Interim Report of the Senate Finance and Financial          1            

                     Institutions Committee*                       2            

123rd General Assembly                                             5            

   Regular Session                           Sub. H. B. No. 282    6            

      1999-2000                                                    7            


     REPRESENTATIVES THOMAS-JONES-CORE-METZGER-PERZ-AMSTUTZ-       9            

    CORBIN-GOODMAN-HOOPS-KREBS-O'BRIEN-VESPER-WOMER BENJAMIN-      10           

    BARRETT-BOYD-R.MILLER-OPFER-ROBERTS-COUGHLIN-HARRIS-EVANS      11           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 9.90, 125.05, 125.13, 1111.01,      14           

                3301.011, 3301.0711, 3301.0714, 3301.80,           15           

                3301.801, 3302.01, 3302.02, 3302.03, 3302.07,                   

                3311.19, 3311.213, 3311.24, 3313.603, 3313.608,    16           

                3313.61, 3313.611, 3313.612, 3313.613, 3313.981,   17           

                3314.02, 3314.03, 3314.05, 3314.06, 3314.08,                    

                3314.09, 3314.11, 3314.12, 3314.13, 3315.17,       18           

                3316.05, 3316.06, 3317.01, 3317.02, 3317.022,                   

                3317.023, 3317.024, 3317.029, 3317.0212,           19           

                3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05,  20           

                3317.051, 3317.11, 3317.162, 3317.51, 3318.01,                  

                3318.011, 3318.05, 3318.06, 3318.08, 3318.081,     21           

                3318.082, 3318.13, 3318.14, 3318.15, 3318.16,      22           

                3318.17, 3318.18, 3318.21, 3318.25, 3318.26,                    

                3318.29, 3318.31, 3318.35, 3319.081, 3319.22,      23           

                3319.235, 3332.05, 3332.07, 3332.084, 3332.085,    24           

                3333.04, 3333.12, 3333.27, 3345.22, 3365.01 to                  

                3365.03, 3365.041, 3365.05, 3365.07, 3365.09,      25           

                3770.06, 4117.101, 5126.12, 5126.16, 5705.29,      26           

                5705.412, 5747.01, 5910.032, and 5919.34; to       27           

                enact new sections 3313.974, 3313.975, 3313.976,   28           

                3313.977, 3313.978, 3313.979, and 3317.16 and      29           

                sections 3301.0726, 3301.311, 3314.011, 3314.021,               

                3314.071, 3314.15, 3317.014, 3318.021, 3318.032,   30           

                3318.083, 3318.33, 3318.36, 3324.01 to 3324.06,    31           

                                                          2      


                                                                 
                3333.29 and 3333.50; and to repeal sections                     

                3313.21, 3313.974, 3313.975, 3313.976, 3313.977,   32           

                3313.978, 3313.979, 3317.0214, 3317.053, 3317.16,  33           

                3318.23, 3318.24, and 3318.27 of the Revised Code  35           

                and to amend Section 45.32 of Am. Sub. H.B. 117                 

                of the 121st General Assembly, as subsequently     36           

                amended; to amend Section 50.52.2 of Am. Sub.      37           

                H.B. 215 of the 122nd General Assembly; to amend   38           

                Section 18 of Am. Sub. H.B. 650 of the 122nd                    

                General Assembly, as subsequently amended; to      39           

                amend Sections 6, 26, 30.07, 30.10, 30.43, and 31  40           

                of Am. Sub. H.B. 850 of the 122nd General          41           

                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.    42           

                Sub. H.B. 215 of the 122nd General Assembly; and                

                to repeal Sections 50.52.4, 50.52.5, 50.52.7,      43           

                50.52.9, and 50.52.10 of Am. Sub. H.B. 215 of the  44           

                122nd General Assembly, as subsequently amended,                

                to make appropriations for education programs for  45           

                the biennium beginning July 1, 1999, and ending    46           

                June 30, 2001, and to provide authorization and                 

                conditions for the operation of those programs.    47           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        49           

      Section 1.  That sections 9.90, 125.05, 125.13, 1111.01,     51           

3301.011, 3301.0711, 3301.0714, 3301.80, 3301.801, 3302.01,        52           

3302.02, 3302.03, 3302.07, 3311.19, 3311.213, 3311.24, 3313.603,   53           

3313.608, 3313.61, 3313.611, 3313.612, 3313.613, 3313.981,         54           

3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.09, 3314.11,                  

3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 3317.01, 3317.02,     56           

3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213,      57           

3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 3317.11,          58           

3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 3318.08,   59           

                                                          3      


                                                                 
3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 3318.17,   60           

3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.31, 3318.35,     61           

3319.081, 3319.22, 3319.235, 3332.05, 3332.07, 3332.084,           62           

3332.085, 3333.04, 3333.12, 3333.27, 3345.22, 3365.01, 3365.02,    63           

3365.03, 3365.041, 3365.05, 3365.07, 3365.09, 3770.06, 4117.101,   64           

5126.12, 5126,16, 5705.29, 5705.412, 5747.01, 5910.032, and        65           

5919.34 be amended and new sections 3313.974, 3313.975, 3313.976,  66           

3313.977, 3313.978, 3313.979, and 3317.16 and sections 3301.0726,  67           

3301.311, 3314.011, 3314.021, 3314.071, 3314.15, 3317.014,                      

3318.021, 3318.032, 3318.083, 3318.33, 3318.36, 3324.01, 3324.02,  70           

3324.03, 3324.04, 3324.05, 3324.06, 3333.29, and 3333.50 of the    72           

Revised Code be enacted to read as follows:                        73           

      Sec. 9.90.  (A)  The governing board of any public           82           

institution of higher education, including without limitation      83           

state universities and colleges, community college districts,      84           

university branch districts, technical college districts, and      85           

municipal universities, or the board of education of any school    86           

district, may, in addition to all other powers provided in the     87           

Revised Code:                                                      88           

      (1)  Contract for, purchase, or otherwise procure from an    90           

insurer or insurers licensed to do business by the state of Ohio   91           

for or on behalf of such of its employees as it may determine,     92           

life insurance, or sickness, accident, annuity, endowment,         93           

health, medical, hospital, dental, or surgical coverage and        94           

benefits, or any combination thereof, by means of insurance plans  95           

or other types of coverage, family, group or otherwise, and may    96           

pay from funds under its control and available for such purpose    97           

all or any portion of the cost, premium, or charge therefor; FOR   99           

SUCH INSURANCE, COVERAGE, OR BENEFITS.  HOWEVER, THE GOVERNING                  

BOARD, IN ADDITION TO OR AS AN ALTERNATIVE TO THE AUTHORITY        100          

OTHERWISE GRANTED BY DIVISION (A)(1) OF THIS SECTION, MAY ELECT    101          

TO PROCURE COVERAGE FOR HEALTH CARE SERVICES, FOR OR ON BEHALF OF  102          

SUCH OF ITS EMPLOYEES AS IT MAY DETERMINE, BY MEANS OF POLICIES,   103          

CONTRACTS, CERTIFICATES, OR AGREEMENTS ISSUED BY AT LEAST TWO      104          

                                                          4      


                                                                 
HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY    105          

UNDER CHAPTER 1751. OF THE REVISED CODE AND MAY PAY FROM FUNDS     107          

UNDER THE GOVERNING BOARD'S CONTROL AND AVAILABLE FOR SUCH         108          

PURPOSE ALL OR ANY PORTION OF THE COST OF SUCH COVERAGE.           109          

      (2)  Make payments to a custodial account for investment in  111          

regulated investment company stock for the purpose of providing    112          

retirement benefits as described in section 403(b)(7) of the       113          

Internal Revenue Code of 1954, as amended.  Such stock shall be    114          

purchased only from persons authorized to sell such stock in this  115          

state.                                                             116          

      Any income of an employee deferred under divisions (A)(1)    118          

and (2) of this section in a deferred compensation program         119          

eligible for favorable tax treatment under the Internal Revenue    120          

Code of 1954, as amended, shall continue to be included as         121          

regular compensation for the purpose of computing the              122          

contributions to and benefits from the retirement system of such   123          

employee.  Any sum so deferred shall not be included in the        124          

computation of any federal and state income taxes withheld on      125          

behalf of any such employee.                                       126          

      (B)  All or any portion of the cost, premium, or charge      128          

therefor may be paid in such other manner or combination of        129          

manners as the governing board or the school board may determine,  130          

including direct payment by the employee in cases under division   131          

(A)(1) of this section, and, if authorized in writing by the       132          

employee in cases under division (A)(1) or (2) of this section,    133          

by such governing board or school board with moneys made           134          

available by deduction from or reduction in salary or wages or by  135          

the foregoing of a salary or wage increase.  Division (B)(7) of    136          

section 3917.01 and the last paragraph of section 3917.06 of the   137          

Revised Code shall not prohibit the issuance or purchase of group  138          

life insurance authorized by this section by reason of payment of  139          

premiums therefor by the governing board or the school board from  140          

its funds, and such group life insurance may be so issued and      141          

purchased if otherwise consistent with the provisions of sections  142          

                                                          5      


                                                                 
3917.01 to 3917.07 of the Revised Code.                            143          

      Sec. 125.05.  Except as provided in division (E) of this     152          

section, no state agency shall purchase any supplies or services   154          

except as provided in divisions (A) to (C) of this section.                     

      (A)  Subject to division (D) of this section, a state        156          

agency may, without competitive selection, make any purchase of    157          

services that cost fifty thousand dollars or less or any purchase  158          

of supplies that cost twenty-five thousand dollars or less.  The   159          

agency may make the purchase directly or may make the purchase     160          

from or through the department of administrative services,                      

whichever the agency determines.  The department shall establish   163          

written procedures to assist state agencies when they make direct  165          

purchases.  If the agency makes the purchase directly, it shall    166          

make the purchase by a term contract whenever possible.                         

      (B)  Subject to division (D) of this section, a state        168          

agency wanting to purchase services that cost more than fifty      170          

thousand dollars or supplies that cost more than twenty-five       171          

thousand dollars shall, unless otherwise authorized by law, make                

the purchase from or through the department.  The department       172          

shall make the purchase by competitive selection under section     173          

125.07 of the Revised Code.  If the director of administrative     174          

services determines that it is not possible or not advantageous    175          

to the state for the department to make the purchase, the          176          

department shall grant the agency a release and permit under                    

section 125.06 of the Revised Code to make the purchase.  Section  177          

127.16 of the Revised Code does not apply to purchases the         178          

department makes under this section.                               179          

      (C)  An agency that has been granted a release and permit    181          

to make a purchase may make the purchase without competitive       182          

selection if after making the purchase the cumulative purchase     183          

threshold as computed under division (F) of section 127.16 of the  184          

Revised Code would:                                                             

      (1)  Be exceeded and the controlling board approves the      186          

purchase;                                                                       

                                                          6      


                                                                 
      (2)  Not be exceeded and the department of administrative    188          

services approves the purchase.                                    189          

      (D)  Not later than January 31, 1997, the amounts specified  192          

in divisions (A) and (B) of this section and, not later than the   193          

thirty-first day of January of each second year thereafter, any    194          

amounts computed by adjustments made under this division, shall    195          

be increased or decreased by the average percentage increase or                 

decrease in the consumer price index prepared by the United        196          

States bureau of labor statistics (U.S. City Average for Urban     198          

Wage Earners and Clerical Workers:  "All Items 1982-1984=100")     199          

for the twenty-four calendar month period prior to the                          

immediately preceding first day of January over the immediately    200          

preceding twenty-four calendar month period, as reported by the    201          

bureau.  The director of administrative services shall make this   202          

determination and adjust the appropriate amounts accordingly.      203          

      (E)  If the office of information, learning, and technology  205          

services; OHIO SCHOOLNET COMMISSION, the department of             207          

education;, or the Ohio education computer network determines      209          

that it can purchase software services or supplies for specified   210          

school districts at a price less than the price for which the                   

districts could purchase the same software services or supplies    211          

for themselves, the office, department, or network shall certify   212          

that fact to the department of administrative services and,        213          

acting as an agent for the specified school districts, shall make  214          

that purchase without following the provisions in divisions (A)    215          

through TO (D) of this section.                                                 

      Sec. 125.13.  (A)  Except as otherwise provided in section   224          

5139.03 of the Revised Code, whenever a state agency determines    225          

that it has excess or surplus supplies, it shall notify the        226          

director of administrative services.  Upon request by the          227          

director and on forms provided by the director, the state agency   228          

shall furnish to the director a list of all those excess and       229          

surplus supplies and an appraisal of their value.                  231          

      (B)  The director of administrative services shall take      233          

                                                          7      


                                                                 
immediate control of a state agency's excess and surplus           235          

supplies, except for the following excess and surplus supplies:    237          

      (1)  Excess or surplus supplies that have a value below the  239          

minimum value that the director establishes for excess and         240          

surplus supplies under division (E) of this section;               241          

      (2)  Excess or surplus supplies that the director has        243          

authorized an agency to donate to a public entity, including, but  244          

not limited to, public schools and surplus computers and computer  245          

equipment transferred to a public school under division (G) of     246          

this section;                                                                   

      (3)  Excess or surplus supplies that an agency trades in as  248          

full or partial payment when purchasing a replacement item;        249          

      (4)  Hazardous property.                                     251          

      (C)  The director shall inventory excess and surplus         254          

supplies in the director's control and may have the supplies       256          

repaired.                                                                       

      (D)  The director may do either of the following:            258          

      (1)  Dispose of declared surplus or excess supplies in the   261          

director's control by sale, lease, donation, or transfer.  If the  264          

director does so, the director shall dispose of those supplies in  265          

the following order of priority:                                   267          

      (a)  To state agencies;                                      269          

      (b)  To state-supported or state-assisted institutions of    271          

higher education;                                                  272          

      (c)  To tax-supported agencies, municipal corporations, or   274          

other political subdivisions of this state;                        275          

      (d)  TO NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS           277          

CHARTERED BY THE STATE BOARD OF EDUCATION UNDER SECTION 3301.16    278          

OF THE REVISED CODE;                                                            

      (e)  To the general public by auction, sealed bid, or        280          

negotiation.                                                       281          

      (2)  If the director has attempted to dispose of any         283          

declared surplus or excess motor vehicle that does not exceed      284          

four thousand five hundred dollars in value pursuant to divisions  285          

                                                          8      


                                                                 
(D)(1)(a) to (c) of this section, donate the motor vehicle to a    287          

nonprofit organization exempt from federal income taxation         288          

pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of         289          

meeting the transportation needs of participants in the Ohio       290          

works first program established under Chapter 5107. of the         291          

Revised Code and participants in the prevention, retention, and    292          

contingency program established under Chapter 5108. of the         293          

Revised Code.  The director may not donate a motor vehicle         294          

furnished to the state highway patrol to a nonprofit organization  295          

pursuant to this division.                                                      

      (E)  The director may adopt rules governing the sale,        297          

lease, or transfer of surplus and excess supplies in the           298          

director's control by public auction, sealed bid, or negotiation,  300          

except that no employee of the disposing agency shall be allowed   301          

to purchase, lease, or receive any such supplies.  The director    302          

may dispose of declared surplus or excess supplies, including      303          

motor vehicles, in the director's control as the director          305          

determines proper if such supplies cannot be disposed of pursuant  307          

to division (D) of this section.  The director shall by rule       309          

establish a minimum value for excess and surplus supplies and                   

prescribe procedures for a state agency to follow in disposing of  311          

excess and surplus supplies in its control that have a value       312          

below the minimum value established by the director.               314          

      (F)  No state-supported or state-assisted institution of     316          

higher education, tax-supported agency, municipal corporation, or  317          

other political subdivision of this state shall sell, lease, or    318          

transfer excess or surplus supplies acquired under this section    319          

to private entities or the general public at a price greater than  320          

the price it originally paid for those supplies.                   321          

      (G)  The director of administrative services may authorize   323          

any state agency to transfer surplus computers and computer        324          

equipment that are not needed by other state agencies directly to  325          

an accredited public school within the state.  The computers and   326          

computer equipment may be repaired or refurbished prior to         327          

                                                          9      


                                                                 
transfer.  The state agency may charge a service fee to the        328          

public schools for the property not to exceed the direct cost of                

repairing or refurbishing it.  The state agency shall deposit      329          

such funds into the account used for repair or refurbishment.      330          

      Sec. 1111.01.  As used in this chapter:                      339          

      (A)  "Charitable trust" means a charitable remainder         341          

annuity trust as defined in section 664(d) of the Internal         342          

Revenue Code, a charitable remainder unitrust as defined in        343          

section 664(d) of the Internal Revenue Code, a charitable lead or  344          

other split interest trust subject to the governing instrument     345          

requirements of section 508(e) of the Internal Revenue Code, a     346          

pooled income fund as defined in section 642(c) of the Internal                 

Revenue Code, a trust that is a private foundation as defined in   347          

section 509 of the Internal Revenue Code, or a trust of which      348          

each beneficiary is a charity.                                     349          

      For purposes of this division and division DIVISIONS (B)     351          

AND (G) of this section, "Internal Revenue Code" means the         353          

"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1,    354          

as amended.                                                                     

      (B)  "Charity" means a state university as defined in        356          

section 3345.011 of the Revised Code, a community college as       358          

defined in section 3354.01 of the Revised Code, a technical                     

college as defined in section 3357.01 of the Revised Code, a       359          

state community college as defined in section 3358.01 of the       360          

Revised Code, a private college or university that possesses a     361          

certificate of authorization issued by the Ohio board of regents   362          

pursuant to Chapter 1713. of the Revised Code, a trust or          363          

organization exempt from taxation under section 501(c)(3) or       364          

section 501(c)(13) of the Internal Revenue Code, or a              366          

corporation, trust, or organization described in section           367          

170(c)(2) of the Internal Revenue Code.  The term "charities"      368          

means more than one trust or organization that is a charity.                    

      (C)  "Collective investment fund" means a fund established   370          

by a trust company or an affiliate of a trust company for the      371          

                                                          10     


                                                                 
collective investment of assets held in a fiduciary capacity,      372          

either alone or with one or more cofiduciaries, by the             373          

establishing trust company and its affiliates.                                  

      (D)  "Fiduciary investment company" means a corporation      375          

that is both of the following:                                     376          

      (1)  An investment company;                                  378          

      (2)  Incorporated, owned, and operated in accordance with    380          

rules adopted by the superintendent of financial institutions for  381          

the investment of funds held by trust companies in a fiduciary     382          

capacity and for true fiduciary purposes, either alone or with     383          

one or more cofiduciaries.                                                      

      (E)  "Instrument" includes any will, declaration of trust,   385          

agreement of trust, agency, or custodianship, or court order       386          

creating a fiduciary relationship.                                 387          

      (F)  "Investment company" means any investment company as    389          

defined in section 3 and registered under section 8 of the         390          

"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3  392          

and 80a-8.                                                                      

      (G)  "Trust business" means accepting and executing trusts   394          

of property, serving as a trustee, executor, administrator,        395          

guardian, receiver, or conservator, and providing fiduciary        396          

services as a business.  "Trust business" does not include any of  397          

the following:                                                                  

      (1)  Any natural person acting as a trustee, executor,       399          

administrator, guardian, receiver, or conservator pursuant to      401          

appointment by a court of competent jurisdiction;                               

      (2)  Any natural person serving as a trustee who does not    404          

hold self out to the public as willing to act as a trustee for                  

hire.  For purposes of division (G) of this section, the           406          

solicitation or advertisement of legal or accounting services by   407          

a person licensed in this state as an attorney or a person         408          

holding an Ohio permit to practice public accounting issued under  409          

division (A) of section 4701.10 of the Revised Code shall not be   410          

considered to be the act of holding self out to the public as      411          

                                                          11     


                                                                 
willing to act as a trustee for hire.                              412          

      (3)  A charity, an officer or employee of a charity, or a    415          

person affiliated with a charity, serving as trustee of a          416          

charitable trust of which the charity, or another charity with a                

similar purpose, is a beneficiary;                                 417          

      (4)  A NONPROFIT CORPORATION FORMED UNDER CHAPTER 1702. OF   419          

THE REVISED CODE SERVING AS TRUSTEE OF A TRUST THE BENEFICIARY OF  420          

WHICH IS AN ENTITY DESCRIBED IN SECTION 170(c)(1) OF THE INTERNAL  421          

REVENUE CODE, PROVIDED THE NONPROFIT CORPORATION DOES NOT RECEIVE  422          

ANY COMPENSATION FOR SERVING AS TRUSTEE OF THE TRUST;              423          

      (5)  Other fiduciary activities the superintendent           425          

determines are not undertaken as a business.                       426          

      Sec. 3301.011.  As used in Title XXXIII of the Revised       436          

Code, "total student count" for any school district means the      437          

average number of students enrolled during the first full school   438          

week of October in a school district in grades kindergarten        439          

through twelve, including students with dual enrollment in a       440          

joint vocational or cooperative education district THAT WEEK, and  441          

the total number of students enrolled in preschool handicapped     443          

units ON THE FIRST DAY OF DECEMBER in the district.                444          

      Sec. 3301.0711.  (A)  The department of education shall:     453          

      (1)  Annually furnish, grade, and score all tests required   455          

by section 3301.0710 of the Revised Code to city, local, and       456          

exempted village school districts;                                 457          

      (2)  Adopt rules for the ethical use of tests and            459          

prescribing the manner in which the tests prescribed by section    460          

3301.0710 of the Revised Code shall be administered to students.   461          

      (B)  Except as provided in divisions (C) and (J)(2) of this  463          

section, the board of education of each city, local, and exempted  464          

village school district shall, in accordance with rules adopted    465          

under division (A) of this section:                                466          

      (1)  Administer the test prescribed under division (A)(1)    468          

of section 3301.0710 of the Revised Code to measure skill in       469          

reading as follows:                                                             

                                                          12     


                                                                 
      (a)  For students entering fourth grade in school years      472          

that start prior to July 1, 2001, at least once annually to all    473          

students in the fourth grade;                                      474          

      (b)  For students entering fourth grade beginning with the   477          

school year that starts July 1, 2001, twice annually to all        479          

students in the fourth grade who have not attained the score                    

designated for that test under division (A)(1) of section          480          

3301.0710 of the Revised Code and once each summer to students     482          

receiving summer remediation services under division (B)(3) of     483          

section 3313.608 of the Revised Code.                                           

      (2)  Administer the tests prescribed under division (A)(1)   485          

of section 3301.0710 of the Revised Code to measure skill in       486          

writing, mathematics, science, and citizenship at least once       487          

annually to all students in the fourth grade.                      488          

      (3)  Administer the tests prescribed under division (A)(2)   491          

of section 3301.0710 of the Revised Code at least once annually    492          

to all students in the sixth grade.                                493          

      (4)  Administer any tests prescribed under division (A)(3)   495          

of section 3301.0710 of the Revised Code at least once annually    496          

to any student in the twelfth grade who, on all the tests          497          

prescribed under division (B) of that section, has attained the    498          

applicable scores designated under such division prior to the      499          

first day of January of that year.                                 500          

      (5)  Administer any test prescribed under division (B) of    502          

section 3301.0710 of the Revised Code as follows:                  503          

      (a)  At least once annually, subsequent to the fifteenth     506          

day of March, to all tenth grade students and at least twice       507          

annually to all students in eleventh or twelfth grade who have     509          

not yet attained the score on that test designated under that      510          

division;                                                                       

      (b)  To any person who has successfully completed the        512          

curriculum in any high school or the individualized education      513          

program developed for the person by any high school pursuant to    514          

section 3323.08 of the Revised Code but has not received a high    515          

                                                          13     


                                                                 
school diploma and who requests to take such test, at any time     516          

such test is administered in the district.                         517          

      (C)(1)  Any student receiving special education services     519          

under Chapter 3323. of the Revised Code shall be excused from      520          

taking any particular test required to be administered under this  521          

section if the individualized education program developed for the  522          

student pursuant to section 3323.08 of the Revised Code excuses    523          

the student from taking that test.  In the case of any student so  524          

excused from taking a test, the school district board of           525          

education shall not prohibit the student from taking the test.     527          

Any student enrolled in a chartered nonpublic school who has been  528          

identified, based on an evaluation conducted in accordance with    529          

section 3323.03 of the Revised Code or section 504 of the                       

"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 794, as    530          

amended, as a child with a disability shall be excused from        531          

taking any particular test required to be administered under this  532          

section if a plan developed for the student pursuant to rules      533          

adopted by the state board excuses the student from taking that    534          

test.  In the case of any student so excused from taking a test,                

the chartered nonpublic school shall not prohibit the student      535          

from taking the test.                                              536          

      (2)  A district board may, for medical reasons or other      538          

good cause, excuse a student from taking a test administered       539          

under this section on the date scheduled, but any such test shall  540          

be administered to such excused student not later than fifteen     541          

days following the scheduled date.  The board shall annually       542          

report the number of students who have not taken one or more of    543          

the tests required by this section to the state board of           544          

education not later than the thirtieth day of June.                546          

      (3)  AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT"     548          

MEANS A STUDENT WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO HAS  551          

BEEN ENROLLED IN UNITED STATES SCHOOLS FOR LESS THAN TWO FULL      552          

SCHOOL YEARS.                                                                   

      NO ENGLISH-LIMITED STUDENT SHALL BE REQUIRED TO TAKE ANY     554          

                                                          14     


                                                                 
TEST ADMINISTERED UNDER THIS SECTION.  HOWEVER, NO DISTRICT BOARD  556          

OR GOVERNING AUTHORITY OF A CHARTERED NONPUBLIC SCHOOL SHALL       557          

PROHIBIT AN ENGLISH-LIMITED STUDENT FROM TAKING A TEST.            559          

      (D)  In the school year next succeeding the school year in   562          

which the tests prescribed by division (A)(1) of section           563          

3301.0710 of the Revised Code are administered to any student,     564          

the board of education of any school district in which the         565          

student is enrolled in that year shall provide intervention        566          

services to the student in any skill in which the student failed   567          

on those tests to demonstrate at least fourth-grade levels of      568          

literacy and basic competency.  This division does not apply to    569          

any student receiving services pursuant to an individualized       570          

education program developed for the student pursuant to section    571          

3323.08 of the Revised Code.                                       572          

      (E)  Except as provided in section 3313.608 of the Revised   574          

Code and division (M) of this section, no school district board    576          

of education shall permit any student to be denied promotion to a  577          

higher grade level solely because of the student's failure to      578          

attain a specified score on any test administered under this       579          

section.  HOWEVER, A DISTRICT BOARD MAY CHOOSE NOT TO PROMOTE TO   580          

THE NEXT GRADE LEVEL ANY STUDENT WHO DOES NOT TAKE ANY             581          

PROFICIENCY TEST ADMINISTERED UNDER THIS SECTION OR MAKE UP SUCH                

TEST AS PROVIDED BY DIVISION (C)(2) OF THIS SECTION AND WHO IS     582          

NOT EXEMPTED FROM THE REQUIREMENT TO TAKE THE TEST UNDER DIVISION  583          

(C)(1) OR (3) OF THIS SECTION.                                     584          

      (F)  No person shall be charged a fee for taking any test    586          

administered under this section.                                   587          

      (G)  Not later than sixty days after any administration of   589          

any test prescribed by section 3301.0710 of the Revised Code, the  590          

department shall send to each school district board a list of the  591          

individual test scores of all persons taking the test.             592          

      (H)  Individual test scores on any tests administered under  594          

this section shall be released by a district board only in         595          

accordance with section 3319.321 of the Revised Code and the       596          

                                                          15     


                                                                 
rules adopted under division (A) of this section.  No district     597          

board or its employees shall utilize individual or aggregate test  598          

results in any manner that conflicts with rules for the ethical    599          

use of tests adopted pursuant to division (A) of this section.     600          

      (I)  Except as provided in division (G) of this section,     602          

the department shall not release any individual test scores on     603          

any test administered under this section and shall adopt rules to  604          

ensure the protection of student confidentiality at all times.     605          

      (J)  Notwithstanding division (D) of section 3311.19 and     607          

division (D) of section 3311.52 of the Revised Code, this section  608          

does not apply to the board of education of any joint vocational   609          

or cooperative education school district except as provided under  610          

rules adopted pursuant to this division.                           611          

      (1)  In accordance with rules that the state board of        613          

education shall adopt, the board of education of any city,         614          

exempted village, or local school district with territory in a     615          

joint vocational school district or a cooperative education        616          

school district established pursuant to divisions (A) to (C) of    617          

section 3311.52 of the Revised Code may enter into an agreement    618          

with the board of education of the joint vocational or             619          

cooperative education school district for administering any test   620          

prescribed under this section to students of the city, exempted    621          

village, or local school district who are attending school in the  622          

joint vocational or cooperative education school district.         623          

      (2)  In accordance with rules that the state board of        625          

education shall adopt, the board of education of any city,         626          

exempted village, or local school district with territory in a     627          

cooperative education school district established pursuant to      628          

section 3311.521 of the Revised Code shall enter into an           629          

agreement with the cooperative district that provides for the      630          

administration of any test prescribed under this section to both   631          

of the following:                                                  632          

      (a)  Students who are attending school in the cooperative    634          

district and who, if the cooperative district were not             635          

                                                          16     


                                                                 
established, would be entitled to attend school in the city,       636          

local, or exempted village school district pursuant to section     637          

3313.64 or 3313.65 of the Revised Code;                            638          

      (b)  Persons described in division (B)(5)(b) of this         640          

section.                                                           641          

      Any testing of students pursuant to such an agreement shall  643          

be in lieu of any testing of such students or persons pursuant to  644          

this section.                                                      645          

      (K)(1)  Any chartered nonpublic school may participate in    647          

the testing program by administering any of the tests prescribed   648          

by section 3301.0710 of the Revised Code if the chief              649          

administrator of the school specifies which tests the school       650          

wishes to administer.  Such specification shall be made in         651          

writing to the superintendent of public instruction prior to the   652          

first day of August of any school year in which tests are          653          

administered and shall include a pledge that the nonpublic school  654          

will administer the specified tests in the same manner as public   655          

schools are required to do under this section and rules adopted    656          

by the department.                                                 657          

      (2)  The department of education shall furnish the tests     659          

prescribed by section 3301.0710 of the Revised Code to any         660          

chartered nonpublic school electing to participate under this      661          

division.                                                          662          

      (L)(1)  Except as provided in division (L)(3) of this        664          

section, the superintendent of the state school for the blind and  665          

the superintendent of the state school for the deaf shall          666          

administer the tests described by section 3301.0710 of the         667          

Revised Code.  Each superintendent shall administer the tests in   668          

the same manner as district boards are required to do under this   669          

section and rules adopted by the department of education.          670          

      (2)  The department of education shall furnish the tests     672          

described by section 3301.0710 of the Revised Code to each         673          

superintendent.                                                    674          

      (3)  Any student enrolled in the state school for the blind  676          

                                                          17     


                                                                 
or the state school for the deaf shall be excused from taking any  677          

particular test required to be administered under division (L)(1)  678          

of this section if the individualized education program developed  679          

for the student pursuant to section 3323.08 of the Revised Code    680          

excuses the student from taking that test.  In the case of any     681          

student so excused from taking a test, the superintendent of the   682          

school shall not prohibit the student from taking the test.        683          

      (M)  Notwithstanding division (E) of this section,           685          

beginning July 1, 1999, a school district may retain any student   688          

for an additional year in such student's current grade level if                 

such student has failed to attain the designated scores on three   690          

or more of the five tests described by division (A)(1) or (2) of   691          

section 3301.0710 of the Revised Code.                             692          

      This division does not supersede the requirements of         694          

section 3313.608 of the Revised Code.                              695          

      (N)(1)  All proficiency tests required by section 3301.0710  698          

of the Revised Code shall become public records pursuant to                     

section 149.43 of the Revised Code on the first day of July        700          

following the school year that the test was administered.          701          

      (2)  The department may field test proposed proficiency      703          

test questions with samples of students to determine the           704          

validity, reliability, or appropriateness of test questions for    705          

possible inclusion in a future year's proficiency test.                         

      Field test questions shall not be considered in computing    707          

test scores for individual students.  Field test questions may be  708          

included as part of the administration of any proficiency test     709          

required by section 3301.0710 of the Revised Code.                 710          

      (3)  Any field test question administered under division     712          

(N)(2) of this section shall not be a public record.  Such field   713          

test questions shall be redacted from any proficiency tests which  714          

are released as a public record pursuant to division (N)(1) of     715          

this section.                                                      716          

      Sec. 3301.0714.  (A)  The state board of education shall     725          

adopt rules for a statewide education management information       726          

                                                          18     


                                                                 
system.  The rules shall require the state board to establish      728          

guidelines for the establishment and maintenance of the system in               

accordance with this section and the rules adopted under this      729          

section.  The guidelines shall include:                            730          

      (1)  Standards identifying and defining the types of data    732          

in the system in accordance with divisions (B) and (C) of this     733          

section;                                                           734          

      (2)  Procedures for annually collecting and reporting the    736          

data to the state board in accordance with division (D) of this    738          

section;                                                                        

      (3)  Procedures for annually compiling the data in           740          

accordance with division (G) of this section;                      741          

      (4)  Procedures for annually reporting the data to the       743          

public in accordance with division (H) of this section.            744          

      (B)  The guidelines adopted under this section shall         746          

require the data maintained in the education management            747          

information system to include at least the following:              748          

      (1)  Student participation and performance data, for each    750          

grade in each school district as a whole and for each grade in     751          

each school building in each school district, that includes:       753          

      (a)  The numbers of students receiving each category of      755          

instructional service offered by the school district, such as      756          

regular education instruction, vocational education instruction,   757          

specialized instruction programs or enrichment instruction that    758          

is part of the educational curriculum, instruction for gifted      759          

students, instruction for handicapped students, and remedial       760          

instruction.  The guidelines shall require instructional services  761          

under this division to be divided into discrete categories if an   762          

instructional service is limited to a specific subject, a          763          

specific type of student, or both, such as regular instructional   764          

services in mathematics, remedial reading instructional services,  765          

instructional services specifically for students gifted in         766          

mathematics or some other subject area, or instructional services  767          

for students with a specific type of handicap.  The categories of  768          

                                                          19     


                                                                 
instructional services required by the guidelines under this       769          

division shall be the same as the categories of instructional      770          

services used in determining cost units pursuant to division       771          

(C)(3) of this section.                                            772          

      (b)  The numbers of students receiving support or            774          

extracurricular services for each of the support services or       775          

extracurricular programs offered by the school district, such as   776          

counseling services, health services, and extracurricular sports   777          

and fine arts programs.  The categories of services required by    778          

the guidelines under this division shall be the same as the        779          

categories of services used in determining cost units pursuant to  780          

division (C)(4)(a) of this section.                                781          

      (c)  Average student grades in each subject in grades nine   783          

through twelve;                                                    784          

      (d)  Academic achievement levels in grades one through       786          

eight as assessed by the locally developed competency programs     787          

required by division (D) of section 3301.07 of the Revised Code;   788          

      (e)  Academic achievement levels as assessed by the testing  790          

of student proficiency under sections 3301.0710 and 3301.0711 of   791          

the Revised Code;                                                  792          

      (f)  The number of students designated as having a           794          

handicapping condition pursuant to division (C)(1) of section      795          

3301.0711 of the Revised Code;                                     796          

      (g)  The numbers of students reported to the state board     798          

pursuant to division (C)(2) of section 3301.0711 of the Revised    799          

Code;                                                              800          

      (h)  Attendance rates and the average daily attendance for   802          

the year;                                                          803          

      (i)  Expulsion rates;                                        805          

      (j)  Suspension rates;                                       807          

      (k)  The percentage of students receiving corporal           809          

punishment;                                                        810          

      (l)  Dropout rates;                                          812          

      (m)  Rates of retention in grade;                            814          

                                                          20     


                                                                 
      (n)  For pupils in grades nine through twelve, the average   816          

number of carnegie units, as calculated in accordance with state   817          

board of education rules;                                          818          

      (o)  Graduation rates, to be calculated in a manner          820          

specified by the department of education that reflects the rate    821          

at which students who were in the ninth grade three years prior    822          

to the current year complete school and that is consistent with    823          

nationally accepted reporting requirements.                        824          

      (2)  Personnel and classroom enrollment data for each        826          

school district, including:                                        827          

      (a)  The total numbers of licensed employees and             829          

nonlicensed employees and the numbers of full-time equivalent      831          

licensed employees and nonlicensed employees providing each        832          

category of instructional service, instructional support service,  833          

and administrative support service used pursuant to division       834          

(C)(3) of this section.  The guidelines adopted under this         835          

section shall require these categories of data to be maintained    836          

for the school district as a whole and, wherever applicable, for   837          

each grade in the school district as a whole, for each school      838          

building as a whole, and for each grade in each school building.   839          

      (b)  The total number of employees and the number of         841          

full-time equivalent employees providing each category of service  842          

used pursuant to divisions (C)(4)(a) and (b) of this section, and  843          

the total numbers of licensed employees and nonlicensed employees  845          

and the numbers of full-time equivalent licensed employees and     846          

nonlicensed employees providing each category used pursuant to     847          

division (C)(4)(c) of this section.  The guidelines adopted under  848          

this section shall require these categories of data to be          849          

maintained for the school district as a whole and, wherever        850          

applicable, for each grade in the school district as a whole, for  851          

each school building as a whole, and for each grade in each        852          

school building.                                                                

      (c)  The total number of regular classroom teachers          854          

teaching classes of regular education and the average number of    855          

                                                          21     


                                                                 
pupils enrolled in each such class, in each of grades              856          

kindergarten through five in the district as a whole and in each   857          

school building in the school district.                            858          

      (3)(a)  Student demographic data for each school district,   860          

including information regarding the gender ratio of the school     861          

district's pupils, the racial make-up of the school district's     862          

pupils, and an appropriate measure of the number of the school     863          

district's pupils who reside in economically disadvantaged         864          

households.  The demographic data shall be collected in a manner   865          

to allow correlation with data collected under division (B)(1) of  866          

this section.  Categories for data collected pursuant to division  867          

(B)(3) of this section shall conform, where appropriate, to        868          

standard practices of agencies of the federal government.          869          

      (b)  WITH RESPECT TO EACH STUDENT ENTERING KINDERGARTEN,     871          

WHETHER THE STUDENT PREVIOUSLY PARTICIPATED IN A PUBLIC PRESCHOOL  872          

PROGRAM, A PRIVATE PRESCHOOL PROGRAM, OR A HEAD START PROGRAM,     873          

AND THE NUMBER OF YEARS THE STUDENT PARTICIPATED IN EACH OF THESE  874          

PROGRAMS.                                                                       

      (C)  The education management information system shall       876          

include cost accounting data for each district as a whole and for  877          

each school building in each school district.  The guidelines      878          

adopted under this section shall require the cost data for each    879          

school district to be maintained in a system of mutually           880          

exclusive cost units and shall require all of the costs of each    881          

school district to be divided among the cost units.  The           882          

guidelines shall require the system of mutually exclusive cost     883          

units to include at least the following:                           884          

      (1)  Administrative costs for the school district as a       886          

whole.  The guidelines shall require the cost units under this     887          

division (C)(1) to be designed so that each of them may be         888          

compiled and reported in terms of average expenditure per pupil    889          

in formula ADM in the school district, as determined pursuant to   891          

section 3317.03 of the Revised Code.                                            

      (2)  Administrative costs for each school building in the    893          

                                                          22     


                                                                 
school district.  The guidelines shall require the cost units      894          

under this division (C)(2) to be designed so that each of them     895          

may be compiled and reported in terms of average expenditure per   896          

full-time equivalent pupil receiving instructional or support      897          

services in each building.                                         898          

      (3)  Instructional services costs for each category of       900          

instructional service provided directly to students and required   901          

by guidelines adopted pursuant to division (B)(1)(a) of this       902          

section.  The guidelines shall require the cost units under        903          

division (C)(3) of this section to be designed so that each of     904          

them may be compiled and reported in terms of average expenditure  905          

per pupil receiving the service in the school district as a whole  906          

and average expenditure per pupil receiving the service in each    907          

building in the school district and in terms of a total cost for   908          

each category of service and, as a breakdown of the total cost, a  909          

cost for each of the following components:                         910          

      (a)  The cost of each instructional services category        912          

required by guidelines adopted under division (B)(1)(a) of this    913          

section that is provided directly to students by a classroom       914          

teacher;                                                           915          

      (b)  The cost of the instructional support services, such    917          

as services provided by a speech-language pathologist, classroom   918          

aide, multimedia aide, or librarian, provided directly to          919          

students in conjunction with each instructional services           920          

category;                                                          921          

      (c)  The cost of the administrative support services         923          

related to each instructional services category, such as the cost  924          

of personnel that develop the curriculum for the instructional     925          

services category and the cost of personnel supervising or         926          

coordinating the delivery of the instructional services category.  927          

      (4)  Support or extracurricular services costs for each      929          

category of service directly provided to students and required by  930          

guidelines adopted pursuant to division (B)(1)(b) of this          931          

section.  The guidelines shall require the cost units under        932          

                                                          23     


                                                                 
division (C)(4) of this section to be designed so that each of     933          

them may be compiled and reported in terms of average expenditure  934          

per pupil receiving the service in the school district as a whole  935          

and average expenditure per pupil receiving the service in each    936          

building in the school district and in terms of a total cost for   937          

each category of service and, as a breakdown of the total cost, a  938          

cost for each of the following components:                         939          

      (a)  The cost of each support or extracurricular services    941          

category required by guidelines adopted under division (B)(1)(b)   942          

of this section that is provided directly to students by a         943          

licensed employee, such as services provided by a guidance         944          

counselor or any services provided by a licensed employee under a  946          

supplemental contract;                                                          

      (b)  The cost of each such services category provided        948          

directly to students by a nonlicensed employee, such as            949          

janitorial services, cafeteria services, or services of a sports   950          

trainer;                                                           951          

      (c)  The cost of the administrative services related to      953          

each services category in division (C)(4)(a) or (b) of this        954          

section, such as the cost of any licensed or nonlicensed           955          

employees that develop, supervise, coordinate, or otherwise are    956          

involved in administering or aiding the delivery of each services  957          

category.                                                          958          

      (D)(1)  The guidelines adopted under this section may SHALL  961          

require school districts to collect information about individual   962          

students, staff members, or both in connection with any data       963          

required by division (B) or (C) of this section or other           964          

reporting requirements established in the Revised Code.  The       965          

guidelines may also require school districts to report             966          

information about individual staff members in connection with any  967          

data required by division (B) or (C) of this section or other      968          

reporting requirements established in the Revised Code.  The       969          

guidelines may authorize school districts to request social        970          

security numbers of individual students so that school districts   971          

                                                          24     


                                                                 
and the data acquisition sites operated under section 3301.075 of  972          

the Revised Code can assure accuracy and avoid errors in           973          

collecting the data.  However, the guidelines shall prohibit the   974          

reporting under this section of any personally identifiable        975          

information about any student, including a student's social        976          

security number, name, or address, to the state board of           977          

education or the department of education or to any other person    979          

unless such person is employed by the school district or the data  980          

acquisition site and is authorized by the district or acquisition  981          

site to have access to such information.  The guidelines may       982          

require school districts to provide the social security numbers    983          

of individual staff members.                                       984          

      (2)  THE GUIDELINES SHALL PROVIDE FOR EACH SCHOOL DISTRICT   986          

OR COMMUNITY SCHOOL TO ASSIGN A DATA VERIFICATION CODE TO EACH     987          

STUDENT WHOSE INITIAL OHIO ENROLLMENT IS IN THAT DISTRICT OR       988          

SCHOOL AND TO REPORT ALL REQUIRED INDIVIDUAL STUDENT DATA FOR      989          

THAT STUDENT UTILIZING SUCH CODE.  THE GUIDELINES SHALL ALSO       990          

PROVIDE FOR ASSIGNING DATA VERIFICATION CODES TO ALL STUDENTS      991          

ENROLLED IN DISTRICTS OR COMMUNITY SCHOOLS ON THE EFFECTIVE DATE   993          

OF THE GUIDELINES ESTABLISHED UNDER THIS SECTION.                               

      INDIVIDUAL STUDENT DATA SHALL BE REPORTED TO THE DEPARTMENT  995          

THROUGH THE DATA ACQUISITION SITES UTILIZING THE CODE BUT AT NO    997          

TIME SHALL ANYONE OTHER THAN AN EMPLOYEE OF THE SCHOOL DISTRICT    998          

OR COMMUNITY SCHOOL IN WHICH THE STUDENT IS ENROLLED HAVE ACCESS   999          

TO INFORMATION THAT WOULD ENABLE ANY DATA VERIFICATION CODE TO BE  1,000        

MATCHED TO PERSONALLY IDENTIFIABLE STUDENT DATA.                   1,001        

      EACH SCHOOL DISTRICT SHALL ENSURE THAT THE DATA              1,003        

VERIFICATION CODE IS INCLUDED IN THE STUDENT'S RECORDS REPORTED    1,004        

TO ANY SUBSEQUENT SCHOOL DISTRICT OR COMMUNITY SCHOOL IN WHICH     1,005        

THE STUDENT ENROLLS AND SHALL REMOVE ALL REFERENCES TO THE CODE    1,006        

IN ANY RECORDS RETAINED IN THE DISTRICT OR SCHOOL THAT PERTAIN TO  1,007        

ANY STUDENT NO LONGER ENROLLED.  ANY SUCH SUBSEQUENT DISTRICT OR   1,008        

SCHOOL SHALL UTILIZE THE SAME IDENTIFIER IN ITS REPORTING OF DATA               

UNDER THIS SECTION.                                                1,009        

                                                          25     


                                                                 
      (E)  The guidelines adopted under this section may require   1,011        

school districts to collect and report data, information, or       1,012        

reports other than that described in divisions (A), (B), and (C)   1,013        

of this section for the purpose of complying with other reporting  1,014        

requirements established in the Revised Code.  The other data,     1,015        

information, or reports may be maintained in the education         1,016        

management information system but are not required to be compiled  1,017        

as part of the profile formats required under division (G) of      1,018        

this section or the annual statewide report required under         1,019        

division (H) of this section.                                      1,020        

      (F)  Beginning with the school year that begins July 1,      1,022        

1991, the board of education of each school district shall         1,023        

annually collect and report to the state board, in accordance      1,025        

with the guidelines established by the board, the data required    1,027        

pursuant to this section.  A school district may collect and       1,028        

report these data notwithstanding section 2151.358 or 3319.321 of  1,029        

the Revised Code.                                                  1,030        

      (G)  The state board shall, in accordance with the           1,032        

procedures it adopts, annually compile the data reported by each   1,033        

school district pursuant to division (D) of this section.  The     1,034        

state board shall design formats for profiling each school         1,036        

district as a whole and each school building within each district  1,037        

and shall compile the data in accordance with these formats.       1,038        

These profile formats shall:                                       1,039        

      (1)  Include all of the data gathered under this section in  1,041        

a manner that facilitates comparison among school districts and    1,042        

among school buildings within each school district;                1,043        

      (2)  Present the data on academic achievement levels as      1,045        

assessed by the testing of student proficiency maintained          1,046        

pursuant to division (B)(1)(e) of this section so that the         1,047        

academic achievement levels of students who are excused from       1,048        

taking any such test pursuant to division (C)(1) of section        1,049        

3301.0711 of the Revised Code are distinguished from the academic  1,050        

achievement levels of students who are not so excused.             1,051        

                                                          26     


                                                                 
      (H)(1)  The state board shall, in accordance with the        1,053        

procedures it adopts, annually prepare a statewide report for all  1,054        

school districts and the general public that includes the profile  1,055        

of each of the school districts developed pursuant to division     1,056        

(G) of this section.  Copies of the report shall be sent to each   1,057        

school district.                                                   1,058        

      (2)  The state board shall, in accordance with the           1,060        

procedures it adopts, annually prepare an individual report for    1,061        

each school district and the general public that includes the      1,062        

profiles of each of the school buildings in that school district   1,063        

developed pursuant to division (G) of this section.  Copies of     1,064        

the report shall be sent to the superintendent of the district     1,065        

and to each member of the district board of education.             1,066        

      (3)  Copies of the reports received from the state board     1,068        

under divisions (H)(1) and (2) of this section shall be made       1,069        

available to the general public at each school district's          1,070        

offices.  Each district board of education shall make copies of    1,071        

each report available to any person upon request and payment of a  1,072        

reasonable fee for the cost of reproducing the report.  The board  1,073        

shall annually publish in a newspaper of general circulation in    1,074        

the school district, at least twice during the two weeks prior to  1,075        

the week in which the reports will first be available, a notice    1,076        

containing the address where the reports are available and the     1,077        

date on which the reports will be available.                       1,078        

      (I)  Any data that is collected or maintained pursuant to    1,080        

this section and that identifies an individual pupil is not a      1,081        

public record for the purposes of section 149.43 of the Revised    1,082        

Code.                                                              1,083        

      (J)  As used in this section:                                1,085        

      (1)  "School district" means any city, local, exempted       1,087        

village, or joint vocational school district.                      1,088        

      (2)  "Cost" means any expenditure for operating expenses     1,090        

made by a school district excluding any expenditures for debt      1,091        

retirement except for payments made to any commercial lending      1,092        

                                                          27     


                                                                 
institution for any loan approved pursuant to section 3313.483 of  1,093        

the Revised Code.                                                  1,094        

      (K)  Any person who removes data from the information        1,096        

system established under this section for the purpose of           1,097        

releasing it to any person not entitled under law to have access   1,098        

to such information is subject to section 2913.42 of the Revised   1,099        

Code prohibiting tampering with data.                              1,100        

      (L)  Any time the department of education determines that a  1,102        

school district has taken any of the actions described under       1,103        

division (L)(1), (2), or (3) of this section, it shall make a      1,104        

report of the actions of the district, send a copy of the report   1,105        

to the superintendent of such school district, and maintain a      1,106        

copy of the report in its files:                                   1,107        

      (1)  The school district fails to meet any deadline          1,109        

established pursuant to this section for the reporting of any      1,110        

data to the education management information system;               1,111        

      (2)  The school district fails to meet any deadline          1,113        

established pursuant to this section for the correction of any     1,114        

data reported to the education management information system;      1,116        

      (3)  The school district reports data to the education       1,118        

management information system in a condition, as determined by     1,119        

the department, that indicates that the district did not make a    1,120        

good faith effort in reporting the data to the system.             1,121        

      Any report made under this division shall include            1,123        

recommendations for corrective action by the school district.      1,124        

      Upon making a report for the first time in a fiscal year,    1,127        

the department shall withhold ten per cent of the total amount     1,128        

due during that fiscal year under Chapter 3317. of the Revised     1,129        

Code to the school district to which the report applies.  Upon     1,130        

making a second report in a fiscal year, the department shall      1,131        

withhold an additional twenty per cent of such total amount due    1,132        

during that fiscal year to the school district to which the        1,133        

report applies.  The department shall not release such funds       1,134        

unless it determines that the district has taken corrective        1,135        

                                                          28     


                                                                 
action.  However, no such release of funds shall occur if the      1,136        

district fails to take corrective action within ninety days of     1,137        

the date upon which the report was made by the department.         1,138        

      (M)  The department of education, after consultation with    1,141        

the Ohio education computer network, may provide at no cost to     1,142        

school districts uniform computer software for use in reporting    1,143        

data to the education management information system, provided      1,144        

that no school district shall be required to utilize such          1,145        

software to report data to the education management information    1,146        

system if such district is so reporting data in an accurate,       1,147        

complete, and timely manner in a format compatible with that       1,148        

required by the education management information system.           1,149        

      (N)  The state board of education, in accordance with        1,151        

sections 3319.31 and 3319.311 of the Revised Code, may suspend or  1,152        

revoke a license as defined under division (A) of section 3319.31  1,153        

of the Revised Code that has been issued to any school district    1,154        

employee found to have willfully reported erroneous, inaccurate,   1,155        

or incomplete data to the education management information         1,156        

system.                                                                         

      (O)  NO PERSON SHALL RELEASE OR MAINTAIN ANY INFORMATION     1,158        

ABOUT ANY STUDENT IN VIOLATION OF THIS SECTION.  WHOEVER VIOLATES  1,159        

THIS DIVISION IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.     1,160        

      Sec. 3301.0726.  THE DEPARTMENT OF EDUCATION SHALL DEVELOP   1,162        

A PACKET OF HIGH SCHOOL INSTRUCTIONAL MATERIALS ON PERSONAL        1,163        

FINANCIAL RESPONSIBILITY, INCLUDING INSTRUCTIONAL MATERIALS ON     1,164        

THE AVOIDANCE OF CREDIT CARD ABUSE, AND SHALL DISTRIBUTE THAT      1,165        

PACKET TO ALL SCHOOL DISTRICTS.  THE BOARD OF EDUCATION OF ANY     1,166        

SCHOOL DISTRICT MAY ADOPT PART OR ALL OF THE MATERIALS INCLUDED    1,167        

IN THE PACKET FOR INCORPORATION INTO THE DISTRICT'S CURRICULUM.    1,168        

      Sec. 3301.311.  AFTER JUNE 30, 2001, NO HEAD START PROGRAM   1,170        

SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS EACH STAFF MEMBER    1,171        

EMPLOYED BY THAT PROGRAM AS A TEACHER IS WORKING TOWARD AN         1,172        

ASSOCIATE DEGREE OF A TYPE APPROVED BY THE DEPARTMENT OF           1,173        

EDUCATION. BEGINNING IN FISCAL YEAR 2006, NO HEAD START PROGRAM    1,174        

                                                          29     


                                                                 
SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS EVERY STAFF MEMBER   1,175        

EMPLOYED BY THAT PROGRAM AS A TEACHER HAS ATTAINED SUCH A DEGREE.  1,176        

      Sec. 3301.80.  (A)  There is hereby created the Ohio         1,185        

SchoolNet commission consisting AS AN INDEPENDENT AGENCY.  THE     1,189        

COMMISSION SHALL ADMINISTER PROGRAMS TO PROVIDE FINANCIAL AND      1,190        

OTHER ASSISTANCE TO SCHOOL DISTRICTS AND OTHER EDUCATIONAL         1,191        

INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION OF EDUCATIONAL    1,192        

TECHNOLOGY.                                                                     

      THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY    1,194        

OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE    1,195        

STATE.                                                                          

      (B)(1)  THE COMMISSION SHALL CONSIST of eleven members,      1,198        

seven of whom are voting members.  Of the voting members, one      1,200        

shall be appointed by the speaker of the house of representatives  1,201        

and one shall be appointed by the president of the senate.  The    1,202        

members appointed by the speaker of the house and the president    1,203        

of the senate shall not be members of the general assembly.  The                

state superintendent of public instruction or a designee of the    1,204        

superintendent, the director of the office of budget and           1,205        

management or a designee of the director, the director of          1,207        

administrative services or a designee of the director, the         1,208        

chairperson of the public utilities commission or a designee of                 

the chairperson, and the director of the Ohio educational          1,209        

telecommunications network commission or a designee of the         1,210        

director shall serve on the commission as ex officio voting        1,212        

members.  Of the nonvoting members, two shall be members of the    1,213        

house of representatives appointed by the speaker of the house of               

representatives and two shall be members of the senate appointed   1,214        

by the president of the senate.  The members appointed from each   1,215        

house shall not be members of the same political party.            1,216        

      (2)  THE MEMBERS SHALL SERVE WITHOUT COMPENSATION.  THE      1,218        

VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF            1,219        

REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE           1,220        

REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT            1,221        

                                                          30     


                                                                 
GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF  1,222        

OFFICIAL DUTIES.                                                                

      (3)  The terms of office for the members appointed by the    1,224        

speaker of the house and the president of the senate shall be for  1,226        

two years, with each term ending on the same day of the same       1,227        

month as did the term that it succeeds.  The members appointed by  1,228        

the speaker of the house and the president of the senate may be    1,229        

reappointed.  Any member appointed from the house of               1,230        

representatives or senate who ceases to be a member of the         1,231        

legislative house from which the member was appointed shall cease  1,232        

to be a member of the committee COMMISSION.  Vacancies among       1,233        

appointed members shall be filled in the manner provided for       1,234        

original appointments.  Any member appointed to fill a vacancy     1,235        

occurring prior to the expiration date of the term for which a     1,236        

predecessor was appointed shall hold office as a member for the                 

remainder of that term.  The members appointed by the speaker of   1,238        

the house and the president of the senate shall continue in        1,239        

office subsequent to the expiration date of that member's term     1,240        

until a successor takes office or until a period of sixty days                  

has elapsed, whichever occurs first.                               1,241        

      The Ohio SchoolNet commission shall monitor and oversee the  1,245        

operations of, and programs administered by, the Ohio SchoolNet    1,247        

office established under division (B) of this section.  In         1,248        

addition, the commission may develop and issue policies and        1,249        

directives to be followed by the Ohio SchoolNet office in          1,251        

implementing the programs under its jurisdiction.                  1,252        

      (B)  The Ohio SchoolNet office is hereby established as an   1,255        

independent agency. (C)(1)  The office COMMISSION shall be under   1,256        

the supervision of a AN EXECUTIVE director who shall be appointed  1,258        

by the Ohio SchoolNet commission.  The EXECUTIVE director shall    1,260        

serve at the pleasure of the commission and shall direct the       1,262        

office COMMISSION EMPLOYEES in the administration of all programs  1,264        

for the provision of financial and other assistance to school      1,265        

districts and other educational institutions for the acquisition   1,266        

                                                          31     


                                                                 
and utilization of educational technology.  The                                 

      (2)  THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL    1,269        

BE PLACED IN THE UNCLASSIFIED SERVICE.  THE COMMISSION SHALL FIX   1,270        

THE COMPENSATION OF THE EXECUTIVE DIRECTOR.  THE EXECUTIVE         1,271        

DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES  1,272        

AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE      1,273        

COMMISSION.  THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE      1,274        

EXECUTIVE DIRECTOR.                                                             

      (3)  THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL    1,277        

BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE  1,279        

PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED      1,281        

CODE.                                                                           

      (D)  THE Ohio SchoolNet office COMMISSION shall do all of    1,284        

the following:                                                     1,285        

      (1)  Make grants to institutions and other organizations as  1,287        

prescribed by the general assembly for the provision of technical  1,288        

assistance, professional development, and other support services   1,289        

to enable school districts, COMMUNITY SCHOOLS ESTABLISHED UNDER    1,290        

CHAPTER 3314. OF THE REVISED CODE, and other educational           1,292        

institutions to utilize educational technology;                                 

      (2)  Contract with the department of education, state        1,294        

institutions of higher education, private nonprofit institutions   1,295        

of higher education holding certificates of authorization under    1,296        

section 1713.02 of the Revised Code, and such other public or      1,297        

private entities, and employ such persons as the EXECUTIVE         1,298        

director of the office deems necessary for the administration and  1,299        

implementation of the programs under the office's COMMISSION'S     1,301        

jurisdiction;                                                                   

      (3)  Establish a reporting system to which school            1,303        

districts, COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF    1,304        

THE REVISED CODE, and other educational institutions receiving     1,306        

financial assistance pursuant to this section for the acquisition  1,307        

of educational technology report information as to the manner in   1,308        

which such assistance was expended, the manner in which the                     

                                                          32     


                                                                 
equipment or services purchased with the assistance is being       1,309        

utilized, the results or outcome of this utilization, and other    1,310        

information as may be required by the office COMMISSION;           1,311        

      (4)  Establish necessary guidelines governing purchasing     1,313        

and procurement by participants in programs administered by the    1,314        

office COMMISSION that facilitate the timely and effective         1,316        

implementation of such programs;                                                

      (5)  Implement TAKE INTO CONSIDERATION THE EFFICIENCY AND    1,318        

COST SAVINGS OF STATEWIDE PROCUREMENT PRIOR TO ALLOCATING AND      1,320        

RELEASING FUNDS FOR ANY PROGRAMS UNDER ITS ADMINISTRATION.         1,321        

      (E)(1)  THE EXECUTIVE DIRECTOR SHALL IMPLEMENT policies and  1,324        

directives issued by the Ohio SchoolNet commission established     1,327        

under division (A) of this section.                                             

      (2)  The Ohio SchoolNet office COMMISSION may establish a    1,330        

systems support network to facilitate the timely implementation    1,331        

of the programs, projects, or activities for which it provides     1,332        

assistance.                                                                     

      (3)  Chapters 123., 124., 125., and 153., and sections       1,334        

9.331, 9.332, and 9.333 of the Revised Code do not apply to        1,335        

contracts, programs, projects, or activities of the Ohio           1,337        

SchoolNet commission or Ohio SchoolNet office.                     1,338        

      For purposes of exercising collective bargaining rights      1,340        

under Chapter 4117. of the Revised Code, the employees of the      1,342        

Ohio SchoolNet office shall be placed in a bargaining unit         1,345        

separate from any other unit containing employees of the state.    1,346        

      Sec. 3301.801.  The office of information, learning, and     1,355        

technology services OHIO SCHOOLNET COMMISSION shall create and     1,357        

maintain a clearinghouse for classroom teachers, INCLUDING ANY     1,358        

CLASSROOM TEACHERS EMPLOYED BY COMMUNITY SCHOOLS ESTABLISHED       1,359        

UNDER CHAPTER 3314. OF THE REVISED CODE, to easily obtain lesson   1,360        

plans and materials and other practical resources for use in       1,361        

classroom teaching.  The office COMMISSION shall develop a method  1,362        

of obtaining submissions, from classroom teachers and others, of   1,364        

such plans, materials, and other resources that have been used in  1,365        

                                                          33     


                                                                 
the classroom and that can be readily used and implemented by      1,366        

classroom teachers in their regular teaching activities.  The      1,367        

office COMMISSION also shall develop methods of informing          1,368        

classroom teachers of both the availability of such plans,         1,370        

materials, and other resources, and of the opportunity to submit   1,371        

such plans, materials, and other resources and other classroom     1,372        

teaching ideas to the clearinghouse.                               1,373        

      The office COMMISSION shall periodically report to the       1,375        

speaker and minority leader of the house of representatives, the   1,377        

president and minority leader of the senate, and the chairpersons  1,378        

and ranking minority members of the education committees of the    1,379        

senate and the house of representatives regarding the                           

clearinghouse and make recommendations for changes in state law    1,380        

or administrative rules that may facilitate the usefulness of the  1,381        

clearinghouse.                                                                  

      Sec. 3302.01.  As used in this chapter:                      1,390        

      (A)  "Dropout rate" means one minus the graduation rate A    1,392        

STUDENT WHO WITHDRAWS FROM SCHOOL BEFORE COMPLETING COURSE         1,393        

REQUIREMENTS FOR GRADUATION AND WHO IS NOT ENROLLED IN AN          1,394        

EDUCATION PROGRAM APPROVED BY THE STATE BOARD OF EDUCATION OR AN   1,395        

EDUCATION PROGRAM OUTSIDE THE STATE.  "DROPOUT" DOES NOT INCLUDE   1,396        

A STUDENT WHO HAS DEPARTED THE COUNTRY.                                         

      (B)  "Graduation rate" means a calculation of the per cent   1,398        

PERCENTAGE of ninth grade students who graduate by the end of the  1,400        

summer following their twelfth grade year.  The graduation rate    1,401        

is the ratio of the students entering ninth grade to the number    1,402        

of those students receiving a diploma TO THE NUMBER OF STUDENTS    1,403        

WHO ENTERED NINTH GRADE four years later EARLIER. Students who     1,405        

transfer into the district are added to the calculation.                        

