17,198
Of the foregoing appropriation item 235-547, School of 17,200
International Business, $1,243,637 in each fiscal year shall be 17,201
used for the continued development and support of the School of 17,202
International Business of the state universities of northeast 17,203
Ohio. The money shall go to the University of Akron. These 17,204
funds shall be used by the university to establish a School of 17,205
International Business located at the University of Akron. It 17,206
may confer with the Kent State University, Youngstown State 17,207
University, and Cleveland State University as to the curriculum 17,208
and other matters regarding the school.
Of the foregoing appropriation item 235-547, School of 17,210
International Business, $250,000 in each fiscal year shall be 17,211
used to support the University of Toledo School of Business. 17,212
Capital Component 17,214
The foregoing appropriation item 235-552, Capital 17,216
Component, shall be used by the Ohio Board of Regents to 17,217
implement the capital funding policy for state-assisted colleges 17,218
and universities established in Am. H.B. 748 of the 121st General 17,219
Assembly. Appropriations from this item shall be distributed to
all campuses for which the estimated campus debt service 17,220
attributable to new qualifying capital projects is less than the 17,222
campus' formula-determined capital component allocation. Campus
allocations shall be determined by subtracting the estimated 17,223
campus debt service attributable to new qualifying capital 17,224
projects from campus formula-determined capital component 17,225
allocation. Moneys distributed from this appropriation item 17,226
shall be restricted to capital-related purposes. 17,227
Dayton Area Graduate Studies Institute 17,229
355
The foregoing appropriation item 235-553, Dayton Area 17,231
Graduate Studies Institute, shall be used by the Ohio Board of 17,232
Regents to support the Dayton Area Graduate Studies Institute, an 17,233
engineering graduate consortium of three universities in the 17,234
Dayton area - Wright State University, The University of Dayton, 17,235
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and The Ohio State 17,236
University.
Long-Term Care Research 17,238
The foregoing appropriation item 235-558, Long-term Care 17,240
Research, shall be disbursed to Miami University for long-term 17,241
care research.
BGSU Canadian Studies Center 17,243
The foregoing appropriation item 235-561, BGSU Canadian 17,245
Studies Center, shall be used by the Canadian Studies Center at 17,246
Bowling Green State University to study opportunities for Ohio 17,248
and Ohio businesses to benefit from the Free Trade Agreement 17,249
between the United States and Canada.
Urban University Programs 17,251
Of the foregoing appropriation item 235-583, Urban 17,253
University Programs, universities receiving funds which are used 17,255
to support an ongoing university unit must certify periodically 17,256
in a manner approved by the Ohio Board of Regents that program 17,257
funds are being matched on a one-to-one basis with equivalent 17,258
resources. Overhead support may not be used to meet this 17,259
requirement. Where Urban University Program funds are being used 17,260
to support an ongoing university unit, matching funds must come 17,261
from continuing rather than one-time sources. At each 17,262
participating state-assisted institution of higher education, 17,263
matching funds must be within the substantial control of the 17,264
individual designated by the institution's president as the Urban 17,265
University Program representative. 17,266
Of the foregoing appropriation item 235-583, Urban 17,268
University Programs, $380,000 in each fiscal year shall be used 17,269
356
to support a public communication outreach program (WCPN). The 17,271
primary purpose of the program shall be to develop a relationship 17,272
between Cleveland State University and nonprofit communications
entities. 17,273
Of the foregoing appropriation item 235-583, Urban 17,275
University Programs, $180,000 in each fiscal year shall be used 17,276
to support the Center for the Interdisciplinary Study of 17,277
Education and the Urban Child at Cleveland State University. 17,279
These funds shall be distributed according to rules adopted by 17,280
the Ohio Board of Regents and shall be used by the center for 17,281
interdisciplinary activities targeted toward increasing the 17,282
chance of lifetime success of the urban child, including 17,283
interventions beginning with the prenatal period. The primary 17,284
purpose of the center is to study issues in urban education and 17,285
to systematically map directions for new approaches and new 17,286
solutions by bringing together a cadre of researchers, scholars, 17,287
and professionals representing the social, behavioral, education, 17,288
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 17,291
University Programs, $260,000 in each fiscal year shall be used 17,292
to support the Kent State University Learning and Technology 17,293
Project. This project is a kindergarten through university 17,294
collaboration between schools surrounding Kent's eight campuses 17,295
in northeast Ohio, and corporate partners who will assist in 17,296
development and delivery. 17,297
The Kent State University Project shall provide a faculty 17,299
member who has a full-time role in the development of 17,300
collaborative activities and teacher instructional programming 17,301
between Kent and the K-12th grade schools that surround its eight 17,302
campuses; appropriate student support staff to facilitate these 17,303
programs and joint activities; and hardware and software to 17,304
schools that will make possible the delivery of instruction to 17,305
pre-service and in-service teachers, and their students, in their 17,306
own classrooms or school buildings. This shall involve the 17,307
357
delivery of low-bandwidth streaming video and web-based 17,308
technologies in a distributed instructional model. 17,309
Of the foregoing appropriation item 235-583, Urban 17,311
University Programs, $100,000 in each fiscal year shall be used 17,312
to support the Ameritech Classroom/Center for Research at Kent 17,313
State University. 17,314
Of the foregoing appropriation item 235-583, Urban 17,316
University Programs, $150,000 in each fiscal year shall be used 17,317
to support the Polymer Distance Learning Project at the 17,318
University of Akron.
Of the foregoing appropriation item 235-583, Urban 17,320
University Programs, $50,000 in fiscal year 2000 shall be used to 17,321
support general arts programming at the University of Akron. 17,322
Of the foregoing appropriation item 235-583, Urban 17,324
University Programs, $50,000 in each fiscal year shall be 17,325
distributed to the Kent State University/Cleveland Design Center 17,326
program.
Of the remainder of the appropriation, 50 per cent of the 17,328
total in each fiscal year shall be distributed by the Ohio Board 17,329
of Regents to Cleveland State University in support of the Urban 17,330
Center of the College of Urban Affairs. The balance of the 17,331
appropriation shall be distributed to the Northeast Ohio 17,333
Interinstitutional Research Program, the Urban Linkages Program, 17,334
and the Urban Research Technical Assistance Grant Program. 17,335
International Center for Water Resources Development 17,337
The foregoing appropriation item 235-595, International 17,339
Center for Water Resources Development, shall be used to support 17,340
the International Center for Water Resources Development at 17,341
Central State University. This center shall develop methods to 17,342
improve the management of water resources for Ohio and for 17,343
emerging nations.
Rural University Projects 17,345
Of the foregoing appropriation item 235-587, Rural 17,347
University Projects, Bowling Green State University shall receive 17,348
358
$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. 17,349
Miami University shall receive $323,365 in fiscal year 2000 and 17,350
$331,125 in fiscal year 2001. Ohio University shall receive 17,351
$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.
These funds shall be used to support the Institute for Local 17,353
Government Administration and Rural Development at Ohio
University, the Center for Public Management and Regional Affairs 17,354
at Miami University, and the public administration program at 17,355
Bowling Green State University. 17,356
Of the foregoing appropriation item 235-587, Rural 17,358
University Projects, $25,000 in each fiscal year shall be used to 17,359
support the Washington State Community College day care center. 17,360
Of the foregoing appropriation item 235-587, Rural 17,362
University Projects, $75,000 in fiscal year 2001 shall be used to 17,363
support the COAD/ILGARD/GOA Appalachian Leadership Initiative. 17,364
A small portion of the funds provided to Ohio University 17,367
shall be used to establish a satellite office of the Institute 17,368
for Local Government Administration and Rural Development at 17,369
Shawnee State University. A small portion of the funds provided 17,370
to Ohio University shall also be used for the Institute for Local 17,371
Government Administration and Rural Development State and Rural 17,372
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 17,373
Ohio Resource Center for Math, Science, and Reading 17,375
The foregoing appropriation item 235-588, Ohio Resource 17,377
Center for Math, Science, and Reading, shall be used to support a 17,378
resource center for mathematics, science, and reading to be 17,379
located at a state-assisted university for the purpose of 17,380
identifying best educational practices in primary and secondary 17,381
schools and establishing methods for communicating them to
colleges of education and school districts. 17,382
Prior to December 31, 1999, the Governor, the 17,384
Superintendent of Public Instruction, and the Chancellor of the 17,385
Ohio Board of Regents shall conduct a search for the best 17,386
359
location for the establishment of the Ohio Resource Center for 17,387
Mathematics, Science, and Reading. The location selected shall
be on the campus of one of the state universities named in 17,388
section 3345.011 of the Revised Code. The university selected 17,389
shall be chosen on a competitive basis from among those 17,390
universities that apply to the Board of Regents.
Hazardous Materials Program 17,392
The foregoing appropriation item 235-596, Hazardous 17,394
Materials Program, shall be disbursed to Cleveland State 17,395
University for the operation of a program to certify firefighters 17,396
for the handling of hazardous materials. Training shall be 17,397
available to all Ohio firefighters.
National Guard Tuition Grant Program 17,399
The Board of Regents shall disburse funds from 17,401
appropriation item 235-599, National Guard Tuition Grant Program, 17,402
at the direction of the Adjutant General. 17,403
Ohio Higher Educational Facility Commission Support 17,405
The foregoing appropriation item 235-602, HEFC 17,407
Administration, shall be used by the Board of Regents for 17,408
operating expenses related to the Board of Regents' support of 17,409
the activities of the Ohio Higher Educational Facility 17,410
Commission. Upon the request of the chancellor, the Director of 17,411
Budget and Management shall transfer up to $12,000 cash from Fund 17,412
461 to Fund 4E8 in each fiscal year of the biennium. 17,413
Reading Recovery Program* 17,415
Notwithstanding section 3319.23 of the Revised Code, all 17,417
state-assisted colleges and universities with teacher education 17,418
programs shall provide instruction in the Reading Recovery 17,419
Program. 17,420
Section 7.11. Repayment of Research Facility Investment 17,422
Fund Moneys
Notwithstanding any provision of law to the contrary, all 17,424
repayments of Research Facility Investment Fund loans shall be 17,425
made to the Bond Service Trust Fund. All Research Facility 17,427
360
Investment Fund loan repayments made prior to the effective date 17,428
of this section shall be transferred by the Director of Budget
and Management to the Bond Service Trust Fund within sixty days 17,430
of the effective date of this section. 17,431
Campuses are required to make timely repayments of Research 17,433
Facility Investment Fund loans, according to the schedule 17,434
established by the Board of Regents. In the case of late 17,435
payments, the Board of Regents is authorized to deduct from an 17,436
institution's periodic subsidy distribution an amount equal to
the amount of the overdue payment for that institution, transfer 17,437
such amount to the Bond Service Trust Fund, and credit the 17,438
appropriate institution for the repayment. 17,439
Veterans' Preference 17,441
The Board of Regents shall work with the Governor's Office 17,443
of Veterans' Affairs to develop specific veterans' preference 17,444
guidelines for higher education institutions. These guidelines 17,445
shall ensure that the institutions' hiring practices are in 17,446
accordance with the intent of Ohio's veterans' preference laws. 17,447
Section 7.12. Central State University 17,449
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, 17,451
and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio 17,452
Administrative Code, Central State University shall adhere to the 17,453
following fiscal standards:
(1) Maintenance of a balanced budget and filing of 17,455
quarterly reports on an annualized budget with the Board of 17,456
Regents, comparing the budget to actual spending and revenues 17,457
with projected expenditures and revenues for the remainder of the 17,458
year. Such reports shall include narrative explanations as
appropriate and be filed within 30 days of the end of the 17,459
quarter.