Students who transfer out of the district for reasons other than   1,406        

dropout are subtracted from the calculation.  Students who do not  1,408        

graduate WITHIN FOUR YEARS but who continue their high school                   

education in the following year in the same school district are    1,410        

removed from the calculation for that THE year IN WHICH THEY       1,411        

                                                          34     


                                                                 
WOULD HAVE GRADUATED and are added to the calculation for the      1,413        

subsequent year FOLLOWING YEAR'S GRADUATING CLASS AS IF THE        1,414        

STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE INTENDED                  

GRADUATION DATE OF THAT CLASS.  IN EACH SUBSEQUENT YEAR THAT SUCH  1,415        

STUDENTS DO NOT GRADUATE BUT CONTINUE THEIR HIGH SCHOOL EDUCATION  1,416        

UNINTERRUPTED IN THE SAME SCHOOL DISTRICT, SUCH STUDENTS SHALL BE  1,417        

REASSIGNED TO THE DISTRICT'S GRADUATION RATE FOR THAT YEAR BY      1,418        

ASSUMING THAT THE STUDENTS ENTERED NINTH GRADE FOUR YEARS BEFORE   1,419        

THE DATE OF THE INTENDED GRADUATION.  IF A STUDENT WHO WAS A       1,420        

DROPOUT IN ANY PREVIOUS YEAR RETURNS TO THE SAME SCHOOL DISTRICT,               

THAT STUDENT SHALL BE ENTERED INTO THE CALCULATION AS IF THE       1,421        

STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE GRADUATION   1,422        

YEAR OF THE GRADUATING CLASS THAT THE STUDENT JOINS.               1,423        

      (C)  "Attendance rate" means the ratio of the number of      1,425        

students actually in attendance over the course of a school year   1,426        

to the number of students who were required to be in attendance    1,427        

that school year, as calculated pursuant to rules of the           1,428        

superintendent of public instruction.                              1,429        

      (D)  "Three-year average" means the average of the most      1,431        

recent consecutive three years of data.                            1,432        

      (E)  "Required level of improvement" means at least one      1,435        

standard unit of improvement on at least the percentage of         1,436        

performance standards required to demonstrate overall              1,437        

improvement, in accordance with the rule approved under division   1,438        

(A) of section 3302.04 of the Revised Code.                        1,439        

      Sec. 3302.02.  The following are the expected state          1,448        

performance standards for school districts:                        1,449        

      (A)  A three NINETY per cent dropout GRADUATION rate;        1,452        

      (B)  At least seventy-five per cent of fourth graders        1,454        

proficient on the mathematics test prescribed by division (A)(1)   1,455        

of section 3301.0710 of the Revised Code;                          1,456        

      (C)  At least seventy-five per cent of fourth graders        1,458        

proficient on the reading test prescribed by division (A)(1) of    1,459        

section 3301.0710 of the Revised Code;                             1,460        

                                                          35     


                                                                 
      (D)  At least seventy-five per cent of fourth graders        1,462        

proficient on the writing test prescribed by division (A)(1) of    1,463        

section 3301.0710 of the Revised Code;                             1,464        

      (E)  At least seventy-five per cent of fourth graders        1,466        

proficient on the citizenship test prescribed by division (A)(1)   1,467        

of section 3301.0710 of the Revised Code;                          1,468        

      (F)  At least seventy-five per cent of ninth graders         1,470        

proficient on the mathematics test prescribed by division (B) of   1,471        

section 3301.0710 of the Revised Code;                             1,472        

      (G)  At least seventy-five per cent of ninth graders         1,474        

proficient on the reading test prescribed by division (B) of       1,475        

section 3301.0710 of the Revised Code;                             1,476        

      (H)  At least seventy-five per cent of ninth graders         1,478        

proficient on the writing test prescribed by division (B) of       1,479        

section 3301.0710 of the Revised Code;                             1,480        

      (I)  At least seventy-five per cent of ninth graders         1,482        

proficient on the citizenship test prescribed by division (B) of   1,483        

section 3301.0710 of the Revised Code;                             1,484        

      (J)  At least eighty-five per cent of tenth graders          1,486        

proficient on the mathematics test prescribed by division (B) of   1,487        

section 3301.0710 of the Revised Code;                             1,488        

      (K)  At least eighty-five per cent of tenth graders          1,490        

proficient on the reading test prescribed by division (B) of       1,491        

section 3301.0710 of the Revised Code;                             1,492        

      (L)  At least eighty-five per cent of tenth graders          1,494        

proficient on the writing test prescribed by division (B) of       1,495        

section 3301.0710 of the Revised Code;                             1,496        

      (M)  At least eighty-five per cent of tenth graders          1,498        

proficient on the citizenship test prescribed by division (B) of   1,499        

section 3301.0710 of the Revised Code;                             1,500        

      (N)  At least sixty per cent of twelfth graders proficient   1,502        

on the mathematics test prescribed by division (A)(3) of section   1,503        

3301.0710 of the Revised Code;                                     1,504        

      (O)  At least sixty per cent of twelfth graders proficient   1,506        

                                                          36     


                                                                 
on the reading test prescribed by division (A)(3) of section       1,507        

3301.0710 of the Revised Code;                                     1,508        

      (P)  At least sixty per cent of twelfth graders proficient   1,510        

on the writing test prescribed by division (A)(3) of section       1,511        

3301.0710 of the Revised Code;                                     1,512        

      (Q)  At least sixty per cent of twelfth graders proficient   1,514        

on the citizenship test prescribed by division (A)(3) of section   1,515        

3301.0710 of the Revised Code;                                     1,516        

      (R)  At least a ninety-three per cent attendance rate.       1,519        

      When sufficient data concerning the tests given pursuant to  1,522        

division (A)(2) of section 3301.0710 of the Revised Code and the   1,524        

science tests given pursuant to divisions (A)(1), (3), and (B) of  1,525        

section 3301.0710 of the Revised Code are available for the        1,527        

department of education  to establish performance standards for    1,529        

those tests, the department shall recommend a rule adding          1,531        

standards to reflect these additional tests.  The department       1,532        

shall also recommend a rule when necessary to allow for the        1,534        

phasing out of the ninth grade proficiency test and its            1,535        

replacement with a high school proficiency test pursuant to        1,536        

section 3301.0710 of the Revised Code as amended by this act       1,537        

AMENDED SUBSTITUTE SENATE BILL NO. 55 OF THE 122nd GENERAL         1,539        

ASSEMBLY.  The rules shall not recommend any standard be           1,541        

established for passage of the fourth grade reading test that is   1,542        

solely based on the test given in the fall for the purpose of                   

determining whether students have met the fourth grade guarantee   1,544        

provisions of section 3313.608 of the Revised Code.                1,545        

      Rules recommended by the department under this section       1,548        

shall not take effect unless approved by joint resolution of the   1,549        

general assembly.                                                               

      Sec. 3302.03.  (A)  Beginning with the fiscal year that      1,558        

starts on July 1, 1999, every three years the department of        1,560        

education shall calculate and report for each school district its  1,561        

percentages on each of the performance indicators listed in        1,562        

section 3302.02 of the Revised Code and shall specify for each     1,563        

                                                          37     


                                                                 
such district the extent to which the acceptable performance       1,565        

indicator has been achieved and whether the district is an                      

effective school district, needs continuous improvement, is under  1,566        

an academic watch, or is in a state of academic emergency.         1,567        

      (B)(1)  A school district shall be declared an effective     1,569        

school district if it meets at least ninety-four per cent of the   1,571        

state performance standards.                                                    

      (2)  A school district shall be declared to be in need of    1,573        

continuous improvement if it meets more than fifty per cent but    1,574        

less than ninety-four per cent of the state performance            1,575        

standards.                                                         1,576        

      (3)  A school district shall be declared to be under an      1,578        

academic watch if it meets more than thirty-three per cent but     1,579        

not more than fifty per cent of the state performance standards.   1,581        

      (4)  A school district shall be declared to be in a state    1,583        

of academic emergency if it does not meet more than thirty-three   1,584        

per cent of the state performance standards.                       1,585        

      (C)  Whenever feasible, the department shall utilize         1,587        

three-year averaging of the district's percentages on the          1,588        

performance standards specified in section 3302.02 of the Revised  1,589        

Code.                                                                           

      (D)(1)  The department shall issue annual report cards for   1,591        

each shool SCHOOL district and for the state as a whole based on   1,593        

education and fiscal performance data.                             1,594        

      (2)  The department shall not include in the report card     1,596        

required by this division proficiency test passage data according  1,597        

to any ethnic, racial, or gender classification.                   1,598        

      (E)  IN CALCULATING THE PROFICIENCY TEST PASSAGE RATES       1,600        

UNDER THIS SECTION, THE DEPARTMENT SHALL EXCLUDE FROM THE          1,601        

CALCULATION ANY STUDENTS EXEMPTED FROM THE REQUIREMENT TO TAKE     1,602        

THE APPLICABLE PROFICIENCY TEST PURSUANT TO DIVISION (C)(1) OR     1,603        

(3) OF SECTION 3301.0711 OF THE REVISED CODE, WHETHER OR NOT THE   1,604        

STUDENT CHOSE TO TAKE THE TEST VOLUNTARILY IN SPITE OF THE         1,605        

EXEMPTION GRANTED IN THAT DIVISION.                                             

                                                          38     


                                                                 
      Sec. 3302.07.  (A)  The board of education of any school     1,614        

district or, the governing board of any educational service        1,615        

center, OR THE ADMINISTRATIVE AUTHORITY OF ANY CHARTERED           1,616        

NONPUBLIC SCHOOL may submit to the state board of education an     1,617        

application proposing an innovative education pilot program the    1,618        

implementation of which requires exemptions from specific          1,619        

statutory provisions or rules.  If a district or service center    1,620        

board employs teachers under a collective bargaining agreement     1,621        

adopted pursuant to Chapter 4117. of the Revised Code, any         1,622        

application submitted under this division shall include the        1,623        

written consent of the teachers' employee representative           1,624        

designated under division (B) of section 4117.04 of the Revised    1,625        

Code.  The exemptions requested in the application shall be        1,626        

limited to any requirement of Title XXXIII of the Revised Code or  1,627        

of any rule of the state board adopted pursuant to that title      1,628        

except that the application may not propose an exemption from any  1,629        

requirement of or rule adopted pursuant to Chapter 3307. or        1,630        

3309., sections 3319.07 to 3319.21, or Chapter 3323. of the        1,631        

Revised Code.                                                                   

      (B)  The state board of education shall accept any           1,633        

application submitted in accordance with division (A) of this      1,634        

section.  The superintendent of public instruction shall approve   1,635        

or disapprove the application in accordance with standards for     1,637        

approval, which shall be adopted by the state board.                            

      (C)  The superintendent of public instruction shall exempt   1,639        

each district or service center board OR CHARTERED NONPUBLIC       1,640        

SCHOOL ADMINISTRATIVE AUTHORITY with an application approved       1,641        

under division (B) of this section for a specified period from     1,643        

the statutory provisions or rules specified in the approved        1,644        

application.  The period of exemption shall not exceed the period  1,645        

during which the pilot program proposed in the application is      1,646        

being implemented and a reasonable period to allow for evaluation  1,647        

of the effectiveness of the program.                               1,648        

      Sec. 3311.19.  (A)  The management and control of a joint    1,657        

                                                          39     


                                                                 
vocational school district shall be vested in the joint            1,658        

vocational school district board of education.  Where a joint      1,659        

vocational school district is composed only of two or more local   1,660        

school districts located in one county, or when all the            1,661        

participating districts are in one county and the boards of such   1,662        

participating districts so choose, the educational service center  1,664        

governing board of the county in which the joint vocational        1,665        

school district is located shall serve as the joint vocational     1,666        

school district board of education.  Where a joint vocational      1,667        

school district is composed of local school districts of more      1,668        

than one county, or of any combination of city, local, or          1,669        

exempted village school districts or educational service centers,  1,670        

unless administration by the educational service center governing  1,671        

board has been chosen by all the participating districts in one    1,673        

county pursuant to this section, the board of education of the     1,674        

joint vocational school district shall be composed of one or more  1,675        

persons who are members of the boards of education from each of    1,676        

the city or exempted village school districts or members of the    1,677        

educational service centers' governing boards affected to be       1,678        

appointed by the boards of education or governing boards of such   1,679        

school districts and educational service centers.  In such joint   1,680        

vocational school districts the number and terms of members of     1,682        

the joint vocational school district board of education and the    1,683        

allocation of a given number of members to each of the city and    1,684        

exempted village districts and educational service centers shall   1,685        

be determined in the plan for such district, provided that each    1,687        

such joint vocational school district board of education shall be  1,688        

composed of an odd number of members.                                           

      (B)  Notwithstanding division (A) of this section, a         1,690        

governing board of an educational service center that has members  1,691        

of its governing board serving on a joint vocational school        1,694        

district board of education may make a request to the joint        1,695        

vocational district board that the joint vocational school         1,696        

district plan be revised to provide for one or more members of     1,697        

                                                          40     


                                                                 
boards of education of local school districts that are within the  1,698        

territory of the educational service district and within the       1,699        

joint vocational school district to serve in the place of or in    1,700        

addition to its educational service center governing board         1,701        

members.  If agreement is obtained among a majority of the boards  1,703        

of education and governing boards that have a member serving on    1,705        

the joint vocational school district board of education and among  1,706        

a majority of the local school district boards of education        1,707        

included in the district and located within the territory of the   1,708        

educational service center whose board requests the substitution   1,709        

or addition, the state board of education may revise the joint     1,710        

vocational school district plan to conform with such agreement.    1,711        

      (C)  If the board of education of any school district or     1,714        

educational service center governing board included within a                    

joint vocational district that has had its board or governing      1,716        

board membership revised under division (B) of this section                     

requests the joint vocational school district board to submit to   1,717        

the state board of education a revised plan under which one or     1,718        

more joint vocational board members chosen in accordance with a    1,719        

plan revised under such division would again be chosen in the      1,720        

manner prescribed by division (A) of this section, the joint       1,721        

vocational board shall submit the revised plan to the state board  1,722        

of education, provided the plan is agreed to by a majority of the  1,723        

boards of education represented on the joint vocational board, a   1,724        

majority of the local school district boards included within the   1,725        

joint vocational district, and each educational service center     1,726        

governing board affected by such plan.  The state board of         1,728        

education may revise the joint vocational school district plan to  1,729        

conform with the revised plan.                                     1,730        

      (D)  The vocational schools in such joint vocational school  1,732        

district shall be available to all youth of school age within the  1,733        

joint vocational school district subject to the rules adopted by   1,734        

the joint vocational school district board of education in regard  1,735        

to the standards requisite to admission.  A joint vocational       1,736        

                                                          41     


                                                                 
school district board of education shall have the same powers,     1,737        

duties, and authority for the management and operation of such     1,738        

joint vocational school district as is granted by law, except by   1,739        

this chapter and Chapters 124., 3317., 3323., and 3331. of the     1,740        

Revised Code, to a board of education of a city school district,   1,741        

and shall be subject to all the provisions of law that apply to a  1,742        

city school district, except such provisions in this chapter and   1,743        

Chapters 124., 3317., 3323., and 3331. of the Revised Code.        1,744        

      (E)  Where a governing board of an educational service       1,747        

center has been designated to serve as the joint vocational        1,748        

school district board of education, the educational service        1,749        

center superintendent shall be the executive officer for the       1,750        

joint vocational school district, and the governing board may      1,751        

provide for additional compensation to be paid to him THE          1,752        

EDUCATIONAL SERVICE CENTER SUPERINTENDENT by the joint vocational  1,753        

school district, but he THE EDUCATIONAL SERVICE CENTER             1,754        

SUPERINTENDENT shall have no continuing tenure other than that of  1,756        

educational service center superintendent.  The superintendent of  1,758        

schools of a joint vocational school district shall exercise the   1,759        

duties and authority vested by law in a superintendent of schools  1,760        

pertaining to the operation of a school district and the           1,761        

employment and supervision of its personnel.  The joint                         

vocational school district board of education shall appoint a      1,763        

treasurer of the joint vocational school district who shall be     1,764        

the fiscal officer for such district and who shall have all the    1,765        

powers, duties, and authority vested by law in a treasurer of a    1,766        

board of education.  Where a governing board of an educational     1,767        

service center has been designated to serve as the joint           1,768        

vocational school district board of education, such board may      1,769        

appoint the educational service center superintendent as the       1,771        

treasurer of the joint vocational school district.                 1,772        

      (F)  Each member of a joint vocational school district       1,774        

board of education may be paid such compensation as the board      1,775        

provides by resolution, but it shall not exceed eighty dollars     1,776        

                                                          42     


                                                                 
per member for meetings EACH MEETING attended, not exceeding       1,777        

twelve meetings in any one year, plus mileage, at the rate per     1,779        

mile provided by resolution of the board, to and from such         1,781        

meetings of the board.                                                          

      The board may provide by resolution for the deduction of     1,783        

amounts payable for benefits under division (D) of section         1,784        

3313.202 of the Revised Code.  No member of a board of a joint     1,785        

vocational school district who is purchasing any category of       1,786        

benefits under such section offered by a city, local, or exempted  1,787        

village school board or educational service center governing       1,788        

board, shall purchase the same category of benefits as a member    1,789        

of the joint vocational school board.                              1,790        

      Sec. 3311.213.  (A)   With the approval of the board of      1,799        

education of a joint vocational school district which is in        1,800        

existence, any school district in the county or counties           1,801        

comprising the joint vocational school district or any school      1,802        

district in a county adjacent to a county comprising part of a     1,803        

joint vocational school district may become a part of the joint    1,804        

vocational school district.  On the adoption of a resolution of    1,805        

approval by the board of education of the joint vocational school  1,806        

district, it shall advertise a copy of such resolution in a        1,807        

newspaper of general circulation in the school district proposing  1,808        

to become a part of such joint vocational school district once     1,809        

each week for at least two weeks immediately following the date    1,810        

of the adoption of such resolution.  Such resolution shall NOT     1,811        

become legally effective on UNTIL the sixtieth LATER OF THE        1,812        

SIXTY-FIRST day after its adoption unless prior to the expiration  1,814        

of such sixty-day period qualified electors residing in the        1,815        

school district proposed to become a part of the joint vocational  1,816        

school district equal in number to a majority of the qualified     1,817        

electors voting at the last general election file with such board  1,818        

of education a petition of remonstrance against such transfer OR   1,819        

UNTIL THE BOARD OF ELECTIONS CERTIFIES THE RESULTS OF AN ELECTION  1,820        

IN FAVOR OF JOINING OF THE SCHOOL DISTRICT TO THE JOINT                         

                                                          43     


                                                                 
VOCATIONAL SCHOOL DISTRICT IF SUCH AN ELECTION IS HELD UNDER       1,821        

DIVISION (B) OF THIS SECTION.                                      1,822        

      (B)  DURING THE SIXTY-DAY PERIOD FOLLOWING THE DATE OF THE   1,825        

ADOPTION OF A RESOLUTION TO JOIN A SCHOOL DISTRICT TO A JOINT      1,827        

VOCATIONAL SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION,     1,828        

THE ELECTORS OF THE SCHOOL DISTRICT THAT PROPOSES JOINING THE      1,830        

JOINT VOCATIONAL SCHOOL DISTRICT MAY PETITION FOR A REFERENDUM     1,831        

VOTE ON THE RESOLUTION.  THE QUESTION WHETHER TO APPROVE OR        1,832        

DISAPPROVE THE RESOLUTION SHALL BE SUBMITTED TO THE ELECTORS OF    1,833        

SUCH SCHOOL DISTRICT IF A NUMBER OF QUALIFIED ELECTORS EQUAL TO    1,834        

TWENTY PER CENT OF THE NUMBER OF ELECTORS IN THE SCHOOL DISTRICT   1,835        

WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE MOST RECENT GENERAL    1,836        

ELECTION FOR THAT OFFICE SIGN A PETITION ASKING THAT THE QUESTION  1,837        

OF WHETHER THE RESOLUTION SHALL BE DISAPPROVED BE SUBMITTED TO     1,838        

THE ELECTORS.  THE PETITION SHALL BE FILED WITH THE BOARD OF       1,839        

ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED.   1,840        

IF THE SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE     1,842        

PETITION SHALL BE FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY  1,843        

IN WHICH THE MAJORITY OF THE TERRITORY OF THE SCHOOL DISTRICT IS   1,844        

LOCATED.  THE BOARD SHALL CERTIFY THE VALIDITY AND SUFFICIENCY OF  1,846        

THE SIGNATURES ON THE PETITION.                                    1,847        

      THE BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE BOARD    1,850        

OF EDUCATION OF THE JOINT VOCATIONAL SCHOOL DISTRICT AND THE       1,851        

BOARD OF EDUCATION OF THE SCHOOL DISTRICT THAT PROPOSES JOINING    1,852        

THE JOINT VOCATIONAL SCHOOL DISTRICT THAT THE PETITION HAS BEEN    1,853        

FILED.                                                                          

      THE EFFECT OF THE RESOLUTION SHALL BE STAYED UNTIL THE       1,855        

BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND SUFFICIENCY OF THE   1,856        

SIGNATURES ON THE PETITION.  IF THE BOARD OF ELECTIONS DETERMINES  1,858        

THAT THE PETITION DOES NOT CONTAIN A SUFFICIENT NUMBER OF VALID    1,859        

SIGNATURES AND SIXTY DAYS HAVE PASSED SINCE THE ADOPTION OF THE    1,860        

RESOLUTION, THE RESOLUTION SHALL BECOME EFFECTIVE.                 1,861        

      IF THE BOARD OF ELECTIONS CERTIFIES THAT THE PETITION        1,863        

CONTAINS A SUFFICIENT NUMBER OF VALID SIGNATURES, THE BOARD SHALL  1,865        

                                                          44     


                                                                 
SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE SCHOOL        1,866        

DISTRICT ON THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION HELD   1,869        

AT LEAST SEVENTY-FIVE DAYS AFTER BUT NO LATER THAN SIX MONTHS      1,870        

AFTER THE BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND            1,871        

SUFFICIENCY OF SIGNATURES ON THE PETITION.  IF THERE IS NO         1,872        

GENERAL OR PRIMARY ELECTION HELD AT LEAST SEVENTY-FIVE DAYS AFTER  1,873        

BUT NO LATER THAN SIX MONTHS AFTER THE BOARD OF ELECTIONS          1,874        

CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE        1,875        

PETITION, THE BOARD SHALL SUBMIT THE QUESTION TO THE ELECTORS AT   1,876        

A SPECIAL ELECTION TO BE HELD ON THE NEXT DAY SPECIFIED FOR        1,877        

SPECIAL ELECTIONS IN DIVISION (D) OF SECTION 3501.01 OF THE        1,878        

REVISED CODE THAT OCCURS AT LEAST SEVENTY-FIVE DAYS AFTER THE                   

BOARD CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE  1,879        

PETITION.  THE ELECTION SHALL BE CONDUCTED AND CANVASSED AND THE   1,880        

RESULTS SHALL BE CERTIFIED IN THE SAME MANNER AS IN REGULAR        1,881        

ELECTIONS FOR THE ELECTION OF MEMBERS OF A BOARD OF EDUCATION.     1,882        

      IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION         1,884        

DISAPPROVE THE RESOLUTION, THE RESOLUTION SHALL NOT BECOME         1,886        

EFFECTIVE.                                                                      

      (C)  If such THE resolution becomes legally effective, the   1,889        

board of education of the joint vocational school district shall   1,890        

notify the county auditor of the county in which the school        1,891        

district becoming a part of the joint vocational school district   1,892        

is located, who shall thereupon have any outstanding levy for      1,893        

building purposes, bond retirement, or current expenses in force   1,894        

in the joint vocational school district spread over the territory  1,895        

of the school district becoming a part of the joint vocational     1,896        

school district.  On the addition of a city or exempted village    1,898        

school district or an educational service center to the joint                   

vocational school district, pursuant to this section, the board    1,900        

of education of such joint vocational school district shall        1,901        

submit to the state board of education a proposal to enlarge the   1,902        

membership of such board by the addition of one or more persons    1,903        

at least one of whom shall be a member of the board of education   1,904        

                                                          45     


                                                                 
or governing board of such additional school district or           1,905        

educational service center, and the term of each such additional   1,906        

member.  On the addition of a local school district to the joint   1,908        

vocational school district, pursuant to this section, the board    1,909        

of education of such joint vocational school district may submit   1,910        

to the state board of education a proposal to enlarge the          1,911        

membership of such board by the addition of one or more persons    1,912        

who are members of the educational service center governing board  1,913        

of such additional local school district.  On approval by the      1,915        

state board of education additional members shall be added to      1,916        

such joint vocational school district board of education.          1,917        

      Sec. 3311.24.  (A)  Except as provided in division (B) of    1,926        

this section, if the board of education of a city school district  1,927        

or of an, exempted village, OR LOCAL school district deems it      1,929        

advisable to transfer territory from such district to an           1,930        

adjoining city or, exempted village, OR LOCAL school district or   1,931        

to an educational service center, or if a petition, signed by      1,933        

seventy-five per cent of the qualified electors residing within    1,934        

that portion of a city or, exempted village, OR LOCAL school       1,935        

district proposed to be transferred voting at the last general     1,937        

election, requests such a transfer, the board of education of the  1,938        

district in which such proposal originates shall file such         1,939        

proposal, together with a map showing the boundaries of the        1,940        

territory proposed to be transferred, with the state board of      1,941        

education prior to the first day of April in any even-numbered     1,942        

year.  The state board of education may, if it is advisable,       1,943        

provide for a hearing in any suitable place in any of the school   1,944        

districts affected by such proposed transfer of territory.  The    1,945        

state board of education or its representatives shall preside at   1,946        

any such hearing.                                                               

      Not later than the first day of September the state board    1,948        

of education shall either approve or disapprove a proposed         1,949        

transfer of territory filed with it as provided by this section    1,950        

and shall notify, in writing, the boards of education of the       1,951        

                                                          46     


                                                                 
districts affected by such proposed transfer of territory of its   1,952        

decision.                                                          1,953        

      If the decision of the state board of education is an        1,955        

approval of the proposed transfer of territory then the board of   1,956        

education of the district in which the territory is located        1,957        

shall, within thirty days after receiving the state board of       1,958        

education's decision, adopt a resolution transferring the          1,959        

territory and shall forthwith submit a copy of such resolution to  1,960        

the treasurer of the board of education of the city or, exempted   1,961        

village, OR LOCAL school district or educational service center    1,963        

to which the territory is transferred.  Such transfer shall not    1,965        

be complete however, until:                                                     

      (1)  A resolution accepting the transfer has been passed by  1,967        

a majority vote of the full membership of the board of education   1,968        

of the city or, exempted village, OR LOCAL school district or      1,970        

educational service center governing board to which the territory  1,971        

is transferred;                                                                 

      (2)  An equitable division of the funds and indebtedness     1,973        

between the districts and educational service centers involved     1,974        

has been made by the board of education making the transfer;       1,977        

      (3)  A map showing the boundaries of the territory           1,979        

transferred has been filed, by the board of education or           1,980        

educational service center accepting the transfer, with the        1,982        

county auditor of each county affected by the transfer.            1,983        

      When such transfer is complete the legal title of the        1,985        

school property in the territory transferred shall be vested in    1,986        

the board of education or governing board of the school district   1,987        

or educational service center to which the territory is            1,989        

transferred.                                                                    

      (B)  Whenever the transfer of territory pursuant to this     1,991        

section is initiated by a board of education, the board shall,     1,992        

before filing a proposal for transfer with the state board of      1,993        

education under this section, make a good faith effort to          1,994        

negotiate the terms of transfer with any other school district or  1,995        

                                                          47     


                                                                 
educational service center whose territory would be affected by    1,998        

the transfer.  Before the state board may hold a hearing on the    1,999        

transfer, or approve or disapprove any such transfer, it must      2,000        

receive the following:                                                          

      (1)  A resolution requesting approval of the transfer,       2,002        

passed by the school district submitting the proposal;             2,003        

      (2)  Evidence determined to be sufficient by the state       2,005        

board to show that good faith negotiations have taken place or     2,006        

that the district requesting the transfer has made a good faith    2,007        

effort to hold such negotiations;                                  2,008        

      (3)  If any negotiations took place, a statement signed by   2,010        

all boards and governing boards that participated in the           2,011        

negotiations, listing the terms agreed on and the points on which  2,014        

no agreement could be reached.                                     2,015        

      Negotiations held pursuant to this section shall be          2,017        

governed by the rules adopted by the state board under division    2,018        

(D) of section 3311.06 of the Revised Code.  Districts and         2,019        

educational service centers involved in a transfer under division  2,021        

(B) of this section may agree to share revenues from the property  2,022        

included in the territory to be transferred, establish             2,023        

cooperative programs between the participating districts, and      2,024        

establish mechanisms for the settlement of any future boundary     2,025        

disputes.                                                                       

      Sec. 3313.603.  (A)  As used in this section:                2,034        

      (1)  "One unit" means a minimum of one hundred twenty hours  2,037        

of course instruction, except that for a laboratory course, "one   2,039        

unit" means a minimum of one hundred fifty hours of course         2,040        

instruction.                                                                    

      (2)  "One-half unit" means a minimum of sixty hours of       2,043        

course instruction, except that for physical education courses,    2,044        

"one-half unit" means a minimum of one hundred twenty hours of     2,045        

course instruction.                                                             

      (B)  Beginning September 15, 2001, the requirements for      2,047        

graduation from every high school shall include twenty-one units   2,049        

                                                          48     


                                                                 
earned in grades nine through twelve and shall be distributed as   2,050        

follows:                                                                        

      (1)  English language arts, four units;                      2,052        

      (2)  Health, one-half unit;                                  2,054        

      (3)  Mathematics, three units;                               2,056        

      (4)  Physical education, one-half unit;                      2,058        

      (5)  Science, two units until September 15, 2003, and three  2,060        

units thereafter, which at all times shall include both of the     2,061        

following:                                                         2,062        

      (a)  Biological sciences, one unit;                          2,065        

      (b)  Physical sciences, one unit.                            2,068        

      (6)  Social studies, three units, which shall include both   2,070        

of the following:                                                  2,071        

      (a)  American history, one-half unit;                        2,074        

      (b)  American government, one-half unit.                     2,077        

      (7)  Elective units, eight units until September 15, 2003,   2,079        

and seven units thereafter.                                        2,080        

      Each student's electives shall include at least one unit,    2,082        

or two half units, chosen from among the areas of                  2,083        

business/technology, fine arts, and/or foreign language.           2,084        

      (C)  Every high school may permit students below the ninth   2,087        

grade to take advanced work for credit.  A high school shall       2,088        

count such advanced work toward the graduation requirements of     2,089        

division (B) of this section if the advanced work was both:        2,090        

      (1)  Taught by a person who possesses a license or           2,092        

certificate issued under section 3319.22 or 3319.222 of the        2,093        

Revised Code that is valid for teaching high school;               2,095        

      (2)  Designated by the board of education of the city,       2,097        

local, or exempted village school district or, the board of the    2,098        

cooperative education school district, OR THE GOVERNING AUTHORITY  2,100        

OF THE CHARTERED NONPUBLIC SCHOOL as meeting the high school       2,101        

curriculum requirements.                                                        

      (D)  Units earned in English language arts, mathematics,     2,104        

science, and social studies that are delivered through integrated  2,105        

                                                          49     


                                                                 
academic and technical instruction are eligible to meet the        2,106        

graduation requirements of division (B) of this section.           2,107        

      Sec. 3313.608.  (A)  Beginning with students who enter       2,116        

fourth grade in the school year that starts July 1, 2001, no       2,119        

city, exempted village, or local school district shall promote to  2,120        

fifth grade any student who fails to attain the score designated   2,121        

under division (A)(1) of section 3301.0710 of the Revised Code on  2,124        

the test prescribed under that division to measure skill in        2,125        

reading, unless either of the following applies:                   2,126        

      (1)  The pupil was excused from taking the test under        2,128        

division (C)(1) of section 3301.0711 of the Revised Code;          2,130        

      (2)  The pupil's principal and reading teacher agree that    2,132        

the pupil is academically prepared, as determined pursuant to the  2,134        

district policy adopted under section 3313.609 of the Revised      2,135        

Code, to be promoted to fifth grade.                                            

      (B)(1)  To assist students in meeting this fourth grade      2,137        

guarantee established by this section, each city, exempted         2,138        

village, and local school district shall adopt policies and        2,139        

procedures with which it shall, beginning in the school year that  2,140        

starts July 1, 1998, annually assess the reading skills of each    2,142        

student at the end of first, second, and third grade and identify  2,143        

students who are reading below their grade level.  The policy and  2,144        

procedures shall require the students' classroom teachers to be    2,145        

involved in the assessment and the identification of students      2,146        

reading below grade level.  The district shall notify the parent   2,147        

or guardian of each student whose reading skills are below grade   2,148        

level and, in accordance with division (C) of this section,        2,150        

provide intervention services to each student reading below grade  2,151        

level.                                                                          

      (2)  For each student identified as reading below grade      2,153        

level at the end of third grade, the district shall offer intense  2,155        

remediation services during the summer following third grade.      2,156        

      (3)  For each student entering fourth grade after July 1,    2,158        

2001, who does not attain by the end of the fourth grade the       2,159        

                                                          50     


                                                                 
score designated under division (A)(1) of section 3301.0710 of     2,161        

the Revised Code on the test prescribed under that division to     2,164        

measure skill in reading, the district also shall offer intense    2,165        

remediation services, and another opportunity to take that test,   2,166        

during the summer following fourth grade.                          2,167        

      (C)  For each student required to be offered remediation     2,170        

services under this section, the district shall involve the        2,171        

student's parent or guardian and classroom teacher in developing   2,172        

the intervention strategy, and shall offer to the parent or        2,173        

guardian the opportunity to be involved in the intervention        2,174        

services.                                                                       

      (D)  Beginning in the summer of 1999, in addition to the     2,176        

remediation requirements of divisions (B) and (C) of this          2,177        

section, every city, exempted village, or local school district    2,178        

shall offer summer remediation to any student who has failed to    2,179        

attain the designated scores on three or more of the five tests    2,180        

described by division (A)(1) or (2) of section 3301.0710 of the    2,181        

Revised Code.                                                                   

      (E)  ANY SUMMER REMEDIATION SERVICES FUNDED IN WHOLE OR IN   2,184        

PART BY THE STATE AND OFFERED BY SCHOOL DISTRICTS TO STUDENTS                   

UNDER THIS SECTION SHALL MEET THE FOLLOWING CONDITIONS:            2,185        

      (1)  THE REMEDIATION METHODS ARE BASED ON RELIABLE           2,187        

EDUCATIONAL RESEARCH.                                              2,188        

      (2)  THE SCHOOL DISTRICTS CONDUCT TESTING BEFORE AND AFTER   2,190        

STUDENTS PARTICIPATE IN THE PROGRAM TO FACILITATE MONITORING       2,191        

RESULTS OF THE REMEDIATION SERVICES.                               2,192        

      (3)  THE PARENTS OF PARTICIPATING STUDENTS ARE INVOLVED IN   2,194        

PROGRAMMING DECISIONS.                                             2,195        

      (4)  THE SERVICES ARE CONDUCTED IN A SCHOOL BUILDING OR      2,197        

COMMUNITY CENTER AND NOT ON AN AT-HOME BASIS.                      2,198        

      Sec. 3313.61.  (A)  A diploma shall be granted by the board  2,207        

of education of any city, exempted village, or local school        2,208        

district that operates a high school to any person to whom all of  2,209        

the following apply:                                               2,210        

                                                          51     


                                                                 
      (1)  The person has successfully completed the curriculum    2,212        

in any high school or the individualized education program         2,213        

developed for the person by any high school pursuant to section    2,214        

3323.08 of the Revised Code;                                       2,215        

      (2)  The person has attained at least the applicable scores  2,217        

designated under division (B) of section 3301.0710 of the Revised  2,218        

Code on all the tests required by that division unless the person  2,219        

was excused from taking any such test pursuant to division (C)(1)  2,220        

of section 3301.0711 or section 3313.532 of the Revised Code or    2,221        

unless division (H) of this section applies to the person;         2,222        

      (3)  The person is not eligible to receive an honors         2,224        

diploma granted pursuant to division (B) of this section.          2,225        

      Except as provided in divisions (C), (E), and (J) of this    2,228        

section, no diploma shall be granted under this division to        2,229        

anyone except as provided under this division.                     2,230        

      (B)  In lieu of a diploma granted under division (A) of      2,232        

this section, an honors diploma shall be granted, in accordance    2,233        

with rules of the state board of education, by any such district   2,234        

board to anyone who successfully completes the curriculum in any   2,235        

high school or the individualized education program developed for  2,236        

the person by any high school pursuant to section 3323.08 of the   2,237        

Revised Code, who has attained at least the applicable scores      2,238        

designated under division (B) of section 3301.0710 of the Revised  2,239        

Code on all the tests required by that division, and who has met   2,240        

additional criteria established by the state board for the         2,241        

granting of such a diploma.  Except as provided in divisions (C),  2,243        

(E), and (J) of this section, no honors diploma shall be granted   2,244        

to anyone failing to comply with this division and no more than    2,245        

one honors diploma shall be granted to any student under this      2,246        

division.                                                          2,247        

      The state board shall adopt rules prescribing the granting   2,249        

of honors diplomas under this division.  These rules may           2,250        

prescribe the granting of honors diplomas that recognize a         2,251        

student's achievement as a whole or that recognize a student's     2,252        

                                                          52     


                                                                 
achievement in one or more specific subjects or both.  In any      2,253        

case, the rules shall designate two or more criteria for the       2,254        

granting of each type of honors diploma the board establishes      2,255        

under this division and the number of such criteria that must be   2,256        

met for the granting of that type of diploma.  The number of such  2,257        

criteria for any type of honors diploma shall be at least one      2,258        

less than the total number of criteria designated for that type    2,259        

and no one or more particular criteria shall be required of all    2,260        

persons who are to be granted that type of diploma.                2,261        

      (C)  Any such district board administering any of the tests  2,263        

required by section 3301.0710 of the Revised Code to any person    2,264        

requesting to take such test pursuant to division (B)(5)(b) of     2,266        

section 3301.0711 of the Revised Code shall award a diploma to     2,267        

such person if the person attains at least the applicable scores   2,269        

designated under division (B) of section 3301.0710 of the Revised  2,270        

Code on all the tests administered and if the person has           2,271        

previously attained the applicable scores on all the other tests   2,273        

required by division (B) of that section or has been exempted or   2,274        

excused from any such test pursuant to division (H) of this        2,275        

section or division (C)(1) of section 3301.0711 or section         2,276        

3313.532 of the Revised Code.                                      2,277        

      (D)  Each diploma awarded under this section shall be        2,279        

signed by the president and treasurer of the issuing board, the    2,280        

superintendent of schools, and the principal of the high school.   2,281        

Each diploma shall bear the date of its issue, be in such form as  2,282        

the district board prescribes, and be paid for out of the          2,283        

district's general fund.                                           2,284        

      (E)  A person who is a resident of Ohio and is eligible      2,286        

under state board of education minimum standards to receive a      2,287        

high school diploma based in whole or in part on credits earned    2,288        

while an inmate of a correctional institution operated by the      2,289        

state or any political subdivision thereof, shall be granted such  2,290        

diploma by the correctional institution operating the programs in  2,291        

which such credits were earned, and by the board of education of   2,292        

                                                          53     


                                                                 
the school district in which the inmate resided immediately prior  2,293        

to the inmate's placement in the institution.  The diploma         2,294        

granted by the correctional institution shall be signed by the     2,296        

director of the institution, and by the person serving as          2,297        

principal of the institution's high school and shall bear the      2,298        

date of issue.                                                                  

      (F)  Persons who are not residents of Ohio but who are       2,300        

inmates of correctional institutions operated by the state or any  2,301        

political subdivision thereof, and who are eligible under state    2,302        

board of education minimum standards to receive a high school      2,303        

diploma based in whole or in part on credits earned while an       2,304        

inmate of the correctional institution, shall be granted a         2,305        

diploma by the correctional institution offering the program in    2,306        

which the credits were earned.  The diploma granted by the         2,307        

correctional institution shall be signed by the director of the    2,308        

institution and by the person serving as principal of the          2,309        

institution's high school and shall bear the date of issue.        2,310        

      (G)  The state board of education shall provide by rule for  2,312        

the administration of the tests required by section 3301.0710 of   2,313        

the Revised Code to inmates of correctional institutions.          2,314        

      (H)  Any person to whom all of the following apply shall be  2,316        

exempted from attaining the applicable score on the test in        2,317        

citizenship designated under division (B) of section 3301.0710 of  2,318        

the Revised Code:                                                  2,319        

      (1)  The person is not a citizen of the United States;       2,321        

      (2)  The person is not a permanent resident of the United    2,323        

States;                                                            2,324        

      (3)  The person indicates no intention to reside in the      2,327        

United States after the completion of high school.                              

      (I)  Notwithstanding division (D) of section 3311.19 and     2,329        

division (D) of section 3311.52 of the Revised Code, this section  2,330        

and section 3311.611 of the Revised Code do not apply to the       2,331        

board of education of any joint vocational school district or any  2,332        

cooperative education school district established pursuant to      2,333        

                                                          54     


                                                                 
divisions (A) to (C) of section 3311.52 of the Revised Code.       2,334        

      (J)  Upon receipt of a notice under division (D) of section  2,337        

3325.08 of the Revised Code that a student has received a diploma  2,338        

under that section, the board of education receiving the notice    2,339        

may grant a high school diploma under this section to the          2,340        

student, except that such board shall grant the student a diploma  2,341        

if the student meets the graduation requirements that the student               

would otherwise have had to meet to receive a diploma from the     2,342        

district.  The diploma granted under this section shall be of the  2,344        

same type the notice indicates the student received under section               

3325.08 of the Revised Code.                                       2,345        

      (K)  AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT"     2,347        

HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711    2,349        

OF THE REVISED CODE.                                               2,350        

      NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS   2,352        

PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED    2,355        

CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE                       

APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION         2,357        

3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS        2,358        

REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS    2,359        

SECTION.                                                                        

      Sec. 3313.611.  (A)  The state board of education shall      2,368        

adopt, by rule, standards for awarding high school credit          2,369        

equivalent to credit for completion of high school academic and    2,370        

vocational education courses to applicants for diplomas under      2,371        

this section.  The standards may permit high school credit to be   2,372        

granted to an applicant for any of the following:                  2,373        

      (1)  Work experiences or experiences as a volunteer;         2,375        

      (2)  Completion of academic, vocational, or                  2,377        

self-improvement courses offered to persons over the age of        2,378        

twenty-one by a chartered public or nonpublic school;              2,379        

      (3)  Completion of academic, vocational, or                  2,381        

self-improvement courses offered by an organization, individual,   2,382        

or educational institution other than a chartered public or        2,383        

                                                          55     


                                                                 
nonpublic school;                                                  2,384        

      (4)  Other life experiences considered by the board to       2,386        

provide knowledge and learning experiences comparable to that      2,387        

gained in a classroom setting.                                     2,388        

      (B)  The board of education of any city, exempted village,   2,390        

or local school district that operates a high school shall grant   2,391        

a diploma of adult education to any applicant if all of the        2,392        

following apply:                                                   2,393        

      (1)  The applicant is a resident of the district;            2,395        

      (2)  The applicant is over the age of twenty-one and has     2,397        

not been issued a diploma as provided in section 3313.61 of the    2,398        

Revised Code;                                                      2,399        

      (3)  The applicant has attained the applicable scores        2,401        

designated under division (B) of section 3301.0710 of the Revised  2,402        

Code on all of the tests required by that division or was excused  2,403        

or exempted from any such test pursuant to division (C)(1) of      2,404        

section 3301.0711, section 3313.532, or division (H) of section    2,405        

3313.61 of the Revised Code;                                       2,406        

      (4)  The district board determines, in accordance with the   2,408        

standards adopted under division (A) of this section, that the     2,409        

applicant has attained sufficient high school credits, including   2,410        

equivalent credits awarded under such standards, to qualify as     2,411        

having successfully completed the curriculum required by the       2,412        

district for graduation.                                           2,413        

      (C)  If a district board determines that an applicant is     2,415        

not eligible for a diploma under division (B) of this section, it  2,416        

shall inform the applicant of the reason he THE APPLICANT is       2,417        

ineligible and shall provide a list of any courses required for    2,418        

the diploma for which the applicant has not received credit.  An   2,420        

applicant may reapply for a diploma under this section at any      2,421        

time.                                                                           

      (D)  If a district board awards an adult education diploma   2,423        

under this section, the president and treasurer of the board and   2,424        

the superintendent of schools shall sign it.  Each diploma shall   2,425        

                                                          56     


                                                                 
bear the date of its issuance, be in such form as the district     2,426        

board prescribes, and be paid for from the district's general      2,427        

fund, except that the state board may by rule prescribe standard   2,428        

language to be included on each diploma.                           2,429        

      (E)  AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT"     2,431        

HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711    2,433        

OF THE REVISED CODE.                                               2,434        

      NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS   2,436        

PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED    2,439        

CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE                       

APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION         2,441        

3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS        2,442        

REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS    2,443        

SECTION.                                                                        

      Sec. 3313.612.  On and after September 15, 1998, no          2,452        

nonpublic school chartered by the state board of education, shall  2,453        

grant any high school diploma to any person unless the person has  2,454        

attained at least the applicable scores designated under division  2,455        

(B) of section 3301.0710 of the Revised Code on all the tests      2,456        

required by that division except as follows:                       2,457        

      (A)  This prohibition does not apply to any person with      2,459        

regard to any test from which the person was excused pursuant to   2,460        

division (C)(1) of section 3301.0711 of the Revised Code;          2,461        

      (B)  This prohibition does not apply to any person with      2,463        

regard to the citizenship test if all of the following apply:      2,464        

      (1)  The person is not a citizen of the United States;       2,466        

      (2)  The person is not a permanent resident of the United    2,468        

States;                                                            2,469        

      (3)  The person indicates he does not intend NO INTENTION    2,471        

to reside in the United States after completion of high school.    2,472        

      (C)  AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT"     2,474        

HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711    2,476        

OF THE REVISED CODE.                                               2,477        

      NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS   2,479        

                                                          57     


                                                                 
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED    2,482        

CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE                       

APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION         2,484        

3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS        2,485        

REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS    2,486        

SECTION.                                                                        

      Sec. 3313.613.  (A)  Except as provided in division (B) of   2,496        

this section, and notwithstanding any other section of the         2,497        

Revised Code, the board of education of any city, exempted         2,498        

village, or local school district that operates a high school      2,499        

shall award high school credit for a course successfully           2,500        

completed outside of regular school hours by a student at an       2,501        

accredited post-secondary institution.  Such course may either be  2,502        

free of charge or paid for by the parent, guardian, or custodian   2,503        

of the student.  High school credit awarded for a course                        

successfully completed under this section shall count toward the   2,504        

graduation requirements and subject area requirements of the       2,505        

school district.  If a course comparable to the course             2,506        

successfully completed under this section is offered by the        2,507        

school district, the district board shall award comparable credit  2,508        

for the completed equivalent course.  If no comparable course is                

offered by the school district, the district board shall grant to  2,509        

the student an appropriate number of credits in a similar subject  2,510        

area.                                                                           

      (B)  The board of education of a city, local, or exempted    2,512        

village school district OR THE GOVERNING AUTHORITY OF A COMMUNITY  2,513        

SCHOOL, WHEN APPLICABLE, may adopt a policy under which it may     2,514        

deny high school credit under this section and Chapter 3365. of    2,516        

the Revised Code for post-secondary courses any portion of which   2,518        

were taken during the period of an expulsion imposed by the        2,519        

district's superintendent OR THE SCHOOL'S GOVERNING AUTHORITY      2,520        

under division (B) of section 3313.66 of the Revised Code or       2,521        

extended under division (F) of that section.                       2,522        

      Sec. 3313.974.  AS USED IN THIS SECTION AND IN SECTIONS      2,525        

                                                          58     


                                                                 
3313.975 TO 3313.979 OF THE REVISED CODE:                          2,526        

      (A)  "INDIVIDUALIZED EDUCATION PROGRAM" AND "HANDICAPPED     2,529        

CHILD" HAVE THE SAME MEANINGS AS IN SECTION 3323.01 OF THE         2,530        

REVISED CODE.                                                      2,531        

      (B)  "MAINSTREAMED HANDICAPPED STUDENT" MEANS A HANDICAPPED  2,534        

CHILD WHO HAS AN INDIVIDUALIZED EDUCATION PROGRAM PROVIDING FOR    2,535        

THE STUDENT TO SPEND MORE THAN HALF OF EACH SCHOOL DAY IN A        2,536        

REGULAR SCHOOL SETTING WITH NONHANDICAPPED STUDENTS.               2,537        

      (C)  "SEPARATELY EDUCATED HANDICAPPED STUDENT" MEANS A       2,540        

HANDICAPPED CHILD WHO HAS AN INDIVIDUALIZED EDUCATION PROGRAM      2,541        

PROVIDING FOR THE STUDENT TO SPEND AT LEAST HALF OF EACH SCHOOL    2,542        

DAY IN A CLASS OR SETTING SEPARATED FROM NONHANDICAPPED STUDENTS.  2,543        

      (D)  "LOW-INCOME FAMILY" MEANS A FAMILY WHOSE INCOME IS      2,545        

BELOW THE LEVEL WHICH THE SUPERINTENDENT OF PUBLIC INSTRUCTION     2,546        

SHALL ESTABLISH.                                                   2,547        

      (E)  "PARENT" HAS THE SAME MEANING AS IN SECTION 3313.98 OF  2,550        

THE REVISED CODE.                                                               

      (F)  "REGISTERED PRIVATE SCHOOL" MEANS A SCHOOL REGISTERED   2,553        

WITH THE SUPERINTENDENT OF PUBLIC INSTRUCTION PURSUANT TO SECTION  2,554        

3313.976 OF THE REVISED CODE.                                                   

      (G)  "ALTERNATIVE SCHOOL" MEANS A REGISTERED PRIVATE SCHOOL  2,557        

LOCATED IN A SCHOOL DISTRICT OR A PUBLIC SCHOOL LOCATED IN AN      2,558        

ADJACENT SCHOOL DISTRICT.                                                       

      (H)  "TUTORIAL ASSISTANCE" MEANS INSTRUCTIONAL SERVICES      2,561        

PROVIDED TO A STUDENT OUTSIDE OF REGULAR SCHOOL HOURS APPROVED BY  2,562        

THE COMMISSION ON SCHOOL CHOICE PURSUANT TO SECTION 3313.976 OF    2,564        

THE REVISED CODE.                                                               

      Sec. 3313.975.   AS USED IN THIS SECTION AND IN SECTIONS     2,566        

3313.975 TO 3313.979 OF THE REVISED CODE, "THE PILOT PROJECT       2,567        

SCHOOL DISTRICT" OR "THE DISTRICT" MEANS ANY SCHOOL DISTRICT       2,570        

INCLUDED IN THE PILOT PROJECT SCHOLARSHIP PROGRAM PURSUANT TO      2,571        

THIS SECTION.                                                                   

      (A)  THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL          2,574        

ESTABLISH A PILOT PROJECT SCHOLARSHIP PROGRAM AND SHALL INCLUDE    2,575        

                                                          59     


                                                                 
IN SUCH PROGRAM ANY SCHOOL DISTRICTS THAT ARE OR HAVE EVER BEEN    2,576        

UNDER FEDERAL COURT ORDER REQUIRING SUPERVISION AND OPERATIONAL    2,578        

MANAGEMENT OF THE DISTRICT BY THE STATE SUPERINTENDENT.  THE                    

PROGRAM SHALL PROVIDE FOR A NUMBER OF STUDENTS RESIDING IN ANY     2,580        

SUCH DISTRICT TO RECEIVE SCHOLARSHIPS TO ATTEND ALTERNATIVE        2,581        

SCHOOLS, AND FOR AN EQUAL NUMBER OF STUDENTS TO RECEIVE TUTORIAL   2,582        

ASSISTANCE GRANTS WHILE ATTENDING PUBLIC SCHOOL IN ANY SUCH        2,583        

DISTRICT.                                                                       

      (B)  THE STATE SUPERINTENDENT SHALL ESTABLISH AN             2,585        

APPLICATION PROCESS AND DEADLINE FOR ACCEPTING APPLICATIONS FROM   2,586        

STUDENTS RESIDING IN THE DISTRICT TO PARTICIPATE IN THE            2,587        

SCHOLARSHIP PROGRAM.  IN THE INITIAL YEAR OF THE PROGRAM STUDENTS  2,588        

MAY USE A SCHOLARSHIP TO ATTEND SCHOOL IN GRADES KINDERGARTEN      2,589        

THROUGH FOUR.                                                                   

      THE STATE SUPERINTENDENT SHALL AWARD AS MANY SCHOLARSHIPS    2,591        

AND TUTORIAL ASSISTANCE GRANTS AS CAN BE FUNDED GIVEN THE AMOUNT   2,592        

APPROPRIATED FOR THE PROGRAM.  IN NO CASE, HOWEVER, SHALL MORE     2,593        

THAN FIFTY PER CENT OF ALL SCHOLARSHIPS AWARDED BE USED BY         2,594        

STUDENTS WHO WERE ENROLLED IN A NONPUBLIC SCHOOL DURING THE        2,595        

SCHOOL YEAR OF APPLICATION FOR A SCHOLARSHIP.                      2,596        

      (C)(1)  THE PILOT PROJECT PROGRAM SHALL CONTINUE IN EFFECT   2,600        

EACH YEAR THAT THE GENERAL ASSEMBLY HAS APPROPRIATED SUFFICIENT    2,601        

MONEY TO FUND SCHOLARSHIPS AND TUTORIAL ASSISTANCE GRANTS.  IN     2,602        

EACH YEAR THE PROGRAM CONTINUES, NEW STUDENTS MAY RECEIVE          2,603        

SCHOLARSHIPS ONLY IF THEY ARE ENROLLED IN GRADE KINDERGARTEN,      2,604        

ONE, TWO, THREE, OR FOUR.  IN ADDITION, ANY STUDENT WHO HAS                     

RECEIVED A SCHOLARSHIP THE PRECEDING YEAR MAY CONTINUE TO RECEIVE  2,605        

ONE UNTIL THE STUDENT HAS COMPLETED GRADE FOUR.                    2,606        

      (2)  IF THE GENERAL ASSEMBLY DISCONTINUES THE SCHOLARSHIP    2,608        

PROGRAM, ALL STUDENTS WHO ARE ATTENDING AN ALTERNATIVE SCHOOL      2,609        

UNDER THE PILOT PROJECT SHALL BE ENTITLED TO CONTINUED ADMITTANCE  2,611        

TO THAT SPECIFIC SCHOOL THROUGH ALL GRADES UP TO THE FOURTH GRADE  2,612        

THAT ARE PROVIDED IN SUCH SCHOOL, UNDER THE SAME CONDITIONS AS     2,614        

WHEN THEY WERE PARTICIPATING IN THE PILOT PROJECT.  THE STATE      2,615        

                                                          60     


                                                                 
SUPERINTENDENT SHALL CONTINUE TO MAKE SCHOLARSHIP PAYMENTS IN                   

ACCORDANCE WITH DIVISION (A) OR (B) OF SECTION 3313.979 OF THE     2,618        

REVISED CODE FOR STUDENTS WHO REMAIN ENROLLED IN AN ALTERNATIVE    2,619        

SCHOOL UNDER THIS PROVISION IN ANY YEAR THAT FUNDS HAVE BEEN       2,620        

APPROPRIATED FOR THIS PURPOSE.                                                  

      IF FUNDS ARE NOT APPROPRIATED, THE TUITION CHARGED TO THE    2,622        

PARENTS OF A STUDENT WHO REMAINS ENROLLED IN AN ALTERNATIVE        2,624        

SCHOOL UNDER THIS PROVISION SHALL NOT BE INCREASED BEYOND THE      2,625        

AMOUNT EQUAL TO THE AMOUNT OF THE SCHOLARSHIP PLUS ANY ADDITIONAL  2,626        

AMOUNT CHARGED THAT STUDENT'S PARENT IN THE MOST RECENT YEAR OF    2,627        

ATTENDANCE AS A PARTICIPANT IN THE PILOT PROJECT, EXCEPT THAT      2,628        

TUITION FOR ALL THE STUDENTS ENROLLED IN SUCH SCHOOL MAY BE        2,629        

INCREASED BY THE SAME PERCENTAGE.                                  2,630        

      (D)  NOTWITHSTANDING SECTIONS 124.39, 3307.35, AND 3319.17   2,633        

OF THE REVISED CODE, IF THE PILOT PROJECT SCHOOL DISTRICT          2,634        

EXPERIENCES A DECREASE IN ENROLLMENT DUE TO PARTICIPATION IN A     2,635        

STATE-SPONSORED SCHOLARSHIP PROGRAM PURSUANT TO SECTIONS 3313.974  2,636        

TO 3313.979 OF THE REVISED CODE, THE DISTRICT BOARD OF EDUCATION   2,637        

MAY ENTER INTO AN AGREEMENT WITH ANY TEACHER IT EMPLOYS TO         2,638        

PROVIDE TO THAT TEACHER SEVERANCE PAY OR EARLY RETIREMENT          2,639        

INCENTIVES, OR BOTH, IF THE TEACHER AGREES TO TERMINATE THE        2,640        

EMPLOYMENT CONTRACT WITH THE DISTRICT BOARD, PROVIDED ANY          2,641        

COLLECTIVE BARGAINING AGREEMENT IN FORCE PURSUANT TO CHAPTER       2,642        

4117. OF THE REVISED CODE DOES NOT PROHIBIT SUCH AN AGREEMENT FOR  2,644        

TERMINATION OF A TEACHER'S EMPLOYMENT CONTRACT.                                 

      Sec. 3313.976.  (A)  NO PRIVATE SCHOOL MAY RECEIVE           2,647        

SCHOLARSHIP PAYMENTS FROM PARENTS PURSUANT TO SECTION 3313.979 OF  2,648        

THE REVISED CODE UNTIL THE CHIEF ADMINISTRATOR OF THE PRIVATE      2,649        

SCHOOL REGISTERS THE SCHOOL WITH THE SUPERINTENDENT OF PUBLIC      2,650        

INSTRUCTION.  THE STATE SUPERINTENDENT SHALL REGISTER ANY SCHOOL   2,651        

THAT MEETS THE FOLLOWING REQUIREMENTS:                                          

      (1)  THE SCHOOL IS LOCATED WITHIN THE BOUNDARIES OF THE      2,653        

PILOT PROJECT SCHOOL DISTRICT;                                     2,654        

      (2)  THE SCHOOL INDICATES IN WRITING ITS COMMITMENT TO       2,656        

                                                          61     


                                                                 
FOLLOW ALL REQUIREMENTS FOR A STATE-SPONSORED SCHOLARSHIP PROGRAM  2,657        

SPECIFIED UNDER SECTIONS 3313.974 TO 3313.979 OF THE REVISED       2,661        

CODE, INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENTS FOR          2,662        

ADMITTING STUDENTS PURSUANT TO SECTION 3313.977 OF THE REVISED     2,664        

CODE;                                                                           

      (3)  THE SCHOOL MEETS ALL STATE MINIMUM STANDARDS FOR        2,666        

CHARTERED NONPUBLIC SCHOOLS IN EFFECT ON JULY 1, 1992, EXCEPT      2,668        

THAT THE STATE SUPERINTENDENT AT THE SUPERINTENDENT'S DISCRETION                

MAY REGISTER NONCHARTERED NONPUBLIC SCHOOLS MEETING THE OTHER      2,672        

REQUIREMENTS OF THIS DIVISION;                                                  

      (4)  THE SCHOOL DOES NOT DISCRIMINATE ON THE BASIS OF RACE,  2,675        

RELIGION, OR ETHNIC BACKGROUND;                                                 

      (5)  THE SCHOOL ENROLLS A MINIMUM OF TEN STUDENTS PER CLASS  2,678        

OR A SUM OF AT LEAST TWENTY-FIVE STUDENTS IN ALL THE CLASSES       2,679        

OFFERED;                                                                        

      (6)  THE SCHOOL DOES NOT ADVOCATE OR FOSTER UNLAWFUL         2,681        

BEHAVIOR OR TEACH HATRED OF ANY PERSON OR GROUP ON THE BASIS OF    2,682        

RACE, ETHNICITY, NATIONAL ORIGIN, OR RELIGION;                     2,683        

      (7)  THE SCHOOL DOES NOT PROVIDE FALSE OR MISLEADING         2,685        

INFORMATION ABOUT THE SCHOOL TO PARENTS, STUDENTS, OR THE GENERAL  2,686        

PUBLIC;                                                            2,687        

      (8)  THE SCHOOL AGREES NOT TO CHARGE ANY TUITION TO          2,689        

LOW-INCOME FAMILIES PARTICIPATING IN THE SCHOLARSHIP PROGRAM IN    2,690        

EXCESS OF TEN PER CENT OF THE SCHOLARSHIP AMOUNT ESTABLISHED       2,692        

PURSUANT TO DIVISION (C)(1) OF SECTION 3313.978 OF THE REVISED     2,694        

CODE, EXCLUDING ANY INCREASE DESCRIBED IN DIVISION (C)(2) OF THAT  2,695        

SECTION.  THE SCHOOL SHALL PERMIT ANY SUCH TUITION, AT THE         2,696        

DISCRETION OF THE PARENT, TO BE SATISFIED BY THE LOW-INCOME        2,697        

FAMILY'S PROVISION OF IN-KIND CONTRIBUTIONS OR SERVICES.           2,698        

      (B)  THE STATE SUPERINTENDENT SHALL REVOKE THE REGISTRATION  2,701        

OF ANY SCHOOL IF, AFTER A HEARING, THE SUPERINTENDENT DETERMINES   2,702        

THAT THE SCHOOL IS IN VIOLATION OF ANY OF THE PROVISIONS OF        2,703        

DIVISION (A) OF THIS SECTION.                                      2,704        

      (C)  ANY PUBLIC SCHOOL LOCATED IN A SCHOOL DISTRICT          2,706        

                                                          62     


                                                                 
ADJACENT TO THE PILOT PROJECT DISTRICT MAY RECEIVE SCHOLARSHIP     2,708        

PAYMENTS ON BEHALF OF PARENTS PURSUANT TO SECTION 3313.979 OF THE  2,710        

REVISED CODE IF THE SUPERINTENDENT OF THE DISTRICT IN WHICH SUCH   2,711        

PUBLIC SCHOOL IS LOCATED NOTIFIES THE STATE SUPERINTENDENT PRIOR   2,712        

TO THE FIRST DAY OF MARCH THAT THE DISTRICT INTENDS TO ADMIT       2,714        

STUDENTS FROM THE PILOT PROJECT DISTRICT FOR THE ENSUING SCHOOL    2,715        

YEAR PURSUANT TO SECTION 3327.06 OF THE REVISED CODE.              2,717        

      (D)  ANY PARENT WISHING TO PURCHASE TUTORIAL ASSISTANCE      2,720        

FROM ANY PERSON OR GOVERNMENTAL ENTITY PURSUANT TO THE PILOT       2,721        

PROJECT PROGRAM UNDER SECTIONS 3313.974 TO 3313.979 OF THE         2,722        

REVISED CODE SHALL APPLY TO THE STATE SUPERINTENDENT.  THE STATE   2,723        

SUPERINTENDENT SHALL APPROVE PROVIDERS WHO APPEAR TO POSSESS THE   2,724        

CAPABILITY OF FURNISHING THE INSTRUCTIONAL SERVICES THEY ARE       2,725        

OFFERING TO PROVIDE.                                                            

      Sec. 3313.977.  (A)  EACH REGISTERED PRIVATE SCHOOL SHALL    2,728        

ADMIT STUDENTS TO KINDERGARTEN AND FIRST, SECOND, THIRD, AND       2,729        

FOURTH GRADES IN ACCORDANCE WITH THE FOLLOWING PRIORITIES:                      

      (1)  STUDENTS WHO WERE ENROLLED IN THE SCHOOL DURING THE     2,731        

PRECEDING YEAR;                                                    2,732        

      (2)  SIBLINGS OF STUDENTS ENROLLED IN THE SCHOOL DURING THE  2,735        

PRECEDING YEAR, AT THE DISCRETION OF THE SCHOOL;                                

      (3)  CHILDREN FROM LOW-INCOME FAMILIES ATTENDING SCHOOL OR   2,738        

RESIDING IN THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED                  

UNTIL THE NUMBER OF SUCH STUDENTS IN EACH GRADE EQUALS THE NUMBER  2,739        

THAT CONSTITUTED TWENTY PER CENT OF THE TOTAL NUMBER OF STUDENTS   2,741        

ENROLLED IN THE SCHOOL DURING THE PRECEDING YEAR IN SUCH GRADE.    2,742        

ADMISSION OF SUCH TWENTY PER CENT SHALL BE BY LOT FROM AMONG ALL   2,743        

LOW-INCOME FAMILY APPLICANTS WHO APPLY PRIOR TO THE FIFTEENTH DAY  2,744        

OF FEBRUARY PRIOR TO ADMISSION.                                    2,745        

      (4)  ALL OTHER APPLICANTS RESIDING ANYWHERE, PROVIDED THAT   2,748        

ALL REMAINING AVAILABLE SPACES SHALL BE FILLED FROM AMONG SUCH     2,749        

APPLICANTS BY LOT.                                                              

      CHILDREN FROM LOW-INCOME FAMILIES NOT SELECTED BY LOT UNDER  2,752        

DIVISION (A)(3) OF THIS SECTION SHALL BE INCLUDED IN THE LOTTERY   2,754        

                                                          63     


                                                                 
OF ALL REMAINING APPLICANTS PURSUANT TO DIVISION (A)(4) OF THIS    2,755        

SECTION.                                                                        

      (B)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, EXCEPT    2,758        

WHERE OTHERWISE PROHIBITED BY FEDERAL LAW, A REGISTERED PRIVATE    2,759        

SCHOOL MAY ELECT TO ADMIT STUDENTS OF ONLY ONE GENDER AND MAY      2,760        

DENY ADMISSION TO ANY SEPARATELY EDUCATED HANDICAPPED STUDENT.     2,761        

      (C)  IF A SCHOLARSHIP STUDENT WHO HAS BEEN ACCEPTED IN       2,763        

ACCORDANCE WITH THIS SECTION FAILS TO ENROLL IN THE SCHOOL FOR     2,764        

ANY REASON OR WITHDRAWS FROM THE SCHOOL DURING THE SCHOOL YEAR     2,765        

FOR ANY REASON, THE SCHOOL MAY ELECT TO REPLACE SUCH STUDENT WITH  2,766        

ANOTHER SCHOLARSHIP STUDENT ONLY BY FIRST OFFERING THE ADMISSION   2,768        

TO ANY LOW-INCOME SCHOLARSHIP STUDENTS WHO FILED APPLICATIONS BY   2,770        

THE PRECEDING FIFTEENTH DAY OF FEBRUARY AND WHO WERE NOT ACCEPTED  2,771        

AT THAT TIME DUE TO SPACE LIMITATIONS.                                          

      Sec. 3313.978.  (A)  ANNUALLY BY THE FIRST DAY OF NOVEMBER,  2,774        

THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NOTIFY THE PILOT    2,775        

PROJECT SCHOOL DISTRICT OF THE NUMBER OF INITIAL SCHOLARSHIPS      2,776        

THAT THE STATE SUPERINTENDENT WILL BE AWARDING IN EACH OF GRADES   2,777        

KINDERGARTEN THROUGH FOUR.                                                      

      THE STATE SUPERINTENDENT SHALL PROVIDE INFORMATION ABOUT     2,779        

THE SCHOLARSHIP PROGRAM TO ALL STUDENTS RESIDING IN THE DISTRICT,  2,781        

SHALL ACCEPT APPLICATIONS FROM ANY SUCH STUDENTS UNTIL SUCH DATE   2,783        

AS SHALL BE ESTABLISHED BY THE STATE SUPERINTENDENT AS A DEADLINE  2,785        

FOR APPLICATIONS, AND SHALL ESTABLISH CRITERIA FOR THE SELECTION                

OF STUDENTS TO RECEIVE SCHOLARSHIPS FROM AMONG ALL THOSE APPLYING  2,787        

PRIOR TO THE DEADLINE, WHICH CRITERIA SHALL GIVE PREFERENCE TO     2,789        

STUDENTS FROM LOW-INCOME FAMILIES.  FOR EACH STUDENT SELECTED,     2,790        

THE STATE SUPERINTENDENT SHALL ALSO DETERMINE WHETHER THE STUDENT  2,791        

QUALIFIES FOR SEVENTY-FIVE OR NINETY PER CENT OF THE SCHOLARSHIP   2,792        

AMOUNT.  STUDENTS WHOSE FAMILY INCOME IS AT OR ABOVE TWO HUNDRED   2,793        

PER CENT OF THE MAXIMUM INCOME LEVEL ESTABLISHED BY THE STATE      2,794        

SUPERINTENDENT FOR LOW-INCOME FAMILIES SHALL QUALIFY FOR                        

SEVENTY-FIVE PER CENT OF THE SCHOLARSHIP AMOUNT AND STUDENTS       2,796        

WHOSE FAMILY INCOME IS BELOW TWO HUNDRED PER CENT OF THAT MAXIMUM  2,797        

                                                          64     


                                                                 
INCOME LEVEL SHALL QUALIFY FOR NINETY PER CENT OF THE SCHOLARSHIP  2,798        

AMOUNT.  THE STATE SUPERINTENDENT SHALL NOTIFY STUDENTS OF THEIR   2,799        

SELECTION PRIOR TO THE FIFTEENTH DAY OF JANUARY AND WHETHER THEY   2,800        

QUALIFY FOR SEVENTY-FIVE OR NINETY PER CENT OF THE SCHOLARSHIP                  

AMOUNT.                                                            2,801        

      (1)  A STUDENT RECEIVING A PILOT PROJECT SCHOLARSHIP MAY     2,803        

UTILIZE IT AT AN ALTERNATIVE PUBLIC SCHOOL BY NOTIFYING THE        2,805        

DISTRICT SUPERINTENDENT, AT ANY TIME BEFORE THE BEGINNING OF THE   2,806        

SCHOOL YEAR, OF THE NAME OF THE PUBLIC SCHOOL IN AN ADJACENT       2,808        

SCHOOL DISTRICT TO WHICH THE STUDENT HAS BEEN ACCEPTED PURSUANT    2,810        

TO SECTION 3327.06 OF THE REVISED CODE.                            2,811        

      (2)  A STUDENT MAY DECIDE TO UTILIZE A PILOT PROJECT         2,813        

SCHOLARSHIP AT A REGISTERED PRIVATE SCHOOL IN THE DISTRICT IF ALL  2,815        

OF THE FOLLOWING CONDITIONS ARE MET:                               2,816        

      (a)  BY THE FIFTEENTH DAY OF FEBRUARY OF THE PRECEDING       2,819        

SCHOOL YEAR, OR AT ANY TIME PRIOR TO THE START OF THE SCHOOL       2,820        

YEAR, THE PARENT MAKES AN APPLICATION ON BEHALF OF THE STUDENT TO  2,821        

A REGISTERED PRIVATE SCHOOL.                                                    

      (b)  THE REGISTERED PRIVATE SCHOOL NOTIFIES THE PARENT AND   2,824        

THE STATE SUPERINTENDENT AS FOLLOWS THAT THE STUDENT HAS BEEN      2,825        

ADMITTED:                                                                       

      (i)  BY THE FIFTEENTH DAY OF MARCH OF THE PRECEDING SCHOOL   2,828        

YEAR IF THE STUDENT FILED AN APPLICATION BY THE FIFTEENTH DAY OF   2,829        

FEBRUARY AND WAS ADMITTED BY THE SCHOOL PURSUANT TO DIVISION (A)   2,830        

OF SECTION 3313.977 OF THE REVISED CODE;                           2,831        

      (ii)  WITHIN ONE WEEK OF THE DECISION TO ADMIT THE STUDENT   2,834        

IF THE STUDENT IS ADMITTED PURSUANT TO DIVISION (C) OF SECTION     2,835        

3313.977 OF THE REVISED CODE.                                      2,836        

      (c)  THE STUDENT ACTUALLY ENROLLS IN THE REGISTERED PRIVATE  2,839        

SCHOOL TO WHICH THE STUDENT WAS FIRST ADMITTED OR IN ANOTHER       2,840        

REGISTERED PRIVATE SCHOOL IN THE DISTRICT OR IN A PUBLIC SCHOOL    2,841        

IN AN ADJACENT SCHOOL DISTRICT.                                    2,842        

      (B)  THE STATE SUPERINTENDENT SHALL ALSO AWARD IN ANY        2,845        

SCHOOL YEAR TUTORIAL ASSISTANCE GRANTS TO A NUMBER OF STUDENTS     2,846        

                                                          65     


                                                                 
EQUAL TO THE NUMBER OF STUDENTS WHO RECEIVE SCHOLARSHIPS UNDER     2,847        

DIVISION (A) OF THIS SECTION.  TUTORIAL ASSISTANCE GRANTS SHALL    2,849        

BE AWARDED SOLELY TO STUDENTS WHO ARE ENROLLED IN THE PUBLIC       2,850        

SCHOOLS OF THE DISTRICT IN A GRADE LEVEL COVERED BY THE PILOT      2,852        

PROJECT.  TUTORIAL ASSISTANCE GRANTS MAY BE USED SOLELY TO OBTAIN  2,853        

TUTORIAL ASSISTANCE FROM A PROVIDER APPROVED PURSUANT TO DIVISION  2,854        

(D) OF SECTION 3313.976 OF THE REVISED CODE.                       2,856        

      ALL STUDENTS WISHING TO OBTAIN TUTORIAL ASSISTANCE GRANTS    2,858        

SHALL MAKE APPLICATION TO THE STATE SUPERINTENDENT BY THE FIRST    2,860        

DAY OF THE SCHOOL YEAR IN WHICH THE ASSISTANCE WILL BE USED.  THE  2,862        

STATE SUPERINTENDENT SHALL AWARD ASSISTANCE GRANTS IN ACCORDANCE   2,863        

WITH CRITERIA THE SUPERINTENDENT SHALL ESTABLISH.  FOR EACH        2,864        

STUDENT AWARDED A GRANT, THE STATE SUPERINTENDENT SHALL ALSO       2,865        

DETERMINE WHETHER THE STUDENT QUALIFIES FOR SEVENTY-FIVE OR        2,866        

NINETY PER CENT OF THE GRANT AMOUNT AND SO NOTIFY THE STUDENT.                  