(2) Timely and accurate assessment of the current and 17,461
projected cash flow of university funds, by fund type; 17,462
(3) Timely reconciliation of all university cash and 17,464
general ledger accounts, by fund; 17,465
361
(4) Submission to the Auditor of State financial 17,467
statements consistent with audit requirements prescribed by the 17,468
Auditor of State within four months after the end of the fiscal 17,469
year.
The Director of Budget and Management shall provide 17,471
clarification to the university on these fiscal standards as 17,472
deemed necessary. The director may also take such actions as are 17,473
necessary to ensure that the university adheres to these 17,474
standards and other fiscal standards consistent with generally
accepted accounting principles and the requirements of external 17,475
entities providing funding to the university. Such actions may 17,476
include the appointment of a financial consultant to assist 17,477
Central State University in the continuous process of design and 17,478
implementation of responsible systems of financial management and 17,479
accounting.
(B) The director's fiscal oversight shall continue until 17,481
such time as the university meets the same criteria as those 17,482
created in 126:3-1-01(F) of the Ohio Administrative Code for the 17,484
termination of a fiscal watch. At that time Central State 17,485
University shall be relieved of the requirements of this section
and subject to the requirements of sections 3345.72, 3345.74, 17,486
3345.75, and 3345.76 of the Revised Code. 17,487
Section 7.13. Technical College District Refinancing of 17,489
Leases for Housing and Dining Facilities 17,490
Notwithstanding section 3357.112 of the Revised Code, a 17,492
technical college district established under Chapter 3357. of the 17,493
Revised Code that is the lessee of housing and dining facilities 17,494
under a lease entered into prior to September 17, 1996, may enter 17,495
into an amendment to that lease and may acquire, by purchase, 17,496
lease-purchase, lease with option to purchase, or otherwise, 17,497
those housing and dining facilities that are the subject of that 17,498
lease. To pay all or part of the costs of acquiring those 17,499
housing and dining facilities, and to refund obligations 17,500
previously issued for such purpose, a technical college district 17,501
362
may issue obligations in the manner provided by and subject to 17,502
the applicable provisions of section 3345.12 of the Revised Code 17,503
and Sections 99.03 and 99.06 of Am. Sub. H.B. 215 of the 122nd 17,504
General Assembly.
Section 7.14. Non-Profit Research Capital Support 17,506
Notwithstanding Section 30.06 of H.B. 850 of the 122nd 17,508
General Assembly, of the appropriation item CAP-063, Non-Profit 17,509
Research Capital Support, $6,300,000 shall be assigned to 17,510
Cleveland State University to be used to award a grant to a 17,511
capital project at the Cleveland Clinic Foundation to advance 17,512
biomedical research. 17,513
Section 8. OSB OHIO STATE SCHOOL FOR THE BLIND 17,515
General Revenue Fund 17,517
GRF 226-100 Personal Services $ 5,540,996 $ 5,631,645 17,522
GRF 226-200 Maintenance $ 676,533 $ 714,732 17,526
GRF 226-300 Equipment $ 69,534 $ 101,203 17,530
TOTAL GRF General Revenue Fund $ 6,287,063 $ 6,447,580 17,533
General Services Fund Group 17,535
4H8 226-602 Education Reform 17,538
Grants $ 29,900 $ 29,900 17,540
TOTAL GSF General Services 17,541
Fund Group $ 29,900 $ 29,900 17,544
State Special Revenue Fund Group 17,546
4M5 226-601 Work Study & 17,549
Technology
Investments $ 40,083 $ 40,924 17,551
TOTAL SSR State Special Revenue 17,552
Fund Group $ 40,083 $ 40,924 17,555
Federal Special Revenue Fund Group 17,557
3P5 226-643 Medicaid Professional 17,560
Services
Reimbursement $ 125,000 $ 125,000 17,562
310 226-626 Coordinating Unit $ 1,173,036 $ 1,195,850 17,566
TOTAL FED Federal Special 17,567
363
Revenue Fund Group $ 1,298,036 $ 1,320,850 17,570
TOTAL ALL BUDGET FUND GROUPS $ 7,655,082 $ 7,839,254 17,573
Maintenance 17,576
Of the foregoing appropriation item 226-200, Maintenance, 17,578
up to $21,962 in fiscal year 2001 shall be used to purchase 17,579
Braille and large-print textbooks in the areas of reading, 17,580
mathematics, and spelling for grades kindergarten through six. 17,581
Equipment 17,583
Of the foregoing appropriation item 226-300, Equipment, 17,585
$30,000 in fiscal year 2001 shall be used to purchase a van 17,586
equipped with a hydraulic lift for wheelchairs. 17,587
Section 9. OSD OHIO STATE SCHOOL FOR THE DEAF 17,589
General Revenue Fund 17,591
GRF 221-100 Personal Services $ 6,928,679 $ 7,132,058 17,596
GRF 221-200 Maintenance $ 944,938 $ 998,596 17,600
GRF 221-300 Equipment $ 180,715 $ 190,975 17,604
TOTAL GRF General Revenue Fund $ 8,054,332 $ 8,321,629 17,607
General Services Fund Group 17,609
4M1 221-602 Education Reform 17,612
Grants $ 64,867 $ 65,210 17,614
TOTAL GSF General Services 17,615
Fund Group $ 64,867 $ 65,210 17,618
State Special Revenue Fund Group 17,620
4M0 221-601 Educational Program 17,623
Expenses $ 16,890 $ 17,363 17,625
TOTAL SSR State Special Revenue 17,626
Fund Group $ 16,890 $ 17,363 17,629
Federal Special Revenue Fund Group 17,631
3R0 221-684 Medicaid Professional 17,634
Services
Reimbursement $ 80,000 $ 82,240 17,636
311 221-625 Coordinating Unit $ 848,780 $ 871,271 17,640
TOTAL FED Federal Special 17,641
Revenue Fund Group $ 928,780 $ 953,511 17,644
364
TOTAL ALL BUDGET FUND GROUPS $ 9,064,869 $ 9,357,713 17,647
Maintenance 17,650
Of the foregoing appropriation item 221-200, Maintenance, 17,652
$30,979 in fiscal year 2001 shall be used to renovate classrooms. 17,653
Equipment 17,655
Of the foregoing appropriation item 221-300, Equipment, 17,657
$5,923 in fiscal year 2001 shall be used to purchase security 17,658
equipment, including steel doors, computerized locks, and 17,659
television surveillance equipment.
Section 10. SFC SCHOOL FACILITIES COMMISSION 17,661
General Revenue Fund 17,663
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 17,668
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 17,671
State Special Revenue Fund Group 17,674
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 17,679
TOTAL SSR State Special Revenue 17,680
Fund Group $ 2,609,726 $ 2,738,277 17,683
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 17,686
Lease Rental Payments 17,689
The foregoing appropriation item 230-428, Lease Rental 17,691
Payments, shall be used by the School Facilities Commission to 17,692
pay bond service charges on obligations issued pursuant to 17,693
Chapter 3318. of the Revised Code.
Operating Expenses 17,695
The foregoing appropriation item 230-644, Operating 17,697
Expenses, shall be used by the Ohio School Facilities Commission 17,698
to carry out its responsibilities pursuant to this section and 17,699
Chapter 3318. of the Revised Code. 17,700
Within ten days after the effective date of this section, 17,702
or as soon as possible thereafter, the Executive Director of the 17,703
Ohio School Facilities Commission shall certify to the Director 17,704
of Budget and Management the amount of cash to be transferred 17,705
from the School Building Assistance Fund (Fund 032) or the Public 17,706
School Building Fund (Fund 021) to the Ohio School Facilities
365
Commission Fund (Fund 5E3). 17,707
By July 10, 2000, the Executive Director of the Ohio School 17,709
Facilities Commission shall certify to the Director of Budget and 17,710
Management the amount of cash to be transferred from the School 17,711
Building Assistance Fund (Fund 032) or the Public School Building 17,712
Fund (Fund 021) to the Ohio School Facilities Commission Fund 17,713
(Fund 5E3).
Prior Year Encumbrances 17,715
At the request of the Director of the Ohio School 17,717
Facilities Commission, the Director of Budget and Management may 17,718
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 17,719
School Building Program Assistance, and reestablish such 17,720
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 17,721
CAP-622 shall not be increased as a result of reestablishing such 17,722
encumbrances. An amount equal to the canceled encumbrances in 17,723
CAP-770 shall be appropriated to CAP-775. 17,724
Disability Access Projects 17,726
The unencumbered and unallotted balances as of June 30, 17,728
1999, in appropriation item 230-649, Disability Access Project, 17,729
are hereby reappropriated. The unencumbered and unallotted 17,731
balances of the appropriation at the end of fiscal year 2000 are 17,732
hereby reappropriated in fiscal year 2001 to fund capital 17,733
projects pursuant to this section. 17,734
(A) As used in this section: 17,736
(1) "Percentile" means the percentile in which a school 17,738
district is ranked according to the fiscal year 1998 ranking of 17,739
school districts with regard to income and property wealth under 17,740
division (B) of section 3318.011 of the Revised Code. 17,741
(2) "School district" means a city, local, or exempted 17,743
village school district, but excluding a school district that is 17,744
one of the state's 21 urban school districts as defined in 17,745
division (O) of section 3317.02 of the Revised Code, as that 17,746
section existed prior to July 1, 1998. 17,747
366
(3) "Valuation per pupil" means a district's total taxable 17,750
value as defined in section 3317.02 of the Revised Code divided 17,751
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 17,752
1, 1998.
(B) The School Facilities Commission shall adopt rules for 17,754
awarding grants to school districts with a valuation per pupil of 17,756
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 17,757
which is to improve access to such facilities by physically 17,758
handicapped persons. The rules shall include application 17,759
procedures. No school district shall be awarded a grant under 17,760
this section in excess of $100,000. In addition, any school 17,761
district shall be required to pay a percentage of the cost of the 17,762
project for which the grant is being awarded equal to the 17,763
percentile in which the district is ranked. 17,764
Section 10.01. Short-Term Loans 17,766
The School Facilities Commission may make loans to school 17,768
districts for a period of up to three years for emergency 17,769
replacement of school facilities as a result of faulty 17,770
construction and for which the school district is engaged in 17,771
legal action with the contractor. The interest rate of any loan 17,772
issued under this section shall be determined by the School 17,773
Facilities Commission and any interest gained under any 17,774
settlement regarding faulty construction shall be received by the 17,775
commission. No moneys provided in the form of short term loans 17,776
may be used to support the legal fees of the school district. 17,777
Section 10.02. Extreme Environmental Contamination of 17,779
School Facilities 17,780
Notwithstanding the provisions of Section 26 of Am. Sub. 17,782
H.B. 850 of the 122nd General Assembly regarding eligibility for 17,783
the Exceptional Needs Pilot Program, the School Facilities 17,785
Commission may provide assistance to any school district and not 17,786
exclusively a school district in the lowest 50 per cent of 17,787
367
adjusted valuation per pupil on the fiscal year 1999 ranking of 17,788
school districts established pursuant to section 3317.02 of the 17,789
Revised Code, for the purpose of the relocation or replacement of 17,790
school facilities required as a result of extreme environmental 17,791
contamination. In order to provide assistance as a result of 17,792
extreme environmental contamination, the necessity of relocation 17,793
or replacement of school facilities shall be certified by the 17,794
Environmental Protection Agency.
Section 11. NET OHIO SCHOOLNET COMMISSION 17,796
General Revenue Fund 17,798
GRF 228-404 Operating Expenses $ 5,703,175 $ 5,483,910 17,803
GRF 228-406 Technical & 17,805
Instructional
Professional
Development $ 12,408,453 $ 12,706,256 17,807
GRF 228-539 Education Technology $ 6,707,421 $ 6,733,475 17,811
GRF 228-559 RISE - Interactive 17,813
Parenting Program $ 1,200,000 $ 1,200,000 17,815
Total GRF General Revenue Fund $ 26,019,049 $ 26,123,641 17,818
General Services Fund Group 17,820
5D4 228-640 Conference/Special 17,823
Purpose Expenses $ 500,000 $ 500,000 17,825
TOTAL GSF General Services 17,826
Fund Group $ 500,000 $ 500,000 17,829
State Special Revenue Fund Group 17,832
4W9 228-630 Ohio SchoolNet 17,835
Telecommunity Fund $ 3,389,447 $ 52,813 17,837
4X1 228-634 Distance Learning $ 3,174,718 $ 3,263,413 17,841
4Y4 228-698 SchoolNet Plus $ 90,000,000 $ 0 17,845
TOTAL SSR State Special Revenue 17,846
Fund Group $ 96,564,165 $ 3,316,226 17,849
Federal Special Revenue Fund Group 17,852
3S3 228-655 Technology Literacy 17,855
Challenge $ 16,650,418 $ 16,650,418 17,857
368
TOTAL FED Federal Special Revenue 17,858
Fund Group $ 16,650,418 $ 16,650,418 17,861
TOTAL ALL BUDGET FUND GROUPS $ 139,733,632 $ 46,590,285 17,864
SchoolNet Plus Program 17,867
(A) The foregoing appropriation item 228-698, SchoolNet 17,869
Plus, shall be used as follows: 17,870
(1) Up to $20,000,000 to purchase network 17,872
telecommunications equipment for each public elementary school 17,873
building in Ohio to provide classroom and building access to 17,874
existing and potential statewide voice, video, and data
telecommunication services. As used in this section, "public 17,876
elementary school building" means an elementary school building 17,877
of any city, local, or exempted village school district or any 17,878
community school established under Chapter 3314. of the Revised 17,879
Code. The Ohio SchoolNet Commission, in consultation with the 17,881
Department of Education and the Ohio Education Computer Network,
shall define the standards and equipment configurations necessary 17,882
to maximize the efficient use of the existing and potential 17,883
statewide voice, video, and data telecommunication services. 17,884
(2) Up to $70,000,000 to establish and equip at least one 17,886
interactive computer workstation for each five children enrolled 17,887
in the fifth grade based on the number of children each 17,888
qualifying school district has enrolled in the fifth grade as 17,889
reported in October 1999 pursuant to division (A) of section
3317.03 of the Revised Code. 17,890
To the extent the Ohio SchoolNet Commission can reduce the 17,892
purchase cost of an interactive computer workstation through 17,893
efficient purchasing methods, the commission may utilize any cost 17,894
savings to begin a subsequent round of funding to provide 17,895
interactive computer workstations to qualifying school districts. 17,896
The commission may select qualifying school districts to receive 17,897
the proceeds of any savings based on district readiness to 17,898
utilize interactive computer workstations. The Commission may 17,899
determine readiness on either a district-wide or individual 17,900
369
classroom or grade-level basis or by such other criteria deemed 17,901
appropriate by the commission. 17,902
(3) To pay for the cost of an independent review of all 17,904
the agencies in Ohio that deliver education technology, as called 17,905
for in Recommendation One of the Report of the Ohio School 17,906
Technology Implementation Task Force.
(4) To pay for the cost of a statewide educational 17,908
technology strategic planning process as called for in 17,909
Recommendation Two of the Report of the Ohio Schools Technology 17,910
Implementation Task Force.
(B) Not later than November 30, 1999, the Executive 17,912
Director of the Ohio SchoolNet Commission shall allocate to 17,913
school districts the amount to be used pursuant to division 17,914
(A)(2) of this section. A school district's allocation shall 17,915
remain available until the district is ready to use it, and the
school district may use its allocation in phases. A school 17,916
district may use a portion of its allocation for training and 17,917
staff development related to the project if approved by the Ohio 17,918
SchoolNet Commission under division (C) of this section. 17,919
(C) The Ohio SchoolNet Commission shall adopt procedures 17,921
for the administration and implementation of the SchoolNet Plus 17,922
Program. The procedures shall include application procedures, 17,923
specification for education technology, and terms and conditions 17,924
for participation in the program. The commission shall not 17,925
approve any application for participation in the program unless 17,926
it has determined that the applicant can effectively and 17,927
efficiently integrate the requested education technology into 17,928
schools or the selected schools or classrooms for the phase of 17,929
the program.
(D) Educational technology made available to school 17,931
districts under division (B) of this section shall be used as an 17,932
integrated part of the curriculum in fifth grade classrooms. 17,933
However, if the commission determines that a school district 17,934
already has at least one interactive computer workstation for
370
each five children enrolled in the fifth grade, and the district 17,935
meets other minimum requirements that may be established by the 17,936
commission concerning staff training and other education 17,937
technology for such grades, the commission may permit the school 17,938
district to use educational technology made available to it 17,939
through the SchoolNet Plus Program for children in grades six
through twelve. 17,940
(E) As used in this section: 17,942
(1) "Qualifying school district" means all school 17,944
districts, including any community school established under 17,946
Chapter 3314. of the Revised Code. 17,947
(2) "Educational technology" includes, but is not limited 17,949
to, computer hardware, equipment, training, and services; 17,950
equipment used for two-way audio or video; software; and 17,951
textbooks.
(F) All appropriations that are unencumbered and 17,953
unallotted in appropriation item 228-698, SchoolNet Plus, as of 17,954
June 30, 2000, are hereby appropriated for the same purpose in 17,955
fiscal year 2001 upon the request of the Executive Director of 17,956
the Ohio SchoolNet Commission and the approval of the Director of
Budget and Management. 17,957
Section 11.01. Technical and Instructional Professional 17,959
Development
The foregoing appropriation item 228-406, Technical and 17,961
Instructional Professional Development, shall be used by the Ohio 17,963
SchoolNet Commission, to make grants to qualifying schools,
including the State School for the Blind and the Ohio School for 17,965
the Deaf for the provision of hardware, software, 17,966
telecommunications services, and staff development to support 17,967
educational uses of technology in the classroom. 17,968
The Ohio SchoolNet Commission shall consider the 17,970
professional development needs associated with the OhioReads 17,971
Program when making funding allocations and program decisions. 17,972
The Ohio Educational Telecommunications Network Commission, 17,974
371
with the advice of the Ohio SchoolNet Commission, shall make 17,975
grants totaling up to $1,400,000 in each year of the biennium for 17,977
research development and production of interactive instructional 17,978
programming series and teleconferences to support SchoolNet. Up 17,979
to $50,000 of this amount shall be used in each year of the 17,980
biennium to provide for the administration of these activities by 17,981
the Ohio Educational Telecommunications Network Commission. The 17,982
programming shall be targeted to the needs of the poorest 200 17,983
school districts as determined by the district's adjusted 17,984
valuation per pupil as defined in section 3317.0213 of the 17,985
Revised Code.
Of the foregoing appropriation item 228-406, Technical and 17,987
Instructional Professional Development, $3,300,000 in each fiscal 17,988
year shall be distributed by the Ohio SchoolNet Commission to 17,990
low-wealth districts or consortia including low-wealth school 17,991
districts, as determined by the district's adjusted valuation per 17,993
pupil as defined in section 3317.0213 of the Revised Code, or the 17,994
State School for the Blind or the Ohio School for the Deaf. 17,995
The remaining appropriation allocated under this section 17,997
shall be used by the Ohio SchoolNet Commission for professional 17,998
development for teachers and administrators for the use of 17,999
educational technology. The commission shall make grants to 18,000
provide technical assistance and professional development on the 18,001
use of educational technology to school districts. 18,002
Eligible recipients of grants include regional training 18,004
centers, county offices of education, data collection sites, 18,005
instructional technology centers, institutions of higher 18,006
education, public television stations, special education resource 18,008
centers, area media centers, or other nonprofit educational 18,009
organizations. Services provided through these grants may 18,010
include use of private entities subcontracting through the grant 18,011
recipient.
Grants shall be made to entities on a contractual basis 18,013
with the Ohio SchoolNet Commission. Contracts shall include 18,015
372
provisions that demonstrate how services will benefit technology 18,016
use in the schools, and in particular will support SchoolNet 18,017
efforts to support technology in the schools. Contracts shall 18,018
specify the scope of assistance being offered and the potential 18,019
number of professionals who will be served. Contracting entities 18,020
may be awarded more than one grant at a time. 18,021
Grants shall be awarded in a manner consistent with the 18,023
goals of SchoolNet. Special emphasis in the award of grants 18,024
shall be placed on collaborative efforts among service providers. 18,025
Application for grants from this appropriation shall be 18,027
consistent with a school district's technology plan that shall 18,028
meet the minimum specifications for school district technology 18,029
plans as prescribed by the Ohio SchoolNet Commission. Funds 18,030
allocated through these grants may be combined with funds 18,031
received through other state or federal grants for technology as 18,032
long as the school district's technology plan specifies the use 18,033
of these funds. The commission may combine the application for 18,034
these grants with the SchoolNet application process authorized in 18,036
Am. Sub. H.B. 790 of the 120th General Assembly.
Education Technology 18,038
The foregoing appropriation item 228-539, Education 18,040
Technology, shall be used to provide funding to suppliers of 18,041
information services to school districts for the provision of 18,042
hardware, software, and staff development in support of 18,043
educational uses of technology in the classroom as prescribed by 18,044
the State Plan for Technology pursuant to section 3301.07 of the 18,045
Revised Code, and to support assistive technology for children 18,046
and youth with disabilities. 18,047
Up to $5,776,929 in each fiscal year shall be used by the 18,049
Ohio SchoolNet Commission to contract with instructional 18,050
television and $930,492 in fiscal year 2000 and $956,546 in 18,052
fiscal year 2001 shall be used by the commission to contract with 18,053
education media centers to provide Ohio schools with 18,054
instructional resources and services. 18,055
373
Resources may include, but not be limited to, the 18,057
following: pre-recorded video materials (including videotape, 18,058
laser discs, and CD-ROM discs); computer software for student use 18,060
and/or student access to electronic communication, databases, 18,061
spreadsheet, and word processing capability; live student courses 18,062
or courses delivered electronically; automated media systems; and 18,063
instructional and professional development materials for 18,064
teachers. The commission shall cooperate with such agencies in 18,065
the acquisition, development, and delivery of such educational 18,066
resources to ensure high-quality and educational soundness at the 18,067
lowest possible cost. Delivery of such resources may utilize a 18,068
variety of technologies, with preference given to a high-speed 18,069
integrated information network that can transport video, voice, 18,070
data, and graphics simultaneously.
Services shall include presentations and technical 18,072
assistance that will help students and teachers integrate 18,073
educational materials that support curriculum objectives, match 18,074
specific learning styles, and are appropriate for individual 18,075
interests and ability levels. 18,076
Such instructional resources and services shall be made 18,078
available for purchase by chartered nonpublic schools or by 18,079
public school districts for the benefit of pupils attending 18,080
chartered nonpublic schools.
Section 11.02. Interactive Parenting Program 18,082
The foregoing appropriation item 228-559, Interactive 18,084
Parenting Program, shall be used by the Ohio SchoolNet Commission 18,085
to fund a grant to RISE, Inc. as partial support to train 18,087
preschool staff members and parents.