STUDENTS WHOSE FAMILY INCOME IS AT OR ABOVE TWO HUNDRED PER CENT   2,867        

OF THE MAXIMUM INCOME LEVEL ESTABLISHED BY THE STATE               2,868        

SUPERINTENDENT FOR LOW-INCOME FAMILIES SHALL QUALIFY FOR           2,869        

SEVENTY-FIVE PER CENT OF THE GRANT AMOUNT AND STUDENTS WHOSE       2,870        

FAMILY INCOME IS BELOW TWO HUNDRED PER CENT OF THAT MAXIMUM        2,871        

INCOME LEVEL SHALL QUALIFY FOR NINETY PER CENT OF THE GRANT        2,872        

AMOUNT.                                                                         

      (C)(1)  IN THE CASE OF BASIC SCHOLARSHIPS, THE SCHOLARSHIP   2,875        

AMOUNT SHALL NOT EXCEED THE LESSER OF THE TUITION CHARGES OF THE   2,876        

ALTERNATIVE SCHOOL THE SCHOLARSHIP RECIPIENT ATTENDS OR AN AMOUNT  2,877        

ESTABLISHED BY THE STATE SUPERINTENDENT NOT IN EXCESS OF           2,878        

TWENTY-FIVE HUNDRED DOLLARS.                                                    

      (2)  THE STATE SUPERINTENDENT SHALL PROVIDE FOR AN INCREASE  2,880        

IN THE BASIC SCHOLARSHIP AMOUNT IN THE CASE OF ANY STUDENT WHO IS  2,881        

A MAINSTREAMED HANDICAPPED STUDENT AND SHALL FURTHER INCREASE      2,882        

SUCH AMOUNT IN THE CASE OF ANY SEPARATELY EDUCATED HANDICAPPED     2,883        

CHILD.  SUCH INCREASES SHALL TAKE INTO ACCOUNT THE INSTRUCTION,    2,884        

RELATED SERVICES, AND TRANSPORTATION COSTS OF EDUCATING SUCH       2,885        

STUDENTS.                                                                       

                                                          66     


                                                                 
      (3)  IN THE CASE OF TUTORIAL ASSISTANCE GRANTS, THE GRANT    2,888        

AMOUNT SHALL NOT EXCEED THE LESSER OF THE PROVIDER'S ACTUAL        2,889        

CHARGES FOR SUCH ASSISTANCE OR A PERCENTAGE ESTABLISHED BY THE     2,890        

STATE SUPERINTENDENT, NOT TO EXCEED TWENTY PER CENT, OF THE        2,891        

AMOUNT OF THE PILOT PROJECT SCHOOL DISTRICT'S AVERAGE BASIC        2,892        

SCHOLARSHIP AMOUNT.                                                             

      (4)  NO SCHOLARSHIP OR TUTORIAL ASSISTANCE GRANT SHALL BE    2,894        

AWARDED UNLESS THE STATE SUPERINTENDENT DETERMINES THAT            2,895        

TWENTY-FIVE OR TEN PER CENT, AS APPLICABLE, OF THE AMOUNT          2,896        

SPECIFIED FOR SUCH SCHOLARSHIP OR GRANT PURSUANT TO DIVISION       2,897        

(C)(1), (2), OR (3) OF THIS SECTION WILL BE FURNISHED BY A         2,898        

POLITICAL SUBDIVISION, A PRIVATE NONPROFIT OR FOR PROFIT ENTITY,   2,899        

OR ANOTHER PERSON.  ONLY SEVENTY-FIVE OR NINETY PER CENT OF SUCH   2,900        

AMOUNTS, AS APPLICABLE, SHALL BE PAID FROM STATE FUNDS PURSUANT    2,901        

TO SECTION 3313.979 OF THE REVISED CODE.                           2,902        

      (D)(1)  ANNUALLY BY THE FIRST DAY OF NOVEMBER, THE STATE     2,905        

SUPERINTENDENT SHALL ESTIMATE THE MAXIMUM PER-PUPIL SCHOLARSHIP    2,907        

AMOUNTS FOR THE ENSUING SCHOOL YEAR.  THE STATE SUPERINTENDENT     2,908        

SHALL MAKE THIS ESTIMATE AVAILABLE TO THE GENERAL PUBLIC AT THE    2,910        

OFFICES OF THE DISTRICT BOARD OF EDUCATION TOGETHER WITH THE       2,911        

FORMS REQUIRED BY DIVISION (D)(2) OF THIS SECTION.                 2,912        

      (2)  ANNUALLY BY THE FIFTEENTH DAY OF JANUARY, THE CHIEF     2,915        

ADMINISTRATOR OF EACH REGISTERED PRIVATE SCHOOL LOCATED IN THE     2,916        

PILOT PROJECT DISTRICT AND THE PRINCIPAL OF EACH PUBLIC SCHOOL IN  2,917        

SUCH DISTRICT SHALL COMPLETE A PARENTAL INFORMATION FORM AND       2,918        

FORWARD IT TO THE PRESIDENT OF THE BOARD OF EDUCATION.  THE        2,919        

PARENTAL INFORMATION FORM SHALL BE PRESCRIBED BY THE DEPARTMENT    2,920        

OF EDUCATION AND SHALL PROVIDE INFORMATION ABOUT THE GRADE LEVELS  2,921        

OFFERED, THE NUMBERS OF STUDENTS, TUITION AMOUNTS, PROFICIENCY     2,922        

EXAMINATION RESULTS, AND ANY SECTARIAN OR OTHER ORGANIZATIONAL     2,923        

AFFILIATIONS.                                                      2,924        

      Sec. 3313.979.  EACH SCHOLARSHIP OR GRANT TO BE USED FOR     2,926        

PAYMENTS TO A REGISTERED PRIVATE SCHOOL OR TO AN APPROVED          2,927        

TUTORIAL ASSISTANCE PROVIDER IS PAYABLE TO THE PARENTS OF THE      2,928        

                                                          67     


                                                                 
STUDENT ENTITLED TO THE SCHOLARSHIP OR GRANT.  EACH SCHOLARSHIP    2,929        

TO BE USED FOR PAYMENTS TO A PUBLIC SCHOOL IN AN ADJACENT SCHOOL   2,930        

DISTRICT IS PAYABLE TO THE SCHOOL DISTRICT OF ATTENDANCE BY THE    2,931        

SUPERINTENDENT OF PUBLIC INSTRUCTION.                              2,932        

      (A)(1)  BY THE FIFTEENTH DAY OF EACH MONTH OF THE SCHOOL     2,935        

YEAR THAT ANY SCHOLARSHIP STUDENTS ARE ENROLLED IN A REGISTERED    2,936        

PRIVATE SCHOOL, THE CHIEF ADMINISTRATOR OF THAT SCHOOL SHALL       2,937        

NOTIFY THE STATE SUPERINTENDENT OF:                                             

      (a)  THE NUMBER OF STUDENTS WHO WERE REPORTED TO THE SCHOOL  2,940        

DISTRICT AS HAVING BEEN ADMITTED BY THAT PRIVATE SCHOOL PURSUANT   2,941        

TO DIVISION (A)(2)(b) OF SECTION 3313.978 OF THE REVISED CODE AND  2,943        

WHO WERE STILL ENROLLED IN THE PRIVATE SCHOOL AS OF THE FIRST DAY  2,944        

OF SUCH MONTH, AND THE NUMBERS OF SUCH STUDENTS WHO QUALIFY FOR    2,945        

SEVENTY-FIVE AND NINETY PER CENT OF THE SCHOLARSHIP AMOUNT;        2,946        

      (b)  THE NUMBER OF STUDENTS WHO WERE REPORTED TO THE SCHOOL  2,948        

DISTRICT AS HAVING BEEN ADMITTED BY ANOTHER PRIVATE SCHOOL         2,949        

PURSUANT TO DIVISION (A)(2)(b) OF SECTION 3313.978 OF THE REVISED  2,951        

CODE AND SINCE THE DATE OF ADMISSION HAVE TRANSFERRED TO THE       2,953        

SCHOOL PROVIDING THE NOTIFICATION UNDER DIVISION (A)(1) OF THIS    2,954        

SECTION, AND THE NUMBERS OF SUCH STUDENTS WHO QUALIFY FOR          2,955        

SEVENTY-FIVE AND NINETY PER CENT OF THE SCHOLARSHIP AMOUNT.                     

      (2)  FROM TIME TO TIME, THE STATE SUPERINTENDENT SHALL MAKE  2,957        

A PAYMENT TO THE PARENT OF EACH STUDENT ENTITLED TO A              2,958        

SCHOLARSHIP.  EACH PAYMENT SHALL INCLUDE FOR EACH STUDENT          2,959        

REPORTED UNDER DIVISION (A)(1) OF THIS SECTION, A PORTION OF       2,961        

SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE                          

SCHOLARSHIP AMOUNT SPECIFIED IN DIVISIONS (C)(1) AND (2) OF        2,963        

SECTION 3313.978 OF THE REVISED CODE.  THIS AMOUNT SHALL BE        2,965        

PROPORTIONATELY REDUCED IN THE CASE OF ANY SUCH STUDENT WHO IS     2,966        

NOT ENROLLED IN A REGISTERED PRIVATE SCHOOL FOR THE ENTIRE SCHOOL  2,967        

YEAR.                                                                           

      (3)  THE FIRST PAYMENT UNDER THIS DIVISION SHALL BE MADE BY  2,970        

THE LAST DAY OF NOVEMBER AND SHALL EQUAL ONE-THIRD OF                           

SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE ESTIMATED   2,972        

                                                          68     


                                                                 
TOTAL AMOUNT THAT WILL BE DUE TO THE PARENT FOR THE SCHOOL YEAR    2,973        

PURSUANT TO DIVISION (A)(2) OF THIS SECTION.                                    

      (B)  THE STATE SUPERINTENDENT, ON BEHALF OF THE PARENTS OF   2,975        

A SCHOLARSHIP STUDENT ENROLLED IN A PUBLIC SCHOOL IN AN ADJACENT   2,977        

SCHOOL DISTRICT PURSUANT TO SECTION 3327.06 OF THE REVISED CODE,   2,978        

SHALL MAKE THE TUITION PAYMENTS REQUIRED BY THAT SECTION TO THE    2,979        

SCHOOL DISTRICT ADMITTING THE STUDENT, EXCEPT THAT,                2,980        

NOTWITHSTANDING SECTIONS 3323.13, 3323.14, AND 3327.06 OF THE      2,981        

REVISED CODE, THE TOTAL PAYMENTS IN ANY SCHOOL YEAR SHALL NOT      2,982        

EXCEED SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE      2,983        

SCHOLARSHIP AMOUNT PROVIDED IN DIVISIONS (C)(1) AND (2) OF         2,985        

SECTION 3313.978 OF THE REVISED CODE.                              2,986        

      (C)  WHENEVER AN APPROVED PROVIDER PROVIDES TUTORIAL         2,989        

ASSISTANCE TO A STUDENT, THE STATE SUPERINTENDENT SHALL PAY THE                 

PARENT FOR SUCH COSTS UPON RECEIPT OF A STATEMENT FROM THE PARENT  2,992        

SPECIFYING THE SERVICES PROVIDED AND THE COSTS OF THE SERVICES,    2,993        

WHICH STATEMENT SHALL BE SIGNED BY THE PROVIDER.  THE TOTAL        2,994        

PAYMENTS TO ANY PARENT UNDER THIS DIVISION FOR ALL PROVIDER        2,995        

SERVICES TO ANY INDIVIDUAL STUDENT IN ANY SCHOOL YEAR SHALL NOT    2,996        

EXCEED SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE                   

GRANT AMOUNT PROVIDED IN DIVISION (C)(3) OF SECTION 3313.978 OF    2,998        

THE REVISED CODE.                                                  2,999        

      Sec. 3313.981.  (A)  The state board shall adopt rules       3,008        

requiring both ALL of the following:                               3,009        

      (1)  The board of education of each city, exempted village,  3,011        

and local school district to annually report TO THE DEPARTMENT OF  3,012        

EDUCATION the number of adjacent district or other district        3,014        

students, as applicable, and adjacent district or other district   3,015        

joint vocational students, as applicable, enrolled in the          3,016        

district and the number of native students enrolled in adjacent    3,017        

or other districts, in accordance with a policy adopted under      3,018        

division (B) of section 3313.98 of the Revised Code; each          3,019        

adjacent district or other district student's or adjacent          3,020        

district or other district joint vocational student's date of      3,021        

                                                          69     


                                                                 
enrollment in the district; and each native student's date of      3,023        

enrollment in an adjacent or other district;                       3,024        

      (2)  The board of education of each joint vocational school  3,026        

district to annually report TO THE DEPARTMENT the number of        3,027        

adjacent district or other district joint vocational students, as  3,029        

applicable, enrolled in the district and, for each such student,   3,031        

the city, exempted village, or local school district in which the  3,032        

student is also enrolled.                                                       

      (3)  PRIOR TO THE FIRST FULL SCHOOL WEEK IN OCTOBER EACH     3,034        

YEAR, THE SUPERINTENDENT OF EACH CITY, LOCAL, OR EXEMPTED VILLAGE  3,035        

SCHOOL DISTRICT THAT ADMITS ADJACENT DISTRICT OR OTHER DISTRICT    3,036        

STUDENTS OR ADJACENT DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL   3,037        

STUDENTS IN ACCORDANCE WITH A POLICY ADOPTED UNDER DIVISION (B)    3,038        

OF SECTION 3313.98 OF THE REVISED CODE TO NOTIFY EACH ADJACENT OR  3,039        

OTHER DISTRICT WHERE THOSE STUDENTS ARE ENTITLED TO ATTEND SCHOOL  3,040        

UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE OF THE                     

NUMBER OF THE ADJACENT OR OTHER DISTRICT'S NATIVE STUDENTS WHO     3,041        

ARE ENROLLED IN THE SUPERINTENDENT'S DISTRICT UNDER THE POLICY.    3,042        

      The rules shall provide for the method of counting students  3,044        

who are enrolled for part of a school year in an adjacent or       3,045        

other district or as an adjacent district or other district joint  3,046        

vocational student.                                                3,047        

      (B)  From the payments made to a city, exempted village, or  3,049        

local school district under Chapter 3317. of the Revised Code,     3,050        

the department of education shall annually subtract both of the    3,051        

following:                                                         3,052        

      (1)  An amount equal to the number of the district's native  3,054        

students reported under division (A)(1) of this section who are    3,055        

enrolled in adjacent or other school districts pursuant to         3,056        

policies adopted by such districts under division (B) of section   3,057        

3313.98 of the Revised Code multiplied by the adjusted formula     3,059        

amount for the district;                                                        

      (2)  The excess costs computed in accordance with division   3,061        

(E) of this section for any such native students receiving         3,062        

                                                          70     


                                                                 
special education and related services in adjacent or other        3,063        

school districts or as an adjacent district or other district      3,064        

joint vocational student.                                          3,065        

      (C)  To the payments made to a city, exempted village, or    3,067        

local school district under Chapter 3317. of the Revised Code,     3,068        

the department of education shall annually add all of the          3,069        

following:                                                         3,070        

      (1)  An amount equal to the adjusted formula amount for the  3,072        

district multiplied by the remainder obtained by subtracting the   3,073        

number of adjacent district or other district joint vocational     3,074        

students from the number of adjacent district or other district    3,077        

students enrolled in the district, as reported under division      3,079        

(A)(1) of this section;                                                         

      (2)  The excess costs computed in accordance with division   3,081        

(E) of this section for any adjacent district or other district    3,082        

students, except for any adjacent or other district joint          3,085        

vocational students, receiving special education and related       3,087        

services in the district;                                                       

      (3)  An amount equal to the number of adjacent district or   3,089        

other district joint vocational students reported under division   3,091        

(A)(1) of this section multiplied by an amount equal to            3,092        

one-fourth of the adjusted formula amount for the district.        3,093        

      (D)  To the payments made to a joint vocational school       3,095        

district under Chapter 3317. of the Revised Code, the department   3,096        

of education shall add, for each adjacent district or other        3,097        

district joint vocational student reported under division (A)(2)   3,099        

of this section, an amount equal to three-fourths of the adjusted  3,100        

formula amount of the city, exempted village, or local school      3,101        

district in which the student is also enrolled.                    3,102        

      (E)(1)  A city, exempted village, or local school board      3,104        

providing special education and related services to an adjacent    3,105        

or other district student in accordance with an IEP shall,         3,107        

pursuant to rules of the state board, compute the excess costs to  3,108        

educate such student as follows:                                   3,109        

                                                          71     


                                                                 
      (a)  Subtract the adjusted formula amount for the district   3,111        

from the actual costs to educate the student;                      3,112        

      (b)  From the amount computed under division (E)(1)(a) of    3,114        

this section subtract the amount of any funds received by the      3,115        

district under Chapter 3317. of the Revised Code to provide        3,116        

special education and related services to the student.             3,117        

      (2)  The board shall report the excess costs computed under  3,119        

this division to the department of education.                      3,120        

      (3)  If any student for whom excess costs are computed       3,122        

under division (E)(1) of this section is an adjacent or other      3,123        

district joint vocational student, the department of education     3,125        

shall add the amount of such excess costs to the payments made     3,126        

under Chapter 3317. of the Revised Code to the joint vocational    3,127        

school district enrolling the student.                             3,128        

      (F)  Notwithstanding section 3317.03 of the Revised Code,    3,130        

no joint vocational school district shall count any adjacent or    3,132        

other district joint vocational student enrolled in the district   3,133        

in its average daily membership certified under section 3317.03    3,134        

of the Revised Code.                                                            

      (G)  No city, exempted village, or local school district     3,136        

shall receive a payment under division (C) of this section for a   3,137        

student, and no joint vocational school district shall receive a   3,138        

payment under division (D) of this section for a student, if for   3,139        

the same school year that student is counted in the district's     3,140        

formula ADM or average daily membership certified under section    3,142        

3317.03 of the Revised Code.                                                    

      (H)  Upon request of a parent, and provided the board        3,144        

offers transportation to native students of the same grade level   3,145        

and distance from school under section 3327.01 of the Revised      3,146        

Code, a city, exempted village, or local school board enrolling    3,147        

an adjacent or other district student shall provide                3,148        

transportation for the student within the boundaries of the        3,150        

board's district, except that the board shall be required to pick  3,151        

up and drop off a nonhandicapped student only at a regular school  3,152        

                                                          72     


                                                                 
bus stop designated in accordance with the board's transportation  3,153        

policy.  Pursuant to rules of the state board of education, such   3,154        

board may reimburse the parent from funds received under division  3,155        

(D) of section 3317.022 of the Revised Code for the reasonable     3,156        

cost of transportation from the student's home to the designated   3,157        

school bus stop if the student's family has an income below the    3,158        

federal poverty line.                                                           

      Sec. 3314.011.  EVERY COMMUNITY SCHOOL ESTABLISHED UNDER     3,160        

THIS CHAPTER SHALL HAVE A DESIGNATED FISCAL OFFICER.  THE AUDITOR  3,161        

OF STATE MAY REQUIRE BY RULE THAT THE FISCAL OFFICER OF ANY        3,162        

COMMUNITY SCHOOL, BEFORE ENTERING UPON DUTIES AS FISCAL OFFICER    3,163        

OF THE SCHOOL, EXECUTE A BOND IN AN AMOUNT AND WITH SURETY TO BE   3,164        

APPROVED BY THE GOVERNING AUTHORITY OF THE SCHOOL, PAYABLE TO THE  3,165        

STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF ALL THE         3,166        

OFFICIAL DUTIES REQUIRED OF THE FISCAL OFFICER.  ANY SUCH BOND     3,167        

SHALL BE DEPOSITED WITH THE GOVERNING AUTHORITY OF THE SCHOOL,     3,168        

AND A COPY THEREOF, CERTIFIED BY THE GOVERNING AUTHORITY, SHALL    3,169        

BE FILED WITH THE COUNTY AUDITOR.                                  3,170        

      Sec. 3314.02.  (A)  As used in this chapter:                 3,179        

      (1)  "Sponsor" means a city, local, exempted village, or     3,181        

joint vocational board of education or the state board of          3,183        

education PUBLIC ENTITY LISTED IN DIVISION (C)(1) OF THIS SECTION  3,184        

with which the governing authority of the proposed community       3,186        

school enters into a contract pursuant to this section.                         

      (2)  "Pilot project district AREA" means a THE school        3,189        

district DISTRICTS included in the territory of a THE FORMER       3,190        

community school pilot project established by FORMER Section       3,192        

50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly.      3,193        

      (3)  "CHALLENGED SCHOOL DISTRICT" MEANS ANY OF THE           3,196        

FOLLOWING:                                                                      

      (a)  A SCHOOL DISTRICT THAT IS PART OF THE PILOT PROJECT     3,198        

AREA;                                                                           

      (b)  A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC        3,200        

EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE;               3,201        

                                                          73     


                                                                 
      (c)  A BIG EIGHT SCHOOL DISTRICT;                            3,203        

      (d)  AN URBAN SCHOOL DISTRICT.                               3,205        

      (4)  "Big eight school district" means a school district     3,208        

that for fiscal year 1997 had both of the following:               3,209        

      (a)  A percentage of children residing in the district and   3,212        

participating in the predecessor of Ohio works first greater than  3,213        

thirty per cent, as reported pursuant to section 3317.10 of the    3,214        

Revised Code;                                                      3,216        

      (b)  An average daily membership greater than twelve         3,219        

thousand, as reported pursuant to former division (A) of section   3,220        

3317.03 of the Revised Code.                                       3,221        

      (4)(5)  "New start-up school" means a community school       3,223        

other than one created by converting all or part of an existing    3,225        

public school, as designated in the school's contract pursuant to  3,226        

division (A)(17) of section 3314.03 of the Revised Code.           3,227        

      (6)  "URBAN SCHOOL DISTRICT" MEANS ONE OF THE STATE'S        3,229        

TWENTY-ONE URBAN SCHOOL DISTRICTS AS DEFINED IN DIVISION (O) OF    3,230        

SECTION 3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR  3,231        

TO JULY 1, 1998.                                                                

      (B)  Any person or group of individuals may initially        3,234        

propose under this division the conversion of all or a portion of  3,235        

a public school to a community school.  The proposal shall be      3,236        

made to the board of education of a THE city, local, or exempted   3,238        

village school district, other than a pilot project district, in   3,239        

which the public school is proposed to be converted.  Upon         3,240        

receipt of a proposal, a board may enter into a preliminary        3,241        

agreement with the person or group proposing the conversion of     3,242        

the public school, indicating the intention of the board of        3,243        

education to support the conversion to a community school.  A      3,244        

proposing person or group that has a preliminary agreement under   3,246        

this division may proceed to finalize plans for the school,                     

establish a governing authority for the school, and negotiate a    3,247        

contract with the board of education.  Provided the proposing      3,248        

person or group adheres to the preliminary agreement and all       3,249        

                                                          74     


                                                                 
provisions of this chapter, the board of education shall           3,250        

negotiate in good faith to enter into a contract in accordance                  

with section 3314.03 of the Revised Code and division (C) of this  3,251        

section.                                                                        

      (C)(1)  Any person or group of individuals may propose       3,254        

under this division the establishment of a new start-up school to  3,255        

be located in a big eight CHALLENGED school district other than a  3,256        

pilot project district.  Such THE proposal may be made to any of   3,258        

the following public entities:                                     3,259        

      (a)  The board of education of the big eight school          3,262        

district in which the school is proposed to be located;            3,263        

      (b)  The board of education of any joint vocational school   3,266        

district with territory in the county in which IS LOCATED the      3,267        

majority of the territory of that big eight THE district IN WHICH  3,268        

THE SCHOOL is PROPOSED TO BE located;                              3,269        

      (c)  The board of education of any other city, local, or     3,272        

exempted village school district having territory in the same      3,273        

county in which that big eight WHERE THE district IN WHICH THE     3,274        

SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its      3,275        

territory;                                                                      

      (d)  The state board of education;                           3,277        

      (e)  IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT    3,279        

PROJECT AREA, THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE       3,281        

CENTER SERVING THE COUNTY CONTAINING THE MAJORITY OF THE           3,283        

TERRITORY OF THE PILOT PROJECT AREA;                                            

      (f)  IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT    3,285        

PROJECT AREA, A SPONSORING AUTHORITY DESIGNATED BY THE BOARD OF    3,287        

TRUSTEES OF A STATE UNIVERSITY LOCATED IN THE PILOT PROJECT AREA,  3,289        

OR THE BOARD OF TRUSTEES ITSELF.                                                

      Such big eight district board, joint vocational board,       3,291        

other school district board, or state board THE PUBLIC ENTITY may  3,292        

enter into a preliminary agreement pursuant to division (C)(2) of  3,294        

this section with the proposing person or group.                   3,295        

      (2)  A preliminary agreement indicates the intention of a    3,298        

                                                          75     


                                                                 
public entity described in division (C)(1) of this section to      3,300        

sponsor the community school.  A proposing person or group that    3,301        

has such a preliminary agreement may proceed to finalize plans     3,302        

for the school, establish a governing authority for the school,    3,303        

and negotiate a contract with the public entity.  Provided the                  

proposing person or group adheres to the preliminary agreement     3,305        

and all provisions of this chapter, the public entity shall        3,306        

negotiate in good faith to enter into a contract in accordance     3,307        

with section 3314.03 of the Revised Code.                          3,308        

      (3)  A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL   3,310        

DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY   3,311        

UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN          3,312        

EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF      3,313        

ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN                  

THE SCHOOL AND A SPONSOR.                                          3,314        

      (D)  A majority vote of a sponsoring school district board   3,316        

and a majority vote of the members of the governing authority of   3,317        

a community school shall be required to adopt a contract and       3,318        

convert the public school to a community school or establish the   3,319        

new start-up school.  An unlimited number of community schools     3,321        

may be established in any school district provided that a          3,323        

contract is entered into for each community school pursuant to                  

this chapter.                                                      3,324        

      Sec. 3314.021.  IF THE DEPARTMENT OF EDUCATION RECEIVES ANY  3,326        

APPLICATION PROPOSING A COMMUNITY SCHOOL TO BE LOCATED IN A CITY,  3,327        

LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT UNDER THIS CHAPTER,     3,328        

THE DEPARTMENT SHALL SEND A NOTICE TO THE PRESIDENT OF THE BOARD   3,329        

OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE COMMUNITY SCHOOL  3,330        

WOULD BE LOCATED INFORMING THE BOARD OF THE APPLICATION.  IF ANY   3,331        

MEMBER OF THE BOARD OF EDUCATION REQUESTS A COPY OF THE            3,332        

APPLICATION, THE DEPARTMENT SHALL FURNISH A COPY TO THAT MEMBER.   3,333        

      Sec. 3314.03.  (A)  Each contract entered into under         3,342        

section 3314.02 of the Revised Code between a sponsor and the      3,343        

governing authority of a community school shall specify the        3,344        

                                                          76     


                                                                 
following:                                                                      

      (1)  That the school shall be established as a nonprofit     3,346        

corporation established under Chapter 1702. of the Revised Code;   3,347        

      (2)  The education program of the school, including the      3,349        

school's mission, the characteristics of the students the school   3,350        

is expected to attract, the ages and grades of students, and the   3,351        

focus of the curriculum;                                           3,352        

      (3)  The academic goals to be achieved and the method of     3,354        

measurement that will be used to determine progress toward those   3,355        

goals, which shall include the statewide proficiency tests;        3,356        

      (4)  Performance standards by which the success of the       3,358        

school will be evaluated by the sponsor;                           3,359        

      (5)  The admission standards of section 3314.06 of the       3,361        

Revised Code;                                                      3,362        

      (6)  Dismissal procedures;                                   3,364        

      (7)  The ways by which the school will achieve racial and    3,366        

ethnic balance reflective of the community it serves;              3,367        

      (8)  Requirements and procedures for financial audits by     3,370        

the auditor of state.  The contract shall require financial        3,371        

records of the school to be maintained in the same manner as are   3,374        

financial records of school districts, pursuant to rules of the    3,375        

auditor of state and the audits shall be conducted in accordance   3,376        

with section 117.10 of the Revised Code.                                        

      (9)  The facility FACILITIES to be used and its location     3,378        

THEIR LOCATIONS;                                                   3,379        

      (10)  Qualifications of teachers, including a requirement    3,381        

that the school's classroom teachers be licensed in accordance     3,382        

with sections 3319.22 to 3319.31 of the Revised Code, except that  3,383        

a community school may engage noncertificated persons to teach up  3,384        

to twelve hours per week pursuant to section 3319.301 of the       3,385        

Revised Code;                                                                   

      (11)  That the school will comply with the following         3,387        

requirements:                                                      3,388        

      (a)  The school will provide learning opportunities to a     3,390        

                                                          77     


                                                                 
minimum of twenty-five students for a minimum of nine hundred      3,392        

twenty hours per school year;                                                   

      (b)  The governing authority will purchase liability         3,395        

insurance, or otherwise provide for the potential liability of     3,396        

the school;                                                                     

      (c)  The school will be nonsectarian in its programs,        3,399        

admission policies, employment practices, and all other            3,400        

operations, and will not be operated by a sectarian school or      3,401        

religious institution;                                                          

      (d)  The school will comply with sections 9.90, 9.91,        3,403        

109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710,    3,405        

3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661,        3,406        

3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80,  3,407        

3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and         3,408        

4113.52 and Chapters 117., 1347., 2744., 3365., 4112., 4123.,      3,409        

4141., and 4167. of the Revised Code as if it were a school        3,410        

district;                                                                       

      (e)  The school shall comply with Chapter 102. of the        3,412        

Revised Code except that nothing in that chapter shall prohibit a  3,413        

member of the school's governing board from also being an          3,414        

employee of the school and nothing in that chapter or section      3,415        

2921.42 of the Revised Code shall prohibit a member of the         3,416        

school's governing board from having an interest in a contract     3,417        

into which the governing board enters;                             3,418        

      (f)  The school will comply with sections 3313.61 and        3,420        

3313.611 of the Revised Code, except that the requirement in       3,422        

those sections that a person must successfully complete the        3,423        

curriculum in any high school prior to receiving a high school     3,424        

diploma may be met by completing the curriculum adopted by the                  

governing authority of the community school rather than the        3,426        

curriculum specified in Title XXXIII of the Revised Code or any    3,427        

rules of the state board of education;                                          

      (g)  The school governing authority will submit an annual    3,429        

report of its activities and progress in meeting the goals and     3,430        

                                                          78     


                                                                 
standards of divisions (A)(3) and (4) of this section and its      3,431        

financial status to the sponsor, the parents of all students       3,432        

enrolled in the school, and the legislative office of education    3,433        

oversight.  THE SCHOOL WILL COLLECT AND PROVIDE ANY DATA THAT THE  3,435        

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT REQUESTS IN FURTHERANCE  3,436        

OF ANY STUDY OR RESEARCH THAT THE GENERAL ASSEMBLY REQUIRES THE                 

OFFICE TO CONDUCT, INCLUDING THE STUDIES REQUIRED UNDER SECTION    3,437        

50.39 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY AND       3,439        

SECTION 50.52.2 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL          3,441        

ASSEMBLY, AS AMENDED.                                                           

      (12)  Arrangements for providing health and other benefits   3,443        

to employees;                                                      3,444        

      (13)  The length of the contract, which shall begin at the   3,446        

beginning of an academic year and shall not exceed five years;     3,447        

      (14)  The governing authority of the school, which shall be  3,449        

responsible for carrying out the provisions of the contract;       3,450        

      (15)  A financial plan detailing an estimated school budget  3,452        

for each year of the period of the contract and specifying the     3,453        

total estimated per pupil expenditure amount for each such year.   3,454        

The plan shall specify for each year the base formula amount that  3,456        

will be used for purposes of funding calculations under section                 

3314.08 of the Revised Code.  This base formula amount for any     3,457        

year shall not exceed the formula amount defined under section     3,458        

3317.02 of the Revised Code.  The plan may also specify for any    3,460        

year a percentage figure to be used for reducing the per pupil                  

amount of disadvantaged pupil impact aid calculated pursuant to    3,461        

section 3317.029 of the Revised Code the school is to receive      3,463        

that year under section 3314.08 of the Revised Code.                            

      (16)  Requirements and procedures regarding the disposition  3,465        

of employees of the school in the event the contract is            3,466        

terminated or not renewed pursuant to section 3314.07 of the       3,467        

Revised Code;                                                                   

      (17)  Whether the school is to be created by converting all  3,470        

or part of an existing public school or is to be a new start-up                 

                                                          79     


                                                                 
school, and if it is a converted public school, specification of   3,471        

any duties or responsibilities of an employer that the board of    3,472        

education that operated the school before conversion is            3,473        

delegating to the governing board of the community school with     3,474        

respect to all or any specified group of employees provided the                 

delegation is not prohibited by a collective bargaining agreement  3,475        

applicable to such employees;                                      3,476        

      (18)  Provisions establishing procedures for resolving       3,478        

disputes or differences of opinion between the sponsor and the     3,479        

governing authority of the community school;                       3,480        

      (19)  A PROVISION REQUIRING THE GOVERNING AUTHORITY TO       3,482        

ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE      3,484        

OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED.  THAT POLICY  3,485        

SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION   3,486        

3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE     3,487        

AUTHORITY, SHALL DO ONE OF THE FOLLOWING:                                       

      (a)  PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE  3,489        

THE DISTRICT IN WHICH THE SCHOOL IS LOCATED;                       3,490        

      (b)  PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN         3,492        

DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS          3,493        

LOCATED;                                                                        

      (c)  PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY     3,495        

OTHER DISTRICT IN THE STATE.                                       3,496        

      (B)  The community school shall also submit to the sponsor   3,498        

a comprehensive plan for the school.  The plan shall specify the   3,500        

following:                                                                      

      (1)  The process by which the governing authority of the     3,502        

school will be selected in the future;                             3,503        

      (2)  The management and administration of the school;        3,505        

      (3)  If the community school is a currently existing public  3,508        

school, alternative arrangements for current public school         3,509        

students who choose not to attend the school and teachers who      3,510        

choose not to teach in the school after conversion;                3,511        

      (4)  The instructional program and educational philosophy    3,513        

                                                          80     


                                                                 
of the school;                                                     3,514        

      (5)  Internal financial controls.                            3,516        

      (C)  A contract entered into under section 3314.02 of the    3,518        

Revised Code between a sponsor and the governing authority of a    3,520        

community school may provide for the community school governing                 

authority to make payments to the sponsor, which is hereby         3,521        

authorized to receive such payments as set forth in the contract   3,522        

between the governing authority and the sponsor.                   3,523        

      Sec. 3314.05.  The contract between the community school     3,532        

and the sponsor shall specify the facility FACILITIES to be used   3,533        

for the community school and the method of acquisition.  Any A     3,535        

SCHOOL MAY BE LOCATED IN MULTIPLE FACILITIES UNDER THE SAME        3,536        

CONTRACT ONLY IF THE LIMITATIONS ON AVAILABILITY OF SPACE          3,537        

PROHIBIT SERVING ALL THE GRADE LEVELS SPECIFIED IN THE CONTRACT                 

IN A SINGLE FACILITY.  THE SCHOOL SHALL NOT OFFER THE SAME GRADE   3,538        

LEVEL CLASSROOMS IN MORE THAN ONE FACILITY.                        3,539        

      ANY facility used for a community school shall meet all      3,542        

health and safety standards established by law for school                       

buildings.                                                                      

      In the case where a community school is proposed to be       3,544        

located in a facility owned by a school district or educational    3,545        

service center, the facility may not be used for such community    3,547        

school unless the district or service center board owning the      3,548        

facility enters into an agreement for the community school to                   

utilize the facility.  Use of the facility may be under any terms  3,550        

and conditions agreed to by the district or service center board   3,551        

and the school.                                                                 

      Sec. 3314.06.  The governing authority of each community     3,560        

school established under this chapter shall adopt admission        3,561        

procedures that specify the following:                             3,562        

      (A)  That except as otherwise provided in this section,      3,564        

admission to the school shall be open only to any individual age   3,565        

five to twenty-two entitled to attend school pursuant to section   3,567        

3313.64 or 3313.65 of the Revised Code in the A school district    3,568        

                                                          81     


                                                                 
in which the school is located or who was enrolled in the          3,569        

converted school during the school year preceding the year of its  3,570        

conversion to a community school THE STATE.                        3,571        

      (B)  That admission to the school may be limited to          3,573        

students who have attained a specific grade level or are within a  3,575        

specific age group; to students that meet a definition of                       

"at-risk," as defined in the contract; or to residents of a        3,576        

specific geographic area WITHIN THE DISTRICT, as defined in the    3,578        

contract, that is within the school district in which the school   3,579        

is located.                                                                     

      (C)  WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE    3,581        

IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO       3,582        

RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED    3,583        

PURSUANT TO THE CONTRACT.                                                       

      (D)  That there will be no discrimination in the admission   3,585        

of students to the school on the basis of race, creed, color,      3,586        

handicapping condition, or sex; and that, upon admission of any    3,588        

handicapped student, the community school will comply with all     3,589        

federal and state laws regarding the education of handicapped      3,590        

students.                                                                       

      (D)(E)  That the school may not limit admission to students  3,592        

on the basis of intellectual ability, measures of achievement or   3,594        

aptitude, or athletic ability.                                     3,595        

      (E)(F)  That the community school will admit the number of   3,597        

students that does not exceed the capacity of the school's         3,600        

programs, classes, grade levels, or facilities.                    3,601        

      (F)(G)  That, except as otherwise provided under division    3,603        

(B) of this section, if the number of applicants exceeds the       3,604        

capacity restrictions of division (E)(F) of this section,          3,605        

students shall be admitted by lot from all those submitting        3,606        

applications, except preference shall be given to students         3,607        

attending the school the previous year and TO STUDENTS WHO RESIDE  3,608        

IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED.  PREFERENCE may    3,609        

be given to siblings of such students ATTENDING THE SCHOOL THE     3,610        

                                                          82     


                                                                 
PREVIOUS YEAR.                                                                  

      Notwithstanding divisions (A) through (F)(G) of this         3,612        

section, in the event the racial composition of the enrollment of  3,613        

the community school is violative of a federal desegregation       3,614        

order, the community school shall take any and all corrective      3,615        

measures to comply with the desegregation order.                   3,616        

      Sec. 3314.071.  ANY CONTRACT ENTERED INTO BY THE GOVERNING   3,618        

AUTHORITY OR ANY OFFICER OR DIRECTOR OF A COMMUNITY SCHOOL,        3,619        

INCLUDING THE CONTRACT REQUIRED BY SECTIONS 3314.02 AND 3314.03    3,620        

OF THE REVISED CODE, IS DEEMED TO BE ENTERED INTO BY SUCH          3,621        

INDIVIDUALS IN THEIR OFFICIAL CAPACITIES AS REPRESENTATIVES OF     3,622        

THE COMMUNITY SCHOOL.  NO OFFICER, DIRECTOR, OR MEMBER OF THE      3,624        

GOVERNING AUTHORITY OF A COMMUNITY SCHOOL INCURS ANY PERSONAL                   

LIABILITY BY VIRTUE OF ENTERING INTO ANY CONTRACT ON BEHALF OF     3,625        

THE SCHOOL.                                                        3,626        

      Sec. 3314.08.  (A)  As used in this section:                 3,635        

      (1)  "Base formula amount" means the amount specified as     3,638        

such in a community school's financial plan for a school year      3,639        

pursuant to division (A)(15) of section 3314.03 of the Revised     3,640        

Code.                                                                           

      (2)  "Cost-of-doing-business factor" has the same meaning    3,642        

as in section 3317.02 of the Revised Code.                         3,643        

      (3)  "IEP" means an individualized education program AS      3,646        

defined by division (E) of IN section 3323.01 of the Revised       3,647        

Code.                                                                           

      (4)  "Average county cost" means the cost, averaged among    3,650        

school districts within a county, of providing special education   3,651        

and related services to similarly handicapped children, as         3,653        

calculated in a manner acceptable to the superintendent of public  3,655        

instruction "APPLICABLE WEIGHT" MEANS:                             3,656        

      (a)  FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED   3,658        

SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION   3,659        

(A) OF SECTION 3317.013 OF THE REVISED CODE, THE MULTIPLE          3,661        

SPECIFIED IN THAT DIVISION;                                                     

                                                          83     


                                                                 
      (b)  FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED   3,663        

SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION   3,664        

(B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF   3,666        

THE REVISED CODE, THE MULTIPLE SPECIFIED IN DIVISION (B) OF        3,667        

SECTION 3317.013 OF THE REVISED CODE.                              3,668        

      (5)  "TOTAL SPECIAL EDUCATION WEIGHT" MEANS THE SUM OF THE   3,670        

FOLLOWING:                                                         3,671        

      (a)  THE NUMBER OF STUDENTS REPORTED UNDER DIVISION          3,674        

(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN     3,675        

THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A       3,676        

COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL    3,677        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A    3,678        

HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE      3,679        

REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION     3,680        

(A) OF SECTION 3317.013 OF THE REVISED CODE;                       3,681        

      (b)  ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER          3,683        

DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND      3,686        

SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A                       

COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL    3,688        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A    3,689        

HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE      3,690        

REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION     3,692        

(A) OF SECTION 3317.013 OF THE REVISED CODE;                       3,693        

      (c)  THE NUMBER OF STUDENTS REPORTED UNDER DIVISION          3,696        

(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN     3,697        

THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A       3,698        

COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL    3,699        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A    3,700        

HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR          3,701        

DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE,            3,702        

MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION    3,704        

3317.013 OF THE REVISED CODE;                                      3,705        

      (d)  ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER          3,707        

DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND      3,710        

                                                          84     


                                                                 
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A                       

COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL    3,712        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A    3,713        

HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR          3,714        

DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE,            3,716        

MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION    3,718        

3317.013 OF THE REVISED CODE.                                      3,719        

      (6)  "ENTITLED TO ATTEND SCHOOL" MEANS ENTITLED TO ATTEND    3,721        

SCHOOL IN A DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE       3,722        

REVISED CODE.                                                      3,723        

      (7)  "DPIA reduction factor" means the percentage figure,    3,726        

if any, specified for reducing the per pupil amount of             3,727        

disadvantaged pupil impact aid a community school is entitled to   3,728        

receive pursuant to division DIVISIONS (D)(3)(4) AND (5) of this   3,729        

section in any year, as specified in the school's financial plan   3,732        

for the year pursuant to division (A)(15) of section 3314.03 of    3,733        

the Revised Code.                                                               

      (8)  "ALL-DAY KINDERGARTEN" HAS THE SAME MEANING AS IN       3,735        

SECTION 3317.029 OF THE REVISED CODE.                              3,736        

      (B)  The state board of education shall adopt rules          3,738        

requiring both of the following:                                   3,739        

      (1)  The board of education of each city, exempted village,  3,741        

and local school district to annually report the number of         3,742        

students entitled to attend school in the district pursuant to     3,743        

section 3313.64 or 3313.65 of the Revised Code who are enrolled    3,745        

in grades one through twelve and one-half of the kindergarten      3,746        

students enrolled in a community school established under this     3,747        

chapter, THE NUMBER OF STUDENTS ENTITLED TO ATTEND SCHOOL IN THE   3,748        

DISTRICT WHO ARE ENROLLED IN KINDERGARTEN IN A COMMUNITY SCHOOL,   3,749        

THE NUMBER OF THOSE KINDERGARTNERS WHO ARE ENROLLED IN ALL-DAY     3,751        

KINDERGARTEN IN THEIR COMMUNITY SCHOOL, and for each child, the    3,754        

community school in which the child is enrolled.  In addition,     3,756        

for each such child receiving special education and related        3,757        

services enrolled in grades kindergarten through twelve or in a    3,758        

                                                          85     


                                                                 
preschool handicapped unit in a community school pursuant to an    3,760        

IEP, the board shall report the average county cost for such       3,762        

child.  If the district receives disadvantaged pupil impact aid    3,764        

pursuant to division (B) or divisions (C) and (E) of section       3,765        

3317.029 of the Revised Code, it also shall report the amount      3,766        

received for each such child.                                                   

      (2)  The governing authority of each community school        3,768        

established under this chapter to annually report ALL OF the       3,769        

FOLLOWING:                                                         3,770        

      (a)  THE number of students enrolled in grades one through   3,773        

twelve and one-half the number of kindergarten students ENROLLED   3,775        

IN KINDERGARTEN in the school who are not receiving special        3,776        

education and related services pursuant to an IEP; the             3,777        

      (b)  THE number of enrolled students in grades one through   3,779        

twelve and one-half the number of ENROLLED STUDENTS IN             3,780        

kindergarten students, who are receiving special education and     3,783        

related services pursuant to an IEP; the                           3,784        

      (c)  THE NUMBER OF STUDENTS REPORTED UNDER DIVISION          3,787        

(B)(2)(b) OF THIS SECTION RECEIVING SPECIAL EDUCATION AND RELATED  3,788        

SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN EACH OF    3,789        

DIVISIONS (A) AND (B) OF SECTION 3317.013 AND DIVISION (F)(3) OF   3,791        

SECTION 3317.02 OF THE REVISED CODE;                               3,793        

      (d)  THE number of enrolled preschool handicapped students   3,796        

receiving special education services in a state-funded unit; the   3,797        

      (e)  THE community school's base formula amount; and         3,800        

      (f)  FOR EACH STUDENT, the city, exempted village, or local  3,803        

school district in which the school STUDENT is located.  Each      3,805        

governing authority shall also report any ENTITLED TO ATTEND       3,806        

SCHOOL;                                                                         

      (g)  ANY DPIA reduction factor that applies to a school      3,809        

year.                                                                           

      (C)  From the payments made to a city, exempted village, or  3,811        

local school district under Chapter 3317. of the Revised Code      3,812        

and, if necessary, sections 321.14 and 323.156 of the Revised      3,813        

                                                          86     


                                                                 
Code, the department of education shall annually subtract all of   3,814        

the following:                                                                  

      (1)  An amount equal to the sum of the amounts obtained      3,816        

when, for each community school where the district's students are  3,817        

enrolled, the number of the district's students reported under     3,818        

division DIVISIONS (B)(2)(a) AND (b) of this section who are       3,819        

enrolled in grades one through twelve, and one-half the number of  3,820        

STUDENTS REPORTED UNDER THOSE DIVISIONS WHO ARE ENROLLED IN        3,821        

kindergarten students, in that community school and are not        3,823        

receiving special education and related services pursuant to an    3,824        

IEP is multiplied by the base formula amount of that community     3,825        

school as adjusted by the school district's                        3,826        

cost-of-doing-business factor.                                                  

      (2)  The sum PRODUCT of the average county costs for all     3,828        

NUMBER OF district students reported under division (B)(2)(c) of   3,831        

this section AS ENROLLED IN GRADES ONE THROUGH TWELVE, AND         3,832        

ONE-HALF OF THE NUMBER OF DISTRICT STUDENTS REPORTED UNDER THAT    3,833        

DIVISION AS ENROLLED IN KINDERGARTEN, who are to be receiving      3,835        

special education and related services pursuant to an IEP in       3,836        

their respective community schools, less the sum of the prorated   3,838        

share for each such student of any amounts received from state     3,839        

preschool handicapped unit funding or from federal funds to        3,840        

provide special education and related services to students in the  3,841        

respective community schools.  This prorated share of state or     3,842        

federal funds received for each such student shall be determined   3,843        

on the basis of all such funds received by a community school for  3,844        

students receiving similar services, as calculated in a manner     3,845        

acceptable to the superintendent of public instruction. FOR A      3,847        

HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR   3,849        

DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE,            3,851        

MULTIPLIED BY THE TOTAL SPECIAL EDUCATION WEIGHT;                  3,852        

      (3)  An amount equal to the sum of the amounts obtained      3,854        

when, for each community school where the district's students are  3,855        

enrolled, the number of the district's students enrolled in that   3,856        

                                                          87     


                                                                 
community school and residing in the district in a family          3,857        

participating in Ohio works first under Chapter 5107. of the       3,858        

Revised Code is multiplied by the per pupil amount of                           

disadvantaged pupil impact aid the school district receives that   3,859        

year pursuant to division (B) or divisions (C) and (E) of section  3,860        

3317.029 of the Revised Code, as adjusted by any DPIA reduction    3,862        

factor of that community school.  IF THE DISTRICT RECEIVES         3,863        

DISADVANTAGED PUPIL IMPACT AID UNDER DIVISION (B) OF THAT          3,864        

SECTION, THE PER PUPIL AMOUNT OF THAT AID IS THE QUOTIENT OF THE   3,865        

AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE    3,866        

NUMBER OF CHILDREN AGES FIVE THROUGH SEVENTEEN RESIDING IN THE     3,867        

DISTRICT AND LIVING IN A FAMILY PARTICIPATING IN OHIO WORKS        3,868        

FIRST, AS MOST RECENTLY REPORTED UNDER SECTION 3317.10 OF THE      3,869        

REVISED CODE.  IF THE DISTRICT RECEIVES DISADVANTAGED PUPIL        3,871        

IMPACT AID UNDER DIVISION (C) OF SECTION 3317.029 OF THE REVISED   3,872        

CODE, THE PER PUPIL AMOUNT OF THAT AID IS THE PER PUPIL DOLLAR     3,874        

AMOUNT PRESCRIBED FOR THE DISTRICT IN DIVISION (C)(1) OR (2) OF    3,875        

THAT SECTION.                                                                   

      (4)  AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED      3,877        

WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE  3,878        

ENROLLED, THE DISTRICT'S PER PUPIL AMOUNT OF AID RECEIVED UNDER    3,879        

DIVISION (E) OF SECTION 3317.029 OF THE REVISED CODE, AS ADJUSTED  3,880        

BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY SCHOOL, IS           3,882        

MULTIPLIED BY THE SUM OF THE FOLLOWING:                            3,883        

      (a)  THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER    3,885        

DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE  3,887        

TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING        3,890        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP;         3,892        

      (b)  ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED    3,894        

IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY       3,895        

SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED     3,896        

SERVICES PURSUANT TO AN IEP;                                       3,897        

      (c)  ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED    3,899        

IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT   3,900        

                                                          88     


                                                                 
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN    3,901        

IEP.                                                                            

      THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E)    3,903        

OF SECTION 3317.029 OF THE REVISED CODE IS THE QUOTIENT OF THE     3,904        

AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE    3,906        

DISTRICT'S KINDERGARTEN THROUGH THIRD GRADE ADM, AS DEFINED IN     3,907        

THAT SECTION.                                                      3,908        

      (D)  The department shall annually pay to a community        3,910        

school established under this chapter all of the following:        3,911        

      (1)  An amount equal to the sum of the amounts obtained      3,913        

when the number of students enrolled in grades one through         3,914        

twelve, plus one-half of the kindergarten students in the school   3,915        

as, reported under division DIVISIONS (B)(2)(a) AND (b) of this    3,918        

section who are not receiving special education and related        3,919        

services pursuant to an IEP FOR A HANDICAP DESCRIBED IN DIVISION   3,920        

(A) OR (B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION       3,921        

3317.02 OF THE REVISED CODE is multiplied by the community         3,922        

school's base formula amount, as adjusted by the                   3,923        

cost-of-doing-business factor of the school district in which the  3,924        

school STUDENT is located ENTITLED TO ATTEND SCHOOL;               3,925        

      (2)  For THE GREATER OF THE FOLLOWING:                       3,928        

      (a)  THE AGGREGATE AMOUNT THAT THE DEPARTMENT PAID TO THE    3,930        

COMMUNITY SCHOOL IN FISCAL YEAR 1999 FOR STUDENTS RECEIVING        3,931        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO IEPs,           3,933        

EXCLUDING FEDERAL FUNDS AND STATE DISADVANTAGED PUPIL IMPACT AID   3,935        

FUNDS;                                                                          

      (b)  THE SUM OF THE AMOUNTS CALCULATED UNDER DIVISIONS       3,938        

(D)(2)(b)(i) AND (ii) OF THIS SECTION:                             3,939        

      (i)  FOR each student REPORTED UNDER DIVISION (B)(2)(c) OF   3,943        

THIS SECTION AS enrolled in the school IN GRADES ONE THROUGH       3,944        

TWELVE AND receiving special education and related services        3,945        

pursuant to an IEP, an amount equal to the average county cost     3,946        

for such student, less a prorated share for the student of any     3,947        

FOR A HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION         3,949        

                                                          89     


                                                                 
3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED      3,952        

CODE, THE FOLLOWING AMOUNT:                                                     

        (THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT X THE          3,954        

 COST-OF-DOING-BUSINESS FACTOR OF THE DISTRICT WHERE THE STUDENT   3,955        

     IS ENTITLED TO ATTEND SCHOOL) + (THE APPLICABLE WEIGHT        3,956        

         X THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT);            3,957        

      (ii)  FOR EACH STUDENT REPORTED UNDER DIVISION (B)(2)(c) OF  3,961        

THIS SECTION AS ENROLLED IN KINDERGARTEN AND RECEIVING SPECIAL                  

EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A HANDICAP   3,963        

DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR DIVISION   3,965        

(F)(3) OF SECTION 3317.02 OF THE REVISED CODE, ONE-HALF OF THE     3,967        

AMOUNT CALCULATED UNDER THE FORMULA PRESCRIBED IN DIVISION         3,968        

(D)(2)(b)(i) OF THIS SECTION.                                                   

      (3)  AN amount received from state preschool handicapped     3,971        

unit funding or federal funds to provide special education and     3,972        

related services to students in the community school.  This        3,973        

prorated share shall be, AS determined as described under          3,974        

division (C)(2) of this section BY THE SUPERINTENDENT OF PUBLIC    3,976        

INSTRUCTION.                                                                    

      (3)(4)  An amount equal to the SUM OF THE AMOUNTS OBTAINED   3,978        

WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S        3,980        

STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE number of THAT         3,982        

DISTRICT'S students enrolled in the community school and residing  3,983        

in the school district in a family participating in Ohio works     3,985        

first IS multiplied by the per pupil amount of disadvantaged                    

pupil impact aid that school district receives that year pursuant  3,987        

to division (B) or divisions (C) and (E) of section 3317.029 of    3,989        

the Revised Code, as adjusted by any DPIA reduction factor of the  3,990        

community school.  THE PER PUPIL AMOUNT OF AID SHALL BE            3,992        

DETERMINED AS DESCRIBED IN DIVISION (C)(3) OF THIS SECTION.        3,993        

      (5)  AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED      3,995        

WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S        3,996        

STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE DISTRICT'S PER PUPIL   3,997        

AMOUNT OF AID RECEIVED UNDER DIVISION (E) OF SECTION 3317.029 OF   3,998        

                                                          90     


                                                                 
THE REVISED CODE, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE  4,001        

COMMUNITY SCHOOL, IS MULTIPLIED BY THE SUM OF THE FOLLOWING:       4,002        

      (a)  THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER    4,004        

DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE  4,006        

TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING        4,009        

SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP;         4,011        

      (b)  ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED    4,013        

IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY       4,014        

SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED     4,015        

SERVICES PURSUANT TO AN IEP;                                       4,016        

      (c)  ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED    4,018        

IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT   4,019        

RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN    4,020        

IEP.                                                                            

      THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E)    4,022        

OF SECTION 3317.029 OF THE REVISED CODE SHALL BE DETERMINED AS     4,023        

DESCRIBED IN DIVISION (C)(4) OF THIS SECTION.                      4,024        

      (E)  IF A COMMUNITY SCHOOL'S COSTS FOR A FISCAL YEAR FOR A   4,026        

STUDENT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT  4,027        

TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION (F)(3) OF SECTION   4,029        

3317.02 OF THE REVISED CODE ARE TWENTY-FIVE THOUSAND DOLLARS OR    4,031        

MORE, THE SCHOOL MAY SUBMIT TO THE SUPERINTENDENT OF PUBLIC        4,032        

INSTRUCTION DOCUMENTATION, AS PRESCRIBED BY THE SUPERINTENDENT,    4,033        

OF ALL ITS COSTS FOR THAT STUDENT.  UPON SUBMISSION OF             4,034        

DOCUMENTATION FOR A STUDENT OF THE TYPE AND IN THE MANNER          4,035        

PRESCRIBED, THE DEPARTMENT SHALL PAY TO THE DISTRICT AN AMOUNT     4,036        

EQUAL TO THE SCHOOL'S COSTS FOR THE STUDENT IN EXCESS OF           4,037        

TWENTY-FIVE THOUSAND DOLLARS.                                                   

        THE COMMUNITY SCHOOL SHALL ONLY REPORT, AND THE            4,039        

DEPARTMENT SHALL ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES   4,040        

AND THE RELATED SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE     4,041        

WITH THE STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM.  ANY LEGAL    4,042        

FEES, COURT COSTS, OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF     4,043        

ACTION RELATING TO THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT.  4,044        

                                                          91     


                                                                 
      (F)  A community school may apply to the department of       4,046        

education for preschool handicapped or gifted unit funding the     4,047        

school would receive if it were a school district.  Upon request   4,048        

of its governing authority, a community school that received unit  4,050        

funding as a school district-operated school before it became a                 

community school shall retain any units awarded to it as a school  4,051        

district-operated school provided the school continues to meet     4,052        

eligibility standards for the unit.                                4,053        

      A community school shall be considered a school district     4,055        

and its governing authority shall be considered a board of         4,056        

education for the purpose of applying to any state or federal      4,057        

agency for grants that a school district may receive under         4,058        

federal or state law or any appropriations act of the general      4,059        

assembly.  The governing authority of a community school may       4,060        

apply to any private entity for additional funds.                  4,061        

      (F)(G)  A board of education sponsoring a community school   4,063        

may utilize local funds to make enhancement grants to the school   4,064        

or may agree, either as part of the contract or separately, to     4,065        

provide any specific services to the community school at no cost   4,066        

to the school.                                                                  

      (G)(H)  A community school may not levy taxes or issue       4,068        

bonds secured by tax revenues.                                     4,069        

      (H)(I)  No community school shall charge tuition for the     4,071        

enrollment of any student.                                         4,072        

      (I)(J)  A community school may borrow money to pay any       4,074        

necessary and actual expenses of the school in anticipation of     4,076        

the receipt of any portion of the payments to be received by the   4,077        

school pursuant to division (D) of this section.  The school may   4,078        

issue notes to evidence such borrowing to mature no later than     4,079        

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      4,080        

which the anticipated receipts may be lawfully expended by the     4,081        

school.                                                                         

      (J)(K)  For purposes of determining the number of students   4,084        

                                                          92     


                                                                 
for which division DIVISIONS (D)(3)(4) AND (5) of this section     4,085        

applies in any school year, a community school may submit to the   4,087        

state department of human services, no later than the first day                 

of March, a list of the students enrolled in the school.  For      4,089        

each student on the list, the community school shall indicate the               

student's name, address, and date of birth and the school          4,090        

district where the student is entitled to attend school under      4,091        

section 3313.64 or 3313.65 of the Revised Code.  Upon receipt of   4,093        

a list under this division, the department of human services       4,095        

shall determine, for each school district where one or more        4,096        

students on the list is entitled to attend school under section    4,097        

3313.64 or 3313.65 of the Revised Code, the number of students     4,100        

residing in that school district who were included in the                       

department's report under section 3317.10 of the Revised Code.     4,102        

The department shall make this determination on the basis of       4,103        

information readily available to it.  Upon making this             4,104        

determination and no later than ninety days after submission of    4,105        

the list by the community school, the department shall report to   4,106        

the state department of education the number of students on the    4,107        

list who reside in each school district who were included in the   4,108        

department's report under section 3317.10 of the Revised Code.     4,109        

In complying with this division, the department of human services  4,110        

shall not report to the state department of education any          4,111        

personally identifiable information on any student.                             

      (K)(L)  The department of education shall adjust the         4,113        

amounts subtracted and paid under divisions (C) and (D) of this    4,114        

section to reflect any enrollment of students in community         4,115        

schools for less than the equivalent of a full school year.  FOR   4,116        

PURPOSES OF THIS SECTION, A STUDENT SHALL BE CONSIDERED ENROLLED   4,117        

IN THE COMMUNITY SCHOOL FOR ANY PORTION OF THE SCHOOL YEAR THE     4,118        

STUDENT IS PARTICIPATING AT A COLLEGE UNDER CHAPTER 3365. OF THE   4,119        

REVISED CODE.                                                                   

      (M)  THE DEPARTMENT OF EDUCATION SHALL REDUCE THE AMOUNTS    4,121        

PAID UNDER DIVISION (D) OF THIS SECTION TO REFLECT PAYMENTS MADE   4,122        

                                                          93     


                                                                 
TO COLLEGES UNDER DIVISION (B) OF SECTION 3365.07 OF THE REVISED   4,123        

CODE.                                                                           

      Sec. 3314.09.  The AS USED IN THIS SECTION, "NATIVE          4,132        

STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL   4,133        

DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.     4,134        

      THE board of education of the EACH city, local, or AND       4,137        

exempted village school district in which a community school is    4,139        

located shall provide transportation to AND FROM SCHOOL FOR ITS    4,140        

DISTRICT'S NATIVE students enrolled in the A community school,     4,141        

except that the board shall be required to pick up and drop off a  4,142        

nonhandicapped student only at a regular school bus stop           4,143        

designated in accordance with the board's transportation policy    4,144        

LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS                  

THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED   4,146        

IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION    4,147        

AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM        4,148        

SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY     4,149        

THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY    4,150        

OR UNREASONABLE.  A BOARD SHALL NOT BE REQUIRED TO TRANSPORT       4,151        

NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN  4,152        

ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE   4,153        

THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL    4,154        

BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S         4,155        

COORDINATOR OF SCHOOL TRANSPORTATION.                                           

      WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A   4,158        

COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF                  

PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER     4,159        

PERSON IN CHARGE OF THE CHILD.  THE AMOUNT PAID PER PUPIL SHALL    4,160        

IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER PUPIL,      4,161        

WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF CHILDREN BY  4,163        

ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT PRECEDING    4,164        

YEAR.                                                                           

      Sec. 3314.11.  The department of education shall establish   4,173        

a THE state community school commission OFFICE OF SCHOOL OPTIONS   4,175        

                                                          94     


                                                                 
TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM,  4,176        

ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND     4,177        

THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO     4,178        

SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE.  The                         

commission OFFICE shall provide SERVICES THAT FACILITATE THE       4,179        

MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT  4,180        

SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and  4,181        

information to persons or groups considering proposing a           4,182        

community school, to governing authorities of community schools,   4,183        

and to school district boards PUBLIC ENTITIES sponsoring or        4,185        

considering sponsoring a community school.                                      

      Sec. 3314.12.  The legislative office of education           4,194        

oversight shall produce and issue an annual composite              4,195        

informational report on community schools established under this   4,196        

chapter or under Section 50.52 of Amended Substitute House Bill    4,197        

No. 215 of the 122nd general assembly to the speaker of the house  4,199        

of representatives, the president of the senate, and the                        

governor.  The report shall include the number of schools in       4,200        

operation, the size and characteristics of enrollment for the      4,201        

schools, the academic performance of the schools, the financial    4,202        

status of the schools, and any other pertinent information.        4,203        

      Sec. 3314.13.  (A)  As used in this section:                 4,212        

      (1)  "All-day kindergarten" and "DPIA index" have HAS the    4,215        

same meanings MEANING as in section 3317.029 of the Revised Code.  4,217        

      (2)  "Formula amount" has the same meaning as in section     4,219        

3317.02 of the Revised Code.                                       4,220        

      (B)  The department of education annually shall pay each     4,222        

community school established under this chapter or under Section   4,223        

50.52 of Amended Substitute House Bill No. 215 of the 122nd        4,224        

general assembly one-half of the formula amount for each student   4,225        

who TO WHOM BOTH OF THE FOLLOWING APPLY:                                        

      (1)  THE STUDENT is entitled to attend school under section  4,227        

3313.64 or 3313.65 of the Revised Code in a school district with   4,228        

a DPIA index of one or greater and who is THAT IS ELIGIBLE TO      4,230        

                                                          95     


                                                                 
RECEIVE A PAYMENT UNDER DIVISION (D) OF SECTION 3317.029 OF THE    4,231        

REVISED CODE IF IT PROVIDES ALL-DAY KINDERGARTEN;                               

      (2) THE STUDENT IS reported by the community school UNDER    4,233        

DIVISION (B)(3) OF SECTION 3314.08 OF THE REVISED CODE as          4,234        

enrolled in all-day kindergarten at the community school.  If      4,235        

      (C)  IF  a student for whom payment is made under DIVISION   4,238        

(B) OF this section is entitled to attend school in a district     4,239        

that receives any payment for all-day kindergarten under division  4,240        

(D) of section 3317.029 of the Revised Code, the department shall  4,241        

deduct the payment to the community school under this section      4,242        

from the amount paid that school district under that division.     4,243        

If that school district does not receive payment for all-day       4,244        

kindergarten under that division BECAUSE IT DOES NOT PROVIDE       4,245        

ALL-DAY KINDERGARTEN, the department shall pay the community       4,246        

school from state funds appropriated generally for disadvantaged   4,247        

pupil impact aid.                                                               

      (C)(D)  The department shall adjust the amounts deducted     4,250        

from school districts and paid to community schools under this     4,251        

section to reflect any enrollments of students in all-day          4,252        

kindergarten in community schools for less than the equivalent of  4,253        

a full school year.                                                             

      Sec. 3314.15.  (A)  EACH COMMUNITY SCHOOL LOCATED IN THE     4,255        

PILOT PROJECT AREA, OR IN A COUNTY CONTIGUOUS TO THE PILOT         4,256        

PROJECT AREA, THAT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS   4,257        

SECTION PURSUANT TO A CONTRACT ENTERED INTO WITH ITS SPONSOR       4,258        

PRIOR TO THAT DATE UNDER FORMER SECTION 50.52.4 OF AM. SUB. H.B.   4,263        

NO. 215 OF THE 122nd GENERAL ASSEMBLY, IS SUBJECT TO THIS CHAPTER  4,265        

AND SHALL BE CONSIDERED FOR ALL PURPOSES OF THE REVISED CODE TO    4,266        

BE ESTABLISHED UNDER THIS CHAPTER.  HOWEVER, UNTIL THAT CONTRACT   4,267        

EXPIRES, BUT NOT LATER THAN JUNE 30, 2003, THE COMMUNITY SCHOOL    4,268        

MAY CONTINUE TO OPERATE IN ACCORDANCE WITH THAT CONTRACT TO THE    4,269        

EXTENT IT DOES NOT CONFLICT WITH THE PROVISIONS OF SECTION 50.52   4,270        

OF THAT ACT IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF   4,271        

THIS SECTION.  THE SCHOOL IS SUBJECT TO ANY PROVISIONS OF THIS     4,272        

                                                          96     


                                                                 
CHAPTER THAT DO NOT CONFLICT WITH THAT CONTRACT.  IF THE                        

GOVERNING AUTHORITY OF SUCH A COMMUNITY SCHOOL RENEWS THE          4,273        

CONTRACT WITH A SPONSOR, THE RENEWED CONTRACT SHALL COMPLY WITH    4,274        

THIS CHAPTER.                                                                   

      (B)  A PRELIMINARY AGREEMENT FOR A COMMUNITY SCHOOL ENTERED  4,276        

INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION UNDER FORMER      4,277        

SECTION 50.52.4 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL      4,281        

ASSEMBLY REMAINS VALID ON AND AFTER THAT DATE FOR AS LONG AS THE   4,282        

PROPOSED GOVERNING AUTHORITY AND PROPOSED SPONSOR OF THE           4,283        

COMMUNITY SCHOOL CONTINUE THE AGREEMENT.  IF THEY AGREE TO         4,284        

PROCEED TO ENTER INTO A CONTRACT FOR THE COMMUNITY SCHOOL, THE     4,285        

CONTRACT SHALL BE ENTERED INTO UNDER SECTION 3314.02 AND SHALL     4,286        

COMPLY WITH SECTION 3314.03 OF THE REVISED CODE.                   4,287        

      (C)  A COMMUNITY SCHOOL DESCRIBED IN DIVISION (A) OF THIS    4,289        

SECTION THAT IS LOCATED IN A COUNTY CONTIGUOUS TO THE PILOT        4,291        

PROJECT AREA MAY CONTINUE IN EXISTENCE AS LONG AS THERE IS A       4,292        

VALID CONTRACT BETWEEN THE SCHOOL AND A SPONSOR.  ANY SUCH         4,293        

CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION     4,294        

SHALL BE SUBJECT TO THIS CHAPTER.  ANY PUBLIC ENTITY LISTED IN     4,295        

DIVISION (C)(1) OF SECTION 3314.02 OF THE REVISED CODE MAY BE A    4,297        

SPONSOR FOR THE COMMUNITY SCHOOL AS IF IT WERE LOCATED IN THE      4,298        

PILOT PROJECT AREA.                                                4,299        

      Sec. 3315.17.  (A)  The board of education of each city,     4,309        

exempted village, local, and joint vocational school district      4,310        

shall establish a textbook and instructional materials fund and    4,311        

shall deposit into that fund four per cent, or another percentage  4,312        

if established in rules adopted under division (B)(C) of this      4,314        

section, of all revenues received by the district for operating    4,315        

expenses.  Money in the fund shall be used solely for textbooks,   4,316        

instructional software, and instructional materials, supplies,     4,317        

and equipment.  Any money in the fund that is not used in any      4,318        

fiscal year shall carry forward to the next fiscal year.           4,319        

      (B)  NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF IN A   4,321        

FISCAL YEAR A DISTRICT BOARD DEPOSITS IN THE TEXTBOOK AND          4,323        

                                                          97     


                                                                 
INSTRUCTIONAL MATERIALS FUND AN AMOUNT OF MONEY GREATER THAN THE   4,324        

AMOUNT REQUIRED TO BE DEPOSITED BY THIS SECTION OR THE RULES       4,325        

ADOPTED UNDER DIVISION (C) OF THIS SECTION, THE BOARD MAY DEDUCT   4,326        

THE EXCESS AMOUNT OF MONEY FROM THE AMOUNT OF MONEY REQUIRED TO    4,327        

BE DEPOSITED IN SUCCEEDING FISCAL YEARS.                           4,328        

      (C)  The state superintendent of public instruction and the  4,331        

auditor of state jointly shall adopt rules in accordance with      4,332        

Chapter 119. of the Revised Code defining what constitutes         4,334        

textbooks, instructional software, and instructional materials,    4,335        

supplies, and equipment for which money in a school district's     4,336        

textbook and instructional materials fund may be used.  The        4,337        

jointly adopted rules also may designate a percentage, other than  4,339        

four per cent, of district operating revenues that must be                      

deposited into the fund.  The auditor of state shall adopt rules   4,341        

under section 117.20 of the Revised Code authorizing up to a       4,343        

three-year phase-in period for district boards to meet the                      

percentage requirements of division (A) of this section, AND       4,345        

SPECIFYING THE MANNER IN WHICH DISTRICT BOARDS MAY DEDUCT FROM A   4,346        

REQUIRED DEPOSIT AN EXCESS AMOUNT DEPOSITED INTO THE TEXTBOOK AND  4,347        

INSTRUCTIONAL MATERIALS FUND IN A PRIOR FISCAL YEAR.                            