It is the intent of the General Assembly that the 18,089
commission, in conjunction with RISE, Inc., shall develop a 18,090
program which may be conducted in conjunction with state 18,091
supported technology programs including, but not limited to, 18,092
SchoolNet appropriation item 228-406, and Education Technology 18,093
appropriation item 228-539, designed to educate preschool staff 18,094
374
members and providers on developmentally appropriate teaching 18,095
methods and to involve parents more closely in the education and 18,096
development of their children. The project shall include an 18,097
interactive instructional program, which shall be distributed to 18,098
program participants at up to twenty-six locations throughout the 18,099
state. The interactive instructional program shall be developed 18,100
to enhance the professional development, training, and 18,101
performance of preschool staff members; the education and 18,102
care-giving skills of the parents of preschool children; and the 18,103
preparation of preschool aged children for learning. 18,104
The project shall utilize the grant and matching nonpublic 18,106
funds to continue a direct-service program that shall include at 18,107
least three teleconferences to be distributed by Ohio-based 18,108
public television utilizing satellite or microwave technology in 18,109
a manner designed to promote interactive communications between 18,110
the program participants located at sub-sites within the Ohio 18,111
Educational Broadcast Network or as determined by the commission. 18,112
Program participants shall communicate with trainers and 18,113
participants at other program sites through telecommunications 18,114
and facsimile and on-line computer technology. To the maximum 18,115
extent possible, the project shall utilize systems currently 18,116
available in state supported technology programs and conduct the 18,117
program in a manner that promotes innovative, interactive 18,118
communications between the program participants at all the sites. 18,120
Parent support groups and teacher training sessions shall
supplement the teleconferences, and shall occur on a local basis. 18,121
RISE, Inc., may subcontract components of the project. 18,123
Individuals eligible to participate in the program shall 18,125
include those children, their parents, custodians, or guardians, 18,126
and preschool staff members who are eligible to participate in a 18,127
preschool program as defined in division (A) of section 3301.52 18,128
and section 5104.02 of the Revised Code. 18,129
(A) In addition to the foregoing, up to $400,000 each 18,131
fiscal year may be used by RISE, Inc., to enter into a 18,132
375
competitively bid contract with a not-for-profit entity or 18,133
entities to conduct a series of training programs for adult 18,134
volunteers who work with adolescent youths in after school 18,135
mentoring programs, including youth-serving organizations such as 18,136
Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and 18,137
public school mentor programs. The series of programs shall be 18,138
designed to:
(1) Improve the quality and effectiveness of adult 18,140
volunteers so that they would sustain their involvement with 18,141
youths over time. Specifically, they would improve their ability 18,142
to motivate, supervise, and communicate with young people. 18,143
(2) Improve the quality and effectiveness of adult 18,145
volunteers so that the children they mentor, coach, teach, or 18,146
befriend would sustain their involvement with youth-serving 18,147
organizations over time. 18,148
(3) Encourage collaboration between all Ohio youth-serving 18,151
organizations, including: 4-H, Boy Scouts, Girls Scouts, Big 18,152
Brothers, Big Sisters, and others.
(4) Provide cost-efficient, sustainable distance learning 18,155
to both rural and urban sites.
(B) In order to be eligible for the contract with RISE, 18,157
Inc., the program participants shall be able to demonstrate that 18,158
leading national experts in adolescent development intervention 18,159
programs will be utilized and that such program will make use of 18,160
a variety of media to engage participants and assist them in 18,161
learning the goals of the program. The program shall be designed 18,162
to focus on the adult volunteers who assist in youth development. 18,164
Training content shall focus on:
(1) Development issues for youth; 18,166
(2) Best practices to motivate, guide, and communicate 18,169
with these youths;
(3) Strategies for successful adult-to-adult interpersonal 18,172
relationships that are necessary for on-going learning and 18,173
support.
376
The program may include: two broadcast seminars of three 18,175
hours in length from a central up-link station, distributed in up 18,176
to 88 counties; corporate settings and extension offices with 18,177
on-site facilitated discussion and exercises; high 18,178
production-value video sought in various locations; and direct 18,179
interactive adult learning activities. The program shall develop 18,180
program workbooks. The program shall also involve at least three 18,181
small group facilitated follow-up discussion workshops and 18,182
development and distribution of at least two home videos. The 18,183
program shall also provide Internet access, interactive lines, 18,184
bulletin board, and CD-ROM. 18,185
Private sector supporters or RISE, Inc., subcontractors 18,187
shall match 50 per cent of the contract amount awarded under this 18,188
program. Upon completion of the program, a study and report 18,189
shall be made by The Ohio State University with measurable 18,190
outcome variables.
Upon completion of each of the school years for which the 18,192
grant was made, RISE, Inc., shall issue a report to the 18,193
commission and the members of the General Assembly explaining the 18,194
goals and objectives determined, the activities implemented, the 18,195
progress made toward the achievement of the goals and objectives, 18,196
and the outcome of the project. 18,197
Distance Learning 18,199
Appropriation item 228-634, Distance Learning, shall be 18,201
distributed by the Ohio SchoolNet Commission on a grant basis to 18,202
eligible school districts to establish "distance learning" in the 18,203
school district. Per the agreement with Ameritech, school 18,204
districts are eligible for funds if they are within an Ameritech 18,205
service area. Funds to administer the program shall be expended 18,206
by the commission up to the amount specified in the agreement 18,207
with Ameritech. 18,208
Within 30 days of the effective date of this section, the 18,210
Director of Budget and Management shall transfer from fund 4XI in 18,212
the State Special Revenue Fund Group any investment earnings from 18,213
377
moneys paid to the office or to the SchoolNet Commission by any 18,214
telephone company as part of a settlement agreement between the 18,215
company and the Public Utilities Commission in fiscal year 1995. 18,216
Section 12. SCR STATE BOARD OF PROPRIETARY SCHOOL 18,218
REGISTRATION 18,219
General Revenue Fund 18,221
GRF 233-100 Personal Services $ 377,366 $ 386,822 18,226
GRF 233-200 Maintenance $ 104,158 $ 107,075 18,230
GRF 233-300 Equipment $ 5,000 $ 5,000 18,234
TOTAL GRF General Revenue Fund $ 486,524 $ 498,897 18,237
TOTAL ALL BUDGET FUND GROUPS $ 486,524 $ 498,897 18,240
Section 13. TTA OHIO TUITION TRUST AUTHORITY 18,243
State Special Revenue Fund Group 18,245
645 095-601 Operating Expenses $ 3,856,585 $ 4,126,546 18,250
TOTAL SSR State Special Revenue 18,251
Fund Group $ 3,856,585 $ 4,126,546 18,254
TOTAL ALL BUDGET FUND GROUPS $ 3,856,585 $ 4,126,546 18,257
Operating Expenses 18,260
The foregoing appropriation item 095-601, Operating 18,262
Expenses, shall be used to pay the operating expenses of the Ohio 18,263
Tuition Trust Authority. 18,264
Of the foregoing appropriation item 095-601, Operating 18,266
Expenses, up to $30,000 over the biennium shall be used by the 18,267
Auditor of State to complete a performance audit of the Tuition 18,268
Trust Authority.
Section 14. Property Tax Allocation - Education 18,270
The appropriation item 200-901, Property Tax Allocation - 18,271
Education, made to the Department of Education, is appropriated 18,272
to pay for the state's costs incurred due to the homestead 18,273
exemption and the property tax rollback. In cooperation with the 18,274
Department of Taxation, the Department of Education shall
distribute these funds directly to the appropriate school 18,275
districts of the state, notwithstanding the provisions in 18,276
sections 321.24 and 323.156 of the Revised Code, which provide 18,277
378
for payment of the homestead exemption and property tax rollback 18,278
by the Tax Commissioner to the appropriate county treasurer and 18,279
the subsequent redistribution of these funds to the appropriate
local taxing districts by the county auditor. 18,280
The appropriation item 200-906, Tangible Tax Exemption - 18,282
Education, made to the Department of Education, is appropriated 18,283
to pay for the state's costs incurred due to the tangible 18,284
personal property tax exemption required by division (C)(3) of 18,285
section 5709.01 of the Revised Code. In cooperation with the 18,286
Department of Taxation, the Department of Education shall
distribute to each county treasurer the total amount certified by 18,287
the county treasurer pursuant to section 319.311 of the Revised 18,288
Code, for all school districts located in the county, 18,289
notwithstanding the provision in section 319.311 of the Revised 18,290
Code which provides for payment of the $10,000 tangible personal 18,291
property tax exemption by the Tax Commissioner to the appropriate 18,292
county treasurer for all local taxing districts located in the 18,293
county. Pursuant to division (G) of section 321.24 of the 18,294
Revised Code, the county auditor shall distribute the amount paid
by the Department of Education among the appropriate school 18,296
districts.
Upon receipt of these amounts, each school district shall 18,298
distribute the amount among the proper funds as if it had been 18,299
paid as real or tangible personal property taxes. Payments for 18,300
the costs of administration shall continue to be paid to the 18,301
county treasurer and county auditor as provided for in sections 18,302
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 18,304
appropriated in appropriation items 200-901, Property Tax 18,306
Allocation - Education, for the homestead exemption and the 18,307
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property 18,308
tax exemption payments, which are determined to be necessary for 18,309
these purposes, are hereby appropriated. 18,310
379
Section 15. Personal Service Expenses 18,312
Unless otherwise prohibited by law, each appropriation in 18,314
this act from which personal service expenses are paid shall bear 18,315
the employer's share of public employees' retirement, workers' 18,316
compensation, disabled workers' relief, and all group insurance 18,317
programs; the costs of centralized accounting, centralized 18,318
payroll processing, and related personnel reports and services; 18,319
the cost of the Office of Collective Bargaining; the cost of the 18,320
Personnel Board of Review; the cost of the Employee Assistance 18,321
Program; the cost of the Equal Opportunity Center; the costs of 18,322
interagency management infrastructure and the cost of 18,324
administering the state employee merit system as required by
section 124.07 of the Revised Code. Such costs shall be 18,325
determined in conformity with appropriate sections of law and 18,326
paid in accordance with procedures specified by the Office of 18,327
Budget and Management. 18,328
Section 16. Satisfaction of Judgments and Settlements 18,330
Against the State 18,331
An appropriation contained in this act may be used for the 18,333
purpose of satisfying judgments or settlements in connection with 18,334
civil actions against the state in federal court not barred by 18,335
sovereign immunity or the Eleventh Amendment to the Constitution 18,336
of the United States, or for the purpose of satisfying judgments, 18,337
settlements, or administrative awards ordered or approved by the 18,338
Court of Claims in connection with civil actions against the
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the 18,339
Revised Code. This authorization shall not apply to 18,340
appropriations to be applied to or used for payment of guarantees 18,341
by or on behalf of the state, for or relating to lease payments 18,342
or debt service on bonds, notes, or similar obligations and those 18,343
from the School Building Program Assistance Fund (Fund 032), and
any other fund into which proceeds of obligations are deposited. 18,345
Nothing contained in this section is intended to subject the
state to suit in any forum in which it is not otherwise subject 18,346
380
to suit, nor is it intended to waive or compromise any defense or 18,347
right available to the state in any suit against it. 18,348
Section 17. (A) As used in this section: 18,350
(1) "FY 1999 state aid" means the total amount of state 18,352
money received by a joint vocational school district under the 18,353
version of sections 3317.16 and 3317.162 of the Revised Code in 18,354
effect for that fiscal year, minus the amounts paid for driver 18,355
education and adult education.