      (C)(D)  Notwithstanding division (A) of this section, a      4,350        

district board of education in any fiscal year may appropriate     4,351        

money in the district textbook and instructional materials fund    4,352        

for purposes other than those permitted by that division if both   4,353        

of the following occur during that fiscal year:                    4,354        

      (1)  All of the following certify to the district board in   4,356        

writing that the district has sufficient textbooks, instructional  4,357        

software, and instructional materials, supplies, and equipment to  4,359        

ensure a thorough and efficient education within the district:     4,360        

      (a)  The district superintendent;                            4,362        

      (b)  In districts required to have a business advisory       4,364        

council, a person designated by vote of the business advisory      4,365        

council;                                                                        

      (c)  If the district teachers are represented by an          4,367        

                                                          98     


                                                                 
exclusive bargaining representative for purposes of Chapter 4117.  4,369        

of the Revised Code, the president of that organization or the     4,372        

president's designee.                                                           

      (2)  The district board adopts, by unanimous vote of all     4,374        

members of the board, a resolution stating that the district has   4,375        

sufficient textbooks, instructional software, and instructional    4,376        

materials, supplies, and equipment to ensure a thorough and        4,377        

efficient education within the district.                           4,378        

      (D)(E)  Notwithstanding any provision to the contrary in     4,380        

Chapter 4117. of the Revised Code, the requirements of this        4,381        

section prevail over any conflicting provisions of agreements      4,383        

between employee organizations and public employers entered into   4,384        

on or after the effective date of this section NOVEMBER 21, 1997.  4,385        

      Sec. 3316.05.  (A)  Pursuant to the powers of the general    4,394        

assembly and for the purposes of this chapter, upon the            4,395        

declaration of a fiscal emergency in any school district pursuant  4,397        

to division (B) of section 3316.03 of the Revised Code, there is   4,398        

established, with respect to that school district, a body both                  

corporate and politic constituting an agency and instrumentality   4,399        

of the state and performing essential governmental functions of    4,400        

the state to be known as the "financial planning and supervision   4,401        

commission for ........ (name of school district)," which, in      4,402        

that name, may exercise all authority vested in such a commission  4,403        

by this chapter.  A separate commission is established with        4,404        

respect to each school district as to which there is a fiscal      4,405        

emergency as determined under this chapter.                        4,406        

      (B)  A commission APPOINTED AFTER JULY 1, 1999, shall        4,408        

consist of seven FIVE voting members, including women and at       4,410        

least one Hispanic or African American if Hispanic and African     4,411        

Americans together constitute at least twenty per cent of the      4,412        

student population of the district, as follows:                                 

      (1)  Four TWO ex officio members:  the director of budget    4,415        

and management, OR A DESIGNEE OF THE DIRECTOR, AND the             4,416        

superintendent of public instruction, OR A DESIGNEE OF the         4,417        

                                                          99     


                                                                 
superintendent of the school district, and the mayor of the        4,418        

municipal corporation with the largest number of residents living  4,419        

within the school district, except that if more than fifty per     4,420        

cent of the residents of the district reside outside the           4,421        

municipal corporation containing the greatest number of district   4,422        

residents or if there is no municipal corporation located in the   4,423        

school district, the county auditor of the county with the                      

largest number of residents living within the school district      4,424        

shall be a member of the commission in lieu of a mayor.            4,425        

      The director of budget and management may designate an       4,427        

individual within the office of budget and management; the mayor   4,429        

may designate a responsible official within his office or the      4,430        

fiscal officer of the municipal corporation; the superintendent    4,431        

of public instruction may designate an employee within the         4,432        

department of education; and the superintendent of the school                   

district may designate an employee of the school district to       4,433        

attend the meetings of the commission when the ex officio member   4,435        

making the designation is absent or unable for any reason to       4,436        

attend.  A designee, when present, shall be counted in             4,438        

determining whether a quorum is present at any meeting of the      4,439        

commission and may vote and participate in all proceedings and     4,440        

actions of the commission.  The designations shall be in writing,  4,441        

executed by the member making the designation, and filed with the  4,442        

secretary of the commission.  The designations may be changed      4,443        

from time to time in like manner, but due regard shall be given    4,444        

to the need for continuity.                                                     

      (2)  Three appointed members, who shall be appointed within  4,446        

fifteen days after the declaration of the fiscal emergency, one    4,448        

by the governor, one by the superintendent of public instruction,  4,449        

and one by the mayor or county auditor who is a member of the      4,450        

commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER    4,451        

OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF     4,452        

MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE   4,453        

OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER   4,454        

                                                          100    


                                                                 
OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION      4,455        

LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY                

WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL      4,456        

DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR.  All of    4,457        

the appointed members shall serve at the pleasure of the           4,458        

appointing authority during the life of the commission.  In the    4,459        

event of the death, resignation, incapacity, removal, or           4,460        

ineligibility to serve of an appointed member, the appointing      4,461        

authority shall appoint a successor within fifteen days after the  4,462        

vacancy occurs.                                                                 

      (a)  The member appointed by the governor and the member     4,464        

appointed by the mayor or county auditor shall be an individual:   4,465        

      (i)  Who has knowledge and experience in financial matters,  4,467        

financial management, or business organization or operations,      4,468        

including at least five years of experience in the public or       4,469        

private sector in the management of business or financial          4,470        

enterprise, or in management consulting, public accounting, or     4,471        

other similar professional activity;                               4,472        

      (ii)  Whose residency, office, or principal place of         4,474        

professional or business activity is situated within the school    4,476        

district.                                                                       

      (b)  The member appointed by the superintendent of public    4,478        

instruction shall be a parent of a child currently enrolled in a   4,479        

public school within the district.                                 4,480        

      (C)  Immediately after appointment of the initial appointed  4,482        

members of the commission, the superintendent of public            4,483        

instruction shall call the first meeting of the commission and     4,484        

shall cause written notice of the time, date, and place of the     4,485        

first meeting to be given to each member of the commission at      4,486        

least forty-eight hours in advance of the meeting.                 4,487        

      (D)  The superintendent of public instruction shall serve    4,489        

as the commission's chairperson and the commission shall elect     4,490        

one of its members as vice-chairperson and may appoint a           4,491        

secretary and any other officers, who need not be members of the   4,492        

                                                          101    


                                                                 
commission, AS it considers necessary.                             4,493        

      (E)  The commission may adopt and alter bylaws and rules,    4,495        

which shall not be subject to section 111.15 or Chapter 119. of    4,496        

the Revised Code, for the conduct of its affairs and for the       4,497        

manner, subject to this chapter, in which its powers and           4,498        

functions shall be exercised and embodied.                                      

      (F)  Four THREE members of the commission constitute a       4,500        

quorum of the commission.  The affirmative vote of four THREE      4,501        

members of the commission is necessary for any action taken by     4,503        

vote of the commission.  No vacancy in the membership of the       4,504        

commission shall impair the rights of a quorum by such vote to     4,505        

exercise all the rights and perform all the duties of the          4,506        

commission.  Members of the commission, and their designees, are   4,507        

not disqualified from voting by reason of the functions of the     4,508        

other office they hold and are not disqualified from exercising    4,509        

the functions of the other office with respect to the school       4,510        

district, its officers, or the commission.                         4,511        

      (G)  THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL         4,513        

SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE         4,514        

COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR      4,515        

THAT SERVICE.  At the request of the commission the auditor of     4,516        

state shall designate employees of the auditor of state's office   4,517        

to assist the commission and to coordinate the work of the         4,518        

auditor of state's office.  Upon the declaration of a fiscal       4,519        

emergency in any school district, the school district shall        4,521        

provide the commission with such reasonable office space in the    4,522        

principal building housing the administrative offices of the       4,523        

school district, where feasible, as the commission determines is                

necessary to carry out its duties under this chapter.              4,524        

      The attorney general shall serve as the legal counsel for    4,526        

the commission.                                                                 

      (H)  The members of the commission, the superintendent of    4,529        

public instruction, the auditor of state, and any person           4,530        

authorized to act on behalf of or assist them shall not be                      

                                                          102    


                                                                 
personally liable or subject to any suit, judgment, or claim for   4,531        

damages resulting from the exercise of or failure to exercise the  4,532        

powers, duties, and functions granted to them in regard to their   4,533        

functioning under this chapter, but the commission, the            4,534        

superintendent of public instruction, the auditor of state, and    4,535        

such other persons shall be subject to mandamus proceedings to     4,536        

compel performance of their duties under this chapter.             4,537        

      (I)  At the request of the commission the administrative     4,539        

head of any state agency shall temporarily assign personnel        4,540        

skilled in accounting and budgeting procedures to assist the       4,541        

commission in its duties.                                          4,542        

      (J)  The appointed members of the commission are not         4,544        

subject to section 102.02 of the Revised Code, each appointed      4,545        

member of the commission shall file with the commission a signed   4,546        

written statement setting forth the general nature of sales of     4,547        

goods, property, or services or of loans to the school district    4,548        

with respect to which that commission is established, in which     4,549        

the appointed member has a pecuniary interest or in which any      4,550        

member of the appointed member's immediate family, as defined in   4,551        

section 102.01 of the Revised Code, or any corporation,            4,552        

partnership, or enterprise of which the appointed member is an                  

officer, director, or partner, or of which the appointed member    4,553        

or a member of the appointed member's immediate family, as so      4,554        

defined, owns more than a five per cent interest, has a pecuniary  4,556        

interest, and of which sale, loan, or interest such member has     4,557        

knowledge.  The statement shall be supplemented from time to time  4,558        

to reflect changes in the general nature of any such sales or      4,559        

loans.                                                                          

      (K)  Meetings of the commission shall be subject to section  4,561        

121.22 of the Revised Code except that division (C) of such        4,562        

section requiring members to be physically present to be part of   4,563        

a quorum or vote does not apply if the commission holds a meeting  4,564        

by teleconference and if provisions are made for public            4,565        

attendance at any location involved in such teleconference.                     

                                                          103    


                                                                 
      Sec. 3316.06.  (A)  Within sixty ONE HUNDRED TWENTY days     4,578        

after the first meeting of a school district financial planning    4,580        

and supervision commission, the commission shall adopt a           4,581        

financial recovery plan regarding the school district for which    4,582        

the commission was created.  During the formulation of the plan,   4,583        

the commission shall seek appropriate input from the school                     

district board and from the community.  This plan shall contain    4,584        

the following:                                                                  

      (1)  Actions to be taken to:                                 4,586        

      (a)  Eliminate all fiscal emergency conditions declared to   4,589        

exist pursuant to division (B) of section 3316.03 of the Revised                

Code;                                                                           

      (b)  Satisfy any judgments, past-due accounts payable, and   4,591        

all past-due and payable payroll and fringe benefits;              4,592        

      (c)  Eliminate the deficits in all deficit funds;            4,594        

      (d)  Restore to special funds any moneys from such funds     4,596        

that were used for purposes not within the purposes of such        4,598        

funds, or borrowed from such funds by the purchase of debt         4,599        

obligations of the school district with the moneys of such funds,  4,600        

or missing from the special funds and not accounted for, if any;   4,601        

      (e)  Balance the budget, avoid future deficits in any        4,603        

funds, and maintain on a current basis payments of payroll,        4,604        

fringe benefits, and all accounts;                                 4,605        

      (f)  Avoid any fiscal emergency condition in the future;     4,607        

      (g)  Restore the ability of the school district to market    4,609        

long-term general obligation bonds under provisions of law         4,610        

applicable to school districts generally.                          4,611        

      (2)  The management structure that will enable the school    4,613        

district to take the actions enumerated in division (A)(1) of      4,614        

this section.  The plan shall specify the level of fiscal and      4,615        

management control that the commission will exercise within the    4,616        

school district during the period of fiscal emergency, and shall   4,617        

enumerate respectively, the powers and duties of the commission    4,618        

and the powers and duties of the school board during that period.  4,619        

                                                          104    


                                                                 
The commission may elect to assume any of the powers and duties                 

of the school board it considers necessary, including all powers   4,620        

related to personnel, curriculum, and legal issues in order to     4,621        

successfully implement the actions described in division (A)(1)    4,622        

of this section.                                                                

      (3)  The target dates for the commencement, progress upon,   4,625        

and completion of the actions enumerated in division (A)(1) of     4,626        

this section and a reasonable period of time expected to be        4,627        

required to implement the plan.  The commission shall prepare a                 

reasonable time schedule for progress toward and achievement of    4,629        

the requirements for the plan, and the plan shall be consistent    4,630        

with that time schedule.                                                        

      (4)  The amount and purpose of any issue of debt             4,632        

obligations that will be issued, together with assurances that     4,633        

any such debt obligations that will be issued will not exceed      4,634        

debt limits supported by appropriate certifications by the fiscal  4,635        

officer of the school district and the county auditor.  Debt       4,636        

obligations issued pursuant to section 133.301 of the Revised      4,637        

Code shall include assurances that such debt shall be in an        4,638        

amount not to exceed the amount certified under division (B) of    4,639        

such section.  If the commission considers it necessary in order   4,642        

to maintain or improve educational opportunities of pupils in the  4,643        

school district, the plan may include a proposal to restructure                 

or refinance outstanding debt obligations incurred by the board    4,644        

under section 3313.483 of the Revised Code contingent upon the     4,646        

approval, during the period of the fiscal emergency, by district                

voters of a tax levied under section 718.09, 718.10, 5705.194,     4,647        

5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a    4,649        

renewal or replacement levy and that will provide new operating    4,650        

revenue.  Notwithstanding any provision of Chapter 133. or         4,652        

sections 3313.483 through TO 3313.4811 of the Revised Code,                     

following the required approval of the district voters and with    4,654        

the approval of the commission, the school district may issue      4,655        

securities to evidence the restructuring or refinancing.  Those    4,656        

                                                          105    


                                                                 
securities may extend the original period for repayment, not to    4,657        

exceed ten years, and may alter the frequency and amount of        4,659        

repayments, interest or other financing charges, and other terms   4,660        

of agreements under which the debt originally was contracted, at   4,661        

the discretion of the commission, provided that any loans          4,662        

received pursuant to section 3313.483 of the Revised Code shall                 

be paid from funds the district would otherwise receive under      4,663        

sections 3317.022 to 3317.025 of the Revised Code, as required     4,664        

under division (E)(3) of section 3313.483 of the Revised Code.     4,665        

The securities issued for the purpose of restructuring or          4,666        

refinancing the debt shall be repaid in equal payments and at                   

equal intervals over the term of the debt and are not eligible to  4,667        

be included in any subsequent proposal for the purpose of          4,668        

restructuring or refinancing debt under this section.              4,669        

      (B)  Any financial recovery plan may be amended subsequent   4,671        

to its adoption.  Each financial recovery plan shall be updated    4,672        

annually.                                                                       

      Sec. 3317.01.  As used in this section and section 3317.011  4,681        

of the Revised Code, "school district," unless otherwise           4,682        

specified, means any city, local, exempted village, joint          4,683        

vocational, or cooperative education school district and any       4,685        

educational service center.                                                     

      This chapter shall be administered by the state board of     4,687        

education.  The superintendent of public instruction shall         4,688        

calculate the amounts payable to each school district and shall    4,689        

certify the amounts payable to each eligible district to the       4,690        

treasurer of the district as provided by this chapter.  No moneys  4,691        

shall be distributed pursuant to this chapter without the          4,692        

approval of the controlling board.                                 4,693        

      The state board of education shall, in accordance with       4,695        

appropriations made by the general assembly, meet the financial    4,696        

obligations of this chapter, except that moneys to meet the        4,697        

financial obligations of section 3301.17 of the Revised Code       4,698        

shall be supplemented from funds available to the state from the   4,699        

                                                          106    


                                                                 
United States or any agency or department thereof for a driver     4,700        

education course of instruction.                                   4,701        

      Annually, the department of education shall calculate and    4,703        

report to each school district the district's total state and      4,704        

local funds for providing an adequate basic education to the       4,705        

district's nonhandicapped students, utilizing the determination    4,706        

in section 3317.012 of the Revised Code.  In addition, the                      

department shall calculate and report separately for each school   4,707        

district the district's total state and local funds for providng   4,708        

an adequate education for its handicapped students, utilizing the  4,709        

determinations in both sections 3317.012 and 3317.013 of the       4,710        

Revised Code.                                                                   

      NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF EACH        4,712        

FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO EACH     4,713        

SCHOOL DISTRICT AND MR/DD BOARD A PRELIMINARY ESTIMATE OF THE      4,714        

AMOUNT OF FUNDING THAT THE DEPARTMENT CALCULATES THE DISTRICT      4,715        

WILL RECEIVE UNDER EACH OF DIVISIONS (C)(1) AND (5) OF SECTION     4,716        

3317.022 OF THE REVISED CODE.  NO LATER THAN THE FIRST DAY OF      4,717        

DECEMBER OF EACH FISCAL YEAR, THE DEPARTMENT SHALL UPDATE THAT                  

PRELIMINARY ESTIMATE.                                              4,718        

      Moneys distributed pursuant to this chapter shall be         4,720        

calculated and paid on a fiscal year basis, beginning with the     4,721        

first day of July and extending through the thirtieth day of       4,722        

June.  The moneys appropriated for each fiscal year shall be       4,723        

distributed at least monthly to each school district unless        4,724        

otherwise provided for.  The state board shall submit a yearly     4,725        

distribution plan to the controlling board at its first meeting    4,727        

in July.  The state board shall submit any proposed midyear                     

revision of the plan to the controlling board in January.  Any     4,729        

year-end revision of the plan shall be submitted to the            4,730        

controlling board in June.  If moneys appropriated for each                     

fiscal year are distributed other than monthly, such distribution  4,731        

shall be on the same basis for each school district.               4,732        

      The total amounts paid each month shall constitute, as       4,734        

                                                          107    


                                                                 
nearly as possible, one-twelfth of the total amount payable for    4,735        

the entire year.  Payments made during the first six months of     4,736        

the fiscal year may be based on an estimate of the amounts         4,737        

payable for the entire year.  Payments made in the last six        4,738        

months shall be based on the final calculation of the amounts      4,739        

payable to each school district for that fiscal year.  Payments    4,740        

made in the last six months may be adjusted, if necessary, to      4,741        

correct the amounts distributed in the first six months, and to    4,742        

reflect enrollment increases when such are at least three per      4,743        

cent.  Except as otherwise provided, payments under this chapter   4,744        

shall be made only to those school districts in which:             4,745        

      (A)  The school district, except for any educational         4,748        

service center and any joint vocational or cooperative education   4,749        

school district, levies for current operating expenses at least    4,750        

twenty mills.  Levies for joint vocational or cooperative          4,752        

education school districts or county school financing districts,   4,753        

limited to or to the extent apportioned to current expenses,       4,754        

shall be included in this qualification requirement.  School       4,755        

district income tax levies under Chapter 5748. of the Revised      4,756        

Code, limited to or to the extent apportioned to current           4,757        

operating expenses, shall be included in this qualification        4,758        

requirement to the extent determined by the tax commissioner       4,759        

under division (C) of section 3317.021 of the Revised Code.        4,760        

      (B)  The school year next preceding the fiscal year for      4,762        

which such payments are authorized meets the requirement of        4,763        

section 3313.48 or 3313.481 of the Revised Code, with regard to    4,764        

the minimum number of days or hours school must be open for        4,765        

instruction with pupils in attendance, for individualized          4,766        

parent-teacher conference and reporting periods, and for           4,767        

professional meetings of teachers.  This requirement shall be      4,768        

waived by the superintendent of public instruction if it had been  4,769        

necessary for a school to be closed because of disease epidemic,   4,770        

hazardous weather conditions, inoperability of school buses or     4,771        

other equipment necessary to the school's operation, damage to a   4,772        

                                                          108    


                                                                 
school building, or other temporary circumstances due to utility   4,773        

failure rendering the school building unfit for school use,        4,774        

provided that for those school districts operating pursuant to     4,775        

section 3313.48 of the Revised Code the number of days the school  4,776        

was actually open for instruction with pupils in attendance and    4,777        

for individualized parent-teacher conference and reporting         4,778        

periods is not less than one hundred seventy-five, or for those    4,779        

school districts operating on a trimester plan the number of days  4,780        

the school was actually open for instruction with pupils in        4,781        

attendance not less than seventy-nine days in any trimester, for   4,782        

those school districts operating on a quarterly plan the number    4,783        

of days the school was actually open for instruction with pupils   4,784        

in attendance not less than fifty-nine days in any quarter, or     4,785        

for those school districts operating on a pentamester plan the     4,786        

number of days the school was actually open for instruction with   4,787        

pupils in attendance not less than forty-four days in any          4,788        

pentamester.                                                                    

      A school district shall not be considered to have failed to  4,790        

comply with this division or section 3313.481 of the Revised Code  4,791        

because schools were open for instruction but either twelfth       4,792        

grade students were excused from attendance for up to three days   4,793        

or only a portion of the kindergarten students were in attendance  4,794        

for up to three days in order to allow for the gradual             4,795        

orientation to school of such students.                            4,796        

      The superintendent of public instruction shall waive the     4,798        

requirements of this section with reference to the minimum number  4,799        

of days or hours school must be in session with pupils in          4,800        

attendance for the school year succeeding the school year in       4,801        

which a board of education initiates a plan of operation pursuant  4,802        

to section 3313.481 of the Revised Code.  The minimum              4,803        

requirements of this section shall again be applicable to such a   4,804        

district beginning with the school year commencing the second      4,805        

July succeeding the initiation of one such plan, and for each      4,806        

school year thereafter.                                            4,807        

                                                          109    


                                                                 
      A school district shall not be considered to have failed to  4,809        

comply with this division or section 3313.48 or 3313.481 of the    4,810        

Revised Code because schools were open for instruction but the     4,811        

length of the regularly scheduled school day, for any number of    4,812        

days during the school year, was reduced by not more than two      4,813        

hours due to hazardous weather conditions.                                      

      (C)  The school district has on file, and is paying in       4,815        

accordance with, a teachers' salary schedule which complies with   4,817        

section 3317.13 of the Revised Code.                                            

      A board of education or governing board of an educational    4,819        

service center which has not conformed with other law and the      4,821        

rules pursuant thereto, shall not participate in the distribution  4,822        

of funds authorized by sections 3317.022 to 3317.0211, 3317.11,    4,823        

3317.16, 3317.17, and 3317.19 of the Revised Code, except for      4,824        

good and sufficient reason established to the satisfaction of the  4,825        

state board of education and the state controlling board.          4,826        

      All funds allocated to school districts under this chapter,  4,828        

except those specifically allocated for other purposes, shall be   4,829        

used to pay current operating expenses only.                       4,830        

      Sec. 3317.014.  THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL  4,832        

COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST     4,833        

PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE.   4,834        

THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL           4,835        

EDUCATION PROGRAMS ARE AS FOLLOWS:                                 4,836        

      (A)  A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL  4,838        

EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS          4,839        

APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES   4,840        

ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE.                 4,841        

      (B)  A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL  4,843        

EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE            4,844        

DEVELOPMENT PROGRAMS.                                              4,845        

      VOCATIONAL EDUCATION ASSOCIATED SERVICES COSTS CAN BE        4,847        

EXPRESSED AS A MULTIPLE OF 0.05 OF THE BASE COST PER PUPIL         4,848        

CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE.             4,849        

                                                          110    


                                                                 
      Sec. 3317.02.  As used in this chapter:                      4,858        

      (A)  Unless otherwise specified, "school district" means     4,860        

city, local, and exempted village school districts.                4,861        

      (B)  "Formula amount" means the base cost for the fiscal     4,863        

year specified in section 3317.012 of the Revised Code, except     4,865        

that to allow for the orderly phase-in of the increased funding    4,866        

specified in that section, the formula amount for fiscal year      4,867        

1999 shall be $3,851;, AND the formula amount for fiscal year      4,868        

2000 shall be $4,038; and the formula amount for fiscal year 2001  4,869        

shall be $4,226 4,052.  Thereafter, the formula amount shall be    4,871        

as specified in that section.                                                   

      (C)  "FTE basis" means a count of students based on          4,874        

full-time equivalency, in accordance with rules adopted by the     4,875        

department of education pursuant to section 3317.03 of the         4,876        

Revised Code.  In adopting its rules under this division, the      4,877        

department shall provide for counting any student in a district's  4,878        

category one, two, or three special education ADM OR IN CATEGORY   4,880        

ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the     4,881        

student is counted in formula ADM.                                 4,882        

      (D)(1)  "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED  4,885        

VILLAGE SCHOOL DISTRICT, the number reported pursuant to division  4,887        

(A) of section 3317.03 of the Revised Code, AND FOR A JOINT                     

VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO        4,888        

DIVISION (D) OF THAT SECTION.                                      4,889        

      (2)  "Three-year average formula ADM" means the average of   4,891        

a school district's formula ADMs for the current and preceding     4,893        

two fiscal years.  However, as applicable in fiscal years 1999     4,894        

and 2000, the three-year average FOR CITY, LOCAL, AND EXEMPTED     4,895        

VILLAGE SCHOOL DISTRICTS shall be determined utilizing the FY      4,896        

1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year     4,897        

1997 or 1998.  IN FISCAL YEARS 2000 AND 2001, THE THREE-YEAR       4,898        

AVERAGE FOR JOINT VOCATIONAL SCHOOL DISTRICTS SHALL BE DETERMINED  4,900        

UTILIZING THE AVERAGE DAILY MEMBERSHIP REPORTED IN FISCAL YEARS                 

1998 AND 1999 UNDER DIVISION (D) OF SECTION 3317.03 OF THE         4,901        

                                                          111    


                                                                 
REVISED CODE IN LIEU OF FORMULA ADM FOR FISCAL YEARS 1998 AND      4,902        

1999.                                                                           

      (E)  "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL         4,905        

district's average daily membership reported for the applicable    4,906        

fiscal year under the version of division (A) of section 3317.03   4,907        

of the Revised Code in effect during that fiscal year, adjusted    4,909        

as follows:                                                                     

      (1)  Minus the average daily membership of handicapped       4,912        

preschool children;                                                             

      (2)  Minus one-half of the average daily membership          4,915        

attending kindergarten;                                                         

      (3)  Minus three-fourths of the average daily membership     4,918        

attending a joint vocational school district;                      4,919        

      (4)  Plus the average daily membership entitled under        4,921        

section 3313.64 or 3313.65 of the Revised Code to attend school    4,923        

in the district but receiving educational services in approved     4,924        

units from an educational service center or another school         4,925        

district under a compact or a cooperative education agreement, as  4,926        

determined by the department;                                                   

      (5)  Minus the average daily membership receiving            4,928        

educational services from the district in approved units but       4,929        

entitled under section 3313.64 or 3313.65 of the Revised Code to   4,930        

attend school in another school district, as determined by the     4,931        

department.                                                                     

      (F)(1)  "Category one special education ADM" means the       4,935        

average daily membership of handicapped children receiving                      

special education services for those handicaps specified in        4,937        

division (A) of section 3317.013 of the Revised Code and reported  4,938        

under division (B)(5) OR (D)(2)(b) of section 3317.03 of the       4,941        

Revised Code.                                                                   

      (2)  "Category two special education ADM" means the average  4,945        

daily membership of handicapped children receiving special         4,946        

education services for those handicaps specified in division (B)   4,947        

of section 3317.013 of the Revised Code and reported under                      

                                                          112    


                                                                 
division (B)(6) OR (D)(2)(c) of section 3317.03 of the Revised     4,949        

Code.                                                              4,950        

      (3)  "Category three special education ADM" means the        4,954        

average daily membership of students receiving special education   4,955        

services for students identified as autistic, having traumatic                  

brain injuries, or as both visually and hearing disabled as these  4,956        

terms are defined pursuant to Chapter 3323. of the Revised Code,   4,957        

and reported under division (B)(7) OR (D)(2)(d) of section         4,958        

3317.03 of the Revised Code.                                       4,959        

      (4)  "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE       4,962        

AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL                       

EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014   4,963        

OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR          4,964        

(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE.                  4,965        

      (5)  "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE       4,967        

AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL          4,968        

EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014   4,969        

OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR          4,970        

(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE.                  4,971        

      (G)  "Handicapped preschool child" means a handicapped       4,974        

child, as defined in section 3323.01 of the Revised Code, who is   4,975        

at least age three but is not of compulsory school age, as         4,976        

defined in section 3321.01 of the Revised Code, and who has not    4,977        

entered kindergarten.                                                           

      (H)  "County MR/DD board" means a county board of mental     4,980        

retardation and developmental disabilities.                        4,981        

      (I)  "Recognized valuation" means the amount calculated for  4,984        

a school district pursuant to section 3317.015 of the Revised      4,985        

Code.                                                                           

      (J)  "Transportation ADM" means the number of children       4,988        

reported under division (B)(9)(10) of section 3317.03 of the       4,989        

Revised Code.                                                                   

      (K)  "Most AVERAGE efficient transportation use cost per     4,991        

transported student" for a SCHOOL district means a statistical     4,993        

                                                          113    


                                                                 
representation of transportation costs as calculated under         4,995        

division (D)(4)(3) of section 3317.022 of the Revised Code.        4,996        

      (L)  "Taxes charged and payable" means the taxes charged     4,998        

and payable against real and public utility property after making  4,999        

the reduction required by section 319.301 of the Revised Code,     5,000        

plus the taxes levied against tangible personal property.          5,001        

      (M)  "Total taxable value" means the sum of the amounts      5,004        

certified for a city, local, exempted village, or joint            5,005        

vocational school district under divisions (A)(1) and (2) of       5,006        

section 3317.021 of the Revised Code.                                           

      (N)(1)  "Cost-of-doing-business factor" means the amount     5,008        

indicated in this division for the county in which the A CITY,     5,009        

LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is    5,010        

located, adjusted in accordance with division (N)(2) of this       5,012        

section.  If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL                      

district is located in more than one county, the factor is the     5,014        

amount indicated for the county to which the district is assigned  5,015        

by the state department of education.  IF A JOINT VOCATIONAL       5,016        

SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS               

THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL  5,017        

SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS   5,018        

LOCATED.                                                           5,019        

                                       COST-OF-DOING-BUSINESS      5,021        

      COUNTY                               FACTOR AMOUNT           5,022        

      Adams                                 1.0100 1.0074          5,023        

      Allen                                 1.0272 1.0217          5,024        

      Ashland                               1.0362 1.0322          5,025        

      Ashtabula                             1.0540 1.0480          5,026        

      Athens                                1.0040 1.0046          5,027        

      Auglaize                              1.0300 1.0255          5,028        

      Belmont                               1.0101 1.0078          5,029        

      Brown                                 1.0218 1.0194          5,030        

      Butler                                1.0662 1.0650          5,031        

      Carroll                               1.0180 1.0166          5,032        

                                                          114    


                                                                 
      Champaign                             1.0432 1.0292          5,033        

      Clark                                 1.0489 1.0462          5,034        

      Clermont                              1.0498 1.0510          5,035        

      Clinton                               1.0287 1.0293          5,036        

      Columbiana                            1.0320 1.0300          5,037        

      Coshocton                             1.0224 1.0205          5,038        

      Crawford                              1.0174 1.0152          5,039        

      Cuyahoga                              1.0725 1.0697          5,040        

      Darke                                 1.0360 1.0340          5,041        

      Defiance                              1.0214 1.0177          5,042        

      Delaware                              1.0512 1.0339          5,043        

      Erie                                  1.0414 1.0391          5,044        

      Fairfield                             1.0383 1.0358          5,045        

      Fayette                               1.0281 1.0266          5,046        

      Franklin                              1.0548 1.0389          5,047        

      Fulton                                1.0382 1.0355          5,048        

      Gallia                                1.0000                 5,049        

      Geauga                                1.0608 1.0568          5,050        

      Greene                                1.0418 1.0406          5,051        

      Guernsey                              1.0091 1.0072          5,052        

      Hamilton                              1.0750                 5,053        

      Hancock                               1.0270 1.0224          5,054        

      Hardin                                1.0384 1.0219          5,055        

      Harrison                              1.0111 1.0098          5,056        

      Henry                                 1.0389 1.0347          5,057        

      Highland                              1.0177 1.0139          5,058        

      Hocking                               1.0164 1.0149          5,059        

      Holmes                                1.0275 1.0237          5,060        

      Huron                                 1.0348 1.0317          5,061        

      Jackson                               1.0176 1.0132          5,062        

      Jefferson                             1.0090 1.0084          5,063        

      Knox                                  1.0276 1.0251          5,064        

      Lake                                  1.0627 1.0596          5,065        

      Lawrence                              1.0154 1.0128          5,066        

                                                          115    


                                                                 
      Licking                               1.0418 1.0381          5,067        

      Logan                                 1.0376 1.0188          5,068        

      Lorain                                1.0573 1.0535          5,069        

      Lucas                                 1.0449 1.0413          5,070        

      Madison                               1.0475 1.0342          5,071        

      Mahoning                              1.0465 1.0426          5,072        

      Marion                                1.0289 1.0121          5,073        

      Medina                                1.0656 1.0608          5,074        

      Meigs                                 1.0016 1.0031          5,075        

      Mercer                                1.0209 1.0177          5,076        

      Miami                                 1.0456 1.0425          5,077        

      Monroe                                1.0152 1.0118          5,078        

      Montgomery                            1.0484 1.0482          5,079        

      Morgan                                1.0168 1.0140          5,080        

      Morrow                                1.0293 1.0268          5,081        

      Muskingum                             1.0194 1.0167          5,082        

      Noble                                 1.0150 1.0129          5,083        

      Ottawa                                1.0529 1.0510          5,084        

      Paulding                              1.0216 1.0156          5,085        

      Perry                                 1.0185 1.0175          5,086        

      Pickaway                              1.0350 1.0338          5,087        

      Pike                                  1.0146 1.0103          5,088        

      Portage                               1.0595 1.0556          5,089        

      Preble                                1.0523 1.0486          5,090        

      Putnam                                1.0308 1.0253          5,091        

      Richland                              1.0232 1.0205          5,092        

      Ross                                  1.0111 1.0089          5,093        

      Sandusky                              1.0361 1.0336          5,094        

      Scioto                                1.0082 1.0044          5,095        

      Seneca                                1.0265 1.0240          5,096        

      Shelby                                1.0274 1.0257          5,097        

      Stark                                 1.0330 1.0313          5,098        

      Summit                                1.0642 1.0616          5,099        

      Trumbull                              1.0465 1.0425          5,100        

                                                          116    


                                                                 
      Tuscarawas                            1.0109 1.0099          5,101        

      Union                                 1.0488 1.0330          5,102        

      Van Wert                              1.0181 1.0126          5,103        

      Vinton                                1.0065 1.0068          5,104        

      Warren                                1.0678 1.0651          5,105        

      Washington                            1.0124 1.0110          5,106        

      Wayne                                 1.0446 1.0406          5,107        

      Williams                              1.0316 1.0268          5,108        

      Wood                                  1.0431 1.0405          5,109        

      Wyandot                               1.0227 1.0191          5,110        

      (2)  As used in this division, "multiplier" means the        5,115        

number for the corresponding fiscal year as follows:               5,116        

      FISCAL YEAR OF THE                                           5,118        

          COMPUTATION                  MULTIPLIER                  5,119        

             1998                       9.6/7.5                    5,121        

             1999                       11.0/7.5                   5,122        

             2000                       12.4/7.5                   5,123        

             2001                       13.8/7.5                   5,124        

             2002                       15.2/7.5                   5,125        

             2003                       16.6/7.5                   5,126        

      2004 and thereafter               18.0/7.5                   5,127        

      Beginning in fiscal year 1998, the department shall          5,130        

annually adjust the cost-of-doing-business factor for each county  5,132        

in accordance with the following formula:                          5,133        

       [(The cost-of-doing-business factor specified under         5,135        

     division (N)(1) of this section - 1) X (the multiplier        5,136        

          for the fiscal year of the calculation)< + 1             5,137        

      The result of such formula shall be the adjusted             5,139        

cost-of-doing-business factor for that fiscal year.                5,140        

      (O)  "Tax exempt value" of a school district means the       5,142        

amount certified for a school district under division (A)(4) of    5,143        

section 3317.021 of the Revised Code.                              5,144        

      (P)  "Potential value" of a school district means the        5,146        

adjusted total taxable value of a school district plus the tax     5,148        

                                                          117    


                                                                 
exempt value of the district.                                      5,149        

      (Q)  "District median income" means the median Ohio          5,151        

adjusted gross income certified for a school district.  On or      5,152        

before the first day of July of each year, the tax commissioner    5,153        

shall certify to the department of education for each city,        5,154        

exempted village, and local school district the median Ohio        5,155        

adjusted gross income of the residents of the school district      5,156        

determined on the basis of tax returns filed for the second        5,157        

preceding tax year by the residents of the district.                            

      (R)  "Statewide median income" means the median district     5,159        

median income of all city, exempted village, and local school      5,161        

districts in the state.                                                         

      (S)  "Income factor" for a city, exempted village, or local  5,163        

school district means the quotient obtained by dividing that       5,164        

district's median income by the statewide median income.           5,165        

      (T)  Except as provided in division (B)(3) of section        5,168        

3317.012 of the Revised Code, "valuation per pupil" for a city,                 

exempted village, or local school district means the district's    5,170        

recognized valuation divided by the greater of the district's      5,171        

formula ADM or three-year average formula ADM.                     5,172        

      (U)  Except as provided in section 3317.0213 of the Revised  5,175        

Code, "adjusted valuation per pupil" means the amount calculated   5,176        

in accordance with the following formula:                          5,177        

            District valuation per pupil - [$60,000 X              5,179        

                  (1 - district income factor)<                    5,180        

      If the result of such formula is negative, the adjusted      5,182        

valuation per pupil shall be zero.                                 5,183        

      (V)  "Income adjusted valuation" means the product obtained  5,185        

by multiplying the SCHOOL district's adjusted valuation per pupil  5,186        

by the greater of the district's formula ADM or three-year         5,189        

average formula ADM.                                                            

      (W)  Except as provided in division (A)(2) of section        5,192        

3317.022 of the Revised Code, "adjusted total taxable value"                    

means one of the following:                                        5,193        

                                                          118    


                                                                 
      (1)  In any fiscal year that a SCHOOL district's income      5,195        

factor is less than or equal to one, the amount calculated under   5,197        

the following formula:                                                          

          (Income adjusted valuation X 1/5 MULTIPLE) +             5,198        

           ([recognized valuation X 4/5 (1-MULTIPLE)<              5,200        

      WHERE "MULITPLE" MEANS THE NUMBER FOR THE CORRESPONDING      5,202        

FISCAL YEAR AS FOLLOWS:                                            5,203        

       FISCAL YEAR OF THE                                          5,205        

           COMPUTATION                       MULTIPLE              5,206        

    2000                                    1/5                    5,209        

    2001 AND THEREAFTER                     4/15                   5,210        

      (2)  In fiscal year 1999, if a SCHOOL district's income      5,214        

factor is greater than one, the amount calculated under the        5,215        

following formula:                                                 5,216        

               (Income adjusted valuation X 1/15)                  5,217        

                + (recognized valuation X 14/15)                   5,218        

      Thereafter, the adjusted total taxable value of a district   5,220        

with an income factor greater than one shall be its recognized     5,222        

valuation.                                                                      

      Sec. 3317.022.  (A)(1)  The department of education shall    5,231        

compute and distribute state basic aid BASE COST FUNDING to each   5,233        

school district for the fiscal year in accordance with the                      

following formula, using adjusted total taxable value as defined   5,235        

under division (W) of IN section 3317.02 of the Revised Code or    5,236        

division (A)(2) of this section and the information obtained       5,238        

under section 3317.021 of the Revised Code in the calendar year    5,239        

in which the fiscal year begins.                                                

      Compute the following for each eligible district:            5,241        

                [cost-of-doing-business factor X                   5,242        

        the formula amount X (the greater of formula ADM           5,243        

              or three-year average formula ADM)< -                5,244        

              (.023 X adjusted total taxable value)                5,245        

      If the difference obtained is a negative number, the         5,247        

district's computation shall be zero.                              5,248        

                                                          119    


                                                                 
      (2)(a)  For each school district for which the tax exempt    5,250        

value of the district equals or exceeds twenty-five per cent of    5,251        

the potential value of the district, the department of education   5,252        

shall calculate the difference between the district's tax exempt   5,253        

value and twenty-five per cent of the district's potential value.  5,254        

      (b)  For each school district to which division (A)(2)(a)    5,257        

of this section applies, the adjusted total taxable value used in  5,258        

the calculation under division (A)(1) of this section shall be     5,259        

the adjusted total taxable value modified by subtracting the       5,260        

amount calculated under division (A)(2)(a) of this section.        5,261        

      (B)  As used in division (C) of this section:                5,263        

      (1)  The "total special education weight" for a district     5,265        

means the sum of the following amounts:                            5,266        

      (a)  The district's category one special education ADM       5,268        

multiplied by the multiple specified under division (A) of         5,271        

section 3317.013 of the Revised Code;                                           

      (b)  The sum of the district's category two and category     5,273        

three special education ADMs multiplied by the multiple specified  5,275        

under division (B) of section 3317.013 of the Revised Code.        5,276        

      (2)  "State share percentage" means the percentage           5,278        

calculated for a district as follows:                              5,279        

      (a)  Calculate the basic aid STATE BASE COST FUNDING amount  5,281        

for the district for the fiscal year under division (A) of this    5,283        

section.  If the district would not receive any state basic aid    5,284        

BASE COST FUNDING for that year under that division, the           5,286        

district's state share percentage is zero.                                      

      (b)  If the district would receive basic aid STATE BASE      5,288        

COST FUNDING under that division, divide that basic aid amount by  5,290        

an amount equal to the following:                                  5,291        

                 Cost-of-doing-business factor X                   5,293        

          the formula amount X (the greater of formula             5,294        

             ADM or three-year average formula ADM)                5,295        

      The resultant number is the district's state share           5,297        

percentage.                                                        5,298        

                                                          120    


                                                                 
      (3)  "Related services" includes:                            5,300        

      (a)  Child study, special education supervisors and          5,302        

coordinators, speech and hearing services, adaptive physical       5,303        

development services, occupational or physical therapy, teacher    5,305        

assistants for handicapped children whose handicaps are described  5,306        

in division (B) of section 3317.013 or division (F)(3) of section  5,307        

3317.02 of the Revised Code, behavioral intervention, interpreter  5,309        

services, work study, nursing services, and specialized            5,310        

integrative services as those terms are defined by the                          

department;                                                                     

      (b)  Speech and language services provided to any student    5,313        

with a handicap, including any student whose primary or only       5,314        

handicap is a speech and language handicap;                                     

      (c)  Any related service not specifically covered by other   5,317        

state funds but specified in federal law, including but not        5,318        

limited to, audiology and school psychological services;                        

      (d)  Any service included in units funded under former       5,321        

division (O)(1) of section 3317.023 of the Revised Code;           5,322        

      (e)  Any other related service needed by handicapped         5,325        

children in accordance with their individualized education plans.  5,326        

      (4)  THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT  5,328        

MEANS THE SUM OF THE FOLLOWING AMOUNTS:                            5,329        

      (a)  THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM    5,331        

MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION    5,332        

3317.014 OF THE REVISED CODE;                                      5,333        

      (b)  THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM    5,335        

MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION    5,336        

3317.014 OF THE REVISED CODE.                                      5,337        

      (C)(1)  The department shall compute and distribute state    5,339        

special education and related services additional weighted costs   5,340        

funds to each school district in accordance with the following     5,341        

formula:                                                                        

              The district's state share percentage                5,343        

                X the formula amount for the year                  5,344        

                                                          121    


                                                                 
                 for which the aid is calculated                   5,345        

         X the district's total special education weight           5,346        

      (2)  In any fiscal year, a school district receiving funds   5,348        

under division (C)(1) of this section shall spend on related       5,350        

services the lesser of the following:                              5,351        

      (a)  The amount the district spent on related services in    5,354        

the preceding fiscal year;                                                      

      (b)  1/8 X §[cost-of-doing-business factor X the formula     5,357        

amount X (the category one special education ADM + category two    5,358        

special education ADM + category three special education ADM)< +   5,360        

the amount calculated for the fiscal year under division (C)(1)    5,362        

of this section + the local share of special education and         5,363        

related services additional weighted costs                         5,364        

      (3)  The local share of special education and related        5,366        

services additional weighted costs equals:                         5,367        

          (1 - the district's state share percentage) X            5,369        

         the district's total special education weight X           5,370        

                       the formula amount                          5,371        

      (4)  The department shall compute and pay in accordance      5,374        

with this division additional state aid to school districts for    5,375        

students in category three special education ADM.  If a            5,376        

district's costs for the fiscal year for a student in its          5,377        

category three special education ADM are twenty-five thousand      5,379        

dollars or more, the district may submit to the superintendent of  5,380        

public instruction documentation, as prescribed by the             5,381        

superintendent, of all its costs for that student.  Upon           5,382        

submission of documentation for a student of the type and in the   5,383        

manner prescribed, the department shall pay to the district an     5,384        

amount equal to the district's costs for the student in excess of  5,385        

twenty-five thousand dollars multiplied by the district's state    5,386        

share percentage.                                                               

      THE DISTRICT SHALL ONLY REPORT, AND THE DEPARTMENT SHALL     5,388        

ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE RELATED    5,389        

SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE STUDENT'S  5,390        

                                                          122    


                                                                 
INDIVIDUALIZED EDUCATION PROGRAM.  ANY LEGAL FEES, COURT COSTS,    5,391        

OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION RELATING TO     5,392        

THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT.                     5,393        

      (5)(a)  AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE"  5,395        

MEANS TWENTY-FIVE THOUSAND DOLLARS IN FISCAL YEAR 2000 AND THIRTY  5,396        

THOUSAND DOLLARS IN FISCAL YEAR 2001.                              5,397        

      (b)  FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND    5,399        

FOR NO OTHER PURPOSE, THE DEPARTMENT OF EDUCATION SHALL PAY EACH   5,400        

SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE FOLLOWING FORMULA:  5,401        

          (FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL            5,404        

             ALLOWANCE X THE STATE SHARE PERCENTAGE                5,405        

      (6)  IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS   5,407        

UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS      5,408        

ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED   5,409        

FOR SPECIAL EDUCATION EXPENSES.                                    5,410        

      (D)(1)  As used in this division, "log density" means the    5,412        

logarithmic calculation (base 10) of each district's               5,413        

transportation ADM per linear mile:                                5,414        

      (a)  "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS  5,416        

MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE.            5,417        

      (b)  "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS     5,419        

DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER  5,420        

OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE      5,421        

NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION     5,422        

ADM.                                                                            

      (c)  "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION  5,424        

ADM DIVIDED BY TRANSPORTATION BASE.                                5,425        

      (2)  ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS        5,427        

RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION     5,428        

USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION    5,429        

FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF    5,430        

DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT            5,431        

PERCENTAGE.  FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE    5,432        

AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS           5,433        

                                                          123    


                                                                 
EXPRESSED AS FOLLOWS:                                                           

     50.67477 + (140.94357 X DAILY BUS MILES PER STUDENT) +        5,435        

          (108.36864 X TRANSPORTED STUDENT PERCENTAGE)             5,436        

      (3)  In addition to funds paid under divisions (A) and,      5,439        

(C), AND (E) of this section, each district WITH A TRANSPORTED     5,440        

STUDENT PERCENTAGE GREATER THAN ZERO shall receive a payment       5,441        

equal to sixty per cent A PERCENTAGE of THE PRODUCT OF the         5,442        

district's transportation ADM BASE times the district's most       5,443        

AVERAGE efficient transportation use cost per transported          5,444        

student.  THAT PERCENTAGE SHALL BE THE FOLLOWING PERCENTAGE        5,445        

SPECIFIED FOR                                                                   

      (3)  In fiscal years 1999 through 2002, notwithstanding the  5,447        

amount calculated for each district under division (D)(2) of this  5,448        

section, each district shall receive in the corresponding fiscal   5,449        

year the following percentage of the district's transportation     5,451        

ADM times the district's most efficient transportation use cost    5,452        

per transported student:                                                        

         FISCAL YEAR                        PERCENTAGE             5,454        

         1999                               50%                    5,455        

         2000                               52.5%                  5,456        

         2001                               55%                    5,457        

         2002                               57.5%                  5,458        

         2003 AND THEREAFTER                60%                    5,459        

      (4)  For purposes of funding the student transportation      5,463        

portion, the THE department of education shall ANNUALLY determine  5,464        

the most AVERAGE efficient transportation use cost per             5,466        

transported student for each school district.  This cost per       5,467        

student shall be an amount equal to the number ten to a power      5,468        

calculated in accordance with the following formula:               5,469        

              (-0.413148 X log density) + 2.493129                 5,470        

      (5)  The department of education shall annually update the   5,473        

most efficient transportation use cost per transported student     5,474        

for each district in accordance with the PRINCIPLES STATED IN      5,475        

DIVISION (D)(2) OF THIS SECTION, UPDATING THE INTERCEPT AND        5,476        

                                                          124    


                                                                 
REGRESSION COEFFICIENTS OF THE REGRESSION formula MODELED in THAT  5,477        

division (D)(4) of this section, including the figures and log     5,479        

density component of that formula, based on an annual statewide    5,480        

analysis of each district's transportation ADM per linear mile     5,482        

DAILY BUS MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, and   5,483        

TRANSPORTATION COST DATA.  THE DEPARTMENT shall notify the office               

of budget and management of such update by September of every      5,485        

year.                                                                           

      The department of education shall use the most recent        5,487        

available PRIOR FISCAL YEAR'S data as of the first day of July of  5,488        

each year to complete the annual update.  The department shall     5,489        

AND apply a 2.8 per cent inflation cost adjustment factor for      5,490        

each fiscal year since the fiscal year for which the data applies  5,492        

to adjust the amount calculated for each district under division   5,493        

(D)(2) or (3) of this section to the current fiscal year level.    5,494        

      (4)  NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS        5,496        

SECTION, IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE   5,498        

THE GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS  5,499        

OR THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER      5,500        

DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT   5,501        

FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB.    5,503        

H.B. 650 OF THE 122nd GENERAL ASSEMBLY.                            5,505        

      (5)  IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO     5,507        

(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD  5,508        

SUBSIDY IF BOTH OF THE FOLLOWING APPLY:                            5,509        

      (a)  ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE     5,511        

STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN     5,512        

DIVISION (D)(6) OF THIS SECTION;                                   5,513        

      (b)  ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE          5,516        

STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT      5,517        

DIVISION.                                                                       

      (6)  THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING    5,519        

THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE     5,520        

CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA:               5,521        

                                                          125    


                                                                 
       (PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X         5,524        

                       DENSITY MULTIPLIER                          5,525        

      WHERE:                                                       5,527        

      (a)  "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED   5,529        

IN ACCORDANCE WITH THE FOLLOWING FORMULA:                          5,530        

     0.75 - §0.75 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY       5,533        

     ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE -       5,534        

               STATEWIDE ROUGH ROAD PERCENTAGE)<                   5,535        

      (i)  "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST       5,537        

COUNTY ROUGH ROAD PERCENTAGE IN THE STATE.                         5,538        

      (ii)  "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE   5,540        

OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS     5,541        

THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B,    5,543        

C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED  5,544        

OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE        5,545        

COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS     5,546        

COST-OF-DOING-BUSINESS FACTOR.                                     5,547        

      (iii)  "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE           5,549        

PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL,     5,550        

COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR   5,551        

F BY THE DEPARTMENT OF TRANSPORTATION.                             5,552        

      (b)  "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S      5,554        

TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD   5,555        

PERCENTAGE.                                                                     

      (c)  "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN       5,557        

ACCORDANCE WITH THE FOLLOWING FORMULA:                             5,558        

        1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT           5,560        

               DENSITY)/(MINIMUM STUDENT DENSITY -                 5,561        

                   STATEWIDE STUDENT DENSITY)<                     5,562        

      (i)  "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT     5,564        

STUDENT DENSITY IN THE STATE.                                      5,565        

      (ii)  "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S   5,567        

TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE   5,568        

DISTRICT.                                                          5,569        

                                                          126    


                                                                 
      (iii)  "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE      5,571        

TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM   5,572        

OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS.                       5,573        

      (7)  In addition to funds paid under division DIVISIONS      5,575        

(D)(2) or (3) TO (6) of this section, each district shall receive  5,577        

in accordance with rules adopted by the state board of education                

a payment for students transported by means other than             5,579        

board-owned or contractor-operated buses and whose transportation  5,580        

is not funded under division (J) of section 3317.024 of the        5,581        

Revised Code.  The rules shall include provisions for school       5,582        

district reporting of such students.                                            

      (E)(1)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE    5,584        

VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH       5,586        

SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA:          5,587        

                    STATE SHARE PERCENTAGE X                       5,588        

                      THE FORMULA AMOUNT X                         5,589        

                TOTAL VOCATIONAL EDUCATION WEIGHT                  5,590        

      IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER  5,592        

DIVISION (E)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR   5,593        

THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR        5,594        

VOCATIONAL EDUCATION EXPENSES.                                     5,595        

      (2)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH     5,597        

SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED    5,598        

SERVICES IN ACCORDANCE WITH THE FOLLOWING FORMULA:                 5,599        

 STATE SHARE PERCENTAGE X .05 X THE FORMULA AMOUNT X THE SUM OF    5,602        

         CATEGORIES ONE AND TWO VOCATIONAL EDUCATION ADM           5,605        

      IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER  5,607        

DIVISION (E)(2) OF THIS SECTION, OR THROUGH A TRANSFER OF FUNDS    5,608        

PURSUANT TO DIVISION (L) OF SECTION 3317.023 OF THE REVISED CODE,  5,609        

SHALL SPEND THOSE FUNDS ONLY FOR THE PURPOSES THAT THE DEPARTMENT  5,611        

DESIGNATES AS APPROVED FOR VOCATIONAL EDUCATION ASSOCIATED         5,612        

SERVICES EXPENSES, WHICH MAY INCLUDE SUCH PURPOSES AS              5,613        

APPRENTICESHIP COORDINATORS, COORDINATORS FOR OTHER VOCATIONAL     5,614        

EDUCATION SERVICES, VOCATIONAL EVALUATION, AND OTHER PURPOSES      5,615        

                                                          127    


                                                                 
DESIGNATED BY THE DEPARTMENT.  THE DEPARTMENT MAY DENY PAYMENT     5,616        

UNDER DIVISION (E)(2) OF THIS SECTION TO ANY DISTRICT THAT THE     5,617        

DEPARTMENT DETERMINES IS NOT OPERATING THOSE SERVICES OR IS USING  5,618        

FUNDS PAID UNDER DIVISION (E)(2) OF THIS SECTION, OR THROUGH A     5,619        

TRANSFER OF FUNDS PURSUANT TO DIVISION (L) OF SECTION 3317.023 OF  5,620        

THE REVISED CODE, FOR OTHER PURPOSES.                              5,621        

      IN FISCAL YEARS 2000 AND 2001, EACH SCHOOL DISTRICT SHALL    5,623        

CONTINUE TO OFFER THE SAME NUMBER OF THE VOCATIONAL EDUCATION      5,624        

PROGRAMS THAT THE DISTRICT OFFERED IN FISCAL YEAR 1999, UNLESS     5,625        

THE DEPARTMENT OF EDUCATION EXPRESSLY AGREES THAT THE DISTRICT     5,626        

DOES NOT HAVE TO OFFER A PARTICULAR PROGRAM IN EITHER OR BOTH      5,627        

FISCAL YEAR 2000 OR 2001.                                          5,628        

      Sec. 3317.023.  (A)  Notwithstanding section 3317.022 of     5,637        

the Revised Code, the amounts required to be paid to a district    5,638        

under this chapter shall be adjusted by the amount of the          5,640        

computations made under divisions (B) to (K) of this section.      5,641        

      As used in this section:                                     5,643        

      (1)  "Classroom teacher" means a licensed employee who       5,645        

provides direct instruction to pupils, excluding teachers funded   5,646        

from money paid to the district from federal sources; educational  5,647        

service personnel; and vocational and special education teachers.  5,648        

      (2)  "Educational service personnel" shall not include such  5,650        

specialists funded from money paid to the district from federal    5,651        

sources or assigned full-time to vocational or special education   5,652        

students and classes and may only include those persons employed   5,653        

in the eight specialist areas in a pattern approved by the         5,654        

department of education under guidelines established by the state  5,655        

board of education.                                                5,656        

      (3)  "Annual salary" means the annual base salary stated in  5,658        

the state minimum salary schedule for the performance of the       5,659        

teacher's regular teaching duties that the teacher earns for       5,660        

services rendered for the first full week of October of the        5,661        

fiscal year for which the adjustment is made under division (C)    5,663        

of this section.  It shall not include any salary payments for                  

                                                          128    


                                                                 
supplemental teachers contracts.                                   5,664        

      (4)  "Regular student population" means the formula ADM      5,666        

plus the number of students reported as enrolled in the district   5,667        

pursuant to division (A)(1) of section 3313.981 of the Revised     5,668        

Code; minus the number of students reported under disvision        5,670        

DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the  5,671        

FTE of students reported under division (B)(5), (6), (7), or (8),  5,672        

OR (9) of that section who are enrolled in a vocational education  5,674        

class or receiving special education; and minus one-fourth of the  5,675        

students enrolled concurrently in a joint vocational school        5,676        

district.                                                                       

      (5)  "STATE SHARE PERCENTAGE" HAS THE SAME MEANING AS IN     5,678        

SECTION 3317.022 OF THE REVISED CODE.                              5,679        

      (6)  "VEPD" MEANS A SCHOOL DISTRICT OR GROUP OF SCHOOL       5,681        

DISTRICTS DESIGNATED BY THE DEPARTMENT OF EDUCATION AS BEING       5,682        

RESPONSIBLE FOR THE PLANNING FOR AND PROVISION OF VOCATIONAL       5,683        

EDUCATION SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP.       5,684        

      (7)  "LEAD DISTRICT" MEANS A SCHOOL DISTRICT, INCLUDING A    5,686        

JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE DEPARTMENT AS  5,687        

A VEPD, OR DESIGNATED TO PROVIDE PRIMARY VOCATIONAL EDUCATION      5,688        

LEADERSHIP WITHIN A VEPD COMPOSED OF A GROUP OF DISTRICTS.         5,689        

      (B)  If the district employs less than one full-time         5,691        

equivalent classroom teacher for each twenty-five pupils in the    5,693        

regular student population in any school district, deduct the sum               

of the amounts obtained from the following computations:           5,695        

      (1)  Divide the number of the district's full-time           5,697        

equivalent classroom teachers employed by one twenty-fifth;        5,698        

      (2)  Subtract the quotient in (1) from the district's        5,700        

regular student population;                                        5,701        

      (3)  Multiply the difference in (2) by seven hundred         5,703        

fifty-two dollars.                                                 5,704        

      (C)  If a positive amount, add one-half of the amount        5,706        

obtained by multiplying the number of full-time equivalent         5,707        

classroom teachers by:                                             5,708        

                                                          129    


                                                                 
      (1)  The mean annual salary of all full-time equivalent      5,710        

classroom teachers employed by the district at their respective    5,711        

training and experience levels minus;                              5,712        

      (2)  The mean annual salary of all such teachers at their    5,714        

respective levels in all school districts receiving payments       5,715        

under this section.                                                5,716        

      The number of full-time equivalent classroom teachers used   5,718        

in this computation shall not exceed one twenty-fifth of the       5,719        

district's regular student population.  In calculating the         5,721        

district's mean salary under this division, those full-time        5,722        

equivalent classroom teachers with the highest training level      5,723        

shall be counted first, those with the next highest training       5,724        

level second, and so on, in descending order.  Within the          5,725        

respective training levels, teachers with the highest years of     5,726        

service shall be counted first, the next highest years of service  5,727        

second, and so on, in descending order.                                         

      (D)  This division does not apply to a school district that  5,729        

has entered into an agreement under division (A) of section        5,730        

3313.42 of the Revised Code.  Deduct the amount obtained from the  5,731        

following computations if the district employs fewer than five     5,732        

full-time equivalent educational service personnel, including      5,733        

elementary school art, music, and physical education teachers,     5,734        

counselors, librarians, visiting teachers, school social workers,  5,735        

and school nurses for each one thousand pupils in the regular      5,737        

student population:                                                5,738        

      (1)  Divide the number of full-time equivalent educational   5,740        

service personnel employed by the district by five                 5,741        

one-thousandths;                                                   5,742        

      (2)  Subtract the quotient in (1) from the district's        5,744        

regular student population;                                        5,745        

      (3)  Multiply the difference in (2) by ninety-four dollars.  5,747        

      (E)  If a local school district, or a city or exempted       5,749        

village school district to which a governing board of an           5,751        

educational service center provides services pursuant to section   5,752        

                                                          130    


                                                                 
3313.843 of the Revised Code, deduct the amount of the payment     5,753        

required for the reimbursement of the governing board under        5,754        

section 3317.11 of the Revised Code.                               5,755        

      (F)(1)  If the district is required to pay to or entitled    5,757        

to receive tuition from another school district under division     5,758        

(C)(2) or (3) of section 3313.64 or section 3313.65 of the         5,759        

Revised Code, or if the superintendent of public instruction is    5,760        

required to determine the correct amount of tuition and make a     5,761        

deduction or credit under section 3317.08 of the Revised Code,     5,762        

deduct and credit such amounts as provided in division (I) of      5,763        

section 3313.64 or section 3317.08 of the Revised Code.            5,764        

      (2)  For each child for whom the district is responsible     5,766        

for tuition or payment under division (A)(1) of section 3317.082   5,767        

or section 3323.091 of the Revised Code, deduct the amount of      5,769        

tuition or payment for which the district is responsible.                       