(2) "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 18,358
state aid" mean the total amount of state money received by a 18,359
joint vocational school district in the applicable fiscal year 18,360
under divisions (B) to (D) of the version of section 3317.16 of 18,362
the Revised Code in effect for the applicable fiscal year. 18,363
(3) "FY 2000 actual aid" and "FY 2001 actual aid" mean the 18,366
amount of state aid described in division (A)(2) of this section 18,367
that was actually paid to a joint vocational school district in 18,368
the applicable fiscal year after the application of division (B) 18,369
or (C) of this section. 18,370
(4) "Formula ADM" has the same meaning as in section 18,372
3317.02 of the Revised Code. 18,373
(5) "FY 1999 ADM" means the average daily membership 18,375
certified by the joint vocational school district for fiscal year 18,377
1999 under division (D) of the version of section 3317.03 of the 18,378
Revised Code in effect for that year. 18,379
(B) In fiscal year 2000, notwithstanding any provision of 18,381
law to the contrary, no joint vocational school district shall 18,382
receive FY 2000 state aid that is more than the greater of the 18,383
following:
(1) 110% of its FY 1999 state aid; 18,385
(2) [1.08 X (FY 1999 state aid/FY 1999 ADM)< X fiscal year 18,389
2000 formula ADM. 18,390
If a joint vocational school district's projected FY 2000 18,392
state aid is more than the greater of division (B)(1) or (2) of 18,393
this section, the district shall receive only the greater of 18,394
381
division (B)(1) or (2) of this section in fiscal year 2000. 18,395
(C) In fiscal year 2001, notwithstanding any provision of 18,397
law to the contrary, no joint vocational school district shall 18,398
receive FY 2001 state aid that is more than the greater of the 18,399
following:
(1) 110% of its FY 2000 actual aid; 18,401
(2) [1.08 X (FY 2000 actual aid/fiscal year 2000 formula 18,403
ADM)< X fiscal year 2001 formula ADM. 18,405
If a joint vocational school district's projected FY 2001 18,407
state aid is more than the greater of division (C)(1) or (2) of 18,408
this section, the district shall receive only the greater of 18,409
division (C)(1) or (2) of this section in fiscal year 2001. 18,410
(D) In fiscal year 2002, notwithstanding any provision of 18,412
law to the contrary, no joint vocational school district shall 18,413
receive FY 2002 state aid that is more than the greater of the 18,414
following:
(1) 110% of its FY 2001 state aid; 18,416
(2) [1.08 X (FY 2001 actual aid/fiscal year 2001 formula 18,418
ADM)< X fiscal year 2002 formula ADM. 18,420
If a joint vocational school district's projected FY 2002 18,422
state aid is more than the greater of division (D)(1) or (2) of 18,423
this section, the district shall receive only the greater of 18,424
division (D)(1) or (2) of this section in fiscal year 2002. 18,425
Section 18. Lease Payments to OPFC, OBA, and Treasurer 18,427
Certain appropriations are in this act for the purpose of 18,429
lease payments to the Ohio Public Facilities Commission, to the 18,431
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 18,434
by the Ohio Public Facilities Commission, the Ohio Building 18,435
Authority, or the Treasurer of State pursuant to the Ohio 18,438
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 18,439
purpose, such amounts are hereby appropriated. 18,440
Section 19. That Section 45.32 of Am. Sub. H.B. 117 of the 18,442
382
121st General Assembly, as amended by Am. Sub. H.B. 215 and Am. 18,443
Sub. H.B. 770 of the 122nd General Assembly, be amended to read 18,445
as follows:
"Sec. 45.32. (A) As used in this section: 18,447
(1) A "client district" of an educational service center 18,449
means a city or exempted village school district that has entered 18,450
into an agreement with that service center pursuant to section 18,451
3313.843 of the Revised Code. 18,452
"CLIENT DISTRICT" ALSO INCLUDES ANY CITY OR EXEMPTED 18,454
VILLAGE SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH 18,456
THE EDUCATIONAL SERVICE CENTER UNDER SECTION 3313.843 OF THE 18,457
REVISED CODE AND REIMBURSES THE EDUCATIONAL SERVICE CENTER UNDER
SECTION 3317.11 OF THE REVISED CODE EVEN THOUGH SUCH AGREEMENT 18,458
WAS EXECUTED AFTER JANUARY 1, 1997, AND THE EDUCATIONAL SERVICE 18,459
CENTER DOES NOT RECEIVE ANY STATE FUNDING UNDER DIVISION (B)(1) 18,460
OR (C) OF SECTION 3317.11 OF THE REVISED CODE. 18,461
(2) "ADM" means the combined ADM of the local school 18,463
districts having territory in a service center and the ADM of 18,465
each client district of such center. 18,466
(B) By June 1, 1997, in the case of any educational 18,468
service centers that are serving only one local district pursuant 18,470
to section 3311.051 of the Revised Code; except as otherwise
provided in division (C) of this section, by June 1, 1999, in the 18,472
case of any service centers with ADMs of less than 8,000 that 18,473
serve fewer than six local or client school districts; and by
June 1, 2000, in the case of any educational service centers with 18,475
ADMs of less than 8,000 that serve six or more local or client 18,476
school districts, the superintendents of such service centers 18,477
shall notify the Superintendent of Public Instruction of the name 18,479
of one or more adjacent educational service centers with which 18,480
such service centers will merge to form joint service centers.
If the Superintendent does not receive such notification from a 18,481
center serving only one local district or serving an ADM of less 18,482
than 8,000 by the required date, the Superintendent shall 18,483
383
determine one or more suitable adjacent centers for such merger 18,484
and shall notify the superintendents and governing boards of all 18,485
centers involved of the determination. The centers named in the 18,486
notification required by this section or determined by the 18,487
Superintendent of Public Instruction pursuant to this section 18,488
shall form a joint center pursuant to section 3311.053 of the 18,489
Revised Code, which shall be effective on the first day of July 18,490
immediately following notification by the service center, or by 18,491
the Superintendent of Public Instruction, whichever applies. 18,492
(C) Any educational service center created on or before 18,495
July 1, 1997, under a merger of two educational service centers 18,496
pursuant to Section 45.32 of Am. Sub. H.B. 117 of the 121st 18,497
General Assembly, which service centers each contained only one 18,498
local school district at the time of the merger shall comply with 18,500
division (B) of this section by June 1, 2000." 18,501
Section 20. That existing Section 45.32 of Am. Sub. H.B. 18,503
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 18,504
215 and Am. Sub. H.B. 770 of the 122nd General Assembly, is 18,505
hereby repealed. 18,506
Section 21. That Section 50.52.2 of Am. Sub. H.B. 215 of 18,508
the 122nd General Assembly be amended to read as follows: 18,509
"Sec. 50.52.2. (A) As used in this section: 18,511
(1) "Lucas County area" includes the entire territory of 18,514
any school district having the majority of its territory in Lucas 18,515
County.
(2) "Start-up school" means a community school other than 18,517
one created by converting all or part of an existing public 18,518
school, as designated in the school's contract pursuant to 18,519
division (P) of Subsection 5 of this section. 18,520
(B) The General Assembly finds that the establishment of 18,522
independent community schools throughout the state has potential 18,523
desirable effects, including providing parents a choice of 18,524
academic environments for their children and providing the 18,525
education community with the opportunity to establish limited 18,526
384
experimental educational programs in a deregulated setting. 18,527
However, the potential effects of a statewide system of community 18,529
schools could also generate some adverse results. Therefore, the 18,530
General Assembly finds it advisable to establish a pilot project 18,531
in the Lucas County area which will permit the operation of 18,532
community schools in a limited area of the state in order to 18,533
provide for the evaluation and measurement of the effects of 18,534
these schools.
No more than twenty start-up school contracts may be in 18,537
effect at any time under this section. The Superintendent of the 18,539
Lucas County Educational Service Center shall be responsible for 18,540
ensuring that the twenty start-up schools represent diverse
educational missions, are intended to serve a number of different 18,542
grade levels, and will appeal to students with a variety of 18,543
interests or characteristics in order to provide for a range of 18,544
educational experiments within the pilot project schools. Upon 18,545
entering into a preliminary agreement pursuant to Subsection 4 of 18,546
this section, the potential sponsor of a community school shall 18,547
file a copy of the preliminary agreement with the Superintendent 18,548
of the Lucas County Educational Service Center. Within 18,549
twenty-four hours of receipt of the preliminary agreement for a 18,550
start-up school, the Superintendent shall determine whether the 18,551
proposed school will add to the diversity of the pilot project 18,552
schools through offering a unique educational mission, serving 18,553
grade levels of students or students with certain characteristics 18,554
or interests not yet being served by other community schools, or 18,555
offering innovative instructional methods. If the school will 18,556
not add to the diversity of the pilot project schools and would 18,557
be overserving students of a certain type or grade level, the 18,558
Superintendent may reject the school's preliminary agreement and 18,559
shall immediately notify the sponsor and the proposing group or 18,560
individual. Upon entering into a community school contract, the 18,562
sponsor shall file a copy of the approved contract with that 18,563
Superintendent. Within twenty-four hours of the filing of the 18,564
385
contract, the Superintendent shall notify the sponsor whether 18,565
twenty start-up school contracts were already in effect at the 18,566
time of the filing. If twenty such contracts were in effect, the 18,567
contract filed by the sponsor shall be voided. 18,568
Within twenty-four hours of a request of any person, the 18,570
Superintendent shall indicate the number of preliminary 18,571
agreements for start-up schools currently outstanding and the 18,572
number of contracts currently in effect. 18,573
(C) No start-up or converted community school shall begin 18,575
operation under this section after June 30, 2000. 18,576
(D) Not later than September 28, 1997, the Director of the 18,578
Legislative Office of Education Oversight, in consultation with 18,579
the Superintendent of the Lucas County Educational Service 18,580
Center, a classroom teacher appointed by the board of the Ohio 18,581
Education Association, a classroom teacher appointed by the board 18,582
of the Ohio Federation of Teachers, and a classroom teacher who 18,583
is a member of neither of these organizations selected by that 18,584
Superintendent, shall develop a study design for the evaluation 18,585
of the pilot project COMMUNITY schools and the overall effects of 18,587
the community school pilot project SCHOOLS. The study design 18,588
shall include the criteria that the Office will use to determine 18,589
the positive and negative effects of the project SCHOOLS overall, 18,590
and the success or failure of individual community schools. The 18,592
design shall include a description of the data that must be 18,593
collected by the Superintendent and by each community school and 18,594
sponsor and a timeline for the collection of the data. The 18,595
director shall adapt the study design prepared under this 18,596
subsection for use in evaluating community schools established 18,597
under Chapter 3314. of the Revised Code, as well as the Lucas 18,598
County pilot project community schools. The office shall notify 18,599
each community school of the data that must be collected and the 18,600
timeline for collection of the data. Data shall be collected at 18,601
regular intervals, but no evaluation of the results of data 18,602
collected shall be made by the Office prior to June 2001. A 18,603
386
preliminary report, together with any recommendations to improve 18,604
community schools, shall be issued to the Speaker of the House of 18,605
Representatives and the President of the Senate by June 30, 2001. 18,606
A final report, with recommendations as to the future of 18,607
community schools in Ohio, shall be made to the Speaker and 18,608
President by June 1, 2003."