      (G)  If the district has been certified by the               5,771        

superintendent of public instruction under section 3313.90 of the  5,772        

Revised Code as not in compliance with the requirements of that    5,773        

section, deduct an amount equal to ten per cent of the amount      5,774        

computed for the district under section 3317.022 of the Revised    5,775        

Code.                                                              5,776        

      (H)  If the district has received a loan from a commercial   5,779        

lending institution for which payments are made by the             5,780        

superintendent of public instruction pursuant to division (E)(3)   5,781        

of section 3313.483 of the Revised Code, deduct an amount equal    5,782        

to such payments.                                                  5,783        

      (I)(1)  If the district is a party to an agreement entered   5,785        

into under division (D), (E), or (F) of section 3311.06 or         5,786        

division (B) of section 3311.24 of the Revised Code and is         5,787        

obligated to make payments to another district under such an       5,788        

agreement, deduct an amount equal to such payments if the          5,789        

district school board notifies the department in writing that it   5,790        

wishes to have such payments deducted.                             5,791        

      (2)  If the district is entitled to receive payments from    5,793        

                                                          131    


                                                                 
another district that has notified the department to deduct such   5,794        

payments under division (I)(1) of this section, add the amount of  5,796        

such payments.                                                     5,797        

      (J)  If the district is required to pay an amount of funds   5,799        

to a cooperative education district pursuant to a provision        5,800        

described by division (B)(4) of section 3311.52 or division        5,801        

(B)(8) of section 3311.521 of the Revised Code, deduct such        5,802        

amounts as provided under that provision and credit those amounts  5,803        

to the cooperative education district for payment to the district  5,804        

under division (B)(1) of section 3317.19 of the Revised Code.      5,805        

      (K)(1)  If a district is educating a student entitled to     5,807        

attend school in another district pursuant to a shared education   5,808        

contract, compact, or cooperative education agreement other than   5,809        

an agreement entered into pursuant to section 3313.842 of the      5,810        

Revised Code, credit to that educating district on an FTE basis    5,811        

both of the following:                                                          

      (a)  An amount equal to the formula amount times the cost    5,813        

of doing business factor of the school district where the student  5,814        

is entitled to attend school pursuant to section 3313.64 or        5,815        

3313.65 of the Revised Code;                                       5,816        

      (b)  An amount equal to the formula amount times the state   5,818        

share percentage times any multiple applicable to the student      5,819        

pursuant to section 3317.013 OR 3317.014 of the Revised Code.      5,820        

      (2)  Deduct any amount credited pursuant to division (K)(1)  5,822        

of this section from amounts paid to the school district in which  5,823        

the student is entitled to attend school pursuant to section       5,824        

3313.64 or 3313.65 of the Revised Code.                            5,825        

      (3)  If the district is required by a shared education       5,827        

contract, compact, or cooperative education agreement to make      5,828        

payments to an educational service center, deduct the amounts      5,829        

from payments to the district and add them to the amounts paid to  5,830        

the service center pursuant to section 3317.11 of the Revised                   

Code.                                                              5,831        

      (L)(1)  IF A DISTRICT, INCLUDING A JOINT VOCATIONAL SCHOOL   5,833        

                                                          132    


                                                                 
DISTRICT, IS A LEAD DISTRICT OF A VEPD, CREDIT TO THAT DISTRICT    5,834        

THE AMOUNTS CALCULATED FOR ALL THE SCHOOL DISTRICTS WITHIN THAT    5,835        

VEPD PURSUANT TO DIVISION (E)(2) OF SECTION 3317.022 OF THE        5,837        

REVISED CODE.                                                                   

      (2)  DEDUCT FROM EACH APPROPRIATE DISTRICT THAT IS NOT A     5,839        

LEAD DISTRICT, THE AMOUNT ATTRIBUTABLE TO THAT DISTRICT THAT IS    5,840        

CREDITED TO A LEAD DISTRICT UNDER DIVISION (L)(1) OF THIS          5,841        

SECTION.                                                                        

      Sec. 3317.024.  In addition to the moneys paid to eligible   5,850        

school districts pursuant to section 3317.022 of the Revised       5,852        

Code, moneys appropriated for the education programs in divisions  5,853        

(A) to (L), (O), and (P), AND (R) of this section shall be         5,855        

distributed to school districts meeting the requirements of        5,856        

section 3317.01 of the Revised Code; in the case of divisions (I)  5,857        

and, (J), and, in fiscal year 1999 only, division (P)(1) of this   5,858        

section, to educational service centers as provided in section     5,859        

3317.11 of the Revised Code; in the case of divisions (E), (M),    5,861        

and (N) of this section, to county MR/DD boards; in the case of    5,862        

division (I) of this section, to joint vocational and cooperative  5,863        

education school districts;  IN THE CASE OF DIVISION (R) OF THIS   5,864        

SECTION, TO JOINT VOCATIONAL SCHOOL DISTRICTS; in the case of      5,865        

division (K) of this section, to cooperative education school      5,866        

districts; and in the case of division (Q) of this section, to     5,867        

the institutions defined under section 3317.082 of the Revised     5,868        

Code providing elementary or secondary education programs to                    

children other than children receiving special education under     5,869        

section 3323.091 of the Revised Code.  The following shall be      5,870        

distributed monthly, quarterly, or annually as may be determined   5,871        

by the state board of education:                                                

      (A)  A per pupil amount to each school district that         5,873        

establishes a summer school remediation program that complies      5,874        

with rules of the state board of education.                        5,875        

      (B)  An amount for each island school district and each      5,877        

joint state school district for the operation of each high school  5,878        

                                                          133    


                                                                 
and each elementary school maintained within such district and     5,879        

for capital improvements for such schools.  Such amounts shall be  5,880        

determined on the basis of standards adopted by the state board    5,881        

of education.                                                      5,882        

      (C)  An amount for each school district operating classes    5,884        

for children of migrant workers who are unable to be in            5,885        

attendance in an Ohio school during the entire regular school      5,886        

year.  The amounts shall be determined on the basis of standards   5,887        

adopted by the state board of education, except that payment       5,888        

shall be made only for subjects regularly offered by the school    5,889        

district providing the classes.                                    5,890        

      (D)  An amount for each school district with guidance,       5,892        

testing, and counseling programs approved by the state board of    5,893        

education.  The amount shall be determined on the basis of         5,894        

standards adopted by the state board of education.                 5,895        

      (E)  An amount for the emergency purchase of school buses    5,897        

as provided for in section 3317.07 of the Revised Code;            5,898        

      (F)  An amount for each school district required to pay      5,900        

tuition for a child in an institution maintained by the            5,901        

department of youth services pursuant to section 3317.082 of the   5,902        

Revised Code, provided the child was not included in the           5,904        

calculation of the district's average daily membership for the     5,905        

preceding school year.                                                          

      (G)  An IN FISCAL YEAR 2000 ONLY, AN amount to each school   5,907        

district for supplemental salary allowances for each licensed      5,908        

employee except those licensees serving as superintendents,        5,909        

assistant superintendents, principals, or assistant principals,    5,910        

whose term of service in any year is extended beyond the term of   5,911        

service of regular classroom teachers, as described in section     5,912        

3301.0725 of the Revised Code;                                     5,913        

      (H)  An amount for adult basic literacy education for each   5,915        

district participating in programs approved by the state board of  5,916        

education.  The amount shall be determined on the basis of         5,917        

standards adopted by the state board of education.                 5,918        

                                                          134    


                                                                 
      (I)  Notwithstanding section 3317.01 of the Revised Code,    5,920        

to each city, local, and exempted village school district, an      5,921        

amount pursuant to section 3301.17 of the Revised Code for         5,922        

conducting driver education courses at high schools for which the  5,923        

state board of education prescribes minimum standards and to       5,924        

joint vocational and cooperative education school districts and    5,926        

educational service centers, an amount pursuant to such section    5,927        

for conducting driver education courses to pupils enrolled in a    5,928        

high school for which the state board prescribes minimum           5,929        

standards;                                                                      

      (J)  An amount for the approved cost of transporting         5,931        

developmentally handicapped pupils whom it is impossible or        5,932        

impractical to transport by regular school bus in the course of    5,933        

regular route transportation provided by the district or service   5,934        

center.  No district or service center is eligible to receive a    5,935        

payment under this division for the cost of transporting any       5,937        

pupil whom it transports by regular school bus and who is          5,938        

included in the district's transportation ADM.  The state board    5,939        

of education shall establish standards and guidelines for use by   5,940        

the department of education in determining the approved cost of    5,941        

such transportation for each district or service center.           5,942        

      (K)  An amount to each school district, including each       5,944        

cooperative education school district, pursuant to section         5,945        

3313.81 of the Revised Code to assist in providing free lunches    5,946        

to needy children and an amount to assist needy school districts   5,947        

in purchasing necessary equipment for food preparation.  The       5,948        

amounts shall be determined on the basis of rules adopted by the   5,949        

state board of education.                                          5,950        

      (L)  An amount to each school district, for each pupil       5,952        

attending a chartered nonpublic elementary or high school within   5,953        

the district.  The amount shall equal the amount appropriated for  5,954        

the implementation of section 3317.06 of the Revised Code divided  5,955        

by the average daily membership in grades kindergarten through     5,956        

twelve in nonpublic elementary and high schools within the state   5,957        

                                                          135    


                                                                 
as determined during the first full week in October of each        5,958        

school year.                                                       5,959        

      (M)  An amount for each county MR/DD board, distributed on   5,962        

the basis of standards adopted by the state board of education,    5,963        

for the approved cost of transportation required for children      5,964        

attending special education programs operated by the county MR/DD  5,965        

board under section 3323.09 of the Revised Code;                   5,966        

      (N)  An amount for each county MR/DD board, distributed on   5,969        

the basis of standards adopted by the state board of education,    5,970        

for supportive home services for preschool children;               5,971        

      (O)  An amount for each school district that establishes a   5,973        

mentor teacher program that complies with rules of the state       5,974        

board of education.  No school district shall be required to       5,975        

establish or maintain such a program in any year unless            5,976        

sufficient funds are appropriated to cover the district's total    5,977        

costs for the program.                                                          

      (P)(1)  For fiscal year 1999 only, an AN amount to each      5,980        

school district or educational service center for the total        5,981        

number of gifted units approved pursuant to section 3317.05 of     5,982        

the Revised Code.  The amount for each such unit shall be the sum  5,983        

of the minimum salary for the teacher of the unit, calculated on   5,984        

the basis of the teacher's training level and years of experience  5,985        

pursuant to section 3317.13 of the Revised Code, plus fifteen per  5,986        

cent of that minimum salary amount, plus two thousand six hundred  5,987        

seventy-eight dollars.                                             5,988        

      (2)  The general assembly intends to begin a review and      5,990        

revision of the funding formula for gifted education services in   5,992        

1999.  The analysis and any resulting calculations shall be based  5,994        

upon a rational methodology for calculating the cost of adequate                

gifted education services.  The analysis shall use data generated  5,995        

by a study funded through the department of education.             5,996        

      (Q)  An amount to each institution defined under section     5,999        

3317.082 of the Revised Code providing elementary or secondary     6,001        

education to children other than children receiving special        6,002        

                                                          136    


                                                                 
education under section 3323.091 of the Revised Code.  This        6,003        

amount for any institution in any fiscal year shall equal the      6,004        

total of all tuition amounts required to be paid to the            6,005        

institution under division (A)(1) of section 3317.082 of the       6,007        

Revised Code.                                                                   

      (R)  A GRANT TO EACH SCHOOL DISTRICT AND JOINT VOCATIONAL    6,009        

SCHOOL DISTRICT THAT OPERATES A "GRADUATION, REALITY, AND          6,010        

DUAL-ROLE SKILLS" (GRADS) PROGRAM FOR PREGNANT AND PARENTING       6,011        

STUDENTS THAT IS APPROVED BY THE DEPARTMENT.  THE AMOUNT OF THE    6,012        

PAYMENT SHALL BE THE DISTRICT'S STATE SHARE PERCENTAGE, AS         6,014        

DEFINED IN SECTION 3317.022 OR 3317.16 OF THE REVISED CODE, TIMES  6,015        

THE GRADS PERSONNEL ALLOWANCE TIMES THE FULL-TIME-EQUIVALENT       6,016        

NUMBER OF GRADS TEACHERS APPROVED BY THE DEPARTMENT.  THE GRADS    6,017        

PERSONNEL ALLOWANCE IS $45,000 IN FISCAL YEAR 2000 AND $46,260 IN  6,018        

FISCAL YEAR 2001.                                                  6,019        

      The state board of education or any other board of           6,021        

education or governing board may provide for any resident of a     6,022        

district or educational service center territory any educational   6,024        

service for which funds are made available to the board by the     6,025        

United States under the authority of public law, whether such      6,026        

funds come directly or indirectly from the United States or any    6,027        

agency or department thereof or through the state or any agency,   6,028        

department, or political subdivision thereof.                                   

      Sec. 3317.029.  (A)  As used in this section:                6,037        

      (1)  "DPIA percentage" means the quotient obtained by        6,040        

dividing the five-year average number of children ages five to     6,041        

seventeen residing in the school district and living in a family   6,042        

receiving family assistance, as certified or adjusted under        6,043        

section 3317.10 of the Revised Code, by the district's three-year  6,044        

average formula ADM.                                                            

      (2)  "Family assistance" means assistance received under     6,046        

the Ohio works first program or, for the purpose of determining    6,048        

the five-year average number of recipients of family assistance    6,049        

in fiscal years 1999 through 2002, assistance received under an    6,050        

                                                          137    


                                                                 
antecedent program known as TANF or ADC.                           6,051        

      (3)  "Statewide DPIA percentage" means the five-year         6,054        

average of the total number of children ages five to seventeen     6,055        

years residing in the state and receiving family assistance,       6,056        

divided by the sum of the three-year average formula ADMs for all  6,058        

school districts in the state.                                                  

      (4)  "DPIA index" means the quotient obtained by dividing    6,061        

the school district's DPIA percentage by the statewide DPIA        6,063        

percentage.                                                                     

      (5)  "Kindergarten ADM" means the number of students         6,066        

reported under section 3317.03 of the Revised Code as enrolled in  6,067        

kindergarten.                                                      6,068        

      (6)  "Kindergarten through third grade ADM" means the        6,071        

amount calculated as follows:                                                   

      (a)  Multiply the kindergarten ADM by the sum of one plus    6,074        

the all-day kindergarten percentage;                               6,075        

      (b)  Add the number of students in grades one through        6,077        

three;                                                                          

      (d)(c)  Subtract from the sum calculated under division      6,079        

(A)(6)(c)(b) of this section the number of special education       6,081        

students in grades kindergarten through three.                     6,082        

      (7)  "Statewide average teacher salary" means thirty-nine    6,084        

thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN        6,085        

DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED  6,086        

TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for   6,087        

the value of fringe benefits.                                      6,088        

      (8)  "All-day kindergarten" means a kindergarten class that  6,091        

is in session five days per week for not less than the same        6,092        

number of clock hours each day as for pupils in grades one         6,093        

through six.                                                                    

      (9)  "All-day kindergarten percentage" means the percentage  6,095        

of a district's actual total number of students enrolled in        6,096        

kindergarten who are enrolled in all-day kindergarten.             6,097        

      (10)  "Buildings with the highest concentration of need"     6,099        

                                                          138    


                                                                 
means the school buildings in a district with percentages of       6,101        

students receiving family assistance in grades kindergarten        6,102        

through three at least as high as the district-wide percentage of  6,103        

students receiving family assistance.  If, however, the            6,104        

information provided by the department of human services under     6,105        

section 3317.10 of the Revised Code is insufficient to determine   6,108        

the family assistance percentage in each building, "buildings      6,109        

with the highest concentration of need" has the meaning given in   6,110        

rules that the department of education shall adopt.  The rules     6,111        

shall base the definition of "buildings with the highest           6,112        

concentration of need" on family income of students in grades      6,113        

kindergarten through three in a manner that, to the extent                      

possible with available data, approximates the intent of this      6,114        

division and division (G) of this section to designate buildings   6,116        

where the family assistance percentage in those grades equals or   6,117        

exceeds the district-wide family assistance percentage.            6,118        

      (B)  In addition to the amounts required to be paid to a     6,121        

school district under section 3317.022 of the Revised Code, a      6,122        

school district shall receive the greater of the amount the        6,123        

district received in fiscal year 1998 pursuant to division (B) of  6,124        

section 3317.023 of the Revised Code as it existed at that time    6,126        

or the sum of the computations made under divisions (C) to (E) of  6,127        

this section.                                                                   

      (C)  A supplemental payment that may be utilized for         6,129        

measures related to safety and security and for remediation or     6,130        

similar programs, calculated as follows:                           6,131        

      (1)  If the DPIA index of the school district is greater     6,134        

than or equal to thirty-five-hundredths, but less than one, an     6,135        

amount obtained by multiplying the five-year average number of     6,136        

pupils in a district receiving family assistance by two hundred    6,137        

thirty dollars;                                                    6,138        

      (2)  If the DPIA index of the school district is greater     6,141        

than or equal to one, an amount obtained by multiplying the DPIA   6,143        

index by two hundred thirty dollars and multiplying that product   6,144        

                                                          139    


                                                                 
by the five-year average number of pupils in a district receiving  6,145        

family assistance.                                                 6,146        

      (D)  A payment for all-day kindergarten if the DPIA index    6,149        

of the school district is greater than or equal to one or if the   6,150        

district's three-year average formula ADM exceeded seventeen       6,151        

thousand five hundred, calculated by multiplying the all-day       6,152        

kindergarten percentage by the kindergarten ADM and multiplying    6,153        

that product by the formula amount.                                6,154        

      (E)  A class-size reduction payment based on calculating     6,157        

the number of new teachers necessary to achieve a lower            6,158        

student-teacher ratio, as follows:                                 6,159        

      (1)  Determine or calculate a formula number of teachers     6,161        

per one thousand students based on the DPIA index of the school    6,163        

district as follows:                                               6,164        

      (a)  If the DPIA index of the school district is less than   6,167        

six-tenths, the formula number of teachers is 43.478, which is     6,168        

the number of teachers per one thousand students at a              6,169        

student-teacher ratio of twenty-three to one;                      6,170        

      (b)  If the DPIA index of the school district is greater     6,173        

than or equal to six-tenths, but less than two and one-half, the   6,174        

formula number of teachers is calculated as follows:               6,175        

           43.478 + §[(DPIA index-0.6)/1.9< X 23.188               6,177        

      Where 43.478 is the number of teachers per one thousand      6,179        

students at a student-teacher ratio of twenty-three to one; 1.9    6,180        

is the interval from a DPIA index of six-tenths to a DPIA index    6,183        

of two and one-half; and 23.188 is the difference in the number    6,184        

of teachers per one thousand students at a student-teacher ratio   6,185        

of fifteen to one and the number of teachers per one thousand      6,186        

students at a student-teacher ratio of twenty-three to one.        6,188        

      (c)  If the DPIA index of the school district is greater     6,191        

than or equal to two and one-half, the formula number of teachers  6,192        

is 66.667, which is the number of teachers per one thousand        6,193        

students at a student-teacher ratio of fifteen to one.             6,194        

      (2)  Multiply the formula number of teachers determined or   6,196        

                                                          140    


                                                                 
calculated in division (E)(1) of this section by the kindergarten  6,198        

through third grade ADM for the district and divide that product   6,199        

by one thousand;                                                                

      (3)  Calculate the number of new teachers as follows:        6,201        

      (a)  Multiply the kindergarten through third grade ADM by    6,204        

43.478, which is the number of teachers per one thousand students  6,205        

at a student-teacher ratio of twenty-three to one, and divide      6,206        

that product by one thousand;                                                   

      (b)  Subtract the quotient obtained in division (E)(3)(a)    6,209        

of this section from the product in division (E)(2) of this        6,210        

section.                                                                        

      (4)  Multiply the greater of the difference obtained under   6,212        

division (E)(3) of this section or zero by the statewide average   6,214        

teachers salary.                                                                

      (F)  This division applies only to school districts whose    6,216        

DPIA index is one or greater.                                      6,217        

      (1)  Each school district subject to this division shall     6,219        

first utilize funds received under this section so that, when      6,220        

combined with other funds of the district, sufficient funds exist  6,221        

to provide all-day kindergarten to at least the number of          6,222        

children in the district's all-day kindergarten percentage.        6,223        

      (2)  Up to an amount equal to the district's DPIA index      6,225        

multiplied by the five-year average number of pupils in a          6,226        

district receiving family assistance multiplied by two hundred     6,227        

thirty dollars of the money distributed under this section may be  6,229        

utilized for one or both of the following:                         6,230        

      (a)  Programs designed to ensure that schools are free of    6,233        

drugs and violence and have a disciplined environment conducive    6,234        

to learning;                                                                    

      (b)  Remediation for students who have failed or are in      6,237        

danger of failing any of the proficiency tests administered        6,238        

pursuant to section 3301.0710 of the Revised Code.                              

      (3)  Except as otherwise required by division (G) of this    6,240        

section, all other funds distributed under this section to         6,241        

                                                          141    


                                                                 
districts subject to this division shall be utilized for the       6,242        

purpose of the third grade guarantee.  The third grade guarantee   6,243        

consists of increasing the amount of instructional attention       6,245        

received per pupil in kindergarten through third grade, either by  6,246        

reducing the ratio of students to instructional personnel or by    6,247        

increasing the amount of instruction and curriculum-related        6,248        

activities by extending the length of the school day or the        6,249        

school year.                                                                    

      School districts may implement a reduction of the ratio of   6,251        

students to instructional personnel through any or all of the      6,252        

following methods:                                                 6,253        

      (a)  Reducing the number of students in a classroom taught   6,256        

by a single teacher;                                                            

      (b)  Employing full-time educational aides or educational    6,259        

paraprofessionals issued a permit or license under section         6,260        

3319.088 of the Revised Code;                                                   

      (c)  Instituting a team-teaching method that will result in  6,263        

a lower student-teacher ratio in a classroom.                                   

      Districts may extend the school day either by increasing     6,265        

the amount of time allocated for each class, increasing the        6,266        

number of classes provided per day, offering optional              6,267        

academic-related after-school programs, providing                  6,268        

curriculum-related extra curricular activities, or establishing    6,269        

tutoring or remedial services for students who have demonstrated   6,270        

an educational need.  In accordance with section 3319.089 of the   6,271        

Revised Code, a district extending the school day pursuant to      6,273        

this division may utilize a participant of the work experience     6,274        

program who has a child enrolled in a public school in that        6,275        

district and who is fulfilling the work requirements of that                    

program by volunteering or working in that public school.  If the  6,276        

work experience program participant is compensated, the school     6,277        

district may use the funds distributed under this section for all  6,278        

or part of the compensation.                                                    

      Districts may extend the school year either through adding   6,280        

                                                          142    


                                                                 
regular days of instruction to the school calendar or by           6,281        

providing summer programs.                                         6,282        

      (G)  Each district subject to division (F) of this section   6,285        

shall not expend any funds received under division (E) of this     6,286        

section in any school buildings that are not buildings with the    6,287        

highest concentration of need, unless there is a ratio of          6,288        

instructional personnel to students of no more than fifteen to     6,289        

one in each kindergarten and first grade class in all buildings    6,290        

with the highest concentration of need.  This division does not    6,292        

require that the funds used in buildings with the highest          6,293        

concentration of need be spent solely to reduce the ratio of       6,294        

instructional personnel to students in kindergarten and first      6,295        

grade.  A school district may spend the funds in those buildings   6,296        

in any manner permitted by division (F)(3) of this section, but    6,297        

may not spend the money in other buildings unless the              6,298        

fifteen-to-one ratio required by this division is attained.        6,299        

      (H)(1)  By the first day of August of each fiscal year,      6,301        

each school district wishing to receive any funds under division   6,302        

(D) of this section shall submit to the department of education    6,304        

an estimate of its all-day kindergarten percentage.  Each          6,306        

district shall update its estimate throughout the fiscal year in   6,307        

the form and manner required by the department, and the            6,308        

department shall adjust payments under this section to reflect     6,309        

the updates.                                                                    

      (2)  Annually by the end of December, the department of      6,311        

education, utilizing data from the information system established  6,313        

under section 3301.0714 of the Revised Code and after              6,314        

consultation with the legislative office of education oversight,   6,315        

shall determine for each school district subject to division (F)   6,316        

of this section whether in the preceding fiscal year the           6,317        

district's ratio of instructional personnel to students; and its   6,318        

number of kindergarten students receiving all-day kindergarten     6,319        

appear reasonable, given the amounts of money the district         6,320        

received for that fiscal year pursuant to divisions (D) and (E)    6,321        

                                                          143    


                                                                 
of this section.  If the department is unable to verify from the   6,322        

data available that students are receiving reasonable amounts of   6,323        

instructional attention and all-day kindergarten, given the funds  6,324        

the district has received under this section and that class-size   6,326        

reduction funds are being used in school buildings with the        6,327        

highest concentration of need as required by division (G) of this  6,328        

section, the department shall conduct a more intensive             6,329        

investigation to ensure that funds have been expended as required  6,330        

by this section.  The department shall file an annual report of    6,331        

its findings under this division with the chairpersons of the      6,332        

committees in each house of the general assembly dealing with      6,333        

finance and education.                                                          

      (I)  Any school district with a DPIA index less than one     6,335        

and a three-year average formula ADM exceeding seventeen thousand  6,338        

five hundred shall first utilize funds received under this         6,339        

section so that, when combined with other funds of the district,                

sufficient funds exist to provide all-day kindergarten to at       6,340        

least the number of children in the district's all-day             6,341        

kindergarten percentage.  Such a district shall expend at least    6,342        

seventy per cent of the remaining funds received under this        6,343        

section, and any other district with a DPIA index less than one    6,345        

shall expend at least seventy per cent of all funds received       6,346        

under this section, for any of the following purposes:             6,347        

      (1)  The purchase of technology for instructional purposes;  6,350        

      (2)  All-day kindergarten;                                   6,352        

      (3)  Reduction of class sizes;                               6,354        

      (4)  Summer school remediation;                              6,356        

      (5)  Dropout prevention programs;                            6,358        

      (6)  Guaranteeing that all third graders are ready to        6,361        

progress to more advanced work;                                                 

      (7)  Summer education and work programs;                     6,363        

      (8)  Adolescent pregnancy programs;                          6,365        

      (9)  Head start or preschool programs;                       6,367        

      (10)  Reading improvement programs described by the          6,370        

                                                          144    


                                                                 
department of education;                                                        

      (11)  Programs designed to ensure that schools are free of   6,373        

drugs and violence and have a disciplined environment conducive    6,374        

to learning;                                                                    

      (12)  Furnishing, free of charge, materials used in courses  6,377        

of instruction, except for the necessary textbooks required to be  6,378        

furnished without charge pursuant to section 3329.06 of the        6,379        

Revised Code, to pupils living in families participating in Ohio   6,380        

works first in accordance with section 3313.642 of the Revised     6,381        

Code;                                                                           

      (13)  School breakfasts provided pursuant to section         6,383        

3313.813 of the Revised Code.                                      6,384        

      Each district shall submit to the department, in such        6,386        

format and at such time as the department shall specify, a report  6,387        

on the programs for which it expended funds under this division.   6,388        

      (J)  If at any time the superintendent of public             6,390        

instruction determines that a school district receiving funds      6,391        

under division (D) of this section has enrolled less than the      6,392        

all-day kindergarten percentage reported for that fiscal year,     6,394        

the superintendent shall withhold from the funds otherwise due     6,395        

the district under this section a proportional amount as           6,396        

determined by the difference in the certified all-day              6,397        

kindergarten percentage and the percentage actually enrolled in    6,398        

all-day kindergarten.                                              6,399        

      The superintendent shall also withhold an appropriate        6,401        

amount of funds otherwise due a district for any other misuse of   6,402        

funds not in accordance with this section.                         6,403        

      Sec. 3317.0212.  Divisions (B) and (C) of this section do    6,412        

not apply to a school district with a formula ADM of one hundred   6,414        

fifty or less.                                                                  

      (A)  As used in this section:                                6,416        

      (1)  "Fundamental FY 1997 state aid" or "fundamental FY      6,419        

1998 state aid" for a district means the total amount of state     6,420        

money received by the district for the applicable fiscal year as   6,422        

                                                          145    


                                                                 
reported on the department of education's form "SF-12," adjusted   6,423        

as follows:                                                        6,424        

      (a)  Minus the amount for transportation;                    6,426        

      (b)  Minus any amounts for approved preschool handicapped    6,429        

units;                                                                          

      (c)  Minus any additional amount attributable to the         6,432        

reappraisal guarantee of division (C) of section 3317.04 of the    6,433        

Revised Code;                                                      6,434        

      (d)  Plus the amount deducted for payments to an             6,436        

educational service center;                                        6,437        

      (e)  Plus an estimated portion of the state money            6,439        

distributed in the applicable fiscal year to other school          6,440        

districts or educational service centers for approved units,       6,441        

other than preschool handicapped or gifted education units,        6,442        

attributable to the costs of providing services in those units to  6,444        

students entitled to attend school in the district;                             

      (f)  Minus an estimated portion of the state money           6,446        

distributed to the school district in the applicable fiscal year   6,447        

for approved units, other than preschool handicapped units or      6,448        

gifted education units, attributable to the costs of providing     6,449        

services in those units to students entitled to attend school in   6,450        

another school district;                                           6,451        

      (g)  Plus any additional amount paid in the applicable       6,454        

fiscal year pursuant to the vocational education recomputation     6,455        

required by Section 45.12 of Amended Substitute House Bill No.                  

117 of the 121st general assembly or former Section 50.22 of       6,456        

Amended Substitute House Bill No. 215 of the 122nd general         6,457        

assembly;                                                                       

      (h)  Plus any additional amount paid in the applicable       6,460        

fiscal year pursuant to the special education recomputation        6,461        

required by former division (I) of section 3317.023 of the                      

Revised Code;                                                      6,462        

      (i)  Plus any amount paid for equity aid in the applicable   6,465        

fiscal year under section 3317.0213 of the Revised Code;           6,467        

                                                          146    


                                                                 
      (j)  Plus any amount received for the applicable fiscal      6,469        

year pursuant to section 3317.027 of the Revised Code;             6,471        

      (k)  Plus any amount received for the applicable fiscal      6,473        

year resulting from a recomputation made under division (B) of     6,474        

section 3317.022 of the Revised Code.                              6,475        

      (2)  "Enhanced FY 1998 1999 state aid" for a district means  6,478        

its fundamental FY 1998 state BASIC aid FOR FISCAL YEAR 1999,      6,480        

plus any amounts for which the district was eligible pursuant to   6,481        

division (K) (D) of THE VERSION OF section 3317.024 3317.022 of    6,482        

the Revised Code, as that division existed in EFFECT THAT fiscal   6,483        

year 1998.                                                         6,484        

      (3)  "State basic aid" for a district for any fiscal year    6,486        

after fiscal year 1998 1999 means the sum of the following:        6,488        

      (a)  The amount computed for the district for basic formula  6,490        

aid and BASE COST FUNDING, special education funding, AND          6,492        

VOCATIONAL EDUCATION FUNDING under divisions (A), (B), and (C)(1)  6,494        

AND (5), AND (E) of section 3317.022 and sections 3317.025 and     6,495        

3317.027 of the Revised Code and DPIA aid under section 3317.029   6,496        

of the Revised Code in the current fiscal year before any          6,498        

deduction or credit required by division (B), (D), (E), (F), (G),  6,500        

(H), (I), (J), or (K), OR (L) of section 3317.023 or division (J)  6,501        

of section 3317.029 of the Revised Code;                           6,503        

      (b)  Any amounts for which the district is eligible          6,505        

pursuant to division (C) of section 3317.023, divisions (G) and,   6,506        

(P), AND (R) of section 3317.024, and THE SUPPLEMENTAL UNIT        6,508        

ALLOWANCE PAID FOR GIFTED UNITS UNDER division (B) of section      6,509        

3317.162 of the Revised Code;                                      6,510        

      (c)  Any equity aid for which the district is eligible       6,513        

under section 3317.0213 of the Revised Code.                                    

      (4)  "STATE BASIC AID FOR FISCAL YEAR 1999" MEANS A          6,515        

DISTRICT'S "STATE BASIC AID" FOR THAT YEAR, AS DEFINED IN THE      6,516        

VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, PLUS AN     6,517        

APPROPRIATE PROPORTION, AS DETERMINED BY THE DEPARTMENT OF         6,518        

EDUCATION, OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN                     

                                                          147    


                                                                 
FISCAL YEAR 1999 FROM THE VOCATIONAL EDUCATION SET-ASIDE AND       6,519        

ATTRIBUTABLE TO THE DISTRICT'S STUDENTS.                           6,520        

      (5)  "VOCATIONAL EDUCATION SET-ASIDE" MEANS THE UP TO        6,522        

$24,193,118 EARMARKED FOR ADDITIONAL SCHOOL DISTRICT VOCATIONAL    6,523        

EDUCATION GRANTS UNDER APPROPRIATION ITEM 200-545, VOCATIONAL      6,524        

EDUCATION ENHANCEMENTS, IN AM. SUB. H.B. 770 OF THE 122nd GENERAL  6,525        

ASSEMBLY.                                                                       

      (B)  Upon request of the department of education, the        6,527        

treasurer of any school district or educational service center     6,528        

shall furnish data needed to calculate the amounts specified in    6,529        

divisions (A)(1)(e) and (f) of this section.  The department       6,530        

shall compute AND PAY the state basic aid guarantee for each       6,531        

school district for the fiscal year as follows:                    6,532        

      (1)  Subtract the amount of state basic aid from the amount  6,535        

of fundamental FY 1998 state aid.  If a negative number, this      6,536        

computation shall be deemed to be zero.                            6,537        

      (2)  Compute the following amounts:                          6,539        

      (a)  Formula ADM X (state basic aid/formula ADM);            6,542        

      (b)  The greater of formula ADM or three-year average        6,545        

formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM).         6,546        

      (3)  If the amount computed under division (B)(2)(b) of      6,549        

this section is greater than the amount computed under division                 

(B)(2)(a) of this section, determine the amount by which it is     6,551        

greater.  If the amount computed under division (B)(2)(b) of this  6,552        

section is not greater than the amount computed under division     6,553        

(B)(2)(a) of this section, this computation shall be deemed to be  6,554        

zero.                                                                           

      (4)  Except as provided in division (C) of this section,     6,557        

the department shall determine for each district the lesser of     6,558        

the amounts computed in divisions (B)(1) and (3) of this section   6,560        

and, if greater than zero, pay PAY the district that ANY POSITIVE  6,562        

amount CALCULATED UNDER DIVISION (B)(1) OF THIS SECTION.           6,563        

      (C)  In fiscal year 1999 2000, the department shall          6,566        

calculate for each district the sum of the district's state basic  6,567        

                                                          148    


                                                                 
aid for THAT fiscal year 1999, plus ANY AMOUNT CALCULATED UNDER    6,568        

DIVISION (B)(1) OF THIS SECTION, PLUS the transportation portion   6,569        

of state aid computed FOR THE DISTRICT FOR THAT FISCAL YEAR under  6,571        

division (D) of THE VERSION OF section 3317.022 of the Revised     6,573        

Code for the district for IN EFFECT THAT fiscal year 1999.  If a   6,574        

district's enhanced FY 1998 1999 state aid is greater than that    6,575        

sum, then the department shall pay the district in THAT fiscal     6,577        

year 1999 one hundred per cent of the difference or the amount     6,578        

required by division (B)(4) of this section, whichever is          6,579        

greater.                                                                        

      (D)(1)  The state basic aid guarantee in any fiscal year     6,581        

for a school district with a formula ADM of one hundred fifty or   6,582        

less shall be the greatest of the following amounts:               6,583        

      (a)  The district's state basic aid for the fiscal year;     6,585        

      (b)  The district's fundamental FY 1998 state aid;           6,587        

      (c)  The district's fundamental FY 1997 state aid.           6,589        

      (2)  If in any fiscal year the state basic aid for a school  6,591        

district with a formula ADM of one hundred fifty or less is less   6,592        

than the guarantee amount determined for the district under        6,593        

division (D)(1) of this section, the department of education       6,594        

shall pay the district the amount of the difference.               6,595        

      Sec. 3317.0213.  No money shall be distributed under this    6,604        

section after fiscal year 2001 2002.                               6,605        

      (A)  As used in this section:                                6,607        

      (1)  "ADM" for any school district means:                    6,609        

      (a)  In fiscal year 1999, the FY 1998 ADM;                   6,612        

      (b)  In fiscal years 2000 and 2001 THROUGH 2002, the         6,614        

formula ADM reported for the previous fiscal year.                 6,615        

      (2)  "Average taxable value" means the average of the        6,618        

amounts certified for a district in the second, third, and fourth  6,619        

preceding fiscal years under divisions (A)(1) and (2) of section   6,620        

3317.021 of the Revised Code.                                                   

      (3)  "Valuation per pupil" for a district means:             6,622        

      (a)  In fiscal year 1999, the district's average taxable     6,625        

                                                          149    


                                                                 
value, divided by the district's FY 1998 ADM;                      6,628        

      (b)  In a fiscal year that occurs after fiscal year 1999,    6,631        

the district's average taxable value, divided by the district's    6,633        

formula ADM for the preceding fiscal year.                         6,634        

      (4)  "Threshold valuation" means:                            6,636        

      (a)  In fiscal year 1999, the adjusted valuation per pupil   6,639        

of the school district with the two hundred twenty-ninth lowest    6,640        

adjusted valuation per pupil in the state, according to data       6,642        

available at the time of the computation under division (B) of     6,643        

this section;                                                                   

      (b)  In fiscal year 2000, the adjusted valuation per pupil   6,645        

of the district with the one hundred sixty-third NINETY-SIXTH      6,646        

lowest such valuation in the state;                                6,647        

      (c)  In fiscal year 2001, the adjusted valuation per pupil   6,649        

of the district with the one hundred eighteenth SIXTY-THIRD        6,650        

lowest such valuation in the state;                                6,651        

      (d)  IN FISCAL YEAR 2002, THE ADJUSTED VALUATION PER PUPIL   6,653        

OF THE DISTRICT WITH THE ONE-HUNDRED-EIGHTEENTH LOWEST SUCH        6,654        

VALUATION IN THE STATE.                                                         

      (5)  "Adjusted valuation per pupil" for a district means an  6,656        

amount calculated in accordance with the following formula:        6,657        

 The district's valuation per pupil - ($30,000 X (one minus the    6,660        

                   district's income factor))                                   

      (6)  "Millage rate" means .012 in fiscal year 1999, .011 in  6,662        

fiscal year 2000, and .010 in fiscal year 2001, AND .009 IN        6,663        

FISCAL YEAR 2002.                                                  6,664        

      (B)  Beginning in fiscal year 1993, during August of each    6,666        

fiscal year, the department of education shall distribute to each  6,667        

school district meeting the requirements of section 3317.01 of     6,668        

the Revised Code whose adjusted valuation per pupil is less than   6,669        

the threshold valuation, an amount calculated in accordance with   6,670        

the following formula:                                             6,671        

(The threshold valuation - the district's adjusted valuation per   6,674        

                   pupil) X millage rate X ADM                     6,675        

                                                          150    


                                                                 
      Sec. 3317.0216.  (A)  As used in this section:               6,684        

      (1)  "Total taxes charged and payable for current expenses"  6,687        

means the sum of the taxes charged and payable as certified under  6,688        

division (A)(3) of section 3317.021 of the Revised Code, and the   6,690        

tax liability for the preceding year under any school district     6,691        

income tax levied by the district pursuant to Chapter 5748. of     6,692        

the Revised Code to the extent the revenue from the income tax is  6,693        

allocated or apportioned to current expenses.                      6,694        

      (2)  "State equalization enhancement payments" means any     6,696        

payment made to a school district pursuant to section 3317.0215    6,697        

of the Revised Code for the preceding fiscal year.                 6,698        

      (3)  "Charge-off amount" means the product obtained by       6,700        

multiplying two and three-tenths per cent by adjusted total        6,701        

taxable value.                                                     6,702        

      (4)  "Total receipts available for current expenses" of a    6,705        

school district means the sum of total taxes charged and payable   6,706        

for current expenses and the district's state equalization                      

enhancement payments.                                              6,707        

      (5)  "Local share of special education and related services  6,709        

additional weighted costs" has the same meaning as in division     6,712        

(C)(3) of section 3317.022 of the Revised Code.                                 

      (6)  "LOCAL SHARE OF VOCATIONAL EDUCATION AND ASSOCIATED     6,714        

SERVICES ADDITIONAL WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT       6,715        

MEANS THE AMOUNT DETERMINED AS FOLLOWS:                            6,716        

        (1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION          6,717        

       3317.022 OF THE REVISED CODE) X [(TOTAL VOCATIONAL          6,718        

          EDUCATION WEIGHT AS DEFINED IN THAT SECTION X            6,720        

   THE FORMULA AMOUNT) + THE DISTRICT'S PAYMENT UNDER DIVISION     6,722        

         (E)(2) OF SECTION 3317.02 OF THE REVISED CODE<                         

      (B)  Upon receiving the certifications under section         6,724        

3317.021 of the Revised Code, the department of education shall    6,725        

determine for each city, local, and exempted village school        6,727        

district whether the district's charge-off amount is greater than  6,728        

the district's total receipts available for current expenses, and  6,729        

                                                          151    


                                                                 
if it is, shall pay the district the amount of the difference.  A  6,730        

payment shall not be made to any school district for which the     6,731        

computation under division (A) of section 3317.022 of the Revised  6,732        

Code equals zero.                                                  6,733        

      (C)(1)  If a district's charge-off amount is equal to or     6,735        

greater than its total receipts available for current expenses,    6,736        

the department shall, in addition to the payment required under    6,737        

division (B) of this section, pay the district the amount of the   6,738        

local share of special education expenses AND RELATED SERVICES     6,739        

ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF     6,740        

VOCATIONAL EDUCATION AND ASSOCIATED SERVICES ADDITIONAL WEIGHTED   6,741        

COSTS.                                                                          

      (2)  If a district's charge-off amount is less than its      6,743        

total receipts available for current expenses, the department      6,744        

shall pay the district any amount by which THE SUM OF its local    6,747        

share of special education and related services additional         6,748        

weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION AND    6,749        

ASSOCIATED SERVICES ADDITIONAL WEIGHTED COSTS exceeds its total    6,751        

receipts available for current expenses minus its charge-off                    

amount.                                                                         

      Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1),     6,761        

and (C) of this section, any student enrolled in kindergarten      6,762        

more than half time shall be reported as one-half student under    6,763        

this section.                                                                   

      (A)  The superintendent of each city and exempted village    6,766        

school district and of each educational service center shall, for  6,767        

the schools under the superintendent's supervision, certify to     6,768        

the state board of education on or before the fifteenth day of     6,769        

October in each year for the first full school week in October     6,770        

the formula ADM, which shall consist of the average daily          6,771        

membership during such week of the sum of the following:           6,772        

      (1)  On an FTE basis, the number of students in grades       6,775        

kindergarten through twelve receiving any educational services     6,776        

from the district, except that the following categories of         6,777        

                                                          152    


                                                                 
students shall not be included in the determination:               6,778        

      (a)  Students enrolled in adult education classes;           6,780        

      (b)  Adjacent or other district students enrolled in the     6,782        

district under an open enrollment policy pursuant to section       6,783        

3313.98 of the Revised Code;                                       6,784        

      (c)  Students receiving services in the district pursuant    6,786        

to a compact, cooperative education agreement, or a contract, but  6,787        

who are entitled to attend school in another district pursuant to  6,788        

section 3313.64 or 3313.65 of the Revised Code;                    6,789        

      (d)  Students for whom tuition is payable pursuant to        6,792        

sections 3317.081 and 3323.141 of the Revised Code.                6,793        

      (2)  On an FTE basis, the number of students entitled to     6,796        

attend school in the district pursuant to section 3313.64 or       6,797        

3313.65 of the Revised Code, but receiving educational services    6,799        

in grades kindergarten through twelve from one or more of the                   

following entities:                                                6,800        

      (a)  A community school pursuant to Chapter 3314. of the     6,803        

Revised Code or Section 50.52 of Amended Substitute House Bill     6,804        

No. 215 of the 122nd general assembly, INCLUDING ANY               6,805        

PARTICIPATION IN A COLLEGE PURSUANT TO CHAPTER 3365. OF THE        6,806        

REVISED CODE WHILE ENROLLED IN SUCH COMMUNITY SCHOOL;                           

      (b)  An alternative school pursuant to sections 3313.974 to  6,808        

3313.979 of the Revised Code as described in division (I)(2)(a)    6,810        

or (b) of this section;                                                         

      (c)  A college pursuant to Chapter 3365. of the Revised      6,812        

Code, EXCEPT WHEN THE STUDENT IS ENROLLED IN THE COLLEGE WHILE     6,813        

ALSO ENROLLED IN A COMMUNITY SCHOOL PURSUANT TO CHAPTER 3314. OF   6,814        

THE REVISED CODE;                                                               

      (d)  An adjacent or other school district under an open      6,817        

enrollment policy adopted pursuant to section 3313.98 of the       6,818        

Revised Code;                                                      6,819        

      (e)  An educational service center or cooperative education  6,822        

district;                                                                       

      (f)  Another school district under a cooperative education   6,825        

                                                          153    


                                                                 
agreement, compact, or contract.                                                

      (3)  One-fourth of the number of students enrolled in a      6,827        

joint vocational school district or under a vocational education   6,828        

compact;                                                                        

      (4)  The number of handicapped children, other than          6,830        

handicapped preschool children, entitled to attend school in the   6,831        

district pursuant to section 3313.64 or 3313.65 of the Revised     6,833        

Code who are placed with a county MR/DD board, minus the number    6,836        

of such children placed with a county MR/DD board in fiscal year   6,837        

1998.  If this calculation produces a negative number, the number  6,839        

reported under division (A)(4) of this section shall be zero.      6,841        

      (B)  To enable the department of education to obtain the     6,844        

data needed to complete the calculation of payments pursuant to    6,845        

this chapter, in addition to the formula ADM, each superintendent  6,847        

shall report separately the following student counts:              6,848        

      (1)  The total average daily membership in regular day       6,850        

classes included in the report under division (A)(1) or (2) of     6,851        

this section for kindergarten, and each of grades one through      6,852        

twelve in schools under the superintendent's supervision;          6,854        

      (2)  The average daily membership NUMBER  of all             6,856        

handicapped preschool children included ENROLLED AS OF THE FIRST   6,858        

DAY OF DECEMBER in a unit approved for CLASSES IN the district     6,860        

THAT ARE ELIGIBLE FOR APPROVAL BY THE STATE BOARD OF EDUCATION                  

under DIVISION (B) OF section 3317.05 of the Revised Code AND THE  6,862        

NUMBER OF THOSE CLASSES, WHICH SHALL BE REPORTED NOT LATER THAN                 

THE FIFTEENTH DAY OF DECEMBER, in accordance with rules adopted    6,863        

under that section;                                                6,864        

      (3)  The number of children entitled to attend school in     6,866        

the district pursuant to section 3313.64 or 3313.65 of the         6,867        

Revised Code who are participating in a pilot project scholarship  6,869        

program established under sections 3313.974 to 3313.979 of the     6,870        

Revised Code as described in division (I)(2)(a) or (b) of this     6,872        

section, are enrolled in a college under Chapter 3365. of the      6,873        

Revised Code, EXCEPT WHEN THE STUDENT IS ENROLLED IN THE COLLEGE   6,874        

                                                          154    


                                                                 
WHILE ALSO ENROLLED IN A COMMUNITY SCHOOL PURSUANT TO CHAPTER      6,875        

3314. OF THE REVISED CODE, are enrolled in an adjacent or other    6,876        

school district under section 3313.98 of the Revised Code, are     6,878        

enrolled in a community school established under Chapter 3314. of  6,880        

the Revised Code or Section 50.52 of Amended Substitute House      6,881        

Bill No. 215 of the 122nd general assembly, INCLUDING ANY          6,882        

PARTICIPATION IN A COLLEGE PURSUANT TO CHAPTER 3365. OF THE        6,883        

REVISED CODE WHILE ENROLLED IN SUCH COMMUNITY SCHOOL, or are       6,884        

participating in a program operated by a county MR/DD board or a   6,885        

state institution;                                                 6,886        

      (4)  The number of pupils enrolled in joint vocational       6,888        

schools;                                                           6,889        

      (5)  The average daily membership of handicapped children    6,892        

reported under division (A)(1) or (2) of this section receiving    6,893        

category one special education services, described in division     6,894        

(A) of section 3317.013 of the Revised Code;                       6,895        

      (6)  The average daily membership of handicapped children    6,897        

reported under division (A)(1) or (2) of this section receiving    6,898        

category two special education services, described in division     6,899        

(B) of section 3317.013 of the Revised Code;                       6,900        

      (7)  The average daily membership of handicapped children    6,902        

reported under division (A)(1) or (2) of this section identified   6,904        

as having any of the handicaps specified in division (F)(3) of     6,905        

section 3317.02 of the Revised Code;                                            

      (8)  The average daily membership of pupils reported under   6,907        

division (A)(1) or (2) of this section enrolled in CATEGORY ONE    6,908        

vocational education programs or classes, DESCRIBED IN DIVISION    6,910        

(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the                    

school district or by another district, other than a joint         6,911        

vocational school district, or by an educational service center;   6,912        

      (9)  THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER   6,914        

DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO    6,915        

VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION   6,916        

(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE       6,917        

                                                          155    


                                                                 
SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT     6,918        

VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER;   6,919        

      (10)  The average number of children transported by the      6,922        

school district on board-owned or contractor-owned and -operated   6,923        

buses, reported in accordance with rules adopted by the            6,925        

department of education;                                                        

      (10)(11)(a)  The number of children, other than handicapped  6,928        

preschool children, the district placed with a county MR/DD board  6,929        

in fiscal year 1998;                                               6,930        

      (b)  The number of handicapped children, other than          6,932        

handicapped preschool children, placed with a county MR/DD board   6,934        

in the current fiscal year to receive category one special         6,935        

education services, described in division (A) of section 3317.013  6,937        

of the Revised Code;                                               6,938        

      (c)  The number of handicapped children, other than          6,940        

handicapped preschool children, placed with a county MR/DD board   6,942        

in the current fiscal year to receive category two special         6,943        

education services, described in division (B) of section 3317.013  6,945        

of the Revised Code;                                               6,946        

      (d)  The number of handicapped children, other than          6,948        

handicapped preschool children, placed with a county MR/DD board   6,950        

in the current fiscal year to receive category three special       6,951        

education services, described in division (F)(3) of section        6,953        

3317.02 of the Revised Code.                                       6,955        

      (C)  Except as otherwise provided in this section for        6,957        

kindergarten students, the average daily membership in divisions   6,958        

(B)(1) to (8)(9) of this section shall be based upon the number    6,960        

of full-time equivalent students.  The state board of education    6,961        

shall adopt rules defining full-time equivalent students and for   6,962        

determining the average daily membership therefrom for the         6,964        

purposes of divisions (A) and, (B), AND (D) of this section.  No   6,965        

child shall be counted as more than a total of one child in the    6,966        

sum of the average daily memberships of a school district under    6,968        

division (A) or under, divisions (B)(1) to (8)(9), OR DIVISION     6,969        

                                                          156    


                                                                 
(D) of this section.  Based on the information reported under      6,971        

this section, the department of education shall determine the                   

total student count, as defined in section 3301.011 of the         6,972        

Revised Code, for each school district.                            6,973        

      (D)(1)  The superintendent of each joint vocational and      6,975        

cooperative education school district shall certify to the         6,977        

superintendent of public instruction, in a manner prescribed by                 

the state board of education, the applicable ON OR BEFORE THE      6,978        

FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL    6,979        

WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE        6,981        

average daily memberships for all students in the joint            6,982        

vocational or cooperative education school district, MEMBERSHIP    6,984        

DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS       6,986        

RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT  6,987        

THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE  6,988        

DETERMINATION:                                                                  

      (a)  STUDENTS ENROLLED IN ADULT EDUCATION CLASSES;           6,990        

      (b)  ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS    6,992        

ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT  6,994        

TO SECTION 3313.98 OF THE REVISED CODE;                            6,995        

      (c)  STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT    6,997        

TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT  6,998        

WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED    7,000        

VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE         7,001        

TERRITORY OF THE JOINT VOCATIONAL DISTRICT;                                     

      (d)  STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO        7,003        

SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE.                7,004        

      (2)  TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE     7,006        

DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO    7,007        

THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT  7,008        

SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN   7,009        

THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE   7,010        

FOLLOWING CATEGORIES OF STUDENTS:                                  7,011        

      (a)  STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT   7,013        

                                                          157    


                                                                 
VOCATIONAL DISTRICT SCHOOLS;                                       7,014        

      (b)  HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL     7,016        

EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013  7,018        

OF THE REVISED CODE;                                                            

      (c)  HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL     7,020        

EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013  7,022        

OF THE REVISED CODE;                                                            

      (d)  HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE    7,024        

HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE   7,026        

REVISED CODE;                                                                   

      (e)  STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION    7,028        

SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE     7,029        

REVISED CODE;                                                                   

      (f)  STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION    7,031        

SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE     7,032        

REVISED CODE.                                                                   

      THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT  7,034        

SHALL also indicating INDICATE the city, local, or exempted        7,036        

village school district of residence for IN WHICH each JOINT       7,037        

VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT    7,038        

TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.                              

      (E)  In each school of each city, local, exempted village,   7,040        

joint vocational, and cooperative education school district there  7,041        

shall be maintained a record of school membership, which record    7,042        

shall accurately show, for each day the school is in session, the  7,043        

actual membership enrolled in regular day classes.  For the        7,044        

purpose of determining average daily membership, the membership    7,045        

figure of any school shall not include any pupils except those     7,046        

pupils described by division (A) of this section.  The record of   7,048        

membership for each school shall be maintained in such manner      7,049        

that no pupil shall be counted as in membership prior to the       7,050        

actual date of entry in the school and also in such manner that    7,051        

where for any cause a pupil permanently withdraws from the school  7,052        

that pupil shall not be counted as in membership from and after    7,054        

                                                          158    


                                                                 
the date of such withdrawal.  There shall not be included in the   7,055        

membership of any school any of the following:                                  

      (1)  Any pupil who has graduated from the twelfth grade of   7,058        

a public high school;                                                           

      (2)  Any pupil who is not a resident of the state;           7,060        

      (3)  Any pupil who was enrolled in the schools of the        7,063        

district during the previous school year when tests were                        

administered under section 3301.0711 of the Revised Code but did   7,064        

not take one or more of the tests required by that section and     7,065        

was not excused pursuant to division (C)(1) of that section;       7,066        

      (4)  Any pupil who has attained the age of twenty-two        7,068        

years, except for the following:                                   7,069        

      (a)  Persons suffering from tuberculosis and receiving       7,071        

treatment in any approved state, county, district, or municipal    7,072        

tuberculosis hospital who have not graduated from the twelfth      7,073        

grade of a public high school;                                     7,074        

      (b)  Veterans of the armed services whose attendance was     7,076        

interrupted before completing the recognized twelve-year course    7,077        

of the public schools by reason of induction or enlistment in the  7,078        

armed forces and who apply for reenrollment in the public school   7,079        

system of their residence not later than four years after          7,080        

termination of war or their honorable discharge.                   7,081        

      If, however, any veteran described by division (E)(4)(b) of  7,084        

this section elects to enroll in special courses organized for     7,085        

veterans for whom tuition is paid under the provisions of federal  7,086        

laws, or otherwise, that veteran shall not be included in average  7,088        

daily membership.                                                               

      Notwithstanding division (E)(3) of this section, the         7,090        

membership of any school may include a pupil who did not take a    7,091        

test required by section 3301.0711 of the Revised Code if the      7,092        

superintendent of public instruction grants a waiver from the      7,093        

requirement to take the test to the specific pupil.  The           7,094        

superintendent may grant such a waiver only for good cause in      7,095        

accordance with rules adopted by the state board of education.     7,096        

                                                          159    


                                                                 
      The EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION,   7,098        

THE average daily membership figure of any local, city, or         7,099        

exempted village, OR JOINT VOCATIONAL school district shall be     7,100        

determined by dividing the figure representing the sum of the      7,102        

number of pupils enrolled during each day the school of            7,103        

attendance is actually open for instruction during the first full  7,104        

school week in October by the total number of days the school was  7,105        

actually open for instruction during that week.  For purposes of   7,106        

state funding, "enrolled" persons are only those pupils who are    7,107        

attending school, those who have attended school during the        7,108        

current school year and are absent for authorized reasons, and     7,109        

those handicapped children currently receiving home instruction.   7,110        

      The average daily membership figure of any joint vocational  7,112        

or cooperative education school district shall be determined in    7,113        

accordance with rules adopted by the state board of education.     7,114        

      (F)(1)  If the formula ADM for the first full school week    7,117        

in February is at least three per cent greater than that           7,118        

certified for the first full school week in the preceding          7,119        

October, the superintendent of schools of any city or, exempted    7,120        

village, OR JOINT VOCATIONAL school district or educational        7,122        

service center shall certify such increase to the superintendent   7,123        

of public instruction.  Such certification shall be submitted no   7,124        

later than the fifteenth day of February.  For the balance of the  7,125        

fiscal year, beginning with the February payments, the             7,126        

superintendent of public instruction shall use the increased       7,127        

formula ADM in calculating or recalculating the amounts to be      7,128        

allocated in accordance with section 3317.022 OR 3317.16 of the    7,130        

Revised Code.  In no event shall the superintendent use an         7,131        

increased membership certified to the superintendent after the     7,132        

fifteenth day of February.                                         7,133        

      (2)  If during ON the first full school week in February     7,136        

DAY OF APRIL the total number of CLASSES OR units for handicapped  7,137        

preschool children that are eligible for approval under division   7,139        

(B) of section 3317.05 of the Revised Code exceeds the number of   7,140        

                                                          160    


                                                                 
such units that have been approved for the year under such THAT    7,141        

division, the superintendent of schools of any city, exempted      7,143        

village, or cooperative education school district or educational   7,144        

service center shall make the certifications required by this      7,145        

section for such week THAT DAY.  If the state board of education   7,146        

determines additional units can be approved for the fiscal year    7,148        

within any limitations set forth in the acts appropriating moneys  7,149        

for the funding of such units, the board shall approve additional  7,150        

units for the fiscal year on the basis of such average daily       7,151        

membership.  For each unit so approved, the department of          7,152        

education shall pay an amount computed in the manner prescribed    7,153        

in section 3317.161 or 3317.19 and section 3317.162 of the         7,154        

Revised Code.                                                                   

      (3)  If during the first full school week in February the    7,156        

total number of special education units that are eligible for      7,157        

approval under division (D)(1) of section 3317.05 of the Revised   7,158        

Code for a joint vocational school district exceeds the number of  7,159        

those units that have been approved for the year under that        7,160        

division, the superintendent of the district shall make the                     

certifications required by this section for that week.  If the     7,161        

state board of education determines additional units can be        7,162        

approved for the fiscal year within any limitations set forth in   7,163        

the acts appropriating moneys for the funding of such units, the   7,164        

state board shall approve additional units for the fiscal year on  7,165        

the basis of the average daily membership certified.  For each                  

unit approved, the department of education shall pay an amount     7,166        

computed in the manner prescribed by section 3317.16 of the        7,167        

Revised Code.                                                                   

      (G)(1)(a)  The superintendent of an institution operating a  7,169        

special education program pursuant to section 3323.091 of the      7,170        

Revised Code shall, for the programs under such superintendent's   7,172        

supervision, certify to the state board of education the average   7,173        

daily membership of all handicapped children in classes or         7,174        

programs approved annually by the state board of education, in     7,175        

                                                          161    


                                                                 
the manner prescribed by the superintendent of public              7,176        

instruction.                                                                    

      (b)  The superintendent of an institution with vocational    7,179        

education units approved under division (A) of section 3317.05 of  7,180        

the Revised Code shall, for the units under the superintendent's   7,182        

supervision, certify to the state board of education the average   7,183        

daily membership in those units, in the manner prescribed by the   7,184        

superintendent of public instruction.                              7,185        

      (2)  The superintendent of each county MR/DD board that      7,187        

maintains special education classes or units approved by the       7,188        

state board of education pursuant to section 3317.05 of the        7,190        

Revised Code shall do both of the following:                       7,191        

      (a)  Certify to the state board, in the manner prescribed    7,194        

by the board, the average daily membership in classes and units    7,195        

approved under division (D)(1) of section 3317.05 of the Revised   7,196        

Code for each school district that has placed children in the      7,197        

classes or units;                                                               

      (b)  Certify to the state board, in the manner prescribed    7,199        

by the board, the average daily membership NUMBER OF ALL           7,201        

HANDICAPPED PRESCHOOL CHILDREN ENROLLED AS OF THE FIRST DAY OF     7,202        

DECEMBER in preschool handicapped units approved CLASSES ELIGIBLE  7,203        

FOR APPROVAL under division (B) of section 3317.05 of the Revised  7,204        

Code, AND THE NUMBER OF THOSE CLASSES.                             7,205        

      (3)(a)  If during the first full school week in February     7,207        

the average daily membership of the classes or units maintained    7,208        

by the county MR/DD board that are eligible for approval under     7,209        

division (D)(1) of section 3317.05 of the Revised Code is greater  7,211        

than the average daily membership for the preceding October, the   7,212        

superintendent of the board shall make the certifications          7,213        

required by this section for such week and, if during.             7,215        

      (b)  IF ON the first full school week in February DAY OF     7,219        

APRIL the average daily membership NUMBER of the CLASSES OR units  7,220        

maintained FOR HANDICAPPED PRESCHOOL CHILDREN by the county MR/DD  7,221        

board that are eligible for approval under division (B) of         7,222        

                                                          162    


                                                                 
section 3317.05 of the Revised Code is greater than the average    7,223        

daily membership for the preceding October NUMBER OF UNITS         7,224        

APPROVED FOR THE YEAR UNDER THAT DIVISION, the superintendent      7,225        

shall certify the average daily membership for the first full      7,226        

school week in February for such units to the state board of       7,227        

education MAKE THE CERTIFICATION REQUIRED BY THIS SECTION FOR      7,228        

THAT DAY.  If                                                                   

      (C)  IF the state board determines that additional classes   7,230        

or units can be approved for the fiscal year within any            7,232        

limitations set forth in the acts appropriating moneys for the     7,233        

funding of such THE classes and units DESCRIBED IN DIVISION        7,234        

(G)(3)(a) OR (b) OF THIS SECTION, the board shall approve and      7,235        

fund additional units for the fiscal year on the basis of such     7,237        

average daily membership.  For each unit so approved, the          7,238        

department of education shall pay an amount computed in the        7,239        

manner prescribed in sections 3317.161 and 3317.162 of the         7,240        

Revised Code.                                                                   

      (H)  Except as provided in division (I) of this section,     7,243        

when any city, local, or exempted village school district          7,244        

provides instruction for a nonresident pupil whose attendance is   7,245        

unauthorized attendance as defined in section 3327.06 of the       7,246        

Revised Code, that pupil's membership shall not be included in     7,247        

that district's membership figure used in the calculation of that  7,248        

district's formula ADM or included in the determination of any     7,249        

unit approved for the district under section 3317.05 of the        7,250        

Revised Code.  The reporting official shall report separately the  7,251        

average daily membership of all pupils whose attendance in the     7,252        

district is unauthorized attendance, and the membership of each    7,253        

such pupil shall be credited to the school district in which the   7,254        

pupil is entitled to attend school under division (B) of section   7,255        

3313.64 or section 3313.65 of the Revised Code as determined by    7,256        

the department of education.                                       7,257        

      (I)(1)  A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT            7,259        

VOCATIONAL school district admitting a scholarship student of a    7,262        

                                                          163    


                                                                 
pilot project district pursuant to division (C) of section                      

3313.976 of the Revised Code may count such student in its         7,263        

average daily membership.                                                       

      (2)  In any year for which funds are appropriated for pilot  7,265        

project scholarship programs, a school district implementing a     7,266        

state-sponsored pilot project scholarship program that year        7,267        

pursuant to sections 3313.974 through 3313.979 of the Revised      7,269        

Code may count in average daily membership:                                     

      (a)  All children residing in the district and utilizing a   7,271        

scholarship to attend kindergarten in any alternative school, as   7,272        

defined in division (A)(9) of section 3313.974 of the Revised      7,273        

Code;                                                                           

      (b)  All children who were enrolled in the district in the   7,275        

preceding year who are utilizing a scholarship to attend any such  7,276        

alternative school.                                                7,277        

      (J)  THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION        7,279        

SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC      7,280        

INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF          7,281        

EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL        7,282        

STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING    7,283        

THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS               

ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE  7,284        

REVISED CODE.                                                                   

      Sec. 3317.033.  In accordance with rules which the state     7,293        

board of education shall adopt, each joint vocational school       7,295        

district shall do both of the following:                                        

      (A)  Maintain a record of district membership of any         7,298        

persons who are not eligible to be included in the average daily   7,299        

membership determined under division (D) of section 3317.03 of     7,301        

the Revised Code and who are participating in a program funded     7,303        

with a secondary vocational education job-training unit approved   7,304        

under division (A) of section 3317.05 of the Revised Code;                      

      (B)  Annually certify to the state board of education the    7,306        

number of persons for whom a record is maintained under division   7,307        

                                                          164    


                                                                 
(A) of this section.  These numbers shall be reported for each     7,308        

unit and on a full-time equivalent basis.                          7,309        

      Sec. 3317.05.  (A)  For the purpose of calculating payments  7,319        

under sections 3317.16, 3317.161, and 3317.162 of the Revised      7,321        

Code, the state board of education shall determine for each joint  7,322        

vocational school district and institution, by the last day of     7,323        

January of each year and based on information certified under      7,324        

section 3317.03 of the Revised Code, the number of vocational      7,326        

education units or fractions of units approved by the state board  7,327        

on the basis of standards and rules adopted by the state board.    7,328        

As used in this division, "institution" means an institution       7,329        

operated by a department specified in section 3323.091 of the      7,330        

Revised Code and that provides vocational education programs       7,331        

under the supervision of the division of vocational education of   7,332        

the department of education that meet the standards and rules for  7,333        

these programs, including licensure of professional staff          7,334        

involved in the programs, as established by the state board of     7,335        

education.                                                                      

      (B)  For the purpose of calculating payments under sections  7,338        

3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the  7,339        

state board shall determine, based on information certified under  7,341        

section 3317.03 of the Revised Code, the following by the last     7,342        

day of January of each year for each educational service center,   7,344        

for each school district, including each cooperative education     7,345        

school district, for each institution eligible for payment under   7,346        

section 3323.091 of the Revised Code, and for each county MR/DD    7,347        

board:  the number of classes operated by the school district,     7,348        

service center, institution, or county MR/DD board for             7,349        

handicapped preschool children, or fraction thereof, including in  7,351        

the case of a district or service center that is a funding agent,  7,352        

classes taught by a licensed teacher employed by that district or  7,353        

service center under section 3313.841 of the Revised Code,         7,354        

approved annually by the state board on the basis of standards     7,355        

and rules adopted by the state board.                              7,356        

                                                          165    


                                                                 
      (C)  For the purpose of calculating payments under sections  7,358        

3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the  7,361        

state board shall determine, based on information certified under  7,362        

section 3317.03 of the Revised Code, the following by the last     7,363        

day of January of each year for each school district, including    7,365        

each cooperative education school district, for each institution   7,366        

eligible for payment under section 3323.091 of the Revised Code,   7,367        

and for each county MR/DD board:  the number of preschool          7,369        

handicapped related services units for child study, occupational,  7,370        

physical, or speech and hearing therapy, special education         7,371        

supervisors, and special education coordinators approved annually  7,372        

by the state board on the basis of standards and rules adopted by  7,373        

the state board.                                                                

      (D)  For the purpose of calculating payments under sections  7,376        

3317.16, 3317.161, and 3317.162 of the Revised Code, the state     7,378        

board shall determine, based on information certified under        7,379        

section 3317.03 of the Revised Code, the following by the last     7,380        

day of January of each year for each joint vocational school       7,381        

district, for each institution eligible for payment under section  7,382        

3323.091 of the Revised Code, and for each county MR/DD board:     7,383        

      (1)  The number of classes operated by a joint vocational    7,385        

school district, AN institution, or county MR/DD board for         7,387        

handicapped children other than handicapped preschool children,    7,388        

or fraction thereof, approved annually by the state board on the   7,390        

basis of standards and rules adopted by the state board;                        