Section 22. That existing Section 50.52.2 of Am. Sub. H.B. 18,610
215 of the 122nd General Assembly is hereby repealed. 18,611
Section 23. That Section 18 of Am. Sub. H.B. 650 of the 18,613
122nd General Assembly, as most recently amended by Am. Sub. H.B. 18,614
850 of the 122nd General Assembly, be amended to read as follows: 18,615
"Sec. 18. (A) As used in this section: 18,617
(1) "FY 1998 state aid" means the total amount of state 18,619
money received by a school district for fiscal year 1998 as 18,621
reported on the Department of Education's form "SF-12," adjusted 18,622
as follows: 18,623
(a) Minus any amounts for approved preschool handicapped 18,626
units;
(b) Minus any additional amount attributable to the 18,629
reappraisal guarantee of division (C) of section 3317.04 of the 18,630
Revised Code;
(c) Plus the amount deducted for payments to an 18,632
educational service center; 18,633
(d) Plus an estimated portion of the state money 18,635
distributed in fiscal year 1998 to other school districts or 18,636
educational service centers for approved units, other than 18,637
preschool handicapped or gifted education units, attributable to 18,638
the costs of providing services in those units to students 18,639
entitled to attend school in the district; 18,640
(e) Minus an estimated portion of the state money 18,642
distributed to the school district in fiscal year 1998 for 18,643
approved units, other than preschool handicapped units or gifted 18,644
education units, attributable to the costs of providing services 18,645
in those units to students entitled to attend school in another 18,646
387
school district; 18,647
(f) Plus any additional amount paid pursuant to the 18,650
vocational education recomputation required by former Section 18,651
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 18,653
(g) Plus any additional amount paid pursuant to the 18,656
special education recomputation required by former division (I) 18,657
of section 3317.023 of the Revised Code; 18,658
(h) Plus any amount paid for equity aid under section 18,661
3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to 18,663
section 3317.027 of the Revised Code; 18,664
(j) Plus any amount received for that year pursuant to a 18,666
recomputation made under division (B) of section 3317.022 of the 18,667
Revised Code.
(2) "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS 18,670
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 18,675
state aid" mean the total amount of state money a school district 18,676
is eligible to receive for the applicable fiscal year under 18,677
divisions (A), (B), (C)(1) AND (5), and (D), AND (E) of section 18,679
3317.022 and sections 3317.025, 3317.027, 3317.029, 3317.0212, 18,681
and 3317.0213 of the Revised Code, plus any amount for which the 18,682
district is eligible pursuant to division (C) of section 18,684
3317.023, divisions (G) and (P) of section 3317.024, and THE 18,686
SUPPLEMENTAL UNIT ALLOWANCE PAID FOR GIFTED UNITS UNDER division 18,687
(B) of section 3317.162 of the Revised Code, and prior to any 18,688
deductions or credits required by division (B), (D), (E), (F), 18,689
(G), (H), (I), (J), or (K) of section 3317.023 or division (J) of 18,691
section 3317.029 of the Revised Code. 18,692
(3)(4) "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE 18,695
AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE 18,696
APPLICATION OF DIVISION (B) OF THIS SECTION, PLUS AN APPROPRIATE 18,697
PROPORTION, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OF THE 18,698
388
AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FROM
THE VOCATIONAL EDUCATION SET-ASIDE, AS DEFINED IN SECTION 18,699
3317.0212 OF THE REVISED CODE AND ATRTIBUTABLE TO THE DISTRICT'S 18,700
STUDENTS.
(5) "FY 2000 actual aid," AND "FY 2001 actual aid," and 18,705
"FY 2002 actual aid" means MEAN the amount of the state aid 18,706
described in division (A)(2)(3) of this section that was actually 18,708
paid to a school district in the applicable fiscal year after the 18,710
application of divisions (B)(C) to (E) of this section.
(4)(6) "FY 1998 ADM," "formula ADM," and "three-year 18,713
average formula ADM" have the meanings prescribed in section 18,714
3317.02 of the Revised Code. 18,715
(5)(7) "All-day kindergarten" has the meaning prescribed 18,717
in section 3317.029 of the Revised Code. 18,718
(8) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 18,720
VILLAGE SCHOOL DISTRICT. 18,721
(B) In fiscal year 1999, notwithstanding any provision of 18,724
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 18,726
(1) 110 per cent of FY 1998 state aid; 18,728
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 18,731
of fiscal year 1999 formula ADM or three-year average formula 18,732
ADM.
If a district's projected FY 1999 state aid is more than 18,734
the greater of division (B)(1) or (2) of this section, such 18,736
district shall receive only the greater of division (B)(1) or (2) 18,738
of this section in fiscal year 1999. 18,739
(C) In fiscal year 2000, notwithstanding any provision of 18,742
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 18,743
(1) 110 per cent of ADJUSTED FY 1999 actual aid; 18,745
(2) [1.06 1.08 X (ADJUSTED FY 1999 actual aid/fiscal year 18,748
1999 formula ADM)< X the greater of fiscal year 2000 formula ADM 18,751
or three-year average formula ADM.
389
If a district's projected FY 2000 state aid is more than 18,753
the greater of division (C)(1) or (2) of this section, such 18,754
district shall receive only the greater of division (C)(1) or (2) 18,756
of this section in fiscal year 2000. 18,757
(D) In fiscal year 2001, notwithstanding any provision of 18,760
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 18,761
(1) 110 per cent of FY 2000 actual aid; 18,764
(2) [1.06 1.08 X (FY 2000 actual aid/fiscal year 2000 18,767
formula ADM)< X the greater of fiscal year 2001 formula ADM or 18,769
three-year average formula ADM.
If a district's projected FY 2001 state aid is more than 18,771
the greater of division (D)(1) or (2) of this section, such 18,773
district shall receive only the greater of division (D)(1) or (2) 18,776
of this section in fiscal year 2001.
(E) In fiscal year 2002, notwithstanding any provision of 18,779
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 18,780
(1) 110 per cent of FY 2001 actual aid; 18,783
(2) [1.06 1.08 X (FY 2001 actual aid/fiscal year 2001 18,786
formula ADM)< X the greater of fiscal year 2002 formula ADM or 18,788
three-year average formula ADM.
If a district's projected FY 2002 state aid is more than 18,790
the greater of division (E)(1) or (2) of this section, such 18,792
district shall receive only the greater of division (E)(1) or (2) 18,794
of this section in fiscal year 2002. 18,795
(F) This division and division (G) of this section apply 18,797
only to districts subject to division (F) of section 3317.029 of 18,798
the Revised Code. As used in this division and division (G) of 18,800
this section:
(1) "Capped district" means a district that pursuant to 18,802
division (B), (C), (D), or (E) of this section will not receive 18,804
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 18,805
aid.
390
(2) "DPIA funds" means: 18,807
(a) In FY 1998, the amount calculated for the district 18,809
pursuant to division (B) of section 3317.023 of the Revised Code 18,810
as it existed in that fiscal year; 18,811
(b) In any fiscal year after FY 1998, the total amount 18,813
calculated for the district for that fiscal year pursuant to 18,814
section 3317.029 of the Revised Code. 18,815
(3) "Exempt DPIA portion" means: 18,817
(a) In the case of any district other than a capped 18,819
district, an amount equal to zero; 18,820
(b) In the case of a capped district, the amount resulting 18,822
from the application of the following formula: 18,823
(The district's DPIA funds for the year of 18,825
the calculation minus the district's DPIA funds for 18,826
FY 1998) minus (the district's actual aid for the year 18,827
of the calculation minus the district's FY 1998 state aid) 18,828
However, if this formula produces a negative number, the 18,830
district's exempt DPIA portion is zero. 18,831
(4) "Required all-day kindergarten" for a district means 18,833
the provision of all-day kindergarten to the number of students 18,834
in the district's kindergarten percentage specified pursuant to 18,835
division (H)(1) of section 3317.029 of the Revised Code. 18,836
(G) Notwithstanding any provision of law to the contrary: 18,838
(1) In the case of any district, the district's DPIA funds 18,840
are hereby deemed to first consist of any disadvantaged pupil 18,841
impact aid calculated for the district for all-day kindergarten 18,842
under division (D) of section 3317.029 of the Revised Code, and 18,843
to next consist of any disadvantaged pupil impact aid calculated 18,844
for the district under divisions (C) and (E) of section 3317.029 18,845
of the Revised Code. Each district shall expend whatever funds 18,846
necessary to ensure provision of its required all-day
kindergarten. 18,847
(2) In FY 1999, a district shall expend for the purposes 18,849
of section 3317.029 of the Revised Code an amount equal to at 18,850
391
least twenty-five per cent of the resultant derived from 18,851
subtracting the district's exempt DPIA portion from the amount 18,852
calculated for the district under divisions (C) and (E) of 18,853
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 18,855
of section 3317.029 of the Revised Code an amount equal to at 18,856
least fifty per cent of the resultant derived from subtracting 18,857
the district's exempt DPIA portion from the amount calculated for 18,858
the district under divisions (C) and (E) of section 3317.029 of 18,859
the Revised Code.
(4) In FY 2001, a district shall expend for the purposes 18,861
of section 3317.029 of the Revised Code an amount equal to at 18,862
least seventy-five per cent of the resultant derived from 18,863
subtracting the district's exempt DPIA portion from the amount 18,864
calculated for the district under divisions (C) and (E) of 18,865
section 3317.029 of the Revised Code.
(5) In FY 2002 and thereafter, a district shall expend one 18,867
hundred per cent of its DPIA funds for the purposes of section 18,868
3317.029 of the Revised Code. 18,869
(6) Districts shall comply with the requirements of 18,871
division (G) of section 3317.029 of the Revised Code." 18,872
Section 24. That existing Section 18 of Am. Sub. H.B. 650 18,874
of the 122nd General Assembly, as most recently amended by Am. 18,875
Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed. 18,876
Section 25. That Sections 6, 30.07, 30.10, 30.43, and 31 18,878
of Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 18,881
read as follows:
"Sec. 6. The items set forth in this section are hereby 18,883
appropriated out of any moneys in the state treasury to the 18,884
credit of the Public School Building Fund (Fund 021), which are 18,885
not otherwise appropriated. Appropriations 18,886
APPROPRIATIONS 18,887
SFC SCHOOL FACILITIES COMMISSION 18,888
CAP-622 Public School Buildings $ 145,000,000 18,891
392
CAP-777 Disability Access Projects $ 5,000,000 18,893
Total School Facilities Commission $ 150,000,000 18,895
Total Public School Building Fund $ 150,000,000 18,897
DISABILITY ACCESS PROJECTS 18,901
THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS 18,904
PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS 18,905
SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH
DISABILITIES. 18,906
(A) AS USED IN THIS SECTION: 18,908
(1) "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL 18,910
DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF 18,911
SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER 18,912
DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE. 18,913
(2) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 18,915
VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS 18,916
ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN 18,917
DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT 18,918
SECTION EXISTED PRIOR TO JULY 1, 1998.
(3) "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE 18,920
VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED 18,921
BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION 18,922
3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY 18,923
1, 1998.
(B) THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR 18,926
AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL 18,927
LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,
OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF 18,928
WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY 18,929
HANDICAPPED PERSONS. THE RULES SHALL INCLUDE APPLICATION 18,930
PROCEDURES. NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER 18,931
THIS SECTION IN EXCESS OF $100,000. IN ADDITION, ANY SCHOOL 18,932
DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE 18,933
PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE 18,934
PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.
393
Sec. 30.07. Reimbursements for Project Costs 18,936
Appropriations made in Sections 30.02 to 30.06 30.45 of 18,938
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 18,942
purposes of costs of capital facilities for the interim financing 18,943
of which the particular institution has previously issued its own 18,944
obligations anticipating the possibility of future state 18,945
appropriations to pay all or a portion of such costs, as 18,946
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 18,947
agent for those outstanding obligations in the full principal 18,948
amount of those obligations then to be paid from the anticipated 18,949
appropriation, and shall be timely applied to the retirement of a 18,950
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 30.45 of 18,952
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 18,956
purposes of costs of capital facilities, all or a portion of 18,957
which costs the particular institution has paid from the 18,958
institution's moneys that were temporarily available and which 18,959
payments were reasonably expected to be reimbursed from the 18,960
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments, 18,962
and shall be timely applied to the reimbursement of those 18,963
temporarily available moneys.
Sec. 30.10. CSU CENTRAL STATE UNIVERSITY 18,965
CAP-022 Basic Renovations $ 804,400 18,968
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 18,970
CAP-084 College of Education Facility - 18,971
Planning $ 1,000,000 18,972
Total Central State University $ 4,253,800 18,974
College of Education Facility - Planning 18,977
The foregoing appropriation item CAP-084, College of 18,979
Education Facility - Planning, shall not be released by the 18,981
Controlling Board or the Director of Budget and Management until 18,982
Central State University has satisfactorily completed a 18,983
394
Campus-wide Master Plan, and has made progress satisfactory to
the Board of Regents and the Office of Budget and Management in 18,985
completing the correction of its outstanding adjudication orders 18,986
as issued by the Department of Commerce. Such progress shall 18,987
include the development of a plan to comply with all remaining 18,988
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 18,989
State University's debt service obligation until fiscal year 18,990
2002.
Sec. 30.43. MAT MUSKINGUM AREA TECHNICAL COLLEGE 18,992
CAP-007 Basic Renovations $ 203,491 18,995
CAP-014 REGIONAL TECHNOLOGY TRAINING CENTER $ 1,961,290 18,999
Total Muskingum Area Technical College $ 203,491 19,001
2,164,781 19,002
Sec. 31. Debt Service Formula Allocation 19,005
Based on the foregoing appropriations in Sections 30 and 19,007
30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL 19,009
ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the 19,010
following higher education institutions shall be responsible for 19,011
the specified amounts as part of the debt service component of 19,013
the instructional subsidy beginning in fiscal year 2000:
Institution Amount 19,015
University of Akron $10,800,000 19,016
University of Akron - Wayne $ 675,000 19,017
Bowling Green State University $14,013,310 19,018
Bowling Green State University - Firelands $ 2,056,440 19,019
Central State University $ 2,449,400 19,020
University of Cincinnati $39,386,650 19,021
University of Cincinnati - Walters $ 3,445,212 19,022
Cleveland State University $16,719,670 19,023
Kent State University $17,644,310 19,024
Kent State University - Ashtabula $ 575,000 19,025
Kent State University - East Liverpool $ 570,980 19,026
Kent State University - Geauga $ 60,000 19,027
395
Kent State University - Salem $ 288,310 19,028
Kent State University - Stark $ 1,743,360 19,029
Kent State University - Trumbull $ 175,000 19,030
Kent State University - Tuscarawas $ 75,000 19,031
Miami University $18,400,000 19,032
17,400,000 19,033
Miami University - Hamilton $ 969,540 19,034
Miami University - Middletown $ 1,568,330 19,035
Ohio State University $80,760,310 19,036
77,760,310 19,037
Ohio State University - Lima $2,152,620 19,038
1,118,330 19,039
Ohio State University - Mansfield $ 850,000 19,040
Ohio State University - Marion $ 408,000 19,041
Ohio State University - ATI $ 1,560,000 19,042
Ohio University $26,700,280 19,043
21,700,280 19,044
Ohio University - Eastern $ 398,040 19,045
Ohio University - Chillicothe $ 953,030 19,046
Ohio University - Lancaster $ 1,116,760 19,047
Ohio University - Zanesville $ 1,136,920 19,048
Shawnee State University $ 1,751,500 19,049
University of Toledo $19,800,000 19,050
Wright State University $11,300,000 19,051
Youngstown State University $ 9,200,000 19,052
Medical College of Ohio $ 5,442,150 19,053
Northeastern Ohio Universities College of Medicine $3,425,580 19,055
3,443,313 19,056
Cincinnati State Technical and Community College $ 1,036,000 19,057
Columbus State Community College $ 1,500,000 19,058
Cuyahoga Community College $ 6,800,000 19,059
Edison State Community College $ 50,000 19,060
Jefferson Community College $ 817,165 19,061
Lakeland Community College $ 3,165,340 19,062
396
Lorain Community College $ 100,000 19,063
Owens Community College $ 3,747,260 19,064
Rio Grande Community College $ 636,000 19,065
Hocking Technical College $ 2,924,325 19,066
Lima Technical College $ 900,000 19,067
Marion Technical College $ 52,700 19,068
MUSKINGUM AREA TECHNICAL COLLEGE $ 196,129 19,070
North Central Technical College $ 750,000 19,071
Stark Technical College $ 1,253,252 19,072
Institutions not listed above shall not have a debt service 19,075
obligation as a result of these appropriations. 19,076
Within sixty days after the effective date of this section 19,078
NOT LATER THAN MAY 17, 1999, any institution of higher education 19,080
may notify the Board of Regents of its intention not to proceed 19,081
with any project appropriated in this act AM. SUB. H.B. OF THE 19,082
122nd GENERAL ASSEMBLY. Upon receiving such notification, the 19,084
Board of Regents may release the institution from its debt
service obligation for the specific project." 19,085
Section 26. That existing Sections 6, 30.07, 30.10, 30.43, 19,087
and 31 of Am. Sub. H.B. 850 of the 122nd General Assembly are 19,090
hereby repealed.
Section 27.* That Section 26 of Am. Sub. H.B. 850 of the 19,092
122nd General Assembly be amended to read as follows: 19,094
"Sec. 26. (A) All items set forth in this section are 19,096
hereby appropriated out of any moneys in the state treasury to 19,097
the credit of the School Building Program Assistance Fund (Fund 19,098
032) created under section 3318.25 of the Revised Code, derived 19,099
from the proceeds of obligations heretofore and herein authorized 19,100
to pay the cost to the state of acquiring classroom facilities 19,101
for sale to school districts pursuant to sections 3318.01 to 19,102
3318.20 of the Revised Code. 19,103
Appropriations 19,105
SFC SCHOOL FACILITIES COMMISSION 19,106
CAP-737 School Building Program Assistance $ 355,000,000 19,109
397
Total School Facilities Commission $ 355,000,000 19,111
Total School Building Program Assistance Fund $ 355,000,000 19,113
School Building Program Assistance 19,116
The foregoing appropriation item CAP-737, School Building 19,118
Program Assistance, shall be used by the School Facilities 19,119
Commission to provide funding to school districts that receive 19,120
conditional approval from the Commission pursuant to Chapter 19,121
3318. of the Revised Code.
Commitments by the School Facilities Commission 19,123
The School Facilities Commission shall not commit at least 19,125
$300 million of the combined amounts of the foregoing 19,126
appropriations items CAP-622, Public School Buildings (Fund 021), 19,127
and CAP-737, Public School Building Assistance (Fund 032), until 19,128
after June 30, 1999.
(B)(1) As used in this division: 19,130
(a) "Low wealth school district" means a school district 19,132
in the lowest fifty per cent of adjusted valuation per pupil on 19,133
the fiscal year 1999 ranking of school districts, established 19,134
pursuant to section 3317.02 3317.0213 of the Revised Code. 19,135
(b) A "school district with an exceptional need for 19,137
immediate CLASSROOM facility assistance" means a school district 19,139
with an exceptional need for new facilities in order to protect 19,140
the health and safety of all or a portion of its students. 19,141
School districts reasonably expected to be served by the
Classroom Facilities Assistance Program prior to June 30, 2002, 19,143
in THE order provided under divisions (C)(1) and (2) of section 19,145
3318.06 3318.02 of the Revised Code, are excluded from 19,147
participating in this exceptional needs pilot program. 19,148
(2) Of the $300,000,000 the School Facilities Commission 19,150
shall not commit until after June 30, 1999, the School Facilities 19,151
Commission may set aside up to ten per cent for the pilot program 19,153
for low wealth school districts with exceptional needs for 19,154
immediate classroom facility assistance.
(3)(a) After consulting with education and construction 19,156
398
experts, the School Facilities Commission shall adopt guidelines 19,157
for identifying school districts with an exceptional need for 19,158
immediate classroom facility assistance. 19,159
(b) The guidelines shall include application forms and 19,161
instructions for school districts that believe they have an 19,162
exceptional need for immediate classroom facility assistance. 19,163
(4) The School Facilities Commission shall evaluate the 19,165
classroom facilities, and the need for replacement classroom 19,166
facilities from the applications received under this section. 19,167
The School Facilities Commission, utilizing the guidelines 19,168
adopted pursuant to division (B)(3) of this section, shall
prioritize the school districts to be assessed. 19,169
In accordance with division (C)(3) of NOTWITHSTANDING 19,171
section 3318.02 of the Revised Code, the School Facilities 19,173
Commission may conduct on-site evaluation of the school districts 19,174
prioritized under this section and approve and award funds until
such time as all funds set aside pursuant to division (B)(2) of 19,176
this section have been encumbered pursuant to section 3318.04 of 19,177
the Revised Code.
(5) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 19,180
REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL
BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT 19,181
PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT 19,182
COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE 19,183
REVISED CODE."
Section 28.* That existing Section 26 of Am. Sub. H.B. 850 19,185
of the 122nd General Assembly is hereby repealed. 19,186
Section 29. (A) That Sections 50.52.1, 50.52.3, 50.52.6, 19,188
50.52.8, 50.52.11, and 50.52.13 of Am. Sub. H.B. 215 of the 122nd 19,189
General Assembly are hereby repealed. 19,190
(B) That Sections 50.52.4, 50.52.7, and 50.52.9 of Am. 19,192
Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. 19,193
Sub. H.B. 770 of the 122nd General Assembly, are hereby repealed. 19,194
(C) That Sections 50.52.5 and 50.52.10 of Am. Sub. H.B. 19,196
399
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 19,197
650 and Am. Sub. H.B. 770 of the 122nd General Assembly, are 19,198
hereby repealed. 19,199
Section 30. (A) As used in this section, "pilot project 19,201
area" means the school districts included in the territory of the 19,202
former community school pilot project established by former 19,203
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly. 19,204
(B) Any teacher or nonteaching employee of a school 19,206
district in the pilot project area who, on the effective date of 19,207
this section, is taking a leave of absence from the district 19,208
pursuant to a policy adopted under former Section 50.52.13 of 19,209
that act to work at a community school established under the 19,210
pilot project and located in another school district may continue 19,211
the leave under the terms of that policy and former section. 19,212
Upon termination of the leave, the district shall return the 19,213
teacher or nonteaching employee to a position, salary, and level 19,214
of seniority as required by that former section. 19,215
(C) During the first year of operation of a community 19,217
school in the pilot project area, the Department of Education 19,218
shall pay each school district in the pilot project area, for 19,219
each student enrolled in the community school who is otherwise 19,221
entitled to attend school in the district under section 3313.64 19,222
or 3313.65 of the Revised Code, 50 per cent of the district's per 19,223
pupil state funds. For this purpose, "per pupil state funds" 19,224
means the sum of the amounts computed for the district under 19,225
divisions (A), (C)(1), (E), and (F) of section 3313.022 of the 19,226
Revised Code plus any payments received under section 3317.0212 19,227
of the Revised Code, divided by the district's formula ADM 19,228
certified under section 3317.03 of the Revised Code. The 19,229
payments made under this division are in addition to all other
payments made under Chapter 3317. of the Revised Code to any 19,230
school district in the pilot project area. This division applies 19,231
only in fiscal years 2000 and 2001. 19,232
Section 31. Every school district shall identify by 19,234
400
November 15, 2000, any gifted student enrolled as of January 1, 19,235
2000, in grades kindergarten through eleven in the district. 19,236
Section 32. (A) The Ohio School Facilities Commission may 19,238
commit up to thirty-five million dollars to the Canton City 19,239
School District for construction of a facility described in this 19,241
section, in lieu of a high school that would otherwise be 19,242
authorized under Chapter 3318. of the Revised Code. The
commission shall not commit funds under this section unless all 19,243
of the following conditions are met: 19,244
(1) The district has entered into a cooperative agreement 19,246
with a state-assisted technical college; 19,247
(2) The district has received an irrevocable commitment of 19,249
additional funding from nonpublic sources; 19,250
(3) The facility is intended to serve both secondary and 19,252
postsecondary instructional purposes. 19,253
(B) The commission shall enter into an agreement with the 19,255
district for the construction of the facility authorized under 19,256
this section that is separate from and in addition to the 19,257
agreement required for the district's participation in the 19,258
Classroom Facilities Assistance Program under section 3318.08 of 19,259
the Revised Code. Notwithstanding that section and sections 19,260
3318.03, 3318.04, and 3318.083 of the Revised Code, the 19,262
additional agreement shall provide but not be limited to the 19,263
following:
(1) The commission shall not have any oversight 19,265
responsibilities over the construction of the facility; 19,266
(2) The facility need not comply with the specifications 19,268
for plans and materials for high schools adopted by the 19,269
commission;
(3) The commission may decrease the basic project cost 19,271
that would otherwise be calculated for a high school under 19,273
Chapter 3318. of the Revised Code;
(4) The state shall not share in any increases in the 19,275
basic project cost for the facility above the amount authorized 19,276
401
under this section.