      (2)  The number of related services units for children       7,392        

other than handicapped preschool children for child study,         7,393        

occupational, physical, or speech and hearing therapy, special     7,394        

education supervisors, and special education coordinators          7,395        

approved annually by the state board on the basis of standards     7,397        

and rules adopted by the state board.                                           

      (E)  All of the arithmetical calculations made under this    7,399        

section shall be carried to the second decimal place.  The total   7,400        

number of units for school districts, service centers, and         7,402        

                                                          166    


                                                                 
institutions approved annually by the state board under this       7,403        

section shall not exceed the number of units included in the       7,404        

state board's estimate of cost for these units and appropriations  7,406        

made for them by the general assembly.                             7,407        

      In the case of units described in division (D)(1) of this    7,410        

section operated by county MR/DD boards and institutions eligible  7,412        

for payment under section 3323.091 of the Revised Code, the state  7,413        

board shall approve only units for persons who are under age       7,414        

twenty-two on the first day of the academic year, but not less     7,415        

than six years of age on the thirtieth day of September of that    7,416        

year, except that such a unit may include one or more children     7,417        

who are under six years of age on the thirtieth day of September   7,418        

if such children have been admitted to the unit pursuant to rules  7,419        

of the state board.  In the case of handicapped preschool units    7,420        

described in division (B) of this section operated by county       7,422        

MR/DD boards and institutions eligible for payment under section   7,423        

3323.091 of the Revised Code, the state board shall approve only   7,424        

preschool units for children who are under age six but not less    7,425        

than age three on the thirtieth day of September of the academic   7,426        

year, except that such a unit may include one or more children     7,427        

who are under age three or are age six or over on the thirtieth    7,428        

day of September if such children have been admitted to the unit   7,429        

pursuant to rules of the state board of education.  The number of  7,430        

units for county MR/DD boards and institutions eligible for        7,432        

payment under section 3323.091 of the Revised Code approved by     7,433        

the state board under this section shall not exceed the number                  

that can be funded with appropriations made for such purposes by   7,434        

the general assembly.                                              7,435        

      No unit shall be approved under divisions (B) to (D) of      7,438        

this section unless a plan has been submitted and approved under   7,439        

Chapter 3323. of the Revised Code.                                              

      (F)  For fiscal year 1999 only, the THE department shall     7,441        

approve units or fractions thereof for gifted children on the      7,442        

basis of standards and rules adopted by the board.                 7,443        

                                                          167    


                                                                 
      Sec. 3317.051.  (A)(1)  Notwithstanding sections 3317.05     7,452        

and 3317.11 of the Revised Code, a unit funded pursuant to         7,453        

division (P)(1) of section 3317.024 or division (A)(2) of section  7,455        

3317.161 of the Revised Code shall not be approved for state       7,456        

funding in one school district, including any joint vocational or  7,457        

cooperative education school district or any educational service   7,458        

center, to the extent that such unit provides programs in or       7,459        

services to another district which receives payment pursuant to    7,460        

section 3317.04 of the Revised Code.                               7,461        

      (2)  Any city, local, exempted village, or cooperative       7,464        

education school district or any educational service center may    7,465        

combine partial unit eligibility for handicapped preschool         7,466        

programs pursuant to section 3317.05 of the Revised Code, and      7,467        

such combined partial units may be approved for state funding in   7,469        

one school district or service center.                             7,470        

      (B)  After units have been initially approved for any        7,472        

fiscal year under section 3317.05 of the Revised Code, no unit     7,474        

shall be subsequently transferred from a school district or        7,476        

educational service center to another city, exempted village,      7,477        

local, joint vocational, or cooperative education school district  7,478        

or educational service center or to an institution or county       7,481        

MR/DD board solely for the purpose of reducing the financial                    

obligations of the school district in a fiscal year it receives    7,482        

payment pursuant to section 3317.04 of the Revised Code.           7,483        

      Sec. 3317.11.  (A)  Annually, on or before a date            7,492        

designated by the state board of education, each educational       7,493        

service center governing board shall prepare a budget of           7,495        

operating expenses for the ensuing year for the service center on  7,496        

forms prepared and furnished by the state board of education and   7,497        

shall certify the budget to the state board of education,          7,498        

together with such other information as the board may require.     7,499        

Such budget shall consist of two parts.  Part (A) shall include    7,500        

the cost of the salaries, employers retirement contributions, and  7,501        

travel expenses of supervisory teachers approved by the state      7,502        

                                                          168    


                                                                 
board of education.  The amount derived from the calculation for   7,503        

such units in part (A) of the governing board budget shall be the  7,504        

sum of:                                                                         

      (1)  The sum of the minimum salaries calculated, pursuant    7,506        

to section 3317.13 of the Revised Code, for each approved          7,507        

licensed employee of the governing board;                          7,508        

      (2)  An additional salary allowance proportional to the      7,510        

length of the extended term of service not to exceed three months  7,511        

for each supervisory and child study teacher whose term of         7,512        

service in any year is extended beyond the terms of service of     7,513        

regular classroom teachers;                                        7,514        

      (3)  An allowance equal to fifteen per cent of the amount    7,516        

computed under division (A)(1) of this section;                    7,517        

      (4)  An allowance for necessary travel expenses, for each    7,519        

of the personnel approved in part (A) of the budget, limited to    7,520        

two hundred twenty-three dollars and sixteen cents per month, or   7,521        

two thousand six hundred seventy-eight dollars per year per        7,522        

person employed, whichever is the lesser.                          7,523        

      Part (B) shall include the cost of all other lawful          7,526        

expenditures of the governing board.  The state board of           7,527        

education shall review such budget and may approve, increase, or                

decrease such budget.                                              7,528        

      The governing board shall be reimbursed by the state board   7,531        

of education from state funds for the cost of part (A) of the      7,532        

budget.  The governing board shall be reimbursed by the state                   

board of education, from state funds for the cost of part (B) of   7,534        

the approved budget that is in excess of six dollars and fifty     7,535        

cents times the service center ADM.  If the governing board        7,536        

provides services to city or exempted village school districts     7,537        

pursuant to section 3313.843 of the Revised Code, the governing    7,538        

board shall be reimbursed from state funds for the cost of part    7,539        

(B) of the budget that is in excess of six dollars and fifty       7,540        

cents times the sum of the service center ADM and the client ADMs  7,542        

of the city or exempted village districts to which such services   7,543        

                                                          169    


                                                                 
are provided.  The cost of part (B) not in excess of six dollars   7,544        

and fifty cents times the number of such ADM shall be apportioned  7,545        

by the state board of education among the local school districts   7,546        

in the territory of the service center, or among all districts to  7,547        

which the governing board provides services, on the basis of the   7,549        

total number of pupils in each school district.                    7,550        

      If part (B) of the budget is in excess of that approved by   7,552        

the state board of education, the excess cost shall be             7,553        

apportioned by the state board of education among the local        7,554        

school districts in the territory of the service center on the     7,556        

basis of the total number of such pupils in each such school       7,557        

district, provided that a majority of the boards of education of   7,558        

such local school districts approve such apportionment.  The       7,559        

state board of education shall initiate and supervise the          7,560        

procedure by which the local boards shall approve or disapprove    7,561        

such apportionment.                                                             

      The amounts so apportioned shall be certified to the         7,563        

treasurers of the various school districts.  In the case of each   7,564        

district such amount shall be deducted by the state board of       7,565        

education from funds allocated to the district pursuant to         7,566        

division (E) of section 3317.023 of the Revised Code.              7,567        

      The state board of education shall certify to the director   7,569        

of budget and management for payment the total of the deductions,  7,570        

whereupon the amount shall be paid to the governing board of each  7,572        

service center, to be deposited to the credit of a separate fund,  7,574        

hereby created, to be known as the educational service center      7,575        

governing board fund.                                                           

      An educational service center may provide special education  7,578        

to students in its local districts or in client districts.  A      7,579        

service center is eligible for funding under division (J) of       7,581        

section 3317.024 of the Revised Code and eligible for state        7,582        

subsidies for the purchase of school buses under section 3317.07   7,583        

of the Revised Code.  Special education units for gifted children  7,585        

may be operated by a governing board.  Vocational education may                 

                                                          170    


                                                                 
be provided by a governing board.  A governing board may conduct   7,587        

driver education for pupils enrolled in a high school for which    7,588        

the state board of education prescribes minimum standards and      7,589        

which is eligible for funding under division (I) of section        7,590        

3317.024 of the Revised Code.                                                   

      Every local school district shall be provided supervisory    7,592        

services by its governing board as approved by the state board of  7,594        

education.  A city or exempted village school district shall be    7,595        

considered to be provided supervisory services by a governing      7,596        

board if it has entered into an agreement for the governing board  7,597        

to provide any services under section 3313.843 of the Revised      7,598        

Code.  Supervisory services shall not exceed one supervisory       7,600        

teacher for the first fifty classroom teachers employed in all     7,601        

districts that are provided supervisory services calculated under  7,602        

section 3317.023 of the Revised Code and one supervisory teacher   7,603        

for every additional one hundred such classroom teachers so        7,604        

calculated.  Reimbursement for such supervisory services shall be  7,605        

a deduction by the state board of education from the payment to    7,606        

the school district pursuant to division (E) of section 3317.023   7,607        

of the Revised Code.  Deductions for all supervisory services and  7,608        

extended services for supervisory and child study shall be         7,609        

apportioned among local school districts within the territory of   7,610        

the service center and any city or exempted village districts      7,611        

that have entered into agreements with a service center pursuant   7,612        

to section 3313.843 of the Revised Code by the state board of      7,613        

education on the basis of the total number of pupils in each       7,614        

school district, except that where such services are provided to   7,615        

districts other than local school districts within the service     7,617        

center territory and city or exempted village districts having                  

agreements with the service center, such charges shall be          7,618        

apportioned among all participating districts on the basis of the  7,620        

total number of pupils in each school district.  All deductions    7,621        

from state funding to school districts required for reimbursement  7,622        

of governing boards by division (E) of section 3317.023 of the     7,623        

                                                          171    


                                                                 
Revised Code shall be made from the total of the payment computed  7,624        

for the district under this chapter, after making any other        7,628        

adjustments in that payment required by law.                                    

      (B)(1)  In addition to the payments made under division (A)  7,630        

of this section, except as otherwise provided in division (C) of   7,632        

this section, the department of education shall pay each           7,633        

governing board, each fiscal year, an THE amount equal to          7,634        

thirty-four dollars IN THE FOLLOWING SCHEDULE FOR THE SPECIFIED    7,635        

FISCAL YEAR, times the sum of the service center ADM and           7,637        

thirty-four dollars times the sum of the client ADMs of all its    7,638        

client districts:                                                               

      (a)  IN FISCAL YEAR 2000, THIRTY-SIX DOLLARS;                7,640        

      (b)  IN FISCAL YEAR 2001, THIRTY-SEVEN DOLLARS.              7,642        

      (2)  In addition to other payments under this section, the   7,644        

department shall pay each educational service center the amounts   7,645        

due to it from school districts pursuant to contracts, compacts,   7,646        

or agreements under which the service center furnishes services    7,647        

to the districts or their students.  In order to receive payment   7,648        

under this division, an educational service center shall furnish   7,649        

either a copy of the applicable contract, compact, or agreement    7,650        

clearly indicating the amounts of the payments, or a written       7,651        

statement of the payments owed signed by the superintendent or                  

treasurer of the responsible school district.                      7,652        

      The amounts paid to service centers under division (B)(2)    7,654        

of this section shall be deducted from payments to school          7,655        

districts pursuant to division (K)(2) of section 3317.023 of the   7,656        

Revised Code.                                                                   

      (C)  Beginning with the fiscal year that starts July 1,      7,658        

1997, in lieu of the payment specified under division (B) of this  7,660        

section, each EACH multicounty service center shall receive a      7,661        

payment each fiscal year equal to one per cent FORTY DOLLARS AND   7,663        

FIFTY-TWO CENTS times the formula amount times the sum of the      7,665        

service center ADM and the client ADMs of all its client           7,666        

districts.                                                                      

                                                          172    


                                                                 
      (D)  Each city, exempted village, local, joint vocational,   7,668        

or cooperative education school district shall pay to the          7,670        

governing board of an educational service center any amounts                    

agreed to for each child enrolled in the district who receives     7,671        

special education and related services or vocational education     7,672        

from the educational service center.                                            

      (E)  As used in this section:                                7,674        

      (1)  "Service center ADM" means the total of each of the     7,677        

following for all local school districts within the limits of an   7,678        

educational service center's territory:                                         

      (a)  The formula ADM;                                        7,680        

      (b)  The kindergarten average daily membership included in   7,683        

the formula ADM;                                                                

      (c)  Three-quarters of the number of students reported       7,685        

under division (B)(4) of section 3317.03 of the Revised Code;      7,686        

      (d)  The average daily membership of handicapped preschool   7,689        

children reported under division (B)(2) of section 3317.03 of the  7,690        

Revised Code;                                                                   

      (e)  The number of preschool students certified under        7,692        

division (B) of section 3317.032 of the Revised Code.              7,693        

      (2)  "Client ADM" means the total of each number described   7,696        

under divisions (E)(1)(a) to (e) of this section for a client      7,697        

district.                                                                       

      (3)  "Client district" means a city or exempted village      7,699        

school district that has entered into an agreement to receive      7,700        

services from a service center pursuant to section 3313.843 of     7,701        

the Revised Code.                                                               

      (4)  "Multicounty service center" means a service center     7,703        

that includes territory that formerly was included in the          7,704        

territory of at least three former service centers or county       7,705        

school districts, which former centers or districts engaged in     7,706        

one or more mergers pursuant to section 3311.053 of the Revised    7,707        

Code to form the present center.                                                

      Sec. 3317.16.  (A)  AS USED IN THIS SECTION:                 7,709        

                                                          173    


                                                                 
      (1)  "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE           7,711        

CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS:      7,712        

      (a)  CALCULATE THE STATE BASE COST FUNDING AMOUNT FOR THE    7,714        

DISTRICT UNDER DIVISION (B) OF THIS SECTION.  IF THE DISTRICT      7,716        

WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT   7,717        

DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO.           7,718        

      (b)  IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER   7,720        

THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO  7,722        

THE FOLLOWING:                                                                  

                 COST-OF-DOING-BUSINESS FACTOR X                   7,724        

                      THE FORMULA AMOUNT X                         7,725        

                  THE GREATER OF FORMULA ADM OR                    7,726        

                 THREE-YEAR AVERAGE FORMULA ADM                    7,727        

      THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE           7,729        

PERCENTAGE.                                                                     

      (2)  THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT        7,731        

VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER  7,732        

AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE        7,733        

REVISED CODE.                                                      7,734        

      (3)  THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT     7,736        

VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER  7,737        

AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE        7,739        

REVISED CODE.                                                                   

      (4)  THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT           7,741        

VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE       7,742        

ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL        7,743        

DISTRICTS FOR THE APPLICABLE FISCAL YEAR.                          7,744        

      (B)  THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND           7,746        

DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL        7,747        

SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE         7,748        

FOLLOWING FORMULA:                                                              

                (COST-OF-DOING-BUSINESS FACTOR X                   7,750        

             FORMULA AMOUNT X THE GREATER OF FORMULA               7,751        

            ADM OR THREE-YEAR AVERAGE FORMULA ADM) -               7,752        

                                                          174    


                                                                 
             (.0005 X ADJUSTED TOTAL TAXABLE VALUE)                7,753        

      IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A          7,755        

NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO.         7,756        

      (C)(1)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE    7,758        

VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH       7,759        

JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING  7,760        

FORMULA:                                                                        

            STATE SHARE PERCENTAGE X FORMULA AMOUNT X              7,762        

                TOTAL VOCATIONAL EDUCATION WEIGHT                  7,763        

      (2)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE TO EACH     7,765        

JOINT VOCATIONAL SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL        7,766        

EDUCATION ASSOCIATED SERVICES COSTS IN ACCORDANCE WITH THE         7,767        

FOLLOWING FORMULA:                                                 7,768        

                 STATE SHARE PERCENTAGE X .05 X                    7,770        

                 THE FORMULA AMOUNT X THE SUM OF                   7,771        

                CATEGORIES ONE AND TWO VOCATIONAL                  7,772        

                          EDUCATION ADM                            7,773        

      IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT       7,775        

RECEIVING FUNDS UNDER DIVISION (C)(2) OF THIS SECTION, OR THROUGH  7,776        

A TRANSFER OF FUNDS PURSUANT TO DIVISION (L) OF SECTION 3317.023   7,778        

OF THE REVISED CODE, SHALL SPEND THOSE FUNDS ONLY FOR THE          7,779        

PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR            7,780        

VOCATIONAL EDUCATION ASSOCIATED SERVICES EXPENSES, WHICH MAY       7,781        

INCLUDE SUCH PURPOSES AS APPRENTICESHIP COORDINATORS,                           

COORDINATORS FOR OTHER VOCATIONAL EDUCATION SERVICES, VOCATIONAL   7,782        

EVALUATION, AND OTHER PURPOSES DESIGNATED BY THE DEPARTMENT.  THE  7,783        

DEPARTMENT MAY DENY PAYMENT UNDER DIVISION (C)(2) OF THIS SECTION  7,784        

TO ANY DISTRICT THAT THE DEPARTMENT DETERMINES IS NOT OPERATING    7,785        

THOSE SERVICES OR IS USING FUNDS PAID UNDER DIVISION (C)(2) OF     7,786        

THIS SECTION, OR THROUGH A TRANSFER OF FUNDS PURSUANT TO DIVISION  7,787        

(L) OF SECTION 3317.023 OF THE REVISED CODE, FOR OTHER PURPOSES.   7,788        

      (D)(1)  THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE    7,790        

SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS   7,791        

FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH  7,792        

                                                          175    


                                                                 
THE FOLLOWING FORMULA:                                             7,793        

            STATE SHARE PERCENTAGE X FORMULA AMOUNT X              7,795        

                 TOTAL SPECIAL EDUCATION WEIGHT                    7,796        

      (2)(a)  AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE"  7,798        

MEANS TWENTY-FIVE THOUSAND DOLLARS IN FISCAL YEAR 2000 AND THIRTY  7,799        

THOUSAND DOLLARS IN FISCAL YEAR 2001.                              7,800        

      (b)  FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND    7,802        

FOR NO OTHER PURPOSE, THE DEPARTMENT SHALL PAY EACH JOINT          7,803        

VOCATIONAL SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE          7,805        

FOLLOWING FORMULA:                                                              

          (FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL            7,806        

               ALLOWANCE X STATE SHARE PERCENTAGE                  7,807        

      (E)  IF A JOINT VOCATIONAL SCHOOL DISTRICT'S COSTS FOR A     7,810        

FISCAL YEAR FOR A STUDENT IN ITS CATEGORY THREE SPECIAL EDUCATION  7,811        

ADM ARE TWENTY-FIVE THOUSAND DOLLARS OR MORE, THE DISTRICT MAY     7,812        

SUBMIT TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION DOCUMENTATION,  7,813        

AS PRESCRIBED BY THE SUPERINTENDENT, OF ALL OF ITS COSTS FOR THAT  7,814        

STUDENT.  UPON SUBMISSION OF DOCUMENTATION FOR A STUDENT OF THE    7,816        

TYPE AND IN THE MANNER PRESCRIBED, THE DEPARTMENT SHALL PAY TO     7,817        

THE DISTRICT AN AMOUNT EQUAL TO THE DISTRICT'S COSTS FOR THE       7,818        

STUDENT IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS MULTIPLIED BY    7,819        

THE DISTRICT'S STATE SHARE PERCENTAGE.                             7,820        

      THE DISTRICT SHALL ONLY REPORT, AND THE DEPARTMENT SHALL     7,822        

ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE RELATED    7,823        

SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE STUDENT'S  7,824        

INDIVIDUALIZED EDUCATION PROGRAM.  ANY LEGAL FEES, COURT COSTS,    7,825        

OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION RELATING TO     7,826        

THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT.                     7,827        

      (F)  EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT   7,829        

VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND       7,830        

VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS.                  7,832        

      (G)(1)  IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL        7,834        

DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL  7,835        

SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3) OF      7,837        

                                                          176    


                                                                 
SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE    7,838        

FOLLOWING:                                                                      

      (a)  THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED          7,840        

SERVICES IN THE PRECEDING FISCAL YEAR;                             7,841        

      (b)  1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA     7,845        

AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO    7,846        

SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< +   7,848        

THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D)(1)    7,849        

OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND         7,850        

RELATED SERVICES ADDITIONAL WEIGHTED COSTS .                       7,851        

      (2)  A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF     7,853        

SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS   7,854        

EQUALS:                                                                         

                 (1 - STATE SHARE PERCENTAGE) X                    7,856        

                TOTAL SPECIAL EDUCATION WEIGHT X                   7,857        

                       THE FORMULA AMOUNT                          7,858        

      (H)  IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE   7,860        

TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER DIVISIONS (B) TO (D)   7,861        

OF THIS SECTION AND DIVISION (R) OF SECTION 3317.024 OF THE        7,862        

REVISED CODE IS LESS THAN THE AMOUNT THAT DISTRICT RECEIVED IN     7,864        

FISCAL YEAR 1999 UNDER THE VERSION OF THIS SECTION IN EFFECT THAT  7,865        

YEAR, PLUS THE AMOUNT THAT DISTRICT RECEIVED UNDER THE VERSION OF               

SECTION 3317.162 OF THE REVISED CODE IN EFFECT THAT YEAR AND       7,866        

MINUS THE AMOUNTS RECEIVED THAT YEAR FOR DRIVER EDUCATION AND      7,867        

ADULT EDUCATION, THE DEPARTMENT SHALL PAY THE DISTRICT AN          7,868        

ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO                     

AMOUNTS.                                                           7,869        

      (I)  IN FISCAL YEARS 2000 AND 2001, EACH JOINT VOCATIONAL    7,871        

SCHOOL DISTRICT SHALL CONTINUE TO OFFER THE SAME NUMBER OF THE     7,872        

VOCATIONAL EDUCATION PROGRAMS THAT THE DISTRICT OFFERED IN FISCAL  7,875        

YEAR 1999, UNLESS THE DEPARTMENT OF EDUCATION EXPRESSLY AGREES     7,876        

THAT THE DISTRICT DOES NOT HAVE TO OFFER A PARTICULAR PROGRAM IN   7,877        

EITHER OR BOTH FISCAL YEAR 2000 OR 2001.                                        

      Sec. 3317.162.  (A)  As used in this section:                7,886        

                                                          177    


                                                                 
      (1)  "State share percentage" has the same meaning as in     7,888        

section 3317.022 of the Revised Code.                              7,889        

      (2)  "Dollar amount" means the amount shown in the           7,891        

following table for the corresponding type of unit and the         7,892        

appropriate fiscal year:                                           7,893        

                                            DOLLAR AMOUNT          7,895        

      TYPE OF UNIT                      FY 1999                    7,898        

                                        FY 2000     FY 2001        7,899        

      Division (B) of section 3317.05                              7,900        

         of the Revised Code             $8,334     $8,334         7,901        

      Division (C) of that section       $3,234     $3,234         7,902        

      Division (F) of that section       $3,550                    7,903        

                                         $4,550     $5,550         7,904        

      (3)  "Average unit amount" means the amount shown in the     7,907        

following table for the corresponding type of unit and the         7,908        

appropriate fiscal year:                                           7,909        

                                            AVERAGE UNIT AMOUNT    7,911        

      TYPE OF UNIT                      FY 1999                    7,914        

                                        FY 2000     FY 2001        7,915        

      Division (B) of section 3317.05                              7,916        

         of the Revised Code             $7,799     $7,799         7,917        

      Division (C) of that section       $2,966     $2,966         7,918        

      Division (F) of that section       $3,251                    7,919        

                                         $4,251     $5,251         7,920        

      (B)  In the case of each unit described in division (B),     7,923        

(C), or (F) of section 3317.05 of the Revised Code and allocated   7,925        

to a city, local, or exempted village school district, the         7,926        

department of education, in addition to the amounts specified in   7,928        

division (P)(1) of section 3317.024 and sections 3317.16,          7,929        

3317.161, and 3317.19 of the Revised Code, shall pay a             7,931        

supplemental unit allowance equal to the sum of the following      7,932        

amounts:                                                                        

      (1)  An amount equal to 50% of the average unit amount for   7,934        

the unit;                                                                       

                                                          178    


                                                                 
      (2)  An amount equal to the percentage of the dollar amount  7,936        

for the unit that equals the district's state share percentage.    7,937        

      If, prior to the fifteenth day of May of a fiscal year, a    7,939        

school district's aid computed under section 3317.022 of the       7,940        

Revised Code is recomputed pursuant to section 3317.027 or         7,941        

3317.028 of the Revised Code, the department shall also recompute  7,942        

the district's entitlement to payment under this section           7,943        

utilizing a new state share percentage.  Such new state share      7,944        

percentage shall be determined using the district's recomputed     7,945        

basic aid amount pursuant to section 3317.027 or 3317.028 of the   7,946        

Revised Code.  During the last six months of the fiscal year, the  7,947        

department shall pay the district a sum equal to one-half of the   7,948        

recomputed payment in lieu of one-half the payment otherwise                    

calculated under this section.                                     7,949        

      (C)(1)  In the case of each unit allocated to a joint        7,951        

vocational school district or AN institution pursuant to division  7,952        

(A) of section 3317.05 of the Revised Code, the department, in     7,954        

addition to the amount specified in section 3317.16 or 3317.161    7,955        

of the Revised Code, shall pay a supplemental unit allowance of    7,956        

$7,227 in fiscal year 1999.                                        7,957        

      (2)  In the case of each unit described in division (B) or   7,959        

(D)(1) of section 3317.05 of the Revised Code that is allocated    7,961        

to any entity other than a city, exempted village, or local        7,962        

school district, the department, in addition to the amount         7,963        

specified in section 3317.161 of the Revised Code, shall pay a                  

supplemental unit allowance of $7,799 in fiscal year 1999.         7,964        

      (3)  In the case of each unit described in division (C) or   7,967        

(D)(2) of section 3317.05 of the Revised Code and allocated to     7,968        

any entity other than a city, exempted village, or local school    7,969        

district, the department, in addition to the amounts specified in  7,970        

section 3317.161 of the Revised Code, shall pay a supplemental     7,971        

unit allowance of $2,966 in fiscal year 1999.                                   

      (4)  In the case of each unit described in division (F) of   7,974        

section 3317.05 of the Revised Code and allocated to any entity    7,975        

                                                          179    


                                                                 
other than a city, exempted village, or local school district AN   7,976        

EDUCATIONAL SERVICE CENTER, the department, in addition to the     7,977        

amounts specified in DIVISION (P) OF section 3317.161 3317.024 of  7,979        

the Revised Code, shall pay a supplemental unit allowance of       7,980        

$3,251 4,251 in fiscal year 1999 2000 AND $5,251 IN FISCAL YEAR    7,981        

2001.                                                                           

      Sec. 3317.51.  (A)  The distance learning fund is hereby     7,990        

created in the state treasury.  The fund shall consist of moneys   7,991        

paid to the information, learning, and technology authority OHIO   7,992        

SCHOOLNET COMMISSION by any telephone company as a part of a       7,994        

settlement agreement between such company and the public           7,995        

utilities commission in fiscal year 1995 in part to establish      7,996        

distance learning throughout the state.  The authority shall       7,997        

administer the fund and expend moneys from it to finance           7,998        

technology grants to eligible schools chartered by the state       7,999        

board of education to establish distance learning in those         8,000        

schools.  Chartered schools are eligible for funds if they are     8,001        

within the service area of the telephone company.  Investment      8,002        

earnings of the fund shall be credited to the fund.                             

      (B)  For purposes of this section, "distance learning"       8,004        

means the creation of a learning environment involving a school    8,005        

setting and at least one other location outside of the school      8,006        

which allows for information available at one site to be accessed  8,007        

at the other through the use of such educational applications as   8,008        

one-way or two-way transmission of data, voice, and video,                      

singularly or in appropriate combinations.                         8,009        

      Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of     8,018        

the Revised Code:                                                  8,019        

      (A)  "Ohio school facilities commission" means the           8,022        

commission created pursuant to section 3318.30 of the Revised      8,023        

Code.                                                                           

      (B)  "Classroom facilities" means rooms in which pupils      8,025        

regularly assemble in public school buildings to receive           8,026        

instruction and education and such facilities and building         8,027        

                                                          180    


                                                                 
improvements for the operation and use of such rooms as may be     8,028        

needed in order to provide a complete educational program, and     8,029        

may include space within which a child day-care facility or a      8,030        

community resource center is housed.                               8,031        

      (C)  "Project" means a project to construct or acquire       8,033        

classroom facilities, or to reconstruct or make additions to       8,035        

existing classroom facilities, to be used for housing the          8,036        

applicable school district and its functions.                                   

      (D)  "School district" means a local, exempted village, or   8,038        

city school district as such districts are defined in Chapter      8,039        

3311. of the Revised Code, acting as an agency of state            8,040        

government, performing essential governmental functions of state   8,041        

government pursuant to sections 3318.01 and 3318.20 of the         8,042        

Revised Code.                                                                   

      (E)  "School district board" means the board of education    8,044        

of a school district.                                              8,045        

      (F)  "Net bonded indebtedness" means the difference between  8,047        

the sum of the par value of all outstanding and unpaid bonds and   8,048        

notes which a school district board is obligated to pay, any       8,050        

amounts the school district is obligated to pay under              8,051        

lease-purchase agreements entered into under section 3313.375 of   8,052        

the Revised Code, and the par value of bonds authorized by the     8,053        

electors but not yet issued, the proceeds of which can lawfully    8,054        

be used for the project, and the amount held in the sinking fund   8,055        

and other indebtedness retirement funds for their redemption.      8,056        

Notes issued for school buses in accordance with section 3327.08   8,057        

of the Revised Code, notes issued in anticipation of the           8,058        

collection of current revenues, and bonds issued to pay final      8,059        

judgments shall not be considered in calculating the net bonded    8,060        

indebtedness.                                                                   

      "Net bonded indebtedness" does not include indebtedness      8,062        

arising from the acquisition of land to provide a site for         8,063        

classroom facilities constructed, acquired, or added to pursuant   8,064        

to sections 3318.01 to 3318.20 of the Revised Code.                8,065        

                                                          181    


                                                                 
      (G)  "Board of elections" means the board of elections of    8,067        

the county containing the most populous portion of the school      8,068        

district.                                                          8,069        

      (H)  "County auditor" means the auditor of the county in     8,071        

which the greatest value of taxable property of such school        8,072        

district is located.                                               8,073        

      (I)  "Tax duplicates" means the general tax lists and        8,075        

duplicates prescribed by sections 319.28 and 319.29 of the         8,076        

Revised Code.                                                      8,077        

      (J)  "Required level of indebtedness" means:                 8,079        

      (1)  In the case of districts in the first percentile, five  8,082        

per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE    8,083        

YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER     8,084        

SECTION 3318.04 OF THE REVISED CODE.                                            

      (2)  In the case of districts ranked in a subsequent         8,086        

percentile, five per cent of THE DISTRICT'S valuation FOR THE      8,087        

YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED    8,088        

THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two   8,089        

one-hundredths of one per cent multiplied by (the percentile in    8,090        

which the district ranks minus one)<.                                           

      (K)  "Required percentage of the basic project costs" means  8,092        

one per cent of the basic project costs times the percentile in    8,094        

which the district ranks.                                                       

      (L)  "Basic project cost" means a cost amount determined in  8,096        

accordance with rules adopted under section 111.15 of the Revised  8,097        

Code by the Ohio school facilities commission.  The basic project  8,100        

cost calculation shall take into consideration the square footage               

and cost per square foot necessary for the grade levels to be      8,101        

housed in the classroom facilities, the variation across the       8,102        

state in construction and related costs, the cost of the           8,103        

installation of site utilities and site preparation, the cost of   8,104        

insuring the project until it is completed, and the professional   8,106        

planning, administration, and design fees that a district may                   

have to pay to undertake a classroom facilities project.           8,107        

                                                          182    


                                                                 
      (M)  A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT       8,110        

COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE    8,111        

REVISED CODE.                                                      8,112        

      (N)  "Child day-care facility" means space within a          8,115        

classroom facility in which the needs of infants, toddlers,        8,116        

preschool children, and school children are provided for by        8,117        

persons other than the parent or guardian of such children for     8,118        

any part of the day, including persons not employed by the school               

district operating such classroom facility.                        8,119        

      (N)(O)  "Community resource center" means space within a     8,122        

classroom facility in which comprehensive services that support    8,123        

the needs of families and children are provided by                 8,124        

community-based social service providers.                          8,125        

      (O)(P)  "Valuation" means the total value of all property    8,127        

in the district as listed and assessed for taxation on the tax     8,129        

duplicates.                                                                     

      (P)(Q)  "Percentile" means the percentile in which the       8,131        

district is ranked pursuant to division (C)(D) of section          8,133        

3318.011 of the Revised Code.                                      8,134        

      (Q)(R)  "Installation of site utilities" means the           8,136        

installation of a site domestic water system, site fire            8,138        

protection system, site gas distribution system, site sanitary     8,139        

system, site storm drainage system, and site telephone and data    8,140        

system.                                                                         

      (R)(S)  "Site preparation" means the earthwork necessary     8,143        

for preparation of the building foundation system, the paved       8,144        

pedestrian and vehicular circulation system, playgrounds on the    8,145        

project site, and lawn and planting on the project site.           8,146        

      Sec. 3318.011.  For purposes of providing assistance under   8,155        

sections 3318.01 to 3318.20 of the Revised Code, the department    8,156        

of education shall annually do all of the following:               8,157        

      (A)  Calculate the adjusted valuation per pupil of each      8,159        

city, local, and exempted village school district according to     8,160        

the FOLLOWING formula set forth in section 3317.0213 of the        8,161        

                                                          183    


                                                                 
Revised Code;:                                                     8,162        

              THE DISTRICT'S VALUATION PER PUPIL -                 8,163        

         [$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<.           8,165        

      FOR PURPOSES OF THIS CALCULATION:                            8,167        

      (1)  "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE  8,169        

TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION   8,170        

3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR.          8,172        

      (2)  "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE        8,174        

AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH  8,175        

PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION   8,176        

3317.021 OF THE REVISED CODE.                                      8,177        

      (3)  "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION      8,179        

3317.02 OF THE REVISED CODE.                                       8,180        

      (B)  CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION     8,182        

PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL         8,183        

DISTRICT FOR THE PRECEDING THREE FISCAL YEARS;                     8,184        

      (C)  Rank all such districts in order of adjusted valuation  8,186        

per pupil from the district with the lowest THREE-YEAR AVERAGE     8,187        

adjusted valuation per pupil to the district with the highest      8,189        

THREE-YEAR AVERAGE adjusted valuation per pupil;                   8,191        

      (C)(D)  Divide such ranking into percentiles with the first  8,194        

percentile containing the one per cent of school districts having  8,195        

the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per    8,196        

pupil and the one-hundredth percentile containing the one per      8,197        

cent of school districts having the highest THREE-YEAR AVERAGE     8,198        

adjusted valuation VALUATIONS per pupil;                           8,199        

      (D)(E)  Determine the school districts that have an          8,201        

THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that    8,203        

is ARE greater than the median THREE-YEAR AVERAGE adjusted         8,204        

valuation per pupil for all school districts in the state;         8,205        

      (E)(F)  Certify the information described in divisions (A)   8,207        

to (D)(E) of this section to the Ohio school facilities            8,208        

commission.                                                        8,209        

      Sec. 3318.021.  NOTWITHSTANDING SECTION 3318.02 OF THE       8,211        

                                                          184    


                                                                 
REVISED CODE, THE OHIO SCHOOL FACILITIES COMMISSION ANNUALLY MAY   8,212        

CONDUCT ON-SITE VISITS TO NO MORE THAN FIVE SCHOOL DISTRICTS IN    8,213        

THE TWENTIETH TO FORTIETH PERCENTILES AS DETERMINED UNDER SECTION  8,214        

3318.011 OF THE REVISED CODE, IF A DISTRICT BOARD ADOPTS A         8,216        

RESOLUTION CERTIFYING TO THE COMMISSION THE BOARD'S INTENT TO      8,217        

PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL      8,218        

PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE.     8,220        

      Sec. 3318.032.  THE PORTION OF THE BASIC PROJECT COST        8,222        

SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF:           8,223        

      (A)  THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS,     8,225        

DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME  8,226        

THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04   8,228        

OF THE REVISED CODE;                                                            

      (B)  AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET  8,230        

BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD          8,231        

APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE                    

REQUIRED LEVEL OF INDEBTEDNESS.                                    8,232        

      THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS     8,234        

SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING    8,235        

BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT     8,236        

THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE         8,237        

REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE            8,238        

PROPOSITIONS DESCRIBED IN THAT SECTION.  IF THE AMOUNT RESERVED    8,239        

AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO   8,240        

NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL    8,241        

DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE   8,242        

PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN           8,243        

ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING     8,244        

BOARD'S SUBSEQUENT APPROVAL.                                                    

      Sec. 3318.05.  The conditional approval of the Ohio school   8,253        

facilities commission for a project shall lapse and the amount     8,255        

reserved and encumbered for such project shall be released unless  8,256        

the school district board accepts such conditional approval        8,257        

within one hundred twenty days following the date of               8,258        

                                                          185    


                                                                 
certification of the conditional approval to the school district   8,259        

board and the electors of the school district vote favorably on    8,261        

both of the propositions described in divisions (A) and (B) of     8,262        

this section within one year of the date of such certification,    8,263        

EXCEPT THAT A SCHOOL DISTRICT DESCRIBED IN DIVISION (C) OF THIS    8,264        

SECTION DOES NOT NEED TO SUBMIT THE PROPOSITION DESCRIBED IN       8,265        

DIVISION (B) OF THIS SECTION.  The propositions described in       8,267        

divisions (A) and (B) of this section shall be combined in a       8,268        

single proposal.  If the district board or the district's          8,269        

electors fail to meet such requirements and the amount reserved    8,270        

and encumbered for the district's project is released, the         8,271        

district shall be given first priority for project funding as                   

such funds become available.                                       8,272        

      (A)  On the question of issuing bonds of the school          8,274        

district board, for the school district's portion of the basic     8,275        

project cost, in either whatever amount may be necessary to raise  8,276        

the net bonded indebtedness of the school district to within five  8,278        

thousand dollars of the required level of indebtedness calculated  8,279        

for the year preceding the year in which the resolution declaring  8,280        

the necessity of the election is adopted, or an amount equal to    8,283        

the required percentage SCHOOL DISTRICT'S PORTION of the basic     8,285        

project costs, whichever is greater COST; and                                   

      (B)  On the question of levying a tax the proceeds of which  8,288        

shall be used to pay the cost of maintaining the classroom         8,289        

facilities included in the project, except that in any year the                 

district's THREE-YEAR AVERAGE adjusted valuation per pupil is      8,290        

greater than the state-wide median THREE-YEAR AVERAGE adjusted     8,293        

valuation per pupil, one-half of the proceeds of the tax shall be  8,294        

used for such maintenance and one-half of such proceeds shall be   8,295        

used to pay the cost of the purchase of the classroom facilities   8,296        

from PAID TO the state under the provisions of sections 3318.01    8,298        

to 3318.20 of the Revised Code.  Such tax shall be at the rate of  8,299        

one-half mill for each dollar of valuation until the purchase      8,300        

price THE STATE is paid AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE  8,301        

                                                          186    


                                                                 
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than     8,302        

twenty-three years.  Proceeds                                      8,303        

      (C)  IF A SCHOOL DISTRICT HAS IN PLACE A CONTINUING TAX FOR  8,305        

GENERAL ONGOING PERMANENT IMPROVEMENTS LEVIED UNDER SECTION        8,306        

5705.21 OF THE REVISED CODE, THE SCHOOL DISTRICT NEED NOT LEVY     8,307        

THE ADDITIONAL TAX REQUIRED UNDER THIS DIVISION PROVIDED THE       8,308        

SCHOOL DISTRICT BOARD INCLUDES IN THE AGREEMENT ENTERED INTO                    

UNDER SECTION 3318.08 OF THE REVISED CODE PROVISIONS EARMARKING    8,309        

SCHOOL DISTRICT REVENUES FOR MAINTENANCE OF CLASSROOM FACILITIES   8,310        

OR FOR PAYMENTS TO THE STATE AS SPECIFIED UNDER THIS DIVISION IN   8,311        

AN AMOUNT EQUIVALENT TO THE REQUIRED AMOUNT OF SUCH ADDITIONAL     8,312        

TAX FOR THE EQUIVALENT NUMBER OF YEARS.                            8,313        

      (D)  PROCEEDS of the tax OR OTHER SCHOOL DISTRICT REVENUES   8,315        

PRESCRIBED IN THIS SECTION to be used for maintenance of the       8,317        

classroom facilities shall be deposited into a separate fund                    

established by the school district for such purpose.               8,318        

      Sec. 3318.06.  After receipt of the conditional approval of  8,327        

the Ohio school facilities commission, the school district board   8,329        

by a majority of all of its members shall, if it desires to        8,330        

proceed with the project, declare all of the following by          8,331        

resolution:                                                                     

      (A)  That with a net bonded indebtedness of within five      8,333        

thousand dollars of the required level of indebtedness or by       8,334        

issuing bonds in an amount equal to the required percentage        8,335        

SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the     8,337        

district is unable to provide adequate classroom facilities        8,339        

without assistance from the state;                                              

      (B)  That to qualify for such state assistance it is         8,341        

necessary to DO EITHER OF THE FOLLOWING:                           8,342        

      (1)  TO levy a tax outside the ten-mill limitation the       8,344        

proceeds of which shall be used to pay the cost of maintaining     8,346        

the classroom facilities included in the project, except that in                

any year the district's THREE-YEAR AVERAGE adjusted valuation per  8,347        

pupil is greater than the state-wide STATEWIDE median THREE-YEAR   8,348        

                                                          187    


                                                                 
AVERAGE adjusted valuation per pupil, one-half of the proceeds of  8,349        

the tax shall be used for such maintenance and one-half of such    8,350        

proceeds shall be used to pay the cost of the purchase of the      8,351        

classroom facilities from PAID TO the state;                       8,352        

      (2)  TO EARMARK SCHOOL DISTRICT REVENUES FOR MAINTENANCE OF  8,354        

CLASSROOM FACILITIES OR BOTH MAINTENANCE OF CLASSROOM FACILITIES   8,355        

AND PAYMENTS TO THE STATE AS SPECIFIED IN DIVISION (B) OF SECTION  8,356        

3318.05 OF THE REVISED CODE PROVIDED THE ELECTORS OF THE SCHOOL    8,357        

DISTRICT HAVE APPROVED A CONTINUING TAX LEVY FOR GENERAL ONGOING   8,358        

PERMANENT IMPROVEMENTS UNDER SECTION 5705.21 OF THE REVISED CODE;  8,359        

      (C)  That the question of such ANY tax levy SPECIFIED IN A   8,361        

RESOLUTION DESCRIBED IN DIVISION (B)(1) OF THIS SECTION shall be   8,362        

submitted to the electors of the school district at the next       8,364        

general or primary election, if there be a general or primary      8,365        

election not less than seventy-five and not more than ninety-five  8,366        

days after the day of the adoption of such resolution or, if not,  8,367        

at a special election to be held at a time specified in the        8,368        

resolution which shall be not less than seventy-five days after    8,369        

the day of the adoption of the resolution and which shall be in    8,370        

accordance with the requirements of section 3501.01 of the         8,371        

Revised Code.                                                                   

      Such resolution shall also state that the question of        8,374        

issuing bonds of the board shall be combined in a single proposal  8,375        

with the question of such tax levy.  More than one election under  8,376        

this section may be held in any one calendar year.  Such           8,377        

resolution shall specify both of the following:                                 

      (1)  That the rate which it is necessary to levy shall be    8,379        

at the rate of one-half mill for each one dollar of valuation,     8,380        

and that such tax shall be levied until the purchase price is      8,382        

paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE        8,384        

PROJECT COST SUPPLIED BY THE STATE, but in no case longer than     8,386        

twenty-three years;                                                             

      (2)  That the proceeds of the tax shall be used to pay the   8,388        

cost of maintaining the classroom facilities included in the       8,389        

                                                          188    


                                                                 
project, except in any year the district's THREE-YEAR AVERAGE      8,390        

adjusted valuation per pupil is greater than the statewide median  8,392        

THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the   8,393        

proceeds of the tax shall be used for such maintenance and         8,394        

one-half of the proceeds of the tax shall be used to pay the cost  8,395        

of the purchase of the classroom facilities from PAID TO the       8,396        

state under sections 3318.01 to 3318.20 of the Revised Code.       8,397        

      A copy of such resolution shall after its passage and not    8,399        

less than seventy-five days prior to the date set therein for the  8,400        

election be certified to the county board of elections.            8,401        

      The resolution of the school district board, in addition to  8,405        

meeting other applicable requirements of section 133.18 of the     8,406        

Revised Code, shall state that the amount of bonds to be issued    8,407        

will be either whatever amount may be necessary to raise the net   8,408        

bonded indebtedness of the school district to within five          8,409        

thousand dollars of the required level of indebtedness calculated  8,410        

for the year preceding the year in which such resolution is        8,411        

adopted or an amount equal to the required percentage SCHOOL       8,413        

DISTRICT'S PORTION of the basic project costs COST, whichever is   8,414        

greater and state that the maximum maturity of the bonds which,    8,415        

notwithstanding section 133.20 of the Revised Code, may be any     8,416        

number of years not exceeding twenty-three as determined by the    8,417        

board.  In estimating the amount of bonds to be issued, the board  8,418        

shall take into consideration the amount of moneys then in the     8,419        

bond retirement fund and the amount of moneys to be collected for  8,420        

and disbursed from the bond retirement fund during the remainder   8,421        

of the year in which the resolution of necessity is adopted.       8,422        

      Notice of the election shall include the fact that the tax   8,424        

levy shall be at the rate of one-half mill for each one dollar of  8,425        

valuation, that the levy shall be made until the purchase price    8,427        

is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE     8,428        

PROJECT COST SUPPLIED BY THE STATE, but in no case longer than     8,431        

twenty-three years, and that the proceeds of the tax shall be      8,432        

used to pay the cost of maintaining the classroom facilities       8,433        

                                                          189    


                                                                 
included in the project, except in any year the district's         8,434        

THREE-YEAR AVERAGE adjusted valuation per pupil is greater than    8,435        

the statewide median THREE-YEAR AVERAGE adjusted valuation per     8,436        

pupil, one-half of the proceeds of the tax shall be used for such  8,438        

maintenance and one-half of the proceeds of the tax shall be used  8,439        

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         8,441        

Revised Code.                                                                   

      The form of the ballot to be used at such election shall     8,443        

be:                                                                8,444        

      "A majority affirmative vote is necessary for passage.       8,446        

      Shall bonds be issued by the Board of Education of the       8,448        

............ (here insert name of school district) for the         8,449        

purpose of ............ (here insert purpose of bond issue) in     8,450        

either an amount sufficient to raise the net indebtedness of the   8,451        

school district to within five thousand dollars of ............    8,452        

(here insert five, six, or seven per cent depending on the         8,453        

district's required level of indebtedness) of the total value of   8,454        

all property in the school district as listed and assessed for     8,455        

taxation on the tax duplicate for the year ............ (here      8,456        

insert the year preceding the year in which the resolution         8,457        

declaring the necessity of the election was adopted) or an amount  8,459        

equal to ............ (here insert the required percentage of the  8,460        

basic project costs), whichever is greater, and a levy of taxes    8,461        

be made outside of the ten-mill limitation for a maximum period    8,462        

of ............ (here insert longest maturity) years to pay the    8,463        

principal and interest of such bonds, the amount of such bonds     8,464        

being estimated to be ............ (here insert estimated amount   8,465        

of bond issue) for which the levy of taxes is estimated by the     8,466        

county auditor to average ............ (here insert number of      8,467        

mills) mills for each one dollar of valuation, which amounts to    8,468        

............ (here insert rate expressed in dollars and cents)     8,469        

for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY   8,471        

THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO     8,472        

                                                          190    


                                                                 
CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT    8,474        

OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE),  8,475        

TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE  8,476        

INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF     8,477        

THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY       8,478        

TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE    8,479        

COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND    8,480        

ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED)     8,481        

MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO       8,482        

............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH   8,483        

AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF  8,484        

TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO   8,485        

PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE        8,486        

BONDS?"                                                                         

                 and, UNLESS THE ADDITIONAL LEVY                   8,487        

                OF TAXES IS NOT REQUIRED PURSUANT                  8,488        

                   TO DIVISION (B) OF SECTION                      8,489        

                  3318.05 OF THE REVISED CODE,                     8,490        

      "Shall an additional levy of taxes be made for the A PERIOD  8,492        

NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............    8,493        

(HERE INSERT name of school district) SCHOOL DISTRICT, the         8,494        

proceeds of which shall be used to pay the cost of maintaining     8,497        

the classroom facilities included in the project, except that in                

any year the district's THREE-YEAR AVERAGE adjusted valuation per  8,498        

pupil is greater than the state-wide STATEWIDE median THREE-YEAR   8,500        

AVERAGE adjusted valuation per pupil, one-half of the proceeds of  8,502        

the tax shall be used for such maintenance and one-half of such    8,503        

proceeds shall be used to pay the cost of the purchase of          8,504        

classroom facilities from PAID TO the state, at the rate of        8,506        

one-half mill for each one dollar of valuation until the purchase  8,507        

price is paid but in no case longer than twenty-three years?       8,508        

                                                          191    


                                                                 
         _______________________________________________           8,510        

                 FOR THE BOND ISSUE AND TAX LEVY                   8,511        

         _______________________________________________           8,512        

                 AGAINST THE BOND ISSUE AND TAX LEVY               8,513        

         _______________________________________________   "       8,514        

      (D)  If it is necessary for the school district to acquire   8,517        

a site for the classroom facilities to be acquired pursuant to     8,518        

sections 3318.01 to 3318.20 of the Revised Code, the district      8,519        

board may propose either to issue bonds of the board or to levy a  8,520        

tax to pay for the acquisition of such site, and may combine the   8,521        

question of doing so with the questions specified in division (C)               

of this section.  Bonds issued under this division for the         8,522        

purpose of acquiring a site are a general obligation of the        8,523        

school district and are Chapter 133. securities.                   8,524        

      The form of that portion of the ballot to include the        8,526        

question of either issuing bonds or levying a tax for site         8,527        

acquisition purposes shall be one of the following:                8,528        

      (1)  "Shall bonds be issued by the board of education of     8,530        

the ............ (HERE INSERT name of the school district) for     8,531        

the purpose of .......... (purpose of the bond issue, which shall  8,533        

be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a     8,534        

site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM   8,535        

FACILITIES ASSISTANCE PROGRAM in the principal amount of           8,537        

.......... (HERE INSERT principal amount of the bond issue), to    8,538        

be repaid annually over a maximum period of .......... (HERE       8,539        

INSERT maximum number of years over which the principal of the     8,540        

bonds may be paid) years, and an annual levy of property taxes be  8,541        

made outside the ten-mill limitation, estimated by the county      8,542        

auditor to average over the repayment period of the bond issue     8,543        

.......... (HERE INSERT number of mills) mills for each one                     

dollar of tax valuation, which amount to .......... (HERE INSERT   8,544        

rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX  8,545        

CENTS" OR "$0.36") for each one hundred dollars of valuation TO    8,547        

PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES                

                                                          192    


                                                                 
ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?"                 8,548        

      (2)  "Shall an additional levy of taxes OUTSIDE THE          8,550        

TEN-MILL LIMITATION be made for the benefit of the ..........      8,551        

(HERE INSERT name of the school district) .......... SCHOOL        8,552        

DISTRICT for the purpose ......... (purpose of the levy, which     8,553        

shall be for the purpose of acquiring a site for classroom         8,554        

facilities) in the sum of ......... (HERE INSERT annual amount     8,555        

the levy is to produce) and a levy of taxes to be made outside of  8,556        

the ten-mill limitation estimated by the county auditor to         8,557        

average ........ (HERE INSERT number of mills) mills for each one  8,558        

hundred dollars of valuation, for a period of ......... (HERE      8,560        

INSERT number of years the millage is to be imposed) years?"       8,561        

      Where it is necessary to combine the question of issuing     8,563        

bonds of the school district and levying a tax as described in     8,564        

division (C) of this section with the question of issuing bonds    8,565        

of the school district for acquisition of a site, the question     8,566        

specified in division (C) of this section to be voted on shall be  8,567        

"For the Bond Issues and the Tax Levy" and "Against the Bond                    

Issues and the Tax Levy."                                          8,568        

      Where it is necessary to combine the question of issuing     8,570        

bonds of the school district and levying a tax as described in     8,571        

division (C) of this section with the question of levying a tax    8,572        

for the acquisition of a site, the question specified in division  8,573        

(C) of this section to be voted on shall be "For the Bond Issue    8,574        

and the Tax Levies" and "Against the Bond Issue and the Tax                     

Levies."                                                           8,575        

      If a majority of those voting upon a proposition hereunder   8,577        

which includes the question of issuing bonds vote in favor         8,578        

thereof, and if the agreement provided for by section 3318.08 of   8,579        

the Revised Code has been entered into, the school district board  8,580        

may proceed under Chapter 133. of the Revised Code, with the       8,581        

issuance of bonds or bond anticipation notes in accordance with    8,582        

the terms of the agreement.                                        8,583        

      Sec. 3318.08.  If the requisite favorable vote on the        8,592        

                                                          193    


                                                                 
election is obtained, the Ohio school facilities commission, upon  8,594        

certification of the results of the election to it, shall enter    8,595        

into a written agreement with the school district board for the    8,596        

construction and sale of the project, which agreement shall        8,597        

include, but need not be limited to, the following provisions:     8,598        

      (A)  The sale and issuance of bonds or notes in              8,600        

anticipation thereof, as soon as practicable after the execution   8,601        

of the agreement, in either an amount which will raise the net     8,603        

bonded indebtedness of the school district, as of the date of the  8,604        

resolution authorizing the issuance of such bonds or notes, to     8,606        

within five thousand dollars of the required level of              8,607        

indebtedness calculated for the year preceding the year in which   8,608        

the resolution declaring the necessity of the election was         8,610        

adopted or an amount equal to the required percentage SCHOOL       8,612        

DISTRICT'S PORTION of the basic project costs, whichever is        8,613        

greater COST; provided, that if at that time the county treasurer  8,614        

of each county in which the school district is located has not     8,616        

commenced the collection of taxes on the general duplicate of      8,617        

real and public utility property for such THE year IN WHICH THE    8,618        

CONTROLLING BOARD APPROVED THE PROJECT, the school district board  8,619        

shall authorize the issuance of a first installment of bond        8,620        

anticipation notes in an amount specified by the agreement, which  8,621        

amount shall not exceed an amount necessary to raise the net       8,622        

bonded indebtedness of the school district as to OF the date of    8,623        

such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to    8,625        

within five thousand dollars of the required level of              8,627        

indebtedness for the preceding year.  In the event that a first    8,628        

installment of bond anticipation notes is issued, the school       8,629        

district board shall, as soon as practicable after the county      8,630        

treasurer of each county in which the school district is located   8,631        

has commenced the collection of taxes on the general duplicate of  8,632        

real and public utility property for the year in which the         8,633        

resolution declaring the necessity of the election was adopted     8,634        

CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of  8,635        

                                                          194    


                                                                 
a second and final installment of bond anticipation notes or a     8,636        

first and final issue of bonds.  The                               8,637        

      THE combined value of the first and second installment of    8,640        

bond anticipation notes or the value of the first and final issue  8,641        

of bonds shall be equal to either an amount which will raise the   8,642        

net indebtedness of the school district as of the date of such     8,643        

authorizing resolution to within five thousand dollars of the      8,645        

required level of indebtedness, or an amount equal to the          8,647        

required percentage SCHOOL DISTRICT'S PORTION of the BASIC         8,648        

project costs, whichever is greater COST.  The proceeds of any     8,649        

such bonds shall be used first to retire any bond anticipation     8,651        

notes.  Otherwise, the proceeds of such bonds and of any bond      8,652        

anticipation notes, except the premium and accrued interest        8,653        

thereon, shall be deposited in the school district's project       8,654        

construction fund.  In determining the amount of net BONDED        8,655        

indebtedness for the purpose of fixing the amount of an issue of   8,656        

either bonds or bond anticipation notes, gross indebtedness shall  8,657        

be reduced by moneys in the bond retirement fund only to the       8,658        

extent of the moneys therein on the first day of the year          8,659        

preceding the year in which the resolution authorizing such bonds  8,660        

or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT.        8,661        

Should there be a decrease in the tax valuation of the school      8,663        

district so that the amount of indebtedness which THAT can be      8,665        

incurred on the tax duplicates for the year in which the                        

resolution declaring the necessity of the election was adopted     8,666        

CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of  8,668        

the first installment of bond anticipation notes, there shall be   8,669        

paid from the school district's project construction fund to the   8,670        

school district's bond retirement fund to be applied against such  8,672        

notes an amount sufficient to cause the net BONDED indebtedness    8,673        

of the school district, as of the first day of the year following  8,674        

the year in which the resolution declaring the necessity of the    8,675        

election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to    8,677        

be within five thousand dollars of the required level of                        

                                                          195    


                                                                 
indebtedness for the year in which that resolution was adopted     8,678        

THE CONTROLLING BOARD APPROVED THE PROJECT.  The maximum amount    8,681        

of indebtedness to be incurred by any school district board as     8,682        

its share of the cost of the project is either an amount which     8,683        

THAT will cause its net BONDED indebtedness, as of the first day   8,685        

of the year following the year in which the resolution declaring   8,686        

the necessity of the bond issue was adopted CONTROLLING BOARD                   

APPROVED THE PROJECT, to be within five thousand dollars of the    8,688        

required level of indebtedness calculated for the year preceding   8,689        

the year in which that resolution was adopted, or an amount equal  8,692        

to the required percentage of the basic project costs, whichever   8,693        

is greater.  All bonds and bond anticipation notes shall be        8,694        

issued in accordance with Chapter 133. of the Revised Code, and    8,695        

notes may be renewed as provided in section 133.22 of the Revised  8,696        

Code.                                                                           

      (B)  The transfer of such funds of the school district       8,698        

board available for the project, together with the proceeds of     8,699        

the sale of the bonds or notes, except premium, accrued interest,  8,700        

and interest included in the amount of the issue, to the school    8,701        

district's project construction fund;                              8,702        

      (C)  EITHER OF THE FOLLOWING:                                8,704        

      (1)  The levy of the tax authorized at the election for the  8,706        

payment of maintenance costs or the cost of purchasing the         8,708        

classroom facilities; PAYMENTS TO THE STATE, AS SPECIFIED IN                    

DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE;               8,710        

      (2)  IF THE SCHOOL DISTRICT ELECTORS HAVE APPROVED A         8,712        

CONTINUING TAX FOR GENERAL ONGOING PERMANENT IMPROVEMENTS UNDER    8,713        

SECTION 5705.21 OF THE REVISED CODE, THE EARMARKING OF SCHOOL      8,714        

DISTRICT REVENUES FOR MAINTENANCE OF CLASSROOM FACILITIES OR BOTH  8,715        

MAINTENANCE OF CLASSROOM FACILITIES AND PAYMENTS TO THE STATE AS                

SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE.  8,716        

      (D)  Ownership of OR INTEREST IN the project during the      8,718        

period of construction, which shall be divided between the         8,719        

commission and the school district board in proportion to their    8,721        

                                                          196    


                                                                 
respective contributions to the school district's project          8,722        

construction fund;                                                 8,723        

      (E)  The transfer MAINTENANCE of the state's interest in     8,725        

the project to the school district upon completion of the project  8,727        

UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION         8,728        

3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING;             8,729        

      (F)  The insurance of the project by the school district     8,731        

from the time there is an insurable interest therein and so long   8,732        

as any part of the purchase price remains unpaid THE STATE         8,733        

RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO       8,734        

DIVISION (D) OF THIS SECTION, in such amounts and against such     8,737        

risks as the commission shall require; provided, that the cost of  8,739        

any required insurance until the project is completed shall be a   8,740        

part of the basic project cost;                                                 

      (G)  The certification by the director of budget and         8,742        

management that funds are available and have been set aside to     8,743        

meet the state's share of the basic project cost as approved by    8,745        

the controlling board pursuant to section 3318.04 of the Revised   8,746        

Code;                                                                           

      (H)  Authorization of the school district board to           8,748        

advertise for and receive construction bids for the project, for   8,749        

and on behalf of the commission, and to award contracts in the     8,751        

name of the state subject to approval by the commission;           8,752        

      (I)  Provisions for the disbursement of moneys from the      8,754        

school district's project account upon issuance by the commission  8,756        

or the commission's designated representative of vouchers for      8,757        

work done to be certified to the commission by the treasurer of    8,760        

the school district board;                                         8,761        

      (J)  Disposal of any balance left in the school district's   8,763        

project construction fund upon completion of the project;          8,765        

      (K)  Prohibition against alienation of any interest in the   8,767        

project by the school district board or its successor in interest  8,768        

without the consent of the commission so long as any part of the   8,770        

purchase price of the project remains unpaid, but in no case       8,771        

                                                          197    


                                                                 
longer than twenty-three years;                                    8,772        

      (L)  Limitations upon use of the project or any part of it   8,774        

so long as any part of the purchase price of the project remains   8,775        

unpaid, but in no case longer than twenty-three years OBLIGATIONS  8,776        

ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE         8,777        

REVISED CODE ARE OUTSTANDING;                                      8,778        

      (M)(L)  Provision for vesting absolute THE STATE'S interest  8,781        

in the project in TO the school district board when the purchase   8,782        

price has been paid or at the expiration of the period of          8,784        

twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT       8,785        

UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING;         8,786        

      (N)(M)  Provision for deposit of an executed copy of the     8,788        

agreement in the office of the commission and the office of the    8,790        

county recorder of the county or counties in which the project is  8,791        

situated;                                                          8,792        

      (O)(N)  Provision for termination of the contract and        8,794        

release of the funds encumbered at the time of the conditional     8,795        

approval, if the proceeds of the sale of the bonds of the school   8,796        

district board are not paid into the school district's project     8,797        

construction fund and if bids for the construction of the project  8,799        

have not been taken within such period after the execution of the  8,800        

agreement as may be fixed by the commission;                       8,801        

      (P)(O)  Provision for the school district to maintain the    8,803        

project in accordance with a plan approved by the commission;      8,805        

      (Q)(P)  Provision that all state funds reserved and          8,808        

encumbered to pay the state share of the cost of the project       8,809        

pursuant to section 3318.03 of the Revised Code be spent on the    8,810        

construction or acquisition of the project prior to the            8,811        

expenditure of any funds provided by the school district to pay    8,812        

for its share of the project cost, unless the school district      8,813        

certifies to the commission that expenditure by the school         8,814        

district is necessary to maintain the tax-exempt status of notes   8,815        

or bonds issued by the school district to pay for its share of     8,816        

the project cost in which case, the school district may commit to  8,817        

                                                          198    


                                                                 
spend, or spend, a portion of the funds it provides;               8,818        

      (Q)  A PROVISION STIPULATING THAT THE COMMISSION MAY         8,820        

PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE      8,821        

COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR            8,822        

CONSTRUCTION PURPOSES.  THE COMMISSION MAY PERFORM SOIL TESTS IN   8,823        

ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR                          

CONSTRUCTION PURPOSES.                                             8,824        

      Sec. 3318.081.  If the board of education of a school        8,833        

district authorized to impose a tax pursuant to section 3318.06    8,834        

of the Revised Code determines that taxable value of property      8,835        

subject to the tax has increased to the extent it will not be      8,836        

necessary to impose such tax for twenty-three years in order to    8,837        

pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF   8,838        

THE PROJECT COST SUPPLIED BY THE STATE, it may request the county  8,839        

auditor to determine the amount of the purchase price remaining    8,840        

to be paid and the estimated rate of taxation required each year   8,841        

to repay PAY such remainder in equal installments over the         8,843        

maximum number of remaining years the tax may be in effect.  The   8,844        

auditor shall make such determination upon request and certify     8,845        

the results thereof to the board of education.                     8,846        

      Upon receipt of the auditor's determination, the board of    8,848        

education may request the Ohio school facilities commission to     8,850        

enter into a supplemental agreement under which the district may   8,851        

repay PAY the remainder of the purchase price AMOUNT in annual     8,853        

amounts equal to the quotient obtained by dividing the amount      8,855        

remaining to be paid by the maximum number of remaining years the  8,856        

tax may be in effect. If such an agreement is entered into, the    8,857        

commission shall certify a copy thereof to the county auditor and  8,859        

the tax authorized by section 3318.06 of the Revised Code          8,860        

thereafter shall be levied at the rate required to make the        8,861        

annual payments required by the supplemental agreement rather      8,862        

than the rate required by such section.                            8,863        

      Sec. 3318.082.  The board of education of any school         8,872        

district imposing a tax for the purpose of paying the cost of the  8,873        

                                                          199    


                                                                 
purchase of classroom facilities from the state pursuant to        8,875        

section 3318.06 of the Revised Code prior to the effective date    8,876        

of the amendments to that section by Amended Substitute House      8,878        

Bill No. 748 of the 121st General Assembly, may enter into a       8,879        

supplemental agreement with the Ohio school facilities commission  8,880        

under which the proceeds of such tax shall be distributed in       8,882        

accordance with the requirements of section 3318.06 of the                      

Revised Code, as amended by Amended Substitute House Bill No. 748  8,885        

of the 121st general assembly.                                     8,886        

      Sec. 3318.083.  IF, AFTER THE OHIO SCHOOL FACILITIES         8,888        

COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT    8,889        

UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF  8,890        

A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN         8,891        

INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS  8,892        

ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION      8,893        

FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED  8,895        

COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE        8,896        

DISTRICT'S PROJECT CONSTRUCTION FUND.                                           

      Sec. 3318.13.  Notwithstanding any provision of sections     8,905        

5705.27 to 5705.50 of the Revised Code, the tax to be levied on    8,906        

all taxable property within a school district for the purpose of   8,907        

paying the cost of maintaining the classroom facilities included   8,908        

in the project or for paying the purchase price of the project to  8,909        

the state under the agreement provided in section 3318.08 of the   8,910        

Revised Code or the supplemental agreement provided in section     8,911        

3318.081 of the Revised Code shall be included in the budget of    8,912        

the school district for each year upon the certification to the    8,913        

county budget commission or commissions of the county or counties  8,914        

in which said school district is located, by the Ohio school       8,915        

facilities commission of the balance due the state under said      8,917        

agreement or supplemental agreement.  Such certification shall be  8,918        

made on or before the fifteenth day of July in each year.          8,919        

Thereafter, the respective county budget commissions shall treat   8,920        

such certification as an additional item on the tax budget for     8,921        

                                                          200    


                                                                 
the school district as to which such certification has been made   8,922        

and shall provide for the levy therefor in the manner provided in  8,923        

sections 5705.27 to 5705.50 of the Revised Code for tax levies     8,924        

included directly in the budgets of the subdivisions.              8,925        

      The levy of taxes shall be included in the next annual tax   8,927        

budget that is certified to the county budget commission after     8,928        

the execution of the agreement for the project.                    8,929        

      Sec. 3318.14.  Notwithstanding the provision of section      8,938        

321.31 of the Revised Code, immediately after each settlement      8,939        

with the county auditor, on presentation of the warrant of the     8,940        

county auditor therefor, the county treasurer shall pay to the     8,941        

school district the proceeds of the tax levy provided in section   8,942        

3318.13 of the Revised Code to be used to pay the cost of                       

maintaining the classroom facilities included in the project and   8,944        

pay to the Ohio school facilities commission any proceeds of the   8,946        

tax levy provided in section 3318.13 of the Revised Code to be     8,947        

applied to the unpaid purchase price of the project PAID TO THE    8,948        

STATE.                                                                          

      Sec. 3318.15.  There is hereby created the public school     8,957        

building fund within the state treasury consisting of all moneys   8,958        

received from the sale of classroom facilities pursuant to         8,959        

sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO      8,960        

DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys    8,961        

transferred or appropriated to the fund by the general assembly,   8,962        

and any grants, gifts, or contributions received by the Ohio       8,963        

school facilities commission to be used for the purposes of the    8,964        

fund.  All investment earnings of the fund shall be credited to    8,965        

the fund.                                                                       

      Moneys transferred or appropriated to the fund by the        8,967        

general assembly and moneys in the fund from grants, gifts, and    8,968        

contributions shall be used to acquire classroom facilities for    8,969        

sale to school districts pursuant to THE PURPOSES OF sections      8,972        

3318.01 to 3318.20 of the Revised Code.  The moneys in the fund                 

received from the sale of classroom facilities PAYMENTS TO THE     8,974        

                                                          201    


                                                                 
STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED   8,975        

CODE shall be held in a separate account in the fund.  Such        8,976        

moneys may be used partially to acquire additional classroom       8,977        

facilities for sale to school districts pursuant to THE PURPOSES   8,978        

OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially   8,980        

to pay bond service charges as defined in division (C) of section  8,981        

3318.21 of the Revised Code on obligations, the proceeds of which  8,982        

are deposited into the school districts facilities fund created    8,983        

in section 3318.23 of the Revised Code.                            8,984        

      Sec. 3318.16.  Title to interests THE OHIO SCHOOL            8,993        

FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property      8,994        

purchased with moneys in the school district's project             8,996        

construction fund shall be taken in the name of the state of       8,997        

Ohio.  Upon completion of the project, the title to such interest  8,998        

in real property shall be conveyed to the school district board    8,999        

and the Ohio school facilities commission shall execute and                     

deliver deeds to complete the transfer of such interests.          9,000        

      Upon completion of the project, the interest of the state    9,002        

in the project shall be transferred to the school district board,  9,004        

which interest is equal to that portion of the final cost of the   9,005        

project represented by funds contributed by the state for the      9,006        

project.  The purchase price to be paid by the school district     9,007        

board for the state's interest in the project shall be the total                

amount of funds contributed by the state for the project.          9,008        

      ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION   9,010        

3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY         9,011        

INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE        9,012        

SCHOOL DISTRICT.                                                                

      Sec. 3318.17.  A (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF  9,022        

THIS SECTION, WHEN A school district board may purchase RECEIVES   9,023        

classroom facilities ASSISTANCE from the state from time to time   9,024        

under the procedure set forth in sections 3318.01 to 3318.12 of    9,026        

the Revised Code.  The, THE levy of taxes required by section      9,027        

SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the   9,029        

                                                          202    


                                                                 
rate of one-half mill for each one dollar of valuation and shall   9,030        

be for a maximum period of twenty-three years after the last       9,032        

purchase, except that in those years in which a supplemental       9,034        

agreement authorized by section 3318.081 of the Revised Code is    9,035        

in effect, the rate shall be as prescribed for such section for    9,036        

the period during which such agreement is in effect.  Where a      9,037        

school district has purchased classroom facilities from the state  9,038        

on which any portion of the purchase price remains unpaid and it   9,039        

desires to purchase additional classroom facilities, the notice    9,040        

of election and form of ballot set forth in section 3318.06 of     9,041        

the Revised Code shall provide that the levy is an extension of    9,042        

an existing levy for a maximum period of twenty-three years.       9,043        

Where there has been more than one purchase of classroom           9,044        

facilities from the state, any proceeds of the tax to be used to   9,045        

pay the purchase price of such facilities shall be applied to the  9,046        

unpaid purchase price of the projects in the order in which they   9,047        

were purchased.                                                                 

      (B)  WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS      9,049        

3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE   9,051        

OF THIS AMENDMENT, THE LEVY SHALL:                                              

      (1)  BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR  9,053        

OF VALUATION;                                                                   

      (2)  CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS          9,055        

REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY          9,056        

SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR        9,057        

TWENTY-THREE YEARS;                                                             

      (3)  NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER   9,059        

LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED      9,060        

CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT.       9,061        

      THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY    9,063        

SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY      9,064        

UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED        9,065        

CLASSROOM FACILITIES PROJECT.                                                   

      Sec. 3318.18.  The unpaid purchase price of a project MONEY  9,074        

                                                          203    


                                                                 
TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION        9,075        

3318.05 OF THE REVISED CODE shall constitute an indebtedness of    9,077        

the school district but shall not be included in the calculation   9,078        

of indebtedness under sections 133.04 and 133.06 of the Revised    9,079        

Code.  In the event all or a portion of the territory comprising   9,080        

a school district, which THAT has outstanding an indebtedness to   9,082        

the state representing the unpaid purchase price of TAX LEVY       9,084        

MONEY RESULTING FROM a project or projects, is transferred to      9,085        

another school district, or, if a new school district is created   9,086        

to include all or a portion of such school district, the           9,087        

outstanding indebtedness for MONEY OWED AS A RESULT OF each        9,088        

project shall be apportioned between the acquiring school          9,090        

district and the original school district in the ratio, as of the  9,091        

effective date of the transfer, which the assessed valuation of    9,092        

the territory transferred to the acquiring school district bears   9,093        

to the assessed valuation of the original school district.         9,094        

      The amount of the indebtedness so assumed, OR PARTIALLY      9,096        

ASSUMED, by the new school district or acquiring school district   9,098        

shall be equal to one-half mill multiplied by the total value of   9,099        

all property as listed and assessed for taxation in the original   9,100        

school district or territory transferred for each of the years     9,101        

YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS      9,102        

SPECIFIED in the PORTION OF THE agreement for payment of purchase  9,103        

price between the original school district and the state board of  9,105        

education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE      9,106        

REVISED CODE.  On or before the first day of July of each year,    9,107        

the department of taxation shall certify to the Ohio school        9,108        

facilities commission the amount of the tax duplicate of the       9,110        

original school district or territory transferred for the          9,111        

calendar year ending on the thirty-first day of December           9,112        

immediately preceding.  This tax duplicate shall be used in the    9,113        

calculation of the indebtedness so assumed.                                     