All other provisions of Chapter 3318. of the Revised Code 19,278
apply to the approval and construction of a facility authorized 19,280
under this section.
The state funds committed to the facility authorized by 19,282
this section shall be part of the total amount the state commits 19,283
to the Canton City School District under Chapter 3318. of the 19,284
Revised Code. All additional state funds committed to the Canton 19,285
City School District for classroom facilities assistance shall be 19,286
subject to all provisions of Chapter 3318. of the Revised Code. 19,287
Section 33.* Not later than four years after the effective 19,289
date of this section, the Board of Regents shall determine the 19,290
cost of upgrading facilities at public universities in this state 19,291
that likely would be used if the City of Cincinnati were awarded 19,292
the summer olympic games. Upon completion of the cost 19,293
determination, the board shall submit a written report of its 19,294
findings to the Governor, the President of the Senate, the 19,295
Speaker of the House of Representatives, and to each member of 19,296
the legislative authority of the City of Cincinnati. 19,297
Section 34. The Governor shall fill the first vacancy 19,299
occurring on the State Lottery Commission on or after the 19,300
effective date of section 3770.01 of the Revised Code, as amended 19,301
by this act, with a person who represents an organization that 19,302
deals with problem gambling and assists recovering gambling 19,303
addicts.
Section 35.* On the effective date of this section, the 19,305
Ohio SchoolNet Office is abolished and all of its functions, and 19,306
assets and liabilities, are transferred to the Ohio SchoolNet 19,307
Commission. The Ohio SchoolNet Commission is thereupon and 19,308
thereafter successor to, assumes the obligations of, and 19,309
otherwise constitutes the continuation of the Ohio SchoolNet 19,310
Office.
Any business commenced but not completed by the Ohio 19,312
SchoolNet Office or its director on the effective date of this 19,313
402
section shall be completed by the Ohio SchoolNet Commission or 19,314
its executive director in the same manner, and with the same 19,315
effect, as if completed by the Ohio SchoolNet Office or its 19,316
director. No validation, cure, right, privilege, remedy, 19,317
obligation, or liability is lost or impaired by reason of the 19,318
transfer required by this section and shall be administered by 19,319
the Ohio SchoolNet Commission. All of the Ohio SchoolNet 19,320
Office's rules, orders, and determinations continue in effect as 19,321
rules, orders, and determinations of the Ohio SchoolNet 19,322
Commission, until modified or rescinded by the Ohio SchoolNet 19,323
Commission. If necessary to ensure the integrity of the 19,324
numbering of the Administrative Code the Director of the 19,325
Legislative Service Commission shall renumber the Ohio SchoolNet 19,326
Office's rules to reflect their transfer to the Ohio SchoolNet 19,327
Commission.
Subject to the lay-off provisions of sections 124.321 to 19,329
124.328 of the Revised Code, all of the employees of the Ohio 19,330
SchoolNet Office are transferred to the Ohio SchoolNet Commission 19,331
and retain their positions and all of the benefits accruing 19,332
thereto.
Whenever the Ohio SchoolNet Office or its director is 19,334
referred to in any law, contract, or other document, the 19,335
reference shall be deemed to refer to the Ohio SchoolNet 19,336
Commission or its executive director, whichever is appropriate. 19,337
No action or proceeding pending on the effective date of 19,339
this section is affected by the transfer, and shall be prosecuted 19,340
or defended in the name of the Ohio SchoolNet Commission or its 19,341
executive director. In all such actions and proceedings, the 19,342
Ohio SchoolNet Commission or its executive director upon 19,343
application to the court shall be substituted as a party. 19,344
Section 36. Except as otherwise specifically provided in 19,346
this act, the codified sections of law amended or enacted in this 19,347
act, and the items of law of which the codified sections of law 19,348
amended or enacted in this act are composed, are subject to the 19,349
403
referendum. Therefore, under Ohio Constitution, Article II, 19,350
Section 1c and section 1.471 of the Revised Code, the codified 19,351
sections of law amended or enacted by this act, and the items of 19,352
law of which the codified sections of law as amended or enacted 19,353
by this act are composed, take effect on the ninety-first day 19,354
after this act is filed with the Secretary of State. If, 19,355
however, a referendum petition is filed against any such codified 19,356
section of law as amended or enacted by this act, or against any 19,357
item of law of which any such codified section of law as amended 19,358
or enacted by this act is composed, the codified section of law 19,359
as amended or enacted, or item of law, unless rejected at the 19,360
referendum, takes effect at the earliest time permitted by law. 19,361
Section 37. Except as otherwise specifically provided in 19,363
this act, the repeal by this act of a codified section of law is 19,364
subject to the referendum. Therefore, under Ohio Constitution, 19,365
Article II, Section 1c and section 1.471 of the Revised Code, the 19,366
repeal by this act of a codified section of law takes effect on 19,367
the ninety-first day after this act is filed with the Secretary 19,368
of State. If, however, a referendum petition is filed against 19,369
any such repeal, the repeal, unless rejected at the referendum, 19,370
takes effect at the earliest time permitted by law. 19,371
Section 38. Sections 3302.01, 3302.02, 3314.03, 3314.05, 19,373
3314.06, 3314.071, 3314.08, 3314.09, 3314.11, 3314.12, 3314.13, 19,375
3314.15, 3316.05, 3316.06, 3317.014, 3317.02, 3317.022, 3317.023, 19,377
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, 19,380
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 19,381
which such sections as amended or enacted by this act are 19,382
composed, are not subject to the referendum. Therefore, under 19,383
Ohio Constitution, Article II, Section 1d and section 1.471 of 19,384
the Revised Code, such sections as amended or enacted by this 19,385
act, and the items of law of which such sections as amended or 19,386
enacted by this act are composed, go into immediate effect when 19,387
404
this act becomes law. 19,388
Section 39. The repeal by this act of sections 3317.053 19,390
and 3317.16 of the Revised Code is not subject to the referendum. 19,391
Therefore, under Ohio Constitution, Article II, Section 1d and 19,392
section 1.471 of the Revised Code, the repeals go into immediate 19,393
effect when this act becomes law. 19,394
Section 40. (A) The amendments by this act to division 19,396
(F) of section 5919.34 of the Revised Code constitute an item of 19,397
law that is subject to the referendum. Therefore, under Ohio 19,398
Constitution, Article II, Section 1c and section 1.471 of the 19,399
Revised Code, this item of law takes effect on the ninety-first 19,400
day after this act is filed with the Secretary of State. If, 19,401
however, a referendum petition is filed against the item of law, 19,402
the item of law, unless rejected at the referendum, takes effect 19,403
at the earliest time permitted by law. 19,404
(B) The amendments by this act to section 5919.34 of the 19,406
Revised Code, except for the amendments to division (F) of the 19,407
section, constitute an item of law that is not subject to the 19,408
referendum. Therefore, under Ohio Constitution, Article II, 19,409
Section 1d and section 1.471 of the Revised Code, this item of 19,410
law goes into immediate effect when this act becomes law. 19,411
Section 41. Except as otherwise specifically provided in 19,413
this act, the uncodified sections of law amended or enacted in 19,414
this act, and the items of law of which the uncodified sections 19,415
of law amended or enacted in this act are composed, are not 19,416
subject to the referendum. Therefore, under Ohio Constitution, 19,417
Article II, Section 1d and section 1.471 of the Revised Code, the 19,418
uncodified sections of law amended or enacted in this act, and 19,419
the items of law of which the uncodified sections of law amended 19,420
or enacted in this act are composed, go into immediate effect 19,421
when this act becomes law. 19,422
Section 42. Uncodified sections of law amended or enacted 19,424
in this act, and items of law contained within the uncodified 19,425
sections of law amended or enacted in this act, that are marked 19,426
405
with an asterisk are subject to the referendum. Therefore, under 19,427
Ohio Constitution, Article II, Section 1c and section 1.471 of 19,428
the Revised Code, the uncodified sections and items of law marked 19,429
with an asterisk take effect on the ninety-first day after this 19,430
act is filed with the Secretary of State. If, however, a 19,431
referendum petition is filed against an uncodified section or 19,432
item of law marked with an asterisk, the uncodified section or 19,433
item of law marked with an asterisk, unless rejected at the 19,434
referendum, takes effect at the earliest time permitted by law. 19,435
If the amending and existing repeal clauses commanding an 19,437
amendment of an uncodified section of law are both marked with 19,438
asterisks, the uncodified section as amended is deemed also to 19,440
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law 19,442
has the form *. 19,443
This section defines the meaning and form of, but is not 19,445
itself to be considered marked with, an asterisk. 19,446
Section 43. If the amendment or enactment in this act of a 19,448
codified or uncodified section of law is subject to the 19,449
referendum, the corresponding indications in the amending, 19,450
enacting, or existing repeal clauses commanding the amendment or 19,451
enactment also are subject to the referendum, along with the 19,452
amendment or enactment. If the amendment or enactment by this 19,453
act of a codified or uncodified section of law is not subject to 19,454
the referendum, the corresponding indications in the amending, 19,455
enacting, or existing repeal clauses commanding the amendment or 19,456
enactment also are not subject to the referendum, the same as the 19,457
amendment or enactment. 19,458
Section 44. An item, other than an amending, enacting, or 19,460
repealing clause, that composes the whole or part of an 19,461
uncodified section contained in this act has no effect after June 19,462
30, 2001, unless its context clearly indicates otherwise. 19,463
Section 45. Section 3316.06 of the Revised Code is 19,465
presented in this act as a composite of the section as amended by 19,466
406
both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General 19,467
Assembly, with the new language of neither of the acts shown in 19,469
capital letters. This is in recognition of the principle stated 19,470
in division (B) of section 1.52 of the Revised Code that such 19,471
amendments are to be harmonized where not substantively 19,472
irreconcilable and constitutes a legislative finding that such is 19,473
the resulting version in effect prior to the effective date of 19,474
this act.
Section 46. If any item of law that constitutes the whole 19,476
or part of a codified or uncodified section of law contained in 19,477
this act, or if any application of any item of law that 19,478
constitutes the whole or part of a codified or uncodified section 19,479
of law contained in this act, is held invalid, the invalidity 19,480
does not affect other items of law or applications of item of law 19,481
that can be given effect without the invalid item of law or
application. To this end, the items of law of which the codified 19,482
and uncodified sections contained in this act are composed, and 19,483
their applications, are independent and severable. 19,484