      The acquiring school district shall levy a tax outside the   9,115        

ten-mill limitation upon all property in the acquiring school      9,116        

                                                          204    


                                                                 
district to pay the indebtedness so assumed until the              9,117        

indebtedness so assumed has been discharged but not longer than    9,118        

twenty-three years after the original incurrence of the            9,119        

indebtedness, provided, that the levy in the acquiring school      9,120        

district in any year shall not exceed the levy in the original     9,121        

school district to pay the purchase price of projects acquired     9,122        

from MAKE PAYMENTS TO the state.  The proceeds of the aforesaid    9,123        

tax levy in the acquiring school district shall be applied to the  9,125        

discharge of indebtedness first incurred in point of time whether  9,126        

or not it be an indebtedness assumed from another school           9,127        

district.                                                                       

      Sec. 3318.21.  As used in sections 3318.21 to 3318.29 of     9,136        

the Revised Code:                                                  9,137        

      (A)  "Allowable costs" means all or part of the costs of a   9,139        

permanent improvement that may be financed with, and paid from     9,140        

the proceeds of, securities issued pursuant to section 133.15 of   9,141        

the Revised Code.                                                  9,142        

      (B)  "Bond proceedings" means the resolution, order, trust   9,144        

agreement, indenture, loan agreement, lease agreement, and other   9,145        

agreements, amendments and supplements to the foregoing, or any    9,146        

one or more or combination thereof, authorizing or providing for   9,147        

the terms and conditions applicable to, or providing for the       9,148        

security or liquidity of, obligations issued pursuant to section   9,149        

3318.26 of the Revised Code, and the provisions contained in the   9,150        

obligations.                                                       9,151        

      (C)  "Bond service charges" means principal, including       9,153        

mandatory sinking fund requirements for retirement of              9,154        

obligations, and interest, and redemption premium, if any,         9,155        

required to be paid by the state on obligations, and, if provided  9,156        

in the applicable bond proceedings, may include any corresponding  9,157        

lease or sublease payments to be made with respect thereto to the  9,158        

issuing authority by the state or any agency of state government.  9,159        

      (D)  "Bond service fund" means the applicable fund and       9,161        

accounts therein created for and pledged to the payment of bond    9,162        

                                                          205    


                                                                 
service charges, which may be, or may be part of, either the       9,163        

school building program bond service fund created by division (R)  9,164        

of section 3318.26 of the Revised Code or the school facilities    9,165        

bond service fund created by division (S) of section 3318.26 of    9,166        

the Revised Code, including all moneys and investments, and        9,167        

earnings from investments, credited and to be credited thereto.    9,168        

      (E)  "Issuing authority" means the treasurer of state, or    9,170        

the officer who by law performs the functions of such officer.     9,171        

      (F)  "Obligations" means bonds, notes, or other evidence of  9,173        

obligation including interest coupons pertaining thereto, issued   9,174        

pursuant to section 3318.26 of the Revised Code.                   9,175        

      (G)  "Permanent improvement" or "improvement" means a        9,177        

permanent improvement or improvement as defined under division     9,178        

(CC) of section 133.01 of the Revised Code to be used for housing  9,179        

agencies of state government, including classroom facilities as    9,180        

defined in division (B) of section 3318.01 of the Revised Code.    9,181        

      (H)  "Pledged receipts," in the case of obligations issued   9,183        

to provide moneys for the school building program assistance fund  9,184        

created in section 3318.25 of the Revised Code, means any or all   9,185        

of the following:                                                  9,186        

      (1)  Moneys in the lottery profits education fund created    9,188        

in section 3770.06 of the Revised Code appropriated by the         9,189        

general assembly and pledged for the purpose of paying bond        9,190        

service charges on one or more issuances of such obligations;      9,191        

      (2)  Accrued interest received from the sale of              9,193        

obligations;                                                       9,194        

      (3)  Income from the investment of the special funds;        9,196        

      (4)  Any gifts, grants, donations, and pledges, and          9,198        

receipts therefrom, available for the payment of bond service      9,199        

charges.                                                           9,200        

      (I)  "Pledged receipts," in the case of obligations issued   9,202        

to provide moneys for the school districts facilities fund         9,203        

created in section 3318.23 of the Revised Code, means any or all   9,204        

of the following:                                                  9,205        

                                                          206    


                                                                 
      (1)  Moneys from the sale of classroom facilities accruing   9,207        

in the public school building fund created in section 3318.15 of   9,208        

the Revised Code, which moneys are pledged for the purpose of      9,209        

paying bond service charges on one or more issuances of such       9,210        

obligations.                                                       9,211        

      (2)  Moneys accruing to the state from the repayment,        9,213        

including interest, of loans from the school districts facilities  9,214        

fund made pursuant to section 3318.24 of the Revised Code;         9,215        

      (3)  Accrued interest received from the sale of              9,217        

obligations;                                                       9,218        

      (4)  Income from the investment of the special funds;        9,220        

      (5)  Any gifts, grants, donations, and pledges, and          9,222        

receipts therefrom, available for the payment of bond service      9,223        

charges.                                                           9,224        

      (J)  "School district" means a school district as defined    9,226        

under division (D) of section 3318.01 of the Revised Code, acting  9,227        

as an agency of state government, performing essential             9,228        

governmental functions of state government pursuant to sections    9,229        

3318.21 to 3318.29 of the Revised Code.                                         

      (K)(J)  "Securities" means securities as defined under       9,231        

division (KK) in section 133.01 of the Revised Code.               9,232        

      (L)(K)  "Special funds" or "funds" means, except where the   9,234        

context does not permit, the bond service fund, and any other      9,235        

funds, including reserve funds, created under the bond             9,236        

proceedings, and either the school building program bond service   9,237        

fund created by division (R) of section 3318.26 of the Revised     9,238        

Code or the school facilities bond service fund created by         9,239        

division (S) of section 3318.26 of the Revised Code to the extent  9,240        

provided in the bond proceedings, including all moneys and         9,241        

investments, and earnings from investment, credited and to be      9,242        

credited thereto.                                                  9,243        

      Sec. 3318.25.  There is hereby created in the state          9,252        

treasury the school building program assistance fund.  The fund    9,253        

shall consist of the proceeds of obligations issued for the        9,254        

                                                          207    


                                                                 
purposes of such fund pursuant to section 3318.26 of the Revised   9,255        

Code that are payable from moneys in the lottery profits           9,256        

education fund created in section 3770.06 of the Revised Code.     9,257        

All investment earnings of the fund shall be credited to the       9,258        

fund.  Moneys in the fund shall be used as directed by the Ohio    9,259        

school facilities commission for the cost to the state of          9,261        

acquiring CONSTRUCTING classroom facilities for sale to school     9,262        

districts pursuant to UNDER sections 3318.01 to 3318.20 of the     9,263        

Revised Code.                                                      9,265        

      Sec. 3318.26.  (A)  Subject to the limitations provided in   9,274        

section 3318.29 of the Revised Code, the issuing authority, upon   9,275        

the certification by the Ohio school facilities commission to the  9,277        

issuing authority of the amount of moneys or additional moneys     9,278        

needed in the school districts facilities fund for the purpose of  9,279        

making loans for allowable costs from such fund or in the school   9,280        

building program assistance fund for the purposes of sections      9,281        

3318.01 to 3318.20 of the Revised Code, or needed for capitalized  9,282        

interest, for funding reserves, and for paying costs and expenses  9,283        

incurred in connection with the issuance, carrying, securing,      9,284        

paying, redeeming, or retirement of the obligations or any         9,285        

obligations refunded thereby, including payment of costs and       9,286        

expenses relating to letters of credit, lines of credit,           9,287        

insurance, put agreements, standby purchase agreements, indexing,  9,288        

marketing, remarketing and administrative arrangements, interest   9,289        

swap or hedging agreements, and any other credit enhancement,      9,290        

liquidity, remarketing, renewal, or refunding arrangements, all    9,291        

of which are authorized by this section, shall issue obligations   9,292        

of the state under this section in the required amount.  The       9,293        

proceeds of such obligations, except for obligations issued to     9,295        

provide moneys for the school building program assistance fund or  9,296        

except for such portion to be deposited in special funds,          9,297        

including reserve funds, as may be provided in the bond            9,298        

proceedings, shall as provided in the bond proceedings be          9,299        

deposited by the treasurer of state to the school districts        9,300        

                                                          208    


                                                                 
facilities fund.  The issuing authority may appoint trustees,      9,301        

paying agents, and transfer agents and may retain the services of  9,302        

financial advisors and accounting experts and retain or contract   9,303        

for the services of marketing, remarketing, indexing, and          9,304        

administrative agents, other consultants, and independent          9,305        

contractors, including printing services, as are necessary in the  9,306        

issuing authority's judgment to carry out this section.  The       9,307        

costs of such services are payable from the school districts       9,308        

facilities fund, the school building program assistance fund, or   9,309        

any special fund determined by the issuing authority.              9,310        

      (B)  The holders or owners of such obligations shall have    9,312        

no right to have moneys raised by taxation obligated or pledged,   9,313        

and moneys raised by taxation shall not be obligated or pledged,   9,314        

for the payment of bond service charges.  Such holders or owners   9,315        

shall have no rights to payment of bond service charges from any   9,316        

money or property received by the commission, treasurer of state,  9,319        

or the state, or from any other use of the proceeds of the sale    9,320        

of the obligations, and no such moneys may be used for the         9,321        

payment of bond service charges, except for accrued interest,      9,322        

capitalized interest, and reserves funded from proceeds received   9,323        

upon the sale of the obligations and except as otherwise           9,324        

expressly provided in the applicable bond proceedings pursuant to  9,325        

written directions by the treasurer of state.  The right of such   9,326        

holders and owners to payment of bond service charges shall be     9,327        

limited to all or that portion of the pledged receipts and those   9,328        

special funds pledged thereto pursuant to the bond proceedings in  9,329        

accordance with this section, and each such obligation shall bear  9,330        

on its face a statement to that effect.                                         

      (C)  Obligations shall be authorized by resolution or order  9,332        

of the issuing authority and the bond proceedings shall provide    9,333        

for the purpose thereof and the principal amount or amounts, and   9,334        

shall provide for or authorize the manner or agency for            9,335        

determining the principal maturity or maturities, not exceeding    9,336        

the limits specified in section 3318.29 of the Revised Code, the   9,337        

                                                          209    


                                                                 
interest rate or rates or the maximum interest rate, the date of   9,338        

the obligations and the dates of payment of interest thereon,      9,339        

their denomination, and the establishment within or without the    9,340        

state of a place or places of payment of bond service charges.     9,341        

Sections 9.98 to 9.983 of the Revised Code are applicable to       9,342        

obligations issued under this section, subject to any applicable   9,343        

limitation under section 3318.29 of the Revised Code.  The         9,344        

purpose of such obligations may be stated in the bond proceedings  9,345        

in terms describing the general purpose or purposes to be served.  9,346        

The bond proceedings shall also provide, subject to the            9,347        

provisions of any other applicable bond proceedings, for the       9,348        

pledge of all, or such part as the issuing authority may           9,349        

determine, of the pledged receipts and the applicable special      9,350        

fund or funds to the payment of bond service charges, which        9,351        

pledges may be made either prior or subordinate to other           9,352        

expenses, claims, or payments, and may be made to secure the       9,353        

obligations on a parity with obligations theretofore or            9,354        

thereafter issued, if and to the extent provided in the bond       9,355        

proceedings.  The pledged receipts and special funds so pledged    9,356        

and thereafter received by the state are immediately subject to    9,357        

the lien of such pledge without any physical delivery thereof or   9,358        

further act, and the lien of any such pledges is valid and         9,359        

binding against all parties having claims of any kind against the  9,360        

state or any governmental agency of the state, irrespective of     9,361        

whether such parties have notice thereof, and shall create a       9,362        

perfected security interest for all purposes of Chapter 1309. of   9,363        

the Revised Code, without the necessity for separation or          9,364        

delivery of funds or for the filing or recording of the bond       9,365        

proceedings by which such pledge is created or any certificate,    9,366        

statement or other document with respect thereto; and the pledge   9,367        

of such pledged receipts and special funds is effective and the    9,368        

money therefrom and thereof may be applied to the purposes for     9,369        

which pledged without necessity for any act of appropriation,      9,370        

except as required by section 3770.06 of the Revised Code.  Every  9,371        

                                                          210    


                                                                 
pledge, and every covenant and agreement made with respect         9,372        

thereto, made in the bond proceedings may therein be extended to   9,373        

the benefit of the owners and holders of obligations authorized    9,374        

by this section, and to any trustee therefor, for the further      9,375        

security of the payment of the bond service charges.               9,376        

      (D)  The bond proceedings may contain additional provisions  9,378        

as to:                                                             9,379        

      (1)  The redemption of obligations prior to maturity at the  9,381        

option of the issuing authority at such price or prices and under  9,382        

such terms and conditions as are provided in the bond              9,383        

proceedings;                                                       9,384        

      (2)  Other terms of the obligations;                         9,386        

      (3)  Limitations on the issuance of additional obligations;  9,388        

      (4)  The terms of any trust agreement or indenture securing  9,390        

the obligations or under which the same may be issued;             9,391        

      (5)  The deposit, investment and application of special      9,393        

funds, and the safeguarding of moneys on hand or on deposit,       9,394        

without regard to Chapter 131., 133., or 135. of the Revised       9,395        

Code, but subject to any special provisions of sections 3318.21    9,396        

to 3318.29 of the Revised Code, with respect to particular funds   9,397        

or moneys, provided that any bank or trust company that acts as    9,398        

depository of any moneys in the special funds may furnish such     9,399        

indemnifying bonds or may pledge such securities as required by    9,400        

the issuing authority;                                             9,401        

      (6)  Any or every provision of the bond proceedings being    9,403        

binding upon such officer, board, commission, authority, agency,   9,404        

department, or other person or body as may from time to time have  9,405        

the authority under law to take such actions as may be necessary   9,406        

to perform all or any part of the duty required by such            9,407        

provision;                                                         9,408        

      (7)  Any provision that may be made in a trust agreement or  9,411        

indenture;                                                                      

      (8)  The lease or sublease of any interest of the school     9,413        

district or the state in one or more projects as defined in        9,414        

                                                          211    


                                                                 
division (C) of section 3318.01 of the Revised Code, or in one or  9,415        

more permanent improvements, to or from the issuing authority, as  9,416        

provided in one or more lease or sublease agreements between the                

school or the state and the issuing authority;                     9,417        

      (9)  Any other or additional agreements with the holders of  9,419        

the obligations, or the trustee therefor, relating to the          9,420        

obligations or the security therefor, including in the case of     9,421        

obligations issued to provide moneys for the school district       9,422        

facilities fund the assignment of security obtained or to be       9,423        

obtained for loans under section 3318.24 of the Revised Code.      9,424        

      (E)  The obligations may have the great seal of the state    9,426        

or a facsimile thereof affixed thereto or printed thereon.  The    9,427        

obligations and any coupons pertaining to obligations shall be     9,428        

signed or bear the facsimile signature of the issuing authority.   9,429        

Any obligations or coupons may be executed by the person who, on   9,430        

the date of execution, is the proper issuing authority although    9,431        

on the date of such bonds or coupons such person was not the       9,432        

issuing authority.  In case the issuing authority whose signature  9,433        

or a facsimile of whose signature appears on any such obligation   9,434        

or coupon ceases to be the issuing authority before delivery       9,435        

thereof, such signature or facsimile is nevertheless valid and     9,436        

sufficient for all purposes as if the issuing authority had        9,437        

remained the issuing authority until such delivery; and in case    9,439        

the seal to be affixed to obligations has been changed after a     9,440        

facsimile of the seal has been imprinted on such obligations,      9,441        

such facsimile seal shall continue to be sufficient as to such     9,442        

obligations and obligations issued in substitution or exchange     9,443        

therefor.                                                                       

      (F)  All obligations are negotiable instruments and          9,445        

securities under Chapter 1308. of the Revised Code, subject to     9,446        

the provisions of the bond proceedings as to registration.  The    9,447        

obligations may be issued in coupon or in registered form, or      9,448        

both, as the issuing authority determines.  Provision may be made  9,449        

for the registration of any obligations with coupons attached      9,450        

                                                          212    


                                                                 
thereto as to principal alone or as to both principal and          9,451        

interest, their exchange for obligations so registered, and for    9,452        

the conversion or reconversion into obligations with coupons       9,453        

attached thereto of any obligations registered as to both          9,454        

principal and interest, and for reasonable charges for such        9,455        

registration, exchange, conversion, and reconversion.              9,456        

      (G)  Obligations may be sold at public sale or at private    9,458        

sale, as determined in the bond proceedings.                       9,459        

      (H)  Pending preparation of definitive obligations, the      9,461        

issuing authority may issue interim receipts or certificates       9,462        

which shall be exchanged for such definitive obligations.          9,463        

      (I)  In the discretion of the issuing authority,             9,465        

obligations may be secured additionally by a trust agreement or    9,466        

indenture between the issuing authority and a corporate trustee    9,467        

which may be any trust company or bank having its principal place  9,468        

of business within the state.  Any such agreement or indenture     9,469        

may contain the resolution or order authorizing the issuance of    9,470        

the obligations, any provisions that may be contained in any bond  9,471        

proceedings, and other provisions that are customary or            9,472        

appropriate in an agreement or indenture of such type, including,  9,473        

but not limited to:                                                9,474        

      (1)  Maintenance of each pledge, trust agreement,            9,476        

indenture, or other instrument comprising part of the bond         9,477        

proceedings until the state has fully paid the bond service        9,478        

charges on the obligations secured thereby, or provision therefor  9,479        

has been made;                                                     9,480        

      (2)  In the event of default in any payments required to be  9,482        

made by the bond proceedings, or any other agreement of the        9,483        

issuing authority made as a part of the contract under which the   9,484        

obligations were issued, enforcement of such payments or           9,485        

agreement by mandamus, the appointment of a receiver, suit in      9,486        

equity, action at law, or any combination of the foregoing;        9,487        

      (3)  The rights and remedies of the holders of obligations   9,489        

and of the trustee, and provisions for protecting and enforcing    9,490        

                                                          213    


                                                                 
them, including limitations on rights of individual holders of     9,491        

obligations;                                                       9,492        

      (4)  The replacement of any obligations that become          9,494        

mutilated or are destroyed, lost, or stolen;                       9,495        

      (5)  Such other provisions as the trustee and the issuing    9,497        

authority agree upon, including limitations, conditions, or        9,498        

qualifications relating to any of the foregoing.                   9,499        

      (J)  Any holder of obligations or a trustee under the bond   9,501        

proceedings, except to the extent that the holder's or trustee's   9,503        

rights are restricted by the bond proceedings, may by any          9,504        

suitable form of legal proceedings, protect and enforce any        9,505        

rights under the laws of this state or granted by such bond        9,506        

proceedings.  Such rights include the right to compel the          9,507        

performance of all duties of the issuing authority, the            9,508        

commission, or the director of budget and management required by   9,510        

sections 3318.21 to 3318.29 of the Revised Code or the bond        9,511        

proceedings; to enjoin unlawful activities; and in the event of    9,512        

default with respect to the payment of any bond service charges    9,513        

on any obligations or in the performance of any covenant or        9,514        

agreement on the part of the issuing authority, the commission,    9,515        

or the director of budget and management in the bond proceedings,  9,517        

to apply to a court having jurisdiction of the cause to appoint a  9,518        

receiver to receive and administer the pledged receipts and        9,519        

special funds, other than those in the custody of the treasurer    9,520        

of state or the commission, which are pledged to the payment of    9,522        

the bond service charges on such obligations or which are the      9,523        

subject of the covenant or agreement, with full power to pay, and  9,524        

to provide for payment of bond service charges on, such            9,525        

obligations, and with such powers, subject to the direction of     9,526        

the court, as are accorded receivers in general equity cases,      9,527        

excluding any power to pledge additional revenues or receipts or   9,528        

other income or moneys of the issuing authority or the state or    9,529        

governmental agencies of the state to the payment of such          9,530        

principal and interest and excluding the power to take possession  9,531        

                                                          214    


                                                                 
of, mortgage, or cause the sale or otherwise dispose of any        9,532        

permanent improvement.                                             9,533        

      Each duty of the issuing authority and the issuing           9,535        

authority's officers and employees, and of each governmental       9,536        

agency and its officers, members, or employees, undertaken         9,537        

pursuant to the bond proceedings or any agreement or loan made     9,538        

under authority of sections 3318.21 to 3318.29 of the Revised      9,539        

Code, and in every agreement by or with the issuing authority, is  9,540        

hereby established as a duty of the issuing authority, and of      9,541        

each such officer, member, or employee having authority to         9,542        

perform such duty, specifically enjoined by the law resulting      9,543        

from an office, trust, or station within the meaning of section    9,544        

2731.01 of the Revised Code.                                       9,545        

      The person who is at the time the issuing authority, or the  9,547        

issuing authority's officers or employees, are not liable in       9,548        

their personal capacities on any obligations issued by the         9,549        

issuing authority or any agreements of or with the issuing         9,550        

authority.                                                         9,551        

      (K)  The issuing authority may authorize and issue           9,553        

obligations for the refunding, including funding and retirement,   9,554        

and advance refunding with or without payment or redemption prior  9,555        

to maturity, of any obligations previously issued by the issuing   9,556        

authority.  Such obligations may be issued in amounts sufficient   9,557        

for payment of the principal amount of the prior obligations, any  9,558        

redemption premiums thereon, principal maturities of any such      9,559        

obligations maturing prior to the redemption of the remaining      9,560        

obligations on a parity therewith, interest accrued or to accrue   9,561        

to the maturity dates or dates of redemption of such obligations,  9,562        

and any allowable costs including expenses incurred or to be       9,563        

incurred in connection with such issuance and such refunding,      9,564        

funding, and retirement.  Subject to the bond proceedings          9,565        

therefor, the portion of proceeds of the sale of obligations       9,566        

issued under this division to be applied to bond service charges   9,567        

on the prior obligations shall be credited to an appropriate       9,568        

                                                          215    


                                                                 
account held by the trustee for such prior or new obligations or   9,569        

to the appropriate account in the bond service fund for such       9,570        

obligations.  Obligations authorized under this division shall be  9,571        

deemed to be issued for those purposes for which such prior        9,572        

obligations were issued and are subject to the provisions of this  9,573        

section pertaining to other obligations, except as otherwise       9,574        

provided in this section; provided that, unless otherwise          9,575        

authorized by the general assembly, any limitations imposed by     9,576        

the general assembly pursuant to this section with respect to      9,577        

bond service charges applicable to the prior obligations shall be  9,578        

applicable to the obligations issued under this division to        9,579        

refund, fund, advance refund or retire such prior obligations.     9,580        

      (L)  The authority to issue obligations under this section   9,582        

includes authority to refund or refinance any obligations          9,583        

previously issued by the state under sections 3318.21 to 3318.29   9,584        

of the Revised Code.                                               9,585        

      The authority to issue obligations under this section also   9,587        

includes authority to issue obligations in the form of bond        9,588        

anticipation notes and to renew the same from time to time by the  9,589        

issuance of new notes.  The holders of such notes or interest      9,590        

coupons pertaining thereto shall have a right to be paid solely    9,591        

from the pledged receipts and special funds that may be pledged    9,592        

to the payment of the bonds anticipated, or from the proceeds of   9,593        

such bonds or renewal notes, or both, as the issuing authority     9,594        

provides in the resolution or order authorizing such notes.  Such  9,595        

notes may be additionally secured by covenants of the issuing      9,596        

authority to the effect that the issuing authority and the state   9,597        

will do such or all things necessary for the issuance of such      9,598        

bonds or renewal notes in appropriate amount, and apply the        9,599        

proceeds thereof to the extent necessary, to make full payment of  9,600        

the principal of and interest on such notes at the time or times   9,601        

contemplated, as provided in such resolution or order.  For such   9,602        

purpose, the issuing authority may issue bonds or renewal notes    9,603        

in such principal amount and upon such terms as may be necessary   9,604        

                                                          216    


                                                                 
to provide funds to pay when required the principal of and         9,605        

interest on such notes, notwithstanding any limitations            9,606        

prescribed by or for purposes of this section.  Subject to this    9,607        

division, all provisions for and references to obligations in      9,608        

this section are applicable to notes authorized under this         9,609        

division.                                                          9,610        

      The issuing authority in the bond proceedings authorizing    9,612        

the issuance of bond anticipation notes shall set forth for such   9,613        

bonds an estimated interest rate and a schedule of principal       9,614        

payments for such bonds and the annual maturity dates thereof,     9,615        

and for purposes of any limitation on bond service charges         9,616        

prescribed under section 3318.29 of the Revised Code, the amount   9,617        

of bond service charges on such bond anticipation notes shall be   9,618        

deemed to be the bond service charges for the bonds anticipated    9,619        

thereby as set forth in the bond proceedings applicable to such    9,620        

notes, but this provision does not modify any authority in this    9,621        

section to pledge pledged receipts and special funds to, and       9,622        

covenant to issue bonds to fund, the payment of principal of and   9,623        

interest and any premium on such notes.                            9,624        

      (M)  Obligations issued under this section are lawful        9,626        

investments for banks, societies for savings, savings and loan     9,627        

associations, deposit guarantee associations, trust companies,     9,628        

trustees, fiduciaries, insurance companies, including domestic     9,629        

for life and domestic not for life, trustees or other officers     9,630        

having charge of sinking and bond retirement or other special      9,631        

funds of political subdivisions and taxing districts of this       9,632        

state, the commissioners of the sinking fund of the state, the     9,633        

administrator of workers' compensation, the state teachers         9,635        

retirement system, the public employees retirement system, the     9,636        

school employees retirement system, and the police and firemen's   9,637        

disability and pension fund, notwithstanding any other provisions  9,638        

of the Revised Code or rules adopted pursuant thereto by any       9,639        

governmental agency of the state with respect to investments by    9,640        

them, and also are acceptable as security for the deposit of       9,641        

                                                          217    


                                                                 
public moneys.                                                                  

      (N)  Unless otherwise provided in any applicable bond        9,643        

proceedings, moneys to the credit of or in the special funds       9,644        

established by or pursuant to this section may be invested by or   9,645        

on behalf of the issuing authority only in notes, bonds, or other  9,646        

obligations of the United States, or of any agency or              9,647        

instrumentality of the United States, obligations guaranteed as    9,649        

to principal and interest by the United States, obligations of     9,650        

this state or any political subdivision of this state, and         9,651        

certificates of deposit of any national bank located in this       9,653        

state and any bank, as defined in section 1101.01 of the Revised   9,654        

Code, subject to inspection by the superintendent of financial     9,655        

institutions.  If the law or the instrument creating a trust       9,657        

pursuant to division (I) of this section expressly permits         9,658        

investment in direct obligations of the United States or an        9,659        

agency of the United States, unless expressly prohibited by the    9,660        

instrument, such moneys also may be invested in no front end load  9,661        

money market mutual funds consisting exclusively of obligations    9,662        

of the United States or an agency of the United States and in      9,663        

repurchase agreements, including those issued by the fiduciary     9,664        

itself, secured by obligations of the United States or an agency   9,665        

of the United States; and in collective investment funds           9,666        

established in accordance with section 1111.14 of the Revised      9,668        

Code and consisting exclusively of any such securities,            9,669        

notwithstanding division (A)(1)(c) of that section.  The income    9,671        

from such investments shall be credited to such funds as the       9,673        

issuing authority determines, and such investments may be sold at  9,674        

such times as the issuing authority determines or authorizes.      9,675        

      (O)  Provision may be made in the applicable bond            9,677        

proceedings for the establishment of separate accounts in the      9,678        

bond service fund and for the application of such accounts only    9,679        

to the specified bond service charges on obligations pertinent to  9,680        

such accounts and bond service fund and for other accounts         9,681        

therein within the general purposes of such fund.  Unless          9,682        

                                                          218    


                                                                 
otherwise provided in any applicable bond proceedings, moneys to   9,683        

the credit of or in the several special funds established          9,684        

pursuant to this section shall be disbursed on the order of the    9,685        

treasurer of state, provided that no such order is required for    9,686        

the payment from the bond service fund when due of bond service    9,687        

charges on obligations.                                            9,688        

      (P)  The issuing authority may pledge all, or such portion   9,690        

as the issuing authority determines, of the pledged receipts to    9,691        

the payment of bond service charges on obligations issued under    9,692        

this section, and for the establishment and maintenance of any     9,693        

reserves, as provided in the bond proceedings, and make other      9,694        

provisions therein with respect to pledged receipts as authorized  9,695        

by this chapter, which provisions shall be controlling             9,696        

notwithstanding any other provisions of law pertaining thereto.    9,697        

      (Q)  The issuing authority may covenant in the bond          9,699        

proceedings, and any such covenants shall be controlling           9,700        

notwithstanding any other provision of law, that the state and     9,701        

applicable officers and governmental agencies of the state,        9,702        

including the general assembly, so long as any obligations are     9,704        

outstanding, shall:                                                             

      (1)  Maintain statutory authority for and cause to be        9,706        

operated the state lottery, including the transfers to and from    9,707        

the lottery profits education fund created in section 3770.06 of   9,708        

the Revised Code so that the pledged receipts shall be sufficient  9,709        

in amount to meet bond service charges, and the establishment and  9,710        

maintenance of any reserves and other requirements provided for    9,711        

in the bond proceedings;                                           9,712        

      (2)  Take or permit no action, by statute or otherwise,      9,714        

that would impair the exclusion from gross income for federal      9,715        

income tax purposes of the interest on any obligations designated  9,716        

by the bond proceeding as tax-exempt obligations.                  9,717        

      (R)  There is hereby created the school building program     9,719        

bond service fund, which shall be in the custody of the treasurer  9,720        

of state but shall be separate and apart from and not a part of    9,721        

                                                          219    


                                                                 
the state treasury.  All moneys received by or on account of the   9,722        

issuing authority or state agencies and required by the            9,723        

applicable bond proceedings, consistent with this section, to be   9,724        

deposited, transferred, or credited to the school building         9,725        

program bond service fund, and all other moneys transferred or     9,726        

allocated to or received for the purposes of the fund, shall be    9,727        

deposited and credited to such fund and to any separate accounts   9,728        

therein, subject to applicable provisions of the bond              9,729        

proceedings, but without necessity for any act of appropriation,   9,730        

except as required by section 3770.06 of the Revised Code.         9,731        

During the period beginning with the date of the first issuance    9,732        

of obligations and continuing during such time as any such         9,733        

obligations are outstanding, and so long as moneys in the school   9,734        

building program bond service fund are insufficient to pay all     9,735        

bond service charges on such obligations becoming due in each      9,736        

year, a sufficient amount of the moneys from the lottery profits   9,737        

education fund included in pledged receipts, subject to            9,738        

appropriation for such purpose as provided in section 3770.06 of   9,739        

the Revised Code, are committed and shall be paid to the school    9,740        

building program bond service fund in each year for the purpose    9,741        

of paying the bond service charges becoming due in that year.      9,742        

The school building program bond service fund is a trust fund and  9,743        

is hereby pledged to the payment of bond service charges solely    9,744        

on obligations issued to provide moneys for the school building    9,745        

program assistance fund to the extent provided in the applicable   9,746        

bond proceedings, and payment thereof from such fund shall be      9,747        

made or provided for by the treasurer of state in accordance with  9,748        

such bond proceedings without necessity for any act of             9,749        

appropriation except as required by section 3770.06 of the         9,750        

Revised Code.                                                      9,751        

      (S)  There is hereby created the school facilities bond      9,753        

service fund, which shall be in the custody of the treasurer of    9,754        

state but shall be separate and apart from and not a part of the   9,755        

state treasury.  All moneys received by or on account of the       9,756        

                                                          220    


                                                                 
issuing authority or state agencies and required by the            9,757        

applicable bond proceedings, consistent with this section, to be   9,758        

deposited, transferred, or credited to the school facilities bond  9,759        

service fund, and all other moneys transferred or allocated to or  9,760        

received for the purposes of the fund, shall be deposited and      9,761        

credited to such fund and to any separate accounts therein,        9,762        

subject to applicable provisions of the bond proceedings, but      9,763        

without necessity for any act of appropriation.  During the        9,764        

period beginning with the date of the first issuance of            9,765        

obligations and continuing during such time as any such            9,766        

obligations are outstanding, and so long as moneys in the school   9,767        

facilities bond service fund are insufficient to pay all bond      9,768        

service charges on such obligations becoming due in each year, a   9,769        

sufficient amount of the moneys from the public school building    9,770        

fund included in pledged receipts are committed and shall be paid  9,771        

to the bond service fund in each year for the purpose of paying    9,772        

the bond service charges becoming due in that year.  The school    9,773        

facilities bond service fund is a trust fund and is hereby         9,774        

pledged to the payment of bond service charges on obligations      9,775        

issued to provide moneys for the school districts facilities fund  9,776        

to the extent provided in the applicable bond proceedings, and     9,777        

payment thereof from such fund shall be made or provided for by    9,778        

the treasurer of state in accordance with such bond proceedings    9,779        

without necessity for any act or appropriation.                    9,780        

      (T)  The obligations, the transfer thereof, and the income   9,782        

therefrom, including any profit made on the sale thereof, at all   9,784        

times shall be free from taxation within the state.                             

      Sec. 3318.29.  The maximum maturity of any obligations       9,793        

issued pursuant to section 3318.26 of the Revised Code to provide  9,794        

moneys for the school building program assistance fund shall be    9,795        

ten years.  The terms of the obligations shall be such that in     9,796        

any fiscal year the aggregate amount of moneys from the lottery    9,797        

profits education fund, and not from other sources, that are       9,798        

pledged to pay bond service charges on obligations issued to       9,799        

                                                          221    


                                                                 
provide moneys for the school building program assistance fund     9,800        

shall not exceed ten million dollars.                              9,801        

      As used in this section, "other sources" includes the        9,803        

annual investment income on special funds to the extent the        9,804        

income will be available for payment of any bond service charges   9,805        

in lieu of use of moneys from the lottery profits education fund.  9,806        

The annual investment income shall be estimated on the basis of    9,807        

the expected funding of those special funds and assumed            9,808        

investment earnings thereon at a rate equal to the weighted        9,809        

average yield on investments of those special funds determined as  9,810        

of any date within sixty days immediately preceding the date of    9,811        

issuance of the bonds in respect of which the determination is     9,812        

being made.                                                        9,813        

      The determinations required by this section shall be made    9,815        

by the treasurer of state at the time of issuance of an issue of   9,816        

obligations and shall be conclusive for purposes of such issuance  9,817        

of obligations from and after their issuance and delivery.         9,818        

      The maximum maturity of obligations issued pursuant to       9,820        

section 3318.26 of the Revised Code to provide moneys for the      9,821        

school district facilities fund shall not exceed the maximum       9,822        

maturity of the loan made from such fund pursuant to section       9,823        

3318.24 of the Revised Code utilizing the proceeds of such         9,824        

obligations or ten years, whichever is less.  The terms of the     9,825        

obligations shall be such that in any fiscal year the aggregate    9,826        

amount of moneys from the public school building fund that are     9,827        

pledged to pay bond service charges on obligations issued to       9,828        

provide moneys for the school districts facilities fund shall not  9,829        

exceed an amount which shall be established by the Ohio school     9,830        

facilities commission.                                             9,831        

      Sec. 3318.31.  (A)  The Ohio school facilities commission    9,842        

may perform any act and ensure the performance of any function     9,843        

necessary or appropriate to carry out the purposes of, and         9,844        

exercise the powers granted under, sections 3318.01 to 3318.33     9,845        

AND SECTION 3318.36 of the Revised Code, including any of the      9,846        

                                                          222    


                                                                 
following:                                                         9,847        

      (1)  Employ and fix the compensation of such employees as    9,851        

will facilitate the activities and purposes of the commission,     9,852        

and who shall serve at the pleasure of the commission.                          

      (2)  Adopt, amend, and rescind, pursuant to section 111.15   9,855        

of the Revised Code, rules for the administration of sections      9,857        

3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code.        9,859        

      (3)  Contract with, retain the services of, or designate,    9,862        

and fix the compensation of, such agents, accountants,             9,863        

consultants, advisers, and other independent contractors as may    9,864        

be necessary or desirable to carry out the purposes of sections    9,865        

3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code.        9,866        

      (4)  Receive and accept any gifts, grants, donations, and    9,869        

pledges, and receipts therefrom, to be used for the purposes of    9,870        

sections 3318.01 to 3318.33 AND SECTION 3318.36 of the Revised     9,871        

Code.                                                                           

      (5)  Make and enter into all contracts, commitments, and     9,874        

agreements, and execute all instruments, necessary or incidental   9,875        

to the performance of its duties and the execution of its rights   9,876        

and powers under sections 3318.01 to 3318.33 AND SECTION 3318.36   9,877        

of the Revised Code.                                               9,878        

      (B)  The attorney general shall serve as the legal           9,881        

representative for the commission and may appoint other counsel                 

as necessary for that purpose in accordance with section 109.07    9,883        

of the Revised Code.                                               9,884        

      Sec. 3318.33.  (A)  THERE IS HEREBY CREATED IN THE STATE     9,886        

TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL   9,887        

CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY  9,888        

AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION     9,889        

UNDER SECTION 3318.31 OF THE REVISED CODE.  INVESTMENT EARNINGS    9,891        

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  9,893        

ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING                          

EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING  9,894        

                                                          223    


                                                                 
BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING       9,895        

PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY  9,896        

THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER         9,897        

CHAPTER 3318. OF THE REVISED CODE.                                 9,898        

      (B)  THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO   9,900        

THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT          9,901        

EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION    9,902        

3318.15 OF THE REVISED CODE.  THE DIRECTOR OF BUDGET AND           9,903        

MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION   9,904        

FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM        9,905        

ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED      9,906        

CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL    9,907        

ARBITRAGE REBATE REQUIREMENTS.                                                  

      Sec. 3318.35.  (A)  As used in this section:                 9,916        

      (1)  "Adjusted valuation per pupil" has MEANS the same       9,918        

meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT   9,919        

OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of   9,921        

the Revised Code.                                                               

      (2)  "Ohio school facilities commission" has the same        9,924        

meaning as in section 3318.01 of the Revised Code.                 9,925        

      (B)  The Ohio school facilities commission shall establish   9,928        

and administer the emergency school building repair program.       9,929        

Under the program, the commission shall distribute moneys          9,930        

appropriated by the general assembly for such purpose to school    9,931        

districts, beginning with those districts with an A CURRENT,       9,932        

ONE-YEAR adjusted valuation per pupil less than the CURRENT,       9,934        

ONE-YEAR adjusted valuation per pupil of the school district with  9,935        

the two hundred ninety-third lowest adjusted valuation per pupil   9,936        

in the state.  The commission shall submit to the controlling      9,938        

board for its approval or disapproval requests for allocations of  9,940        

lump sums of money from which the commission may disburse funds    9,941        

to school districts upon determining that the districts qualify    9,942        

for emergency building repair assistance.  Any school district     9,944        

that receives moneys under this section shall expend them only to  9,945        

                                                          224    


                                                                 
repair the following:                                                           

      (1)  Heating systems;                                        9,947        

      (2)  Floors, roofs, and exterior doors;                      9,949        

      (3)  Air ducts and other air ventilation devices;            9,952        

      (4)  Emergency exit or egress passageway lighting;           9,954        

      (5)  Fire alarm systems;                                     9,956        

      (6)  Handicapped access needs;                               9,958        

      (7)  Sewage systems;                                         9,960        

      (8)  Water supplies;                                         9,962        

      (9)  Asbestos removal; and                                   9,964        

      (10)  Any other repairs to a school building that meet the   9,967        

requirements of the life safety code, as interpreted by the        9,968        

commission.                                                                     

      (C)  The Ohio school facilities commission shall adopt       9,971        

rules in accordance with Chapter 119. of the Revised Code          9,972        

necessary to carry out its duties and responsibilities under this  9,973        

section.                                                                        

      Sec. 3318.36.  (A)  AS USED IN THIS SECTION:                 9,975        

      (1)  "OHIO SCHOOL FACILITIES COMMISSION," "CLASSROOM         9,977        

FACILITIES," "SCHOOL DISTRICT," "SCHOOL DISTRICT BOARD," "NET      9,978        

BONDED INDEBTEDNESS," "REQUIRED PERCENTAGE OF THE BASIC PROJECT    9,979        

COSTS," "BASIC PROJECT COST," "VALUATION," AND "PERCENTILE" HAVE   9,980        

THE SAME MEANINGS AS IN SECTION 3318.01 OF THE REVISED CODE.       9,981        

      (2)  "REQUIRED LEVEL OF INDEBTEDNESS" MEANS FIVE PER CENT    9,983        

OF THE SCHOOL DISTRICT'S VALUATION FOR THE YEAR PRECEDING THE      9,984        

YEAR IN WHICH THE COMMISSION AND SCHOOL DISTRICT ENTER INTO AN     9,985        

AGREEMENT UNDER DIVISION (B) OF THIS SECTION, PLUS [TWO            9,987        

ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN    9,988        

WHICH THE DISTRICT RANKS IN THE FISCAL YEAR THE COMMISSION AND     9,989        

THE SCHOOL DISTRICT ENTER INTO SUCH AGREEMENT MINUS ONE)<.         9,990        

      (B)  THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING         9,992        

ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM.  UNDER THE         9,993        

PROGRAM, THE OHIO SCHOOL FACILITIES COMMISSION MAY ENTER INTO AN   9,994        

AGREEMENT WITH THE SCHOOL DISTRICT BOARD OF ANY SCHOOL DISTRICT    9,996        

                                                          225    


                                                                 
RANKED IN THE TWENTIETH TO FORTIETH PERCENTILES, AS DETERMINED                  

UNDER SECTION 3318.011 OF THE REVISED CODE IN THE FISCAL YEAR      9,998        

THAT THE COMMISSION AND SCHOOL DISTRICT BOARD ENTER INTO SUCH      10,000       

AGREEMENT.  UNDER THE AGREEMENT, THE SCHOOL DISTRICT BOARD MAY     10,001       

PROCEED WITH THE NEW CONSTRUCTION OR MAJOR REPAIRS OF A PART OF    10,002       

THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, AS DETERMINED    10,003       

UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THROUGH     10,004       

THE EXPENDITURE OF LOCAL RESOURCES PRIOR TO THE SCHOOL DISTRICT'S  10,005       

ELIGIBILITY FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO         10,006       

3318.20 OF THE REVISED CODE AND MAY APPLY THAT EXPENDITURE TOWARD  10,007       

MEETING THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST    10,008       

OF THE TOTAL OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS,  10,010       

AS DETERMINED UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED     10,011       

CODE AND AS RECALCULATED UNDER DIVISION (E) OF THIS SECTION, THAT  10,012       

ARE ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO        10,013       

3318.20 OF THE REVISED CODE WHEN THE SCHOOL DISTRICT BECOMES       10,015       

ELIGIBLE FOR SUCH STATE ASSISTANCE.                                             

      THE COMMISSION MAY ENTER INTO AN AGREEMENT UNDER THIS        10,017       

SECTION WITH NO MORE THAN FIVE SCHOOL DISTRICTS EACH YEAR.         10,018       

      TO PARTICIPATE IN THE PROGRAM, A SCHOOL DISTRICT BOARD       10,020       

SHALL FIRST ADOPT A RESOLUTION CERTIFYING TO THE COMMISSION THE    10,021       

BOARD'S INTENT TO PARTICIPATE IN THE PROGRAM.                      10,022       

      THE COMMISSION SHALL CONSIDER SCHOOL DISTRICTS FOR           10,024       

PARTICIPATION IN THE PROGRAM UNDER THIS SECTION EACH YEAR IN THE   10,025       

ORDER IN WHICH THEY ADOPT THE RESOLUTIONS REQUIRED UNDER THIS      10,026       

SECTION AND SUBMIT THEM TO THE COMMISSION.                                      

      ANY PROJECT UNDER THIS SECTION SHALL COMPLY WITH SECTION     10,028       

3318.03 OF THE REVISED CODE AND WITH ANY SPECIFICATIONS FOR PLANS  10,029       

AND MATERIALS FOR CLASSROOM FACILITIES ADOPTED BY THE COMMISSION   10,031       

UNDER SECTION 3318.04 OF THE REVISED CODE.                         10,032       

      (C)  IF THE COMMISSION AND A SCHOOL DISTRICT BOARD ENTER     10,034       

INTO AN AGREEMENT AUTHORIZED UNDER DIVISION (B) OF THIS SECTION,   10,035       

THE COMMISSION SHALL CONDUCT ON-SITE VISITS TO THE SCHOOL          10,036       

DISTRICT AND SHALL CONDUCT AN ASSESSMENT OF THE SCHOOL DISTRICT'S  10,038       

                                                          226    


                                                                 
CLASSROOM FACILITIES NEEDS AS AUTHORIZED IN SECTION 3318.021 OF    10,039       

THE REVISED CODE WITHIN SIX MONTHS OF THE EXECUTION OF THE         10,040       

AGREEMENT.  BASED ON THE RESULTS OF THE ON-SITE VISITS AND         10,041       

ASSESSMENT, THE COMMISSION SHALL DETERMINE THE BASIC PROJECT COST  10,042       

OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS.  THE          10,043       

COMMISSION SHALL DETERMINE THE SCHOOL DISTRICT'S PORTION OF SUCH   10,044       

BASIC PROJECT COST, WHICH SHALL BE THE GREATER OF:                 10,045       

      (1)  THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS,     10,047       

DETERMINED BASED ON THE SCHOOL DISTRICT'S PERCENTILE RANKING IN    10,048       

THE FISCAL YEAR THE COMMISSION AND THE SCHOOL DISTRICT ENTER INTO  10,049       

THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION;                  10,050       

      (2)  AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET  10,052       

BONDED INDEBTEDNESS, AS OF THE FISCAL YEAR THE COMMISSION AND THE  10,053       

SCHOOL DISTRICT ENTER INTO THE AGREEMENT UNDER DIVISION (B) OF     10,054       

THIS SECTION, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED      10,055       

LEVEL OF INDEBTEDNESS.                                                          

      (D)(1)  WHEN THE COMMISSION DETERMINES THE BASIC PROJECT     10,057       

COST OF THE CLASSROOM FACILITIES NEEDS OF A SCHOOL DISTRICT AND    10,058       

THE SCHOOL DISTRICT'S PORTION OF THAT BASIC PROJECT COST UNDER     10,060       

DIVISION (C) OF THIS SECTION, THE PROJECT SHALL BE CONDITIONALLY   10,061       

APPROVED. SUCH CONDITIONAL APPROVAL SHALL BE SUBMITTED TO THE      10,062       

CONTROLLING BOARD FOR APPROVAL THEREOF.  THE CONTROLLING BOARD     10,063       

SHALL FORTHWITH APPROVE OR REJECT THE COMMISSION'S DETERMINATION,  10,064       

CONDITIONAL APPROVAL, AND THE AMOUNT OF THE STATE'S PORTION OF     10,065       

THE BASIC PROJECT COST; HOWEVER, NO STATE FUNDS SHALL BE           10,066       

ENCUMBERED UNDER THIS SECTION.  UPON APPROVAL BY THE CONTROLLING   10,067       

BOARD, THE SCHOOL DISTRICT BOARD MAY IDENTIFY A DISCRETE PART OF   10,069       

ITS CLASSROOM FACILITIES NEEDS, WHICH SHALL INCLUDE ONLY NEW       10,070       

CONSTRUCTION OF OR ADDITIONS OR MAJOR REPAIRS TO A PARTICULAR      10,071       

BUILDING, TO ADDRESS WITH LOCAL RESOURCES.  UPON IDENTIFYING A     10,073       

PART OF THE SCHOOL DISTRICT'S BASIC PROJECT COST TO ADDRESS WITH   10,074       

LOCAL RESOURCES, THE SCHOOL DISTRICT BOARD MAY ALLOCATE ANY        10,075       

AVAILABLE SCHOOL DISTRICT MONEYS TO PAY THE COST OF THAT           10,076       

IDENTIFIED PART, INCLUDING THE PROCEEDS OF AN ISSUANCE OF BONDS                 

                                                          227    


                                                                 
IF APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT.                10,078       

      ALL LOCAL RESOURCES UTILIZED UNDER THIS DIVISION SHALL       10,080       

FIRST BE DEPOSITED IN THE PROJECT CONSTRUCTION ACCOUNT REQUIRED    10,081       

UNDER SECTION 3318.08 OF THE REVISED CODE.                                      

      (2)  FOR A SCHOOL DISTRICT TO QUALIFY FOR PARTICIPATION IN   10,083       

THE PROGRAM AUTHORIZED UNDER THIS SECTION, THE ELECTORS OF THE     10,084       

SCHOOL DISTRICT BY A MAJORITY VOTE SHALL APPROVE THE LEVY OF       10,085       

TAXES OUTSIDE THE TEN-MILL LIMITATION FOR A PERIOD NOT TO EXCEED   10,086       

TWENTY-THREE YEARS AT THE RATE OF ONE-HALF MILL FOR EACH DOLLAR    10,087       

OF VALUATION TO BE USED TO PAY THE COST OF MAINTAINING THE         10,088       

CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST AS         10,089       

DETERMINED BY THE COMMISSION.  THE FORM OF THE BALLOT TO BE USED   10,090       

TO SUBMIT THE QUESTION WHETHER TO APPROVE THE TAX REQUIRED UNDER   10,091       

THIS DIVISION TO THE ELECTORS OF THE SCHOOL DISTRICT SHALL BE THE  10,092       

FORM FOR AN ADDITIONAL LEVY OF TAXES PRESCRIBED IN DIVISION (C)    10,093       

OF SECTION 3318.06 OF THE REVISED CODE.  PROCEEDS OF THIS          10,094       

ADDITIONAL LEVY OF TAXES SHALL BE DEPOSITED INTO A SEPARATE FUND   10,095       

AS SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED     10,096       

CODE.                                                                           

      (E)  IF THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE       10,098       

ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE   10,100       

BASED ON ITS PERCENTILE RANKING AS DETERMINED UNDER DIVISION (B)   10,101       

OF THIS SECTION, THE COMMISSION SHALL CONDUCT A NEW ASSESSMENT OF  10,102       

THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS AND SHALL         10,103       

RECALCULATE THE BASIC PROJECT COST BASED ON THIS NEW ASSESSMENT.   10,104       

THE BASIC PROJECT COST RECALCULATED UNDER THIS DIVISION SHALL      10,105       

INCLUDE THE AMOUNT OF EXPENDITURES MADE BY THE SCHOOL DISTRICT     10,106       

BOARD UNDER DIVISION (D)(1) OF THIS SECTION.  THE COMMISSION                    

SHALL THEN RECALCULATE THE SCHOOL DISTRICT'S PORTION OF THE NEW    10,107       

BASIC PROJECT COST BY UTILIZING THE PROPORTION OF THE ORIGINAL     10,108       

BASIC PROJECT COST ASSIGNED TO THE SCHOOL DISTRICT AS ITS PORTION  10,109       

UNDER DIVISION (C) OF THIS SECTION.  THE COMMISSION SHALL DEDUCT   10,110       

THE EXPENDITURE OF SCHOOL DISTRICT MONEYS MADE UNDER DIVISION      10,111       

(D)(1) OF THIS SECTION FROM THE SCHOOL DISTRICT'S PORTION OF THE   10,112       

                                                          228    


                                                                 
BASIC PROJECT COST AS RECALCULATED UNDER THIS DIVISION.  IF THE    10,113       

AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE SCHOOL          10,114       

DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE BASIC       10,116       

PROJECT COST UNDER THIS SECTION IS LESS THAN THE TOTAL AMOUNT OF   10,117       

SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE SCHOOL                    

DISTRICT BOARD BY A MAJORITY VOTE OF ALL OF ITS MEMBERS SHALL, IF  10,118       

IT DESIRES TO SEEK STATE ASSISTANCE UNDER SECTIONS 3318.01 TO      10,119       

3318.20 OF THE REVISED CODE, ADOPT A RESOLUTION AS SPECIFIED IN    10,121       

SECTION 3318.06 OF THE REVISED CODE TO SUBMIT TO THE ELECTORS OF   10,123       

THE SCHOOL DISTRICT THE QUESTION OF APPROVAL OF A BOND ISSUE IN    10,124       

ORDER TO PAY ANY ADDITIONAL AMOUNT OF SCHOOL DISTRICT PORTION      10,125       

REQUIRED FOR STATE ASSISTANCE.  THE TAX LEVY APPROVED UNDER        10,126       

DIVISION (D)(2) OF THIS SECTION SHALL SATISFY THE REQUIREMENTS TO  10,127       

LEVY THE ONE-HALF MILL ADDITIONAL TAX UNDER SECTION 3318.06 OF     10,128       

THE REVISED CODE.                                                               

      IF THE AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE    10,130       

SCHOOL DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE      10,131       

BASIC PROJECT COST UNDER THIS SECTION IS MORE THAN THE TOTAL       10,132       

AMOUNT OF SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE    10,133       

COMMISSION MAY REIMBURSE TO THE SCHOOL DISTRICT THE DIFFERENCE     10,134       

BETWEEN THE TWO CALCULATED PORTIONS, BUT AT NO TIME SHALL THE      10,135       

COMMISSION EXPEND ANY STATE FUNDS ON A PROJECT IN AN AMOUNT        10,136       

GREATER THAN THE STATE'S PORTION OF THE BASIC PROJECT COST AS      10,137       

RECALCULATED UNDER THIS DIVISION.                                  10,138       

      Sec. 3319.081.  Except as otherwise provided in division     10,147       

(G) of this section, in all school districts wherein the           10,148       

provisions of Chapter 124. of the Revised Code do not apply, the   10,149       

following employment contract system shall control for employees   10,150       

whose contracts of employment are not otherwise provided by law:   10,151       

      (A)  Newly hired regular nonteaching school employees,       10,153       

including regular hourly rate and per diem employees, shall enter  10,154       

into written contracts for their employment which shall be for a   10,155       

period of not more than one year.  If such employees are rehired,  10,156       

their subsequent contract shall be for a period of two years.      10,157       

                                                          229    


                                                                 
      (B)  After the termination of the two-year contract          10,159       

provided in division (A) of this section, if the contract of a     10,160       

nonteaching employee is renewed, the employee shall be continued   10,161       

in employment, and the salary provided in the contract may be      10,162       

increased but not reduced unless such reduction is a part of a     10,163       

uniform plan affecting the nonteaching employees of the entire     10,164       

district.                                                          10,165       

      (C)  The contracts as provided for in this section may be    10,167       

terminated by a majority vote of the board of education.  Such     10,168       

contracts may be terminated only FOR REASONS OF EFFICIENCY AND     10,169       

ECONOMY, for violation of written rules and regulations as set     10,171       

forth by the board of education, or for incompetency,              10,172       

inefficiency, dishonesty, drunkenness, immoral conduct,            10,173       

insubordination, discourteous treatment of the public, neglect of  10,174       

duty, or any other acts of misfeasance, malfeasance, or            10,175       

nonfeasance.  In addition to the right of the board of education   10,176       

to terminate the contract of an employee, the board may suspend    10,177       

an employee for a definite period of time or demote the employee   10,178       

for the reasons set forth in this division.  The action of the     10,179       

board of education terminating the contract of an employee or      10,180       

suspending or demoting him THE EMPLOYEE shall be served upon the   10,181       

employee by certified mail.  Within ten days following the         10,182       

receipt of such notice by the employee, the employee may file an   10,183       

appeal, in writing, with the court of common pleas of the county   10,184       

in which such school board is situated.  After hearing the appeal  10,185       

the common pleas court may affirm, disaffirm, or modify the        10,186       

action of the school board.                                        10,187       

      A violation of division (A)(7) of section 2907.03 of the     10,189       

Revised Code is grounds for termination of employment of a         10,190       

nonteaching employee under this division.                          10,191       

      (D)  All employees who have been employed by a school        10,193       

district where the provisions of Chapter 124. of the Revised Code  10,194       

do not apply, for a period of at least three years on November     10,195       

24, 1967, shall hold continuing contracts of employment pursuant   10,196       

                                                          230    


                                                                 
to this section.                                                   10,197       

      (E)  Any nonteaching school employee may terminate his THE   10,199       

NONTEACHING SCHOOL EMPLOYEE'S contract of employment thirty days   10,201       

subsequent to the filing of a written notice of such termination   10,202       

with the treasurer of the board.                                   10,203       

      (F)  A person hired exclusively for the purpose of           10,205       

replacing a nonteaching school employee while such employee is on  10,206       

leave of absence granted under section 3319.13 of the Revised      10,207       

Code is not a regular nonteaching school employee under this       10,208       

section.                                                           10,209       

      (G)  All nonteaching employees employed pursuant to this     10,211       

section and Chapter 124. of the Revised Code shall be paid for     10,212       

all time lost when the schools in which they are employed are      10,213       

closed owing to an epidemic or other public calamity.  Nothing in  10,214       

this division shall be construed as requiring payment in excess    10,215       

of an employee's regular wage rate or salary for any time worked                

while the school in which he THE EMPLOYEE is employed is           10,216       

officially closed for the reasons set forth in this division.      10,217       

      Sec. 3319.22.  (A)  The state board of education shall       10,226       

adopt rules establishing the standards and requirements for        10,227       

obtaining temporary, associate, provisional, and professional      10,228       

educator licenses of any categories, types, and levels the board   10,229       

elects to provide.  However, no educator license shall be          10,230       

required for teaching children two years old or younger.                        

      (B)  Any rules the state board of education adopts, amends,  10,232       

or rescinds for educator licenses under this section, division     10,233       

(D) of section 3301.07 of the Revised Code, or any other law       10,234       

shall be adopted, amended, or rescinded under Chapter 119. of the  10,235       

Revised Code except as follows:                                    10,236       

      (1)  Notwithstanding division (D) of section 119.03 and      10,239       

division (A)(1) of section 119.04 of the Revised Code, the         10,240       

effective date of any rules, or amendment or rescission of any     10,241       

rules, shall not be as prescribed in division (D) of section       10,242       

119.03 and division (A)(1) of section 119.04 of the Revised Code.  10,243       

                                                          231    


                                                                 
Instead, the rules or amendment or rescission of the rules shall   10,244       

take effect only after the rules or amendment or rescission of     10,245       

the rules are filed with the chairpersons of the committees of     10,246       

the house of representatives and of the senate that are primarily  10,247       

responsible for consideration of education legislation and only    10,248       

after approval by the general assembly through adoption of a       10,249       

concurrent resolution by a majority of the members of both the                  

house of representatives and the senate.  The effective date of    10,250       

the rules shall be the later of the date on which the concurrent   10,251       

resolution is adopted by the second house or the date prescribed   10,252       

by section 3319.23 of the Revised Code.                                         

      (2)  Notwithstanding the authority to adopt, amend, or       10,254       

rescind emergency rules in division (F) of section 119.03 of the   10,255       

Revised Code, this authority shall not apply to the state board    10,256       

of education with regard to rules for educator licenses.           10,257       

      (C)(1)  The rules adopted under this section establishing    10,259       

standards requiring additional coursework for the renewal of any   10,260       

educator license shall require a school district and a chartered   10,261       

nonpublic school to establish local professional development       10,262       

committees.  In a nonpublic school, the chief administrative       10,263       

officer shall establish the committees in any manner acceptable                 

to such officer.  The committees established under this division   10,264       

shall determine whether coursework that a district or chartered    10,265       

nonpublic school teacher proposes to complete meets the            10,266       

requirement of the rules.  The rules shall establish a procedure   10,267       

by which a teacher may appeal the decision of a local              10,268       

professional development committee.                                             

      (2)  In any school district in which there is no exclusive   10,270       

representative established under Chapter 4117. of the Revised      10,271       

Code, the professional development committees shall be             10,272       

established as described in division (C)(2) of this section.       10,273       

      Not later than the effective date of the rules adopted       10,275       

under this section, the board of education of each school          10,276       

district shall establish the structure for one or more local       10,277       

                                                          232    


                                                                 
professional development committees to be operated by such school  10,278       

district.  The committee structure so established by a district                 

board shall remain in effect unless within thirty days prior to    10,279       

an anniversary of the date upon which the current committee        10,280       

structure was established, the board provides notice to all        10,281       

affected district employees that the committee structure is to be  10,282       

modified.  Professional development committees may have a                       

district-level or building-level scope of operations, and may be   10,283       

established with regard to particular grade or age levels for      10,285       

which an educator license is designated.                           10,286       

      Each professional development committee shall consist of at  10,288       

least three classroom teachers employed by the district, one       10,289       

principal employed by the district, and one other employee of the  10,290       

district appointed by the district superintendent.  For            10,291       

committees with a building-level scope, the teacher and principal  10,293       

members shall be assigned to that building, and the teacher                     

members shall be elected by majority vote of the classroom         10,294       

teachers assigned to that building.  For committees with a         10,295       

district-level scope, the teacher members shall be elected by      10,297       

majority vote of the classroom teachers of the district, and the   10,298       

principal member shall be elected by a majority vote of the                     

principals of the district, unless there are two or fewer          10,299       

principals employed by the district, in which case the one or two  10,300       

principals employed shall serve on the committee.  If a committee  10,301       

has a particular grade or age level scope, the teacher members     10,302       

shall be licensed to teach such grade or age levels, and shall be  10,303       

elected by majority vote of the classroom teachers holding such a               

license and the principal shall be elected by all principals       10,304       

serving in buildings where any such teachers serve.  The district  10,305       

superintendent shall appoint a replacement to fill any vacancy     10,306       

that occurs on a professional development committee, except in     10,307       

the case of vacancies among the elected classroom teacher                       

members, which shall be filled by vote of the remaining members    10,308       

of the committee so selected.                                      10,309       

                                                          233    


                                                                 
      Terms of office on professional development committees       10,311       

shall be prescribed by the district board establishing the         10,312       

committees.  The conduct of elections for members of professional  10,313       

development committees shall be prescribed by the district board   10,314       

establishing the committees.  A professional development                        

committee may include additional members, except that the          10,315       

majority of members on each such committee shall be classroom      10,316       

teachers employed by the district.  Any member appointed to fill   10,317       

a vacancy occurring prior to the expiration date of the term for   10,318       

which a predecessor was appointed shall hold office as a member    10,319       

for the remainder of that term.                                                 

      The initial meeting of any professional development          10,321       

committee, upon election and appointment of all committee          10,322       

members, shall be called by a member designated by the district    10,323       

superintendent.  At this initial meeting, the committee shall      10,324       

select a chairperson and such other officers the committee deems   10,325       

necessary, and shall adopt rules for the conduct of its meetings.               

Thereafter, the committee shall meet at the call of the            10,326       

chairperson or upon the filing of a petition with the district     10,327       

superintendent signed by a majority of the committee members       10,328       

calling for the committee to meet.                                              

      (3)  In the case of a school district in which an exclusive  10,330       

representative has been established pursuant to Chapter 4117. of   10,331       

the Revised Code, professional development committees shall be     10,332       

established in accordance with any collective bargaining           10,333       

agreement in effect in the district that includes provisions for                

such committees.                                                   10,334       

      If the collective bargaining agreement does not specify a    10,336       

different method for the selection of teacher members of the       10,337       

committees, the exclusive representative of the district's         10,338       

teachers shall select the teacher members.                                      

      If the collective bargaining agreement does not specify a    10,340       

different structure for the committees, the board of education of  10,341       

the school district shall establish the structure, including the   10,342       

                                                          234    


                                                                 
number of committees and the number of teacher and administrative  10,343       

members on each committee; the specific administrative members to  10,344       

be part of each committee; whether the scope of the committees     10,345       

will be district levels, building level LEVELS, or by type of      10,346       

grade or age levels for which educator licenses are designated;    10,347       

the lengths of terms for members; the manner of filling vacancies  10,348       

on the committees; and the frequency and time and place of         10,349       

meetings.  However, in all cases, except as provided in division   10,350       

(C)(4) of this section, there shall be a majority of teacher       10,351       

members of any professional development committee, there shall be  10,352       

at least five total members of any professional development                     

committee, and the exclusive representative shall designate        10,353       

replacement members in the case of vacancies among teacher         10,354       

members, unless the collective bargaining agreement specifies a    10,355       

different method of selecting such replacements.                   10,356       

      (4)  Whenever an administrator's coursework plan is being    10,359       

discussed or voted upon, the local professional development        10,360       

committee shall, at the request of one of its administrative       10,361       

members, cause a majority of the committee to consist of           10,362       

administrative members by reducing the number of teacher members   10,363       

voting on the plan.                                                10,364       

      (D)(1)  THE DEPARTMENT OF EDUCATION, EDUCATIONAL SERVICE     10,366       

CENTERS, COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL     10,367       

DISABILITIES, REGIONAL PROFESSIONAL DEVELOPMENT CENTERS, SPECIAL   10,368       

EDUCATION REGIONAL RESOURCE CENTERS, COLLEGE AND UNIVERSITY        10,369       

DEPARTMENTS OF EDUCATION, HEAD START PROGRAMS, THE OHIO SCHOOLNET  10,371       

COMMISSION, AND THE OHIO EDUCATION COMPUTER NETWORK MAY ESTABLISH  10,372       

LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES TO DETERMINE WHETHER     10,373       

THE COURSEWORK PROPOSED BY THEIR EMPLOYEES WHO ARE LICENSED OR     10,375       

CERTIFICATED UNDER THIS SECTION OR SECTION 3319.222 OF THE         10,376       

REVISED CODE MEET THE REQUIREMENTS OF THE RULES ADOPTED UNDER      10,377       

THIS SECTION.  THEY MAY ESTABLISH LOCAL PROFESSIONAL DEVELOPMENT   10,378       

COMMITTEES ON THEIR OWN OR IN COLLABORATION WITH A SCHOOL          10,379       

DISTRICT OR OTHER AGENCY HAVING AUTHORITY TO ESTABLISH THEM.       10,380       

                                                          235    


                                                                 
      LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES ESTABLISHED BY     10,382       

COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL              10,383       

DISABILITIES SHALL BE STRUCTURED IN A MANNER COMPARABLE TO THE     10,384       

STRUCTURES PRESCRIBED FOR SCHOOL DISTRICTS IN DIVISIONS (C)(2)     10,385       

AND (3) OF THIS SECTION, AS SHALL THE COMMITTEES ESTABLISHED BY    10,386       

ANY OTHER ENTITY SPECIFIED IN DIVISION (D)(1) OF THIS SECTION      10,387       

THAT PROVIDES EDUCATIONAL SERVICES BY EMPLOYING OR CONTRACTING     10,388       

FOR SERVICES OF CLASSROOM TEACHERS LICENSED OR CERTIFICATED UNDER  10,390       

THIS SECTION OR SECTION 3319.222 OF THE REVISED CODE.  ALL OTHER   10,391       

ENTITIES SPECIFIED IN DIVISION (D)(1) OF THIS SECTION SHALL        10,393       

STRUCTURE THEIR COMMITTEES IN ACCORDANCE WITH GUIDELINES WHICH     10,394       

SHALL BE ISSUED BY THE STATE BOARD.                                             

      (2)  ANY PUBLIC AGENCY THAT IS NOT SPECIFIED IN DIVISION     10,396       

(D)(1) OF THIS SECTION BUT PROVIDES EDUCATIONAL SERVICES AND       10,397       

EMPLOYS OR CONTRACTS FOR SERVICES OF CLASSROOM TEACHERS LICENSED   10,398       

OR CERTIFICATED UNDER THIS SECTION OR SECTION 3319.222 OF THE      10,399       

REVISED CODE MAY ESTABLISH A LOCAL PROFESSIONAL DEVELOPMENT        10,400       

COMMITTEE, SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF            10,401       

EDUCATION.  THE COMMITTEE SHALL BE STRUCTURED IN ACCORDANCE WITH   10,403       

GUIDELINES ISSUED BY THE STATE BOARD.                                           

      Sec. 3319.235.  (A)  The standards for the preparation of    10,412       

teachers adopted under section 3319.23 of the Revised Code shall   10,413       

require any institution that provides a course of study for the    10,414       

training of teachers to ensure that graduates of such course of    10,415       

study are skilled at integrating educational technology in the     10,416       

instruction of children, as evidenced by the graduate having                    

either demonstrated proficiency in such skills in a manner         10,417       

prescribed by the department of education or completed a course    10,418       

that includes training in such skills.                             10,419       

      (B)  The office of information, learning, and technology     10,422       

OHIO SCHOOLNET COMMISSION, established in division (B) of          10,423       

PURSUANT TO section 3301.80 of the Revised Code, shall establish   10,425       

model professional development programs to assist teachers who                  

completed their teacher preparation prior to the effective date    10,427       

                                                          236    


                                                                 
of division (A) of this section to become skilled at integrating   10,428       

educational technology in the instruction of children.  The        10,429       

office COMMISSION shall provide technical assistance to school     10,431       

districts wishing to establish such programs.                                   

      Sec. 3324.01.  AS USED IN THIS SECTION AND SECTIONS 3324.02  10,433       

THROUGH 3324.06 OF THE REVISED CODE:                               10,434       

      (A)  "APPROVED" MEANS APPROVED BY THE DEPARTMENT OF          10,436       

EDUCATION AND INCLUDED ON THE LIST COMPILED BY THE DEPARTMENT      10,437       

UNDER SECTION 3324.02 OF THE REVISED CODE.                         10,438       

      (B)  "GIFTED" MEANS STUDENTS WHO PERFORM OR SHOW POTENTIAL   10,441       

FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN                 

COMPARED TO OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT AND    10,443       

WHO ARE IDENTIFIED UNDER DIVISION (A), (B), (C), OR (D) OF         10,444       

SECTION 3324.03 OF THE REVISED CODE.                               10,446       

      (C)  "SCHOOL DISTRICT" DOES NOT INCLUDE A JOINT VOCATIONAL   10,448       

SCHOOL DISTRICT.                                                   10,449       

      (D)  "SPECIFIC ACADEMIC ABILITY FIELD" MEANS ONE OR MORE OF  10,451       

THE FOLLOWING AREAS OF INSTRUCTION:                                10,452       

      (1)  MATHEMATICS;                                            10,454       

      (2)  SCIENCE;                                                10,456       

      (3)  READING, WRITING, OR A COMBINATION OF THESE SKILLS;     10,458       

      (4)  SOCIAL STUDIES.                                         10,460       

      Sec. 3324.02.  (A)  THE DEPARTMENT OF EDUCATION SHALL        10,462       

CONSTRUCT LISTS OF EXISTING ASSESSMENT INSTRUMENTS IT APPROVES     10,463       

FOR USE BY SCHOOL DISTRICTS, AND MAY INCLUDE ON THE LISTS AND      10,464       

MAKE AVAILABLE TO SCHOOL DISTRICTS ADDITIONAL ASSESSMENT                        

INSTRUMENTS DEVELOPED BY THE DEPARTMENT.  WHEREVER POSSIBLE, THE   10,465       

DEPARTMENT SHALL APPROVE ASSESSMENT INSTRUMENTS THAT UTILIZE       10,466       

NATIONALLY RECOGNIZED STANDARDS FOR SCORING OR ARE NATIONALLY      10,467       

NORMED.  THE LISTS OF INSTRUMENTS SHALL INCLUDE:                   10,468       

      (1)  INITIAL SCREENING INSTRUMENTS FOR USE IN SELECTING      10,470       

POTENTIALLY GIFTED STUDENTS FOR FURTHER ASSESSMENT;                10,471       

      (2)  INSTRUMENTS FOR IDENTIFYING GIFTED STUDENTS UNDER       10,474       

SECTION 3324.03 OF THE REVISED CODE.                                            

                                                          237    


                                                                 
      (B)  THE DEPARTMENT SHALL ALSO ADOPT RULES FOR THE           10,476       

ADMINISTRATION OF ANY TESTS OR ASSESSMENT INSTRUMENTS IT APPROVES  10,477       

ON THE LIST REQUIRED BY DIVISION (A) OF THIS SECTION AND FOR       10,478       

ESTABLISHING THE SCORES OR PERFORMANCE LEVELS REQUIRED UNDER       10,479       

SECTION 3324.03 OF THE REVISED CODE.                               10,480       

      (C)  THE DEPARTMENT SHALL ENSURE THAT THE APPROVED LIST OF   10,482       

ASSESSMENT INSTRUMENTS UNDER THIS SECTION INCLUDES INSTRUMENTS     10,483       

THAT ALLOW FOR APPROPRIATE SCREENING AND IDENTIFICATION OF GIFTED  10,484       

MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH DISABILITIES,   10,486       

AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE.                             

      (D)  DISTRICTS SHALL SELECT SCREENING AND IDENTIFICATION     10,488       

INSTRUMENTS  FROM THE APPROVED LISTS FOR INCLUSION IN THEIR        10,489       

DISTRICT POLICIES.                                                 10,490       

      (E)  THE DEPARTMENT SHALL MAKE INITIAL LISTS OF APPROVED     10,492       

ASSESSMENT INSTRUMENTS AND THE RULES FOR THE ADMINISTRATION OF     10,493       

THE INSTRUMENTS AVAILABLE BY SEPTEMBER 1, 1999.                    10,494       

      Sec. 3324.03.  THE BOARD OF EDUCATION OF EACH SCHOOL         10,496       

DISTRICT SHALL IDENTIFY GIFTED STUDENTS IN GRADES KINDERGARTEN     10,497       

THROUGH TWELVE AS FOLLOWS:                                         10,498       

      (A)  A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SUPERIOR   10,500       

COGNITIVE ABILITY" IF THE STUDENT DID EITHER OF THE FOLLOWING      10,501       

WITHIN THE PRECEDING TWENTY-FOUR MONTHS:                           10,502       

      (1)  SCORED TWO STANDARD DEVIATIONS ABOVE THE MEAN, MINUS    10,504       

THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED INDIVIDUAL       10,505       

STANDARDIZED INTELLIGENCE TEST ADMINISTERED BY A LICENSED          10,506       

PSYCHOLOGIST;                                                                   

      (2)  ACCOMPLISHED ANY ONE OF THE FOLLOWING:                  10,508       

      (a)  SCORED AT LEAST TWO STANDARD DEVIATIONS ABOVE THE       10,510       

MEAN, MINUS THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED      10,511       

STANDARDIZED GROUP INTELLIGENCE TEST;                              10,512       

      (b)  PERFORMED AT OR ABOVE THE NINETY-FIFTH PERCENTILE ON    10,514       

AN APPROVED INDIVIDUAL OR GROUP STANDARDIZED BASIC OR COMPOSITE    10,515       

BATTERY OF A NATIONALLY NORMED ACHIEVEMENT TEST;                   10,516       

      (c)  ATTAINED AN APPROVED SCORE ON ONE OR MORE ABOVE-GRADE   10,518       

                                                          238    


                                                                 
LEVEL STANDARDIZED, NATIONALLY NORMED APPROVED TESTS.              10,519       

      (B)  A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SPECIFIC   10,521       

ACADEMIC ABILITY" SUPERIOR TO THAT OF CHILDREN OF SIMILAR AGE IN   10,522       

A SPECIFIC ACADEMIC ABILITY FIELD IF WITHIN THE PRECEDING          10,524       

TWENTY-FOUR MONTHS THE STUDENT PERFORMS AT OR ABOVE THE                         

NINETY-FIFTH PERCENTILE AT THE NATIONAL LEVEL ON AN APPROVED       10,526       

INDIVIDUAL OR GROUP STANDARDIZED ACHIEVEMENT TEST OF SPECIFIC      10,527       

ACADEMIC ABILITY IN THAT FIELD.  A STUDENT MAY BE IDENTIFIED AS    10,528       

GIFTED IN MORE THAN ONE SPECIFIC ACADEMIC ABILITY FIELD.           10,529       

      (C)  A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "CREATIVE   10,531       

THINKING ABILITY" SUPERIOR TO CHILDREN OF A SIMILAR AGE, IF        10,532       

WITHIN THE PREVIOUS TWENTY-FOUR MONTHS,  THE STUDENT SCORED ONE    10,533       

STANDARD DEVIATION ABOVE THE MEAN, MINUS THE STANDARD ERROR OF     10,534       

MEASUREMENT, ON AN APPROVED INDIVIDUAL OR GROUP INTELLIGENCE TEST  10,535       

AND ALSO DID EITHER OF THE FOLLOWING:                              10,536       

      (1)  ATTAINED A SUFFICIENT SCORE, AS ESTABLISHED BY THE      10,538       

DEPARTMENT OF EDUCATION, ON AN APPROVED INDIVIDUAL OR GROUP TEST   10,539       

OF CREATIVE ABILITY;                                               10,540       

      (2)  EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY     10,542       

THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF CREATIVE  10,543       

BEHAVIORS.                                                         10,544       

      (D)  A STUDENT SHALL BE IDENTIFIED AS EXHIBITING  "VISUAL    10,546       

OR PERFORMING ARTS ABILITY" SUPERIOR TO THAT OF CHILDREN OF        10,547       

SIMILAR AGE IF THE STUDENT HAS DONE BOTH OF THE FOLLOWING:         10,548       

      (1)  DEMONSTRATED THROUGH A DISPLAY OF WORK, AN AUDITION,    10,550       

OR OTHER PERFORMANCE OR EXHIBITION, SUPERIOR ABILITY IN A VISUAL   10,551       

OR PERFORMING ARTS AREA;                                           10,552       

      (2)  EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY     10,554       

THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF           10,555       

BEHAVIORS RELATED TO A SPECIFIC ARTS AREA.                         10,556       

      Sec. 3324.04.  THE BOARD OF EDUCATION OF EACH SCHOOL         10,558       

DISTRICT SHALL ADOPT A PLAN BY JANUARY 1, 2000, FOR IDENTIFYING    10,559       

GIFTED STUDENTS.  THE PLAN SHALL BE SUBMITTED TO THE DEPARTMENT    10,560       

OF EDUCATION FOR APPROVAL.  THE DEPARTMENT SHALL APPROVE THE PLAN  10,562       

                                                          239    


                                                                 
WITHIN SIXTY DAYS IF IT CONTAINS ALL OF THE FOLLOWING:                          

      (A)  A DESCRIPTION OF THE  ASSESSMENT INSTRUMENTS FROM THE   10,564       

LIST ADOPTED BY THE DEPARTMENT THAT THE DISTRICT WILL USE TO       10,565       

SCREEN AND IDENTIFY GIFTED STUDENTS;                               10,566       

      (B)  ACCEPTABLE SCHEDULING PROCEDURES FOR SCREENING AND FOR  10,568       

ADMINISTERING ASSESSMENT INSTRUMENTS FOR IDENTIFYING GIFTED        10,569       

STUDENTS.  THESE PROCEDURES SHALL PROVIDE:                         10,571       

      (1)  AT LEAST TWO OPPORTUNITIES A YEAR FOR ASSESSMENT IN     10,573       

THE CASE OF STUDENTS REQUESTING ASSESSMENT OR RECOMMENDED FOR      10,574       

ASSESSMENT BY TEACHERS, PARENTS, OR OTHER STUDENTS;                10,575       

      (2)  ASSURANCE OF INCLUSION IN SCREENING AND ASSESSMENT      10,577       

PROCEDURES FOR MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH  10,578       

DISABILITIES, AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE;  10,579       

      (3)  ASSURANCE THAT ANY STUDENT TRANSFERRING INTO THE        10,581       

DISTRICT WILL BE ASSESSED WITHIN NINETY DAYS OF THE TRANSFER AT    10,582       

THE REQUEST OF A PARENT.                                           10,583       

      (C)  PROCEDURES FOR NOTIFICATION OF PARENTS WITHIN THIRTY    10,585       

DAYS ABOUT THE RESULTS OF ANY SCREENING PROCEDURE OR ASSESSMENT    10,586       

INSTRUMENT AND THE PROVISION OF AN OPPORTUNITY FOR PARENTS TO      10,587       

APPEAL ANY DECISION ABOUT THE RESULTS OF ANY SCREENING PROCEDURE   10,588       

OR ASSESSMENT, THE SCHEDULING OF CHILDREN FOR ASSESSMENT, OR THE   10,589       

PLACEMENT OF A STUDENT IN ANY PROGRAM OR FOR RECEIPT OF SERVICES;  10,590       

      (D)  A COMMITMENT THAT THE DISTRICT WILL ACCEPT SCORES ON    10,592       

ASSESSMENT INSTRUMENTS PROVIDED BY OTHER SCHOOL DISTRICTS OR       10,593       

TRAINED PERSONNEL OUTSIDE THE SCHOOL DISTRICT, PROVIDED THE        10,594       

ASSESSMENT INSTRUMENTS ARE ON THE LIST APPROVED BY THE DEPARTMENT  10,595       

OF EDUCATION UNDER SECTION 3324.02 OF THE REVISED CODE.            10,596       

      THE DISTRICT'S PLAN MAY PROVIDE FOR THE DISTRICT TO          10,598       

CONTRACT WITH ANY QUALIFIED PUBLIC OR PRIVATE SERVICE PROVIDER TO  10,599       

PROVIDE SCREENING OR ASSESSMENT SERVICES UNDER THE PLAN.           10,600       

      THE DEPARTMENT SHALL ASSIST ANY DISTRICT WHOSE PLAN IT       10,602       

DISAPPROVES UNDER THIS SECTION TO AMEND THE PLAN SO THAT IT MEETS  10,603       

THE REQUIREMENTS OF THIS SECTION.                                  10,604       

      Sec. 3324.05.  (A)  EACH SCHOOL DISTRICT SHALL SUBMIT AN     10,606       

                                                          240    


                                                                 
ANNUAL REPORT TO THE DEPARTMENT OF EDUCATION SPECIFYING THE        10,607       

NUMBER OF STUDENTS IN EACH OF GRADES KINDERGARTEN THROUGH TWELFTH  10,608       

SCREENED, THE NUMBER ASSESSED, AND THE NUMBER IDENTIFIED AS        10,609       

GIFTED IN EACH CATEGORY SPECIFIED IN SECTION 3324.03 OF THE        10,610       

REVISED CODE.                                                                   

      (B)  THE DEPARTMENT OF EDUCATION SHALL AUDIT EACH SCHOOL     10,612       

DISTRICT'S IDENTIFICATION NUMBERS AT LEAST ONCE EVERY THREE YEARS  10,613       

AND MAY SELECT ANY DISTRICT AT RANDOM OR UPON COMPLAINT OR         10,615       

SUSPICION OF NONCOMPLIANCE FOR A FURTHER AUDIT TO DETERMINE                     

COMPLIANCE WITH SECTIONS 3324.03  TO 3324.06 OF THE REVISED CODE.  10,617       

      (C)  THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO    10,619       

ANY DISTRICT FOUND IN NONCOMPLIANCE UNDER DIVISION (B) OF THIS     10,620       

SECTION.  THE DEPARTMENT MAY REDUCE FUNDS RECEIVED BY THE          10,621       

DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE BY ANY AMOUNT IF  10,622       

THE DISTRICT CONTINUES TO BE NONCOMPLIANT.                         10,624       

      Sec. 3324.06.   THE BOARD OF EDUCATION OF EACH SCHOOL        10,626       

DISTRICT SHALL ADOPT A STATEMENT OF ITS POLICY FOR THE SCREENING   10,627       

AND IDENTIFICATION OF GIFTED STUDENTS AND SHALL DISTRIBUTE THE     10,628       

POLICY STATEMENT TO PARENTS.  THE POLICY STATEMENT SHALL SPECIFY:  10,629       

      (A)  THE CRITERIA AND METHODS THE DISTRICT USES TO SCREEN    10,631       

STUDENTS AND TO SELECT STUDENTS FOR FURTHER ASSESSMENT WHO         10,632       

PERFORM OR SHOW POTENTIAL FOR PERFORMING AT REMARKABLY HIGH        10,633       

LEVELS OF ACCOMPLISHMENT IN ONE OF THE GIFTED AREAS SPECIFIED IN   10,635       

SECTION 3324.03 OF THE REVISED CODE;                                            

      (B)  THE SOURCES OF ASSESSMENT DATA THE DISTRICT USES TO     10,637       

SELECT STUDENTS FOR FURTHER TESTING AND AN EXPLANATION FOR         10,638       

PARENTS OF THE MULTIPLE ASSESSMENT INSTRUMENTS REQUIRED TO         10,640       

IDENTIFY GIFTED STUDENTS UNDER SECTION 3324.03 OF THE REVISED      10,641       

CODE;                                                                           

      (C)  AN EXPLANATION FOR PARENTS OF THE METHODS THE DISTRICT  10,643       

USES TO ENSURE EQUAL ACCESS TO SCREENING AND FURTHER ASSESSMENT    10,644       

BY ALL DISTRICT STUDENTS, INCLUDING MINORITY OR DISADVANTAGED      10,646       

STUDENTS, CHILDREN WITH DISABILITIES,  AND STUDENTS FOR WHOM       10,647       

ENGLISH IS A SECOND LANGUAGE;                                                   

                                                          241    


                                                                 
      (D)  PROVISIONS TO ENSURE EQUAL OPPORTUNITY FOR ALL          10,649       

DISTRICT STUDENTS IDENTIFIED AS GIFTED TO RECEIVE ANY SERVICES     10,650       

OFFERED BY THE DISTRICT;                                           10,651       

      (E)  PROVISIONS FOR STUDENTS TO WITHDRAW FROM GIFTED         10,653       

PROGRAMS OR SERVICES, FOR REASSESSMENT OF STUDENTS, AND FOR        10,654       

ASSESSMENT OF STUDENTS TRANSFERRING INTO THE DISTRICT;             10,655       

      (F)  METHODS FOR RESOLVING DISAGREEMENTS BETWEEN PARENTS     10,657       

AND THE DISTRICT CONCERNING IDENTIFICATION AND PLACEMENT           10,658       

DECISIONS.                                                                      

      A COPY OF THE DISTRICT'S POLICY ADOPTED UNDER THIS SECTION   10,660       

SHALL ACCOMPANY THE DISTRICT'S PLAN SUBMITTED TO THE DEPARTMENT    10,661       

OF EDUCATION UNDER SECTION 3324.04 OF THE REVISED CODE.            10,662       

      Sec. 3332.05.  (A)  The state board of proprietary school    10,671       

registration shall issue a certificate of registration to an       10,672       

applicant of good reputation seeking to offer one or more          10,673       

programs upon receipt of the fee established in accordance with    10,674       

section 3332.07 of the Revised Code and upon determining the       10,675       

applicant has the facilities, resources, and faculty to provide    10,676       

students with the kind of instruction that it proposes to offer    10,677       

and meets the minimum standards of the board.  A certificate of    10,678       

registration shall be granted or denied within one hundred twenty  10,679       

days of the receipt of the application therefor by the board.  A   10,680       

person shall obtain a separate certificate for each location at    10,681       

which he THE PERSON offers programs.  A THE FIRST certificate of   10,683       

registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS         10,684       

AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS      10,685       

EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF    10,686       

THE REVISED CODE.  ANY OTHER CERTIFICATE OF REGISTRATION is valid  10,687       

for two years, unless earlier revoked for cause by the board       10,688       

UNDER THAT SECTION.                                                10,689       

      (B)  The board shall issue program authorization for an      10,691       

associate degree, certificate, or diploma program to an applicant  10,692       

holding a certificate of registration issued pursuant to division  10,693       

(A) of this section upon receipt of the fee established in         10,694       

                                                          242    


                                                                 
accordance with section 3332.07 of the Revised Code and upon       10,695       

determining the applicant has the facilities, resources, and       10,696       

faculty to provide students the kind of program it proposes to     10,697       

offer and meets the minimum standards of the state board.          10,698       

      The state board shall promptly furnish the Ohio board of     10,700       

regents a copy of all applications for issuance or renewal of      10,701       

program authorization to offer any associate degree program.       10,702       

Prior to the issuance or renewal of such program authorization     10,703       

the state board shall conduct an on-site visit of the school       10,704       

proposing the program.  A representative of the board of regents   10,705       

shall participate in the visit.  Within twenty-one days of the     10,706       

on-site visit the representative of the board of regents shall     10,707       

provide the state board with a written statement recommending      10,708       

approval or disapproval of the application.                        10,709       

      Any program authorization issued by the board under this     10,711       

division is valid only for the specified program at the location   10,712       

for which it is issued and does not cover any other program        10,713       

offered at the school or at other schools operated by the owner.   10,714       

Program authorization is valid for the period of time specified    10,715       

by the board, unless earlier suspended or revoked for cause by     10,716       

the board UNDER SECTION 3332.09 OF THE REVISED CODE.               10,717       

      (C)  The state board shall accept and review all             10,719       

applications for program authorization for baccalaureate,          10,720       

master's, and doctoral degree programs only from schools holding   10,721       

certificates of registration issued by the board that have held    10,722       

such certificates for the ten previous consecutive years.  After   10,723       

review the board shall refer any application it finds valid to     10,724       

the Ohio board of regents for approval.  The board of regents      10,725       

shall review, and approve or disapprove, such degree programs and  10,726       

if so approved, issue certificates of authorization to such        10,727       

schools to offer such degree programs pursuant to Chapter 1713.    10,728       

of the Revised Code.  The board of regents shall notify the state  10,729       

board of proprietary school registration of each school            10,730       

registered with the state board that receives a certificate of     10,731       

                                                          243    


                                                                 
authorization and the approval to offer any degree program.  Upon  10,732       

receipt of such notification and the fee established in            10,733       

accordance with section 3332.07 of the Revised Code, the state     10,734       

board shall review, and may issue program authorization to offer,  10,735       

such a degree program.  Any program authorization issued by the    10,736       

board under this division is valid only for the specified program  10,737       

at the location for which it is issued and does not cover any      10,738       

other program offered at the school or at other schools operated   10,739       

by the owner.  Program authorization is valid for the period of    10,740       

time specified by the board, unless earlier suspended or revoked   10,741       

for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE.  10,742       

The state board shall not issue such program authorization unless  10,744       

the degree program has been approved by the board of regents.      10,745       

      (D)  The board may cause an investigation to be made into    10,747       

the correctness of the information submitted in any application    10,748       

received under this section.  If the board believes that false,    10,749       

misleading, or incomplete information has been submitted to it in  10,750       

connection with any application, the board shall conduct a         10,751       

hearing on the matter pursuant to Chapter 119. of the Revised      10,752       

Code, and may withhold a certificate of registration or program    10,753       

authorization upon finding that the applicant has failed to meet   10,754       

the standards for such certificate or program authorization or     10,755       

has submitted false, misleading, or incomplete information to the  10,756       

board.  Application for a certificate of registration or program   10,757       

authorization shall be made in writing to the board on forms       10,758       

furnished by the board.   A certificate of registration or         10,759       

program authorization is not transferable and shall be             10,760       

prominently displayed on the premises of an institution.           10,761       

      The board shall assign registration numbers to all schools   10,763       

registered with it.  Schools shall display their registration      10,764       

numbers on all school publications and on all advertisements       10,765       

bearing the name of the school.                                    10,766       

      Notwithstanding the requirements of this section for         10,768       

issuance of certificates of registration and program               10,769       

                                                          244    


                                                                 
authorization, the board may, in accordance with rules adopted by  10,770       

it, grant certificates of registration and program authorization   10,771       

to schools, colleges, institutes, or universities that have been   10,772       

approved by the state department of education pursuant to the      10,773       

"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771.             10,774       

      Sec. 3332.07.  (A)  Each application for issuance and        10,783       

renewal of a certificate of registration, for the issuance and     10,784       

renewal of program authorization, for issuance and renewal of      10,785       

agent's permits, and for any other service specified by the state  10,786       

board of proprietary school registration shall be accompanied by   10,787       

the required fee.  Fees submitted under this section are not       10,788       

returnable even if approval or renewal is denied.                  10,789       

      (B)  Fee schedules for the issuance and renewal of           10,791       

certificates of registration, for the issuance and renewal of      10,792       

program authorization, for issuance and renewal of agent's         10,793       

permits, and for any other service specified by the board shall    10,794       

be established by rule adopted by the state board.  THE FEE FOR A  10,795       

ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE     10,796       

FOR A TWO-YEAR CERTIFICATE.                                        10,797       

      (C)  If in any fiscal year the amount received in fees       10,799       

under this section does not equal or exceed fifty per cent of      10,800       

board expenditures for the fiscal year, the board shall increase   10,801       

fees for the ensuing fiscal year by an amount estimated to be      10,802       

sufficient to produce revenues equal to fifty per cent of          10,803       

estimated expenditures for that ensuing fiscal year.               10,804       

      Sec. 3332.084.  The student tuition recovery authority may:  10,813       

      (A)  Adopt bylaws for the regulation of its affairs and the  10,815       

conduct of its business;                                           10,816       

      (B)  Maintain a principal office at such place within the    10,818       

state as is designated by the authority;                           10,819       

      (C)  Distribute moneys from the STUDENT TUITION RECOVERY     10,821       

fund to or on behalf of students who are determined eligible by    10,823       

the authority;                                                                  

      (D)  REDUCE CONTRIBUTIONS TO OR UTILIZE EXCESS MONEY IN THE  10,825       

                                                          245    


                                                                 
FUND, AS PROVIDED IN DIVISION (C) OF SECTION 3332.085 OF THE       10,826       

REVISED CODE.                                                                   

      Sec. 3332.085.  (A)  Within thirty days after the effective  10,835       

date of this section and not NOT later than the thirty-first day   10,836       

of August in each year thereafter, each school registered by the   10,837       

state board of proprietary school registration shall pay into the  10,838       

student tuition recovery fund in the following amounts:            10,839       

      (1)  Schools initially registered or sold on or after the    10,841       

effective date of this section JULY 28, 1989, for the first five   10,843       

payments $500;                                                                  

      (2)  Any other school, according to its prior year's         10,845       

tuition receipts:                                                  10,846       

      Up to $400,000                        $  200                 10,848       

      $400,001 to $700,000                     400                 10,849       

      $700,001 to $1,000,000                   800                 10,850       

      Over $1,000,000                        1,000                 10,851       

      Checks shall be made payable to the student tuition          10,854       

recovery fund and sent to the executive director of the state      10,855       

board, who shall promptly forward all such receipts to the         10,856       

treasurer of state. Failure of a school to make a payment is       10,857       

cause for cancellation of its certificate of registration.         10,858       

      (B)  The student tuition recovery authority may impose a     10,860       

special assessment on the schools in an amount up to the amount    10,861       

of an annual contribution if the draw on the money exceeds the     10,862       

money on hand.                                                     10,863       

      (C)  Once the fund has assets in excess of liabilities of    10,865       

approximately one million dollars, the authority may reduce:       10,866       

      (1)  REDUCE or eliminate the annual contributions, except    10,869       

on institutions that are required to contribute to the fund for    10,870       

at least a five-year period.  The reduction in contributions to    10,871       

the fund will be at the discretion of the authority but they will  10,872       

be guided by the objective to maintain assets in excess of         10,873       

liabilities of approximately one million dollars.                  10,874       

      (2)  UTILIZE MONEYS IN EXCESS OF THE ASSETS REQUIRED TO BE   10,876       

                                                          246    


                                                                 
MAINTAINED IN THE FUND BY DIVISION (C)(1) OF THIS SECTION FOR THE  10,877       

PURPOSES OF DISSEMINATING CONSUMER INFORMATION ABOUT PROPRIETARY   10,878       

SCHOOLS AND MAINTAINING STUDENT RECORDS FROM CLOSED SCHOOLS.       10,879       

      Sec. 3333.04.  The Ohio board of regents shall:              10,888       

      (A)  Make studies of state policy in the field of higher     10,890       

education and formulate a master plan for higher education for     10,891       

the state, considering the needs of the people, the needs of the   10,892       

state, and the role of individual public and private institutions  10,893       

within the state in fulfilling these needs;                        10,894       

      (B)(1)  Report annually to the governor and the general      10,896       

assembly on the findings from its studies and the master plan for  10,897       

higher education for the state;                                    10,898       

      (2)  Report at least semiannually to the general assembly    10,900       

and the governor the enrollment numbers at each state-assisted     10,901       

institution of higher education.                                   10,902       

      (C)  Approve or disapprove the establishment of new          10,904       

branches or academic centers of state colleges and universities;   10,905       

      (D)  Approve or disapprove the establishment of state        10,907       

technical colleges or any other state institution of higher        10,908       

education;                                                         10,909       

      (E)  Recommend the nature of the programs, undergraduate,    10,911       

graduate, professional, state-financed research, and public        10,912       

services which should be offered by the state colleges,            10,913       

universities, and other state-assisted institutions of higher      10,914       

education in order to utilize to the best advantage their          10,915       

facilities and personnel;                                          10,916       

      (F)  Recommend to the state colleges, universities, and      10,918       

other state-assisted institutions of higher education graduate or  10,919       

professional programs, including, but not limited to, doctor of    10,920       

philosophy, doctor of education, and juris doctor programs, that   10,921       

could be eliminated because they constitute unnecessary            10,922       

duplication, as shall be determined using the process developed    10,923       

pursuant to this section, or for other good and sufficient cause.  10,924       

For purposes of determining the amounts of any state               10,925       

                                                          247    


                                                                 
instructional subsidies paid to these colleges, universities, and  10,926       

institutions, the board may exclude students enrolled in any       10,927       

program that the board has recommended for elimination pursuant    10,928       

to this division except that the board shall not exclude any such  10,929       

student who enrolled in the program prior to the date on which     10,930       

the board initially commences to exclude students under this       10,931       

division.  The board of regents and these colleges, universities,  10,932       

and institutions shall jointly develop a process for determining   10,933       

which existing graduate or professional programs constitute        10,934       

unnecessary duplication.                                           10,935       

      (G)  Recommend to the state colleges, universities, and      10,937       

other state-assisted institutions of higher education programs     10,938       

which should be added to their present programs;                   10,939       

      (H)  Conduct studies for the state colleges, universities,   10,941       

and other state-assisted institutions of higher education to       10,942       

assist them in making the best and most efficient use of their     10,943       

existing facilities and personnel;                                 10,944       

      (I)  Make recommendations to the governor and general        10,946       

assembly concerning the development of state-financed capital      10,947       

plans for higher education; the establishment of new state         10,948       

colleges, universities, and other state-assisted institutions of   10,949       

higher education; and the establishment of new programs at the     10,950       

existing state colleges, universities, and other institutions of   10,951       

higher education;                                                  10,952       

      (J)  Review the appropriation requests of the public         10,954       

community colleges and the state colleges and universities and     10,955       

submit to the office of budget and management and to the           10,956       

chairpersons of the finance committees of the house of             10,957       

representatives and of the senate its recommendations in regard    10,958       

to the biennial higher education appropriation for the state,      10,959       

including appropriations for the individual state colleges and     10,960       

universities and public community colleges.  For the purpose of    10,961       

determining the amounts of instructional subsidies to be paid to   10,962       

state-assisted colleges and universities, the board shall define   10,963       

                                                          248    


                                                                 
"full-time equivalent student" by program per academic year.  The  10,964       

definition may take into account the establishment of minimum      10,965       

enrollment levels in technical education programs below which      10,966       

support allowances will not be paid.  Except as otherwise          10,967       

provided in this section, the board shall make no change in the    10,968       

definition of "full-time equivalent student" in effect on          10,969       

November 15, 1981, which would increase or decrease the number of  10,970       

subsidy-eligible full-time equivalent students, without first      10,971       

submitting a fiscal impact statement to the president of the       10,972       

senate, the speaker of the house of representatives, the           10,973       

legislative budget office of the legislative service commission,   10,974       

and the director of budget and management.  The board shall work   10,975       

in close cooperation with the director of budget and management    10,976       

in this respect and in all other matters concerning the            10,977       

expenditures of appropriated funds by state colleges,              10,978       

universities, and other institutions of higher education.          10,979       

      (K)  Seek the cooperation and advice of the officers and     10,981       

trustees of both public and private colleges, universities, and    10,982       

other institutions of higher education in the state in performing  10,983       

its duties and making its plans, studies, and recommendations;     10,984       

      (L)  Appoint advisory committees consisting of persons       10,986       

associated with public or private secondary schools, members of    10,987       

the state board of education, or personnel of the state            10,988       

department of education;                                           10,989       

      (M)  Appoint advisory committees consisting of college and   10,991       

university personnel, or other persons knowledgeable in the field  10,992       

of higher education, or both, in order to obtain their advice and  10,993       

assistance in defining and suggesting solutions for the problems   10,994       

and needs of higher education in this state;                       10,995       

      (N)  Approve or disapprove all new degrees and new degree    10,997       

programs at all state colleges, universities, and other            10,998       

state-assisted institutions of higher education;                   10,999       

      (O)  Adopt such rules as are necessary to carry out its      11,001       

duties and responsibilities;                                       11,002       

                                                          249    


                                                                 
      (P)  Establish and submit to the governor and the general    11,004       

assembly a clear and measurable set of goals and timetables for    11,005       

their achievement for each program under the supervision of the    11,006       

board that is designed to accomplish any of the following:         11,007       

      (1)  Increased access to higher education;                   11,009       

      (2)  Job training;                                           11,011       

      (3)  Adult literacy;                                         11,013       

      (4)  Research;                                               11,015       

      (5)  Excellence in higher education;                         11,017       

      (6)  Reduction in the number of graduate programs within     11,019       

the same subject area.                                             11,020       

      In July of each odd-numbered year, the board of regents      11,022       

shall submit to the governor and the general assembly a report on  11,023       

progress made toward these goals.                                  11,024       

      (Q)  Make recommendations to the governor and the general    11,026       

assembly regarding the design and funding of the student           11,027       

financial aid programs specified in sections 3333.12, 3333.21 to   11,028       

3333.27, and 5910.02 of the Revised Code;                          11,029       

      (R)  Participate in education-related state or federal       11,031       

programs on behalf of the state and assume responsibility for the  11,032       

administration of such programs in accordance with applicable      11,033       

state or federal law;                                              11,034       

      (S)  Adopt rules for student financial aid programs as       11,037       

required by sections 3333.12, 3333.21 to 3333.27, 3333.28,         11,038       

3333.29, and 5910.02 of the Revised Code, and perform any other    11,039       

administrative functions assigned to the board by those sections;  11,041       

      (T)  Administer contracts under sections 3702.74 and         11,044       

3702.75 of the Revised Code in accordance with rules adopted by    11,046       

the director of health under section 3702.79 of the Revised Code;  11,047       

      (U)  REGULARLY MONITOR THE OCCUPANCY RATES OF STATE          11,049       

UNIVERSITIES' DORMITORY SYSTEMS FOR THE PURPOSE OF RECOGNIZING     11,050       

CIRCUMSTANCES IN WHICH THE FINANCIAL STABILITY OF THOSE            11,052       

INSTITUTIONS IS THREATENED BY THE UNAVOIDABLE COSTS OF DEBT                     

SERVICE AND PLANT MAINTENANCE.  IN CONJUNCTION WITH THE            11,053       

                                                          250    


                                                                 
DEVELOPMENT OF BIENNIAL APPROPRIATION RECOMMENDATIONS, THE BOARD   11,054       

SHALL REPORT TO THE GENERAL ASSEMBLY AND THE LEGISLATIVE SERVICE   11,055       

COMMISSION ITS RECOMMENDATIONS FOR FINANCIAL ASSISTANCE TO STATE   11,056       

UNIVERSITIES WHOSE DORMITORY OCCUPANCY RATES ARE LESS THAN         11,057       

SEVENTY-FIVE PER CENT OF DESIGNED CAPACITY AND WHOSE ABILITY TO    11,058       

MAINTAIN REQUIRED DEBT PAYMENTS AND REQUIRED PLANT MAINTENANCE     11,059       

MAY BE JEOPARDIZED.                                                11,060       

      (V)  CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED            11,062       

INSTITUTIONS OF HIGHER EDUCATION;                                  11,063       

      (W)  APPOINT CONSORTIUMS OF COLLEGE AND UNIVERSITY           11,065       

PERSONNEL TO PARTICIPATE IN THE DEVELOPMENT AND OPERATION OF       11,066       

STATEWIDE COLLABORATIVE EFFORTS, INCLUDING THE OHIO SUPERCOMPUTER  11,067       

CENTER, THE OHIO ACADEMIC RESOURCES NETWORK, OHIOLINK, AND THE     11,069       

OHIO LEARNING NETWORK.  FOR EACH CONSORTIUM, THE BOARD SHALL       11,070       

DESIGNATE A COLLEGE OR UNIVERSITY TO SERVE AS THAT CONSORTIUM'S    11,071       

FISCAL AGENT, FINANCIAL OFFICER, AND EMPLOYER.  ANY FUNDS          11,072       

APPROPRIATED TO THE BOARD FOR CONSORTIUMS SHALL BE DISTRIBUTED TO  11,073       

THE FISCAL AGENTS FOR THE OPERATION OF THE CONSORTIUMS.  A         11,074       

CONSORTIUM SHALL FOLLOW THE RULES OF THE COLLEGE OR UNIVERSITY     11,075       

THAT SERVES AS ITS FISCAL AGENT.                                   11,076       

      Sec. 3333.12.  (A)  As used in this section:                 11,085       

      (1)  "Eligible student" means an undergraduate student who   11,087       

is:                                                                11,088       

      (a)  An Ohio resident;                                       11,090       

      (b)  Enrolled in either of the following:                    11,092       

      (i)  An accredited institution of higher education in this   11,094       

state that meets the requirements of Title VI of the Civil Rights  11,095       

Act of 1964 and is state-assisted, is nonprofit and has a          11,096       

certificate of authorization from the Ohio board of regents        11,097       

pursuant to Chapter 1713. of the Revised Code, or has a            11,098       

certificate of registration from the state board of proprietary    11,099       

school registration and program authorization to award an          11,100       

associate or bachelor's degree.  Students who attend an            11,101       

institution that holds a certificate of registration shall be      11,102       

                                                          251    


                                                                 
enrolled in a program leading to an associate or bachelor's        11,103       

degree for which associate or bachelor's degree program the        11,104       

institution has program authorization issued under section         11,105       

3332.05 of the Revised Code.                                       11,106       

      (ii)  A technical education program of at least two years    11,108       

duration sponsored by a private institution of higher education    11,109       

in this state that meets the requirements of Title VI of the       11,110       

Civil Rights Act of 1964.                                          11,111       

      (c)  Enrolled as a full-time student or enrolled as a less   11,113       

than full-time student for the term expected to be the student's   11,115       

final term of enrollment and is enrolled for the number of credit  11,116       

hours necessary to complete the requirements of the program in     11,117       

which the student is enrolled.                                     11,118       

      (2)  "Gross income" includes all taxable and nontaxable      11,120       

income of the parents, the student, and the student's spouse,      11,121       

except income derived from an Ohio academic scholarship and,       11,122       

income earned by the student between the last day of the spring    11,123       

term and the first day of the fall term, as published by the       11,124       

institution in which the student is enrolled.  In the case of      11,125       

self-employed persons, business expenses as defined by the Ohio    11,126       

board of regents shall be subtracted from taxable and nontaxable   11,128       

income.  Where no gross income or inadequate gross income as       11,129       

determined by the board is reported, the board shall establish a   11,130       

formula for determining the means by which the family maintained   11,131       

itself and translate the data into gross income for Ohio           11,132       

instructional grant purposes.  Family income may be verified by    11,133       

supplying to the board a copy of the federal government tax        11,134       

return, by authorizing access to the family federal government     11,135       

income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE   11,136       

BOARD.  GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE           11,137       

INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL     11,138       

FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means   11,140       

satisfactory to the board.                                                      

      (3)  "Resident," "full-time student," "dependent,"           11,142       

                                                          252    


                                                                 
"financially independent," and "accredited" shall be defined by    11,143       

rules adopted by the board.                                        11,144       

      (4)  "Federal law" means the "Higher Education Amendments    11,146       

of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended.      11,147       

      (5)  "Default rate" means the cohort default rate            11,149       

determined by the United States secretary of education pursuant    11,150       

to federal law.                                                    11,151       

      (6)  "School year" means the twelve months that begin on     11,153       

the first day of August of a calendar year and end on the          11,154       

thirty-first day of July of the following calendar year.           11,155       

      (B)  The Ohio board of regents shall establish and           11,157       

administer an instructional grant program and may adopt rules to   11,158       

carry out this section.  The general assembly shall support the    11,159       

instructional grant program by such sums and in such manner as it  11,160       

may provide, but the board may also receive funds from other       11,161       

sources to support the program.  If the amounts available for      11,162       

support of the program are inadequate to provide grants to all     11,163       

eligible students, preference in the payment of grants shall be    11,164       

given in terms of income, beginning with the lowest income         11,165       

category of gross income and proceeding upward by category to the  11,166       

highest gross income category.                                     11,167       

      An instructional grant shall be paid to an eligible student  11,169       

through the institution in which the student is enrolled, except   11,171       

that no instructional grant shall be paid to any person serving a  11,172       

term of imprisonment.  Applications for such grants shall be made  11,174       

as prescribed by the board, and such applications may be made in   11,175       

conjunction with and upon the basis of information provided in     11,176       

conjunction with student assistance programs funded by agencies    11,177       

of the United States government or from financial resources of     11,178       

the institution of higher education.  The institution shall        11,179       

certify that the student applicant meets the requirements set      11,180       

forth in divisions (A)(1)(b) and (c) of this section.              11,181       

Instructional grants shall be provided to an eligible student      11,182       

only as long as the student is making appropriate progress toward  11,183       

                                                          253    


                                                                 
a nursing diploma or an associate or bachelor's degree.  The       11,184       

grant shall cover any two semesters, three quarters, or the        11,185       

equivalent of one academic year.  No student shall be eligible to  11,186       

receive a grant for more than ten semesters, fifteen quarters, or  11,187       

the equivalent of five academic years.  A grant made to an         11,188       

eligible student on the basis of less than full-time enrollment    11,189       

shall be based on the number of credit hours for which the         11,190       

student is enrolled and shall be computed in accordance with a     11,191       

formula adopted by the board.  No student shall receive more than  11,192       

one grant on the basis of less than full-time enrollment.          11,193       

      An instructional grant shall not exceed the total            11,195       

instructional and general charges of the institution.              11,196       

      (C)  For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM   11,199       

GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A         11,200       

COMPARABLE PORTION OF ONE ACADEMIC YEAR.  GRANT AMOUNTS FOR        11,201       

ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED     11,202       

UNDER DIVISION (D) OF THIS SECTION.                                11,203       

      FOR a full-time student who is a dependent and enrolled in   11,207       

a nonprofit educational institution that is not a state-assisted   11,208       

institution and that has a certificate of authorization issued     11,209       

pursuant to Chapter 1713. of the Revised Code, the amount of the   11,210       

instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A        11,211       

COMPARABLE PORTION OF the academic year shall be determined in     11,213       

accordance with the following table:                                            

                         Table of Grants                           11,215       

                                   Maximum Grant $4,428 4,872      11,217       

Gross Income                       Number of Dependents            11,218       

                       1        2        3        4       5 or     11,225       

                                                          more                  

Under $11,001        $4,428   $4,428   $4,428   $4,428   $4,428    11,229       

$11,001 - $12,000     3,984    4,428    4,428    4,428    4,428    11,234       

$12,001 - $13,000     3,534    3,984    4,428    4,428    4,428    11,239       

$13,001 - $14,000     3,096    3,534    3,984    4,428    4,428    11,244       

$14,001 - $15,000     2,658    3,096    3,534    3,984    4,428    11,249       

                                                          254    


                                                                 
$15,001 - $16,000     2,220    2,658    3,096    3,534    3,984    11,254       

$16,001 - $17,000     1,770    2,220    2,658    3,096    3,534    11,260       

$17,001 - $20,000     1,320    1,770    2,220    2,658    3,096    11,266       

$20,001 - $23,000     1,092    1,320    1,770    2,220    2,658    11,272       

$23,001 - $26,000       882    1,092    1,320    1,770    2,220    11,277       

$26,001 - $29,000       804      882    1,092    1,320    1,770    11,282       

$29,001 - $31,000       720      804      882    1,092    1,320    11,287       

Over $31,000            -0-      -0-      -0-      -0-      -0-    11,288       

UNDER $13,001        $4,872   $4,872   $4,872   $4,872    $4,872   11,296       

$13,001 - $14,000     4,386    4,872    4,872    4,872     4,872   11,302       

$14,001 - $15,000     3,888    4,386    4,872    4,872     4,872   11,308       

$15,001 - $16,000     3,408    3,888    4,386    4,872     4,872   11,314       

$16,001 - $17,000     2,928    3,408    3,888    4,386     4,872   11,320       

$17,001 - $20,000     2,442    2,928    3,408    3,888     4,386   11,326       

$20,001 - $23,000     1,944    2,442    2,928    3,408     3,888   11,332       

$23,001 - $26,000     1,452    1,944    2,442    2,928     3,408   11,338       

$26,001 - $29,000     1,200    1,452    1,944    2,442     2,928   11,344       

$29,001 - $30,000       966    1,200    1,452    1,944     2,442   11,350       

$30,001 - $31,000       882      966    1,200    1,452     1,944   11,356       

$31,001 - $32,000       792      882      966    1,200     1,452   11,362       

$32,001 - $33,000       396      792      882      966     1,200   11,368       

$33,001 - $34,000       -0-      396      792      882       966   11,374       

$34,001 - $35,000       -0-      -0-      396      792       882   11,380       

$35,001 - $36,000       -0-      -0-      -0-      396       792   11,386       

$36,001 - $37,000       -0-      -0-      -0-      -0-       396   11,392       

OVER $37,000            -0-      -0-      -0-      -0-       -0-   11,398       

      For a full-time student who is financially independent and   11,401       

enrolled in a nonprofit educational institution that is not a      11,402       

state-assisted institution and that has a certificate of           11,403       

authorization issued pursuant to Chapter 1713. of the Revised      11,404       

Code, the amount of the instructional grant for TWO SEMESTERS,     11,406       

THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year       11,407       

shall be determined in accordance with the following table:        11,408       

                         Table of Grants                           11,410       

                                                          255    


                                                                 
                                   Maximum Grant $4,428 4,872      11,411       

Gross Income                       Number of Dependents            11,412       

                     0       1       2      3      4      5 or     11,419       

                                                          more                  

Under $3,601       $4,428  $4,428  $4,428 $4,428 $4,428  $4,428    11,424       

$3,601 - $4,200     3,984   4,428   4,428  4,428  4,428   4,428    11,430       

$4,201 - $4,700     3,534   3,984   4,428  4,428  4,428   4,428    11,436       

$4,701 - $5,200     3,096   3,534   3,984  4,428  4,428   4,428    11,442       

$5,201 - $5,700     2,658   3,096   3,534  3,984  4,428   4,428    11,448       

$5,701 - $6,200 $   2,220   2,658   3,096  3,534  3,984   4,428    11,454       

$6,201 - $7,200     1,770   2,220   2,658  3,096  3,534   3,984    11,460       

$7,201 - $8,200     1,320   1,770   2,220  2,658  3,096   3,534    11,466       

$8,201 - $9,200     1,092   1,320   1,770  2,220  2,658   3,096    11,472       

$9,201 - $10,700      882   1,092   1,320  1,770  2,220   2,658    11,478       

$10,701 - $12,200     804     882   1,092  1,320  1,770   2,220    11,484       

$12,201 - $13,700     720     804     882  1,092  1,320   1,770    11,490       

$13,701 - $15,200     -0-     720     804    882  1,092   1,320    11,495       

$15,201 - $18,200     -0-     -0-     720    804    882   1,092    11,500       

$18,201 - $21,200     -0-     -0-     -0-    720    804     882    11,505       

$21,201 - $24,200     -0-     -0-     -0-    -0-    720     804    11,509       

$24,201 - $28,900     -0-     -0-     -0-    -0-    -0-     720    11,513       

Over $28,900          -0-     -0-     -0-    -0-    -0-     -0-    11,515       

UNDER $4,201       $4,872  $4,872  $4,872 $4,872 $4,872  $4,872    11,524       

$4,201 - $4,800     4,386   4,872   4,872  4,872  4,872   4,872    11,531       

$4,801 - $5,300     3,888   4,386   4,872  4,872  4,872   4,872    11,538       

$5,301 - $5,800     3,408   3,888   4,386  4,872  4,872   4,872    11,545       

$5,801 - $6,300     2,928   3,408   3,888  4,386  4,872   4,872    11,552       

$6,301 - $6,800     2,442   2,928   3,408  3,888  4,386   4,872    11,559       

$6,801 - $7,800     1,944   2,442   2,928  3,408  3,888   4,386    11,566       

$7,801 - $8,800     1,452   1,944   2,442  2,928  3,408   3,888    11,573       

$8,801 - $9,800     1,200   1,452   1,944  2,442  2,928   3,408    11,580       

$9,801 - $11,300      966   1,200   1,452  1,944  2,442   2,928    11,587       

$11,301 - $12,800     882     966   1,200  1,452  1,944   2,442    11,594       

$12,801 - $14,300     792     882     966  1,200  1,452   1,944    11,601       

                                                          256    


                                                                 
$14,301 - $15,800     396     792     882    966  1,200   1,452    11,608       

$15,801 - $18,800     -0-     396     792    882    966   1,200    11,615       

$18,801 - $21,800     -0-     -0-     396    792    882     966    11,622       

$21,801 - $24,800     -0-     -0-     -0-    396    792     882    11,629       

$24,801 - $29,500     -0-     -0-     -0-    -0-    396     792    11,636       

$29,501 - $34,500     -0-     -0-     -0-    -0-    -0-     396    11,643       

OVER $34,500          -0-     -0-     -0-    -0-    -0-     -0-    11,650       

      For a full-time student who is a dependent and enrolled in   11,653       

an educational institution that holds a certificate of             11,654       

registration from the state board of proprietary school            11,655       

registration, the amount of the instructional grant for TWO        11,657       

SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the          11,658       

academic year shall be determined in accordance with the                        

following table:                                                   11,659       

                         Table of Grants                           11,661       

                                   Maximum Grant $3,750 4,128      11,663       

Gross Income                       Number of Dependents            11,664       

                       1        2        3        4       5 or     11,672       

                                                          more                  

Under $11,001        $3,750   $3,750   $3,750   $3,750   $3,750    11,679       

$11,001 - $12,000     3,384    3,750    3,750    3,750    3,750    11,684       

$12,001 - $13,000     2,988    3,384    3,750    3,750    3,750    11,689       

$13,001 - $14,000     2,616    2,988    3,384    3,750    3,750    11,694       

$14,001 - $15,000     2,268    2,616    2,988    3,384    3,750    11,699       

$15,001 - $16,000     1,860    2,268    2,616    2,988    3,384    11,704       

$16,001 - $17,000     1,506    1,860    2,268    2,616    2,988    11,709       

$17,001 - $20,000     1,152    1,506    1,860    2,268    2,616    11,714       

$20,001 - $23,000       924    1,152    1,506    1,860    2,268    11,719       

$23,001 - $26,000       738      924    1,152    1,506    1,860    11,724       

$26,001 - $29,000       696      738      924    1,152    1,506    11,729       

$29,001 - $31,000       612      696      738      924    1,152    11,734       

Over $31,000            -0-      -0-      -0-      -0-      -0-    11,735       

UNDER $13,001        $4,128   $4,128   $4,128   $4,128   $4,128    11,743       

$13,001 - $14,000     3,726    4,128    4,128    4,128    4,128    11,749       

                                                          257    


                                                                 
$14,001 - $15,000     3,288    3,726    4,128    4,128    4,128    11,755       

$15,001 - $16,000     2,874    3,288    3,726    4,128    4,128    11,761       

$16,001 - $17,000     2,490    2,874    3,288    3,726    4,128    11,767       

$17,001 - $20,000     2,046    2,490    2,874    3,288    3,726    11,773       

$20,001 - $23,000     1,656    2,046    2,490    2,874    3,288    11,779       

$23,001 - $26,000     1,266    1,656    2,046    2,490    2,874    11,785       

$26,001 - $29,000     1,014    1,266    1,656    2,046    2,490    11,791       

$29,001 - $30,000       810    1,014    1,266    1,656    2,046    11,797       

$30,001 - $31,000       762      810    1,014    1,266    1,656    11,803       

$31,001 - $32,000       672      762      810    1,014    1,266    11,809       

$32,001 - $33,000       336      672      762      810    1,014    11,815       

$33,001 - $34,000       -0-      336      672      762      810    11,821       

$34,001 - $35,000       -0-      -0-      336      672      762    11,827       

$35,001 - $36,000       -0-      -0-      -0-      336      672    11,833       

$36,001 - $37,000       -0-      -0-      -0-      -0-      336    11,839       

OVER $37,000            -0-      -0-      -0-      -0-      -0-    11,845       

      For a full-time student who is financially independent and   11,848       

enrolled in an educational institution that holds a certificate    11,849       

of registration from the state board of proprietary school         11,850       

registration, the amount of the instructional grant for TWO        11,852       

SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the          11,853       

academic year shall be determined in accordance with the                        

following table:                                                   11,854       

                         Table of Grants                           11,856       

                                   Maximum Grant $3,750 4,128      11,857       

Gross Income                       Number of Dependents            11,858       

                     0       1       2      3      4      5 or     11,866       

                                                          more                  

Under $3,601        $3,750  $3,750  $3,750 $3,750 $3,750  $3,750   11,873       

$3,601 - $4,200      3,384   3,750   3,750  3,750  3,750   3,750   11,878       

$4,201 - $4,700      2,988   3,384   3,750  3,750  3,750   3,750   11,884       

$4,701 - $5,200      2,616   2,988   3,384  3,750  3,750   3,750   11,888       

$5,201 - $5,700      2,268   2,616   2,988  3,384  3,750   3,750   11,893       

$5,701 - $6,200      1,860   2,268   2,616  2,988  3,384   3,750   11,898       

                                                          258    


                                                                 
$6,201 - $7,200      1,506   1,860   2,268  2,616  2,988   3,384   11,903       

$7,201 - $8,200      1,152   1,506   1,860  2,268  2,616   2,988   11,909       

$8,201 - $9,200        924   1,152   1,506  1,860  2,268   2,616   11,913       

$9,201 - $10,700       738     924   1,152  1,506  1,860   2,268   11,918       

$10,701 - $12,200      696     738     924  1,152  1,506   1,860   11,923       

$12,201 - $13,700      612     696     738    924  1,152   1,506   11,928       

$13,701 - $15,200      -0-     612     696    738    924   1,152   11,933       

$15,201 - $18,200      -0-     -0-     612    696    738     924   11,938       

$18,201 - $21,200      -0-     -0-     -0-    612    696     738   11,943       

$21,201 - $24,200      -0-     -0-     -0-    -0-    612     696   11,947       

$24,201 - $28,900      -0-     -0-     -0-    -0-    -0-     612   11,951       

Over $28,900           -0-     -0-     -0-    -0-    -0-     -0-   11,952       

UNDER $4,201        $4,128  $4,128  $4,128 $4,128 $4,128  $4,128   11,961       

$4,201 - $4,800      3,726   4,128   4,128  4,128  4,128   4,128   11,968       

$4,801 - $5,300      3,288   3,726   4,128  4,128  4,128   4,128   11,975       

$5,301 - $5,800      2,874   3,288   3,726  4,128  4,128   4,128   11,982       

$5,801 - $6,300      2,490   2,874   3,288  3,726  4,128   4,128   11,989       

$6,301 - $6,800      2,046   2,490   2,874  3,288  3,726   4,128   11,996       

$6,801 - $7,800      1,656   2,046   2,490  2,874  3,288   3,726   12,003       

$7,801 - $8,800      1,266   1,656   2,046  2,490  2,874   3,288   12,010       

$8,801 - $9,800      1,014   1,266   1,656  2,046  2,490   2,874   12,017       

$9,801 - $11,300       810   1,014   1,266  1,656  2,046   2,490   12,024       

$11,301 - $12,800      762     810   1,014  1,266  1,656   2,046   12,031       

$12,801 - $14,300      672     762     810  1,014  1,266   1,656   12,038       

$14,301 - $15,800      336     672     762    810  1,014   1,266   12,045       

$15,801 - $18,800      -0-     336     672    762    810   1,014   12,052       

$18,801 - $21,800      -0-     -0-     336    672    762     810   12,059       

$21,801 - $24,800      -0-     -0-     -0-    336    672     762   12,066       

$24,801 - $29,500      -0-     -0-     -0-    -0-    336     672   12,073       

$29,501 - $34,500      -0-     -0-     -0-    -0-    -0-     336   12,080       

OVER $34,500           -0-     -0-     -0-    -0-    -0-     -0-   12,087       

      For a full-time student who is a dependent and enrolled in   12,090       

a state-assisted educational institution, the amount of the        12,091       

instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A        12,093       

                                                          259    


                                                                 
COMPARABLE PORTION OF the academic year shall be determined in     12,094       

accordance with the following table:                               12,095       

                         Table of Grants                           12,097       

                                   Maximum Grant $1,782 1,956      12,098       

Gross Income                       Number of Dependents            12,099       

                       1        2        3        4       5 or     12,103       

                                                          more                  

Under $11,001        $1,782   $1,782   $1,782   $1,782   $1,782    12,107       

$11,001 - $12,000     1,602    1,782    1,782    1,782    1,782    12,112       

$12,001 - $13,000     1,416    1,602    1,782    1,782    1,782    12,117       

$13,001 - $14,000     1,254    1,416    1,602    1,782    1,782    12,122       

$14,001 - $15,000     1,074    1,254    1,416    1,602    1,782    12,127       

$15,001 - $16,000       882    1,074    1,254    1,416    1,602    12,132       

$16,001 - $17,000       708      882    1,074    1,254    1,416    12,137       

$17,001 - $20,000       534      708      882    1,074    1,254    12,142       

$20,001 - $23,000       432      534      708      882    1,074    12,147       

$23,001 - $26,000       348      432      534      708      882    12,152       

$26,001 - $29,000       324      348      432      534      708    12,157       

$29,001 - $31,000       294      324      348      432      534    12,162       

Over $31,000            -0-      -0-      -0-      -0-      -0-    12,164       

UNDER $13,001        $1,956   $1,956   $1,956   $1,956   $1,956    12,172       

$13,001 - $14,000     1,764    1,956    1,956    1,956    1,956    12,178       

$14,001 - $15,000     1,554    1,764    1,956    1,956    1,956    12,184       

$15,001 - $16,000     1,380    1,554    1,764    1,956    1,956    12,190       

$16,001 - $17,000     1,182    1,380    1,554    1,764    1,956    12,196       

$17,001 - $20,000       966    1,182    1,380    1,554    1,764    12,202       

$20,001 - $23,000       774      966    1,182    1,380    1,554    12,208       

$23,001 - $26,000       582      774      966    1,182    1,380    12,214       

$26,001 - $29,000       468      582      774      966    1,182    12,220       

$29,001 - $30,000       378      468      582      774      966    12,226       

$30,001 - $31,000       348      378      468      582      774    12,232       

$31,001 - $32,000       318      348      378      468      582    12,238       

$32,001 - $33,000       162      318      348      378      468    12,244       

$33,001 - $34,000       -0-      162      318      348      378    12,250       

                                                          260    


                                                                 
$34,001 - $35,000       -0-      -0-      162      318      348    12,256       

$35,001 - $36,000       -0-      -0-      -0-      162      318    12,262       

$36,001 - $37,000       -0-      -0-      -0-      -0-      162    12,268       

OVER $37,000            -0-      -0-      -0-      -0-      -0-    12,274       

      For a full-time student who is financially independent and   12,277       

enrolled in a state-assisted educational institution, the amount   12,278       

of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR   12,280       

A COMPARABLE PORTION OF the academic year shall be determined in   12,282       

accordance with the following table:                                            

                         Table of Grants                           12,284       

                                   Maximum Grant $1,782 1,956      12,285       

Gross Income                       Number of Dependents            12,286       

                     0       1       2      3      4      5 or     12,294       

                                                          more                  

Under $3,601       $1,782  $1,782  $1,782 $1,782 $1,782  $1,782    12,302       

$3,601 - $4,200     1,602   1,782   1,782  1,782  1,782   1,782    12,308       

$4,201 - $4,700     1,416   1,602   1,782  1,782  1,782   1,782    12,314       

$4,701 - $5,200     1,254   1,416   1,602  1,782  1,782   1,782    12,320       

$5,201 - $5,700     1,074   1,254   1,416  1,602  1,782   1,782    12,326       

$5,701 - $6,200       882   1,074   1,254  1,416  1,602   1,782    12,332       

$6,201 - $7,200       708     882   1,074  1,254  1,416   1,602    12,338       

$7,201 - $8,200       534     708     882  1,074  1,254   1,416    12,344       

$8,201 - $9,200       432     534     708    882  1,074   1,254    12,350       

$9,201 - $10,700      348     432     534    708    882   1,074    12,356       

$10,701 - $12,200     324     348     432    534    708     882    12,362       

$12,201 - $13,700     294     324     348    432    534     708    12,368       

$13,701 - $15,200     -0-     294     324    348    432     534    12,374       

$15,201 - $18,200     -0-     -0-     294    324    348     432    12,380       

$18,201 - $21,200     -0-     -0-     -0-    294    324     348    12,386       

$21,201 - $24,200     -0-     -0-     -0-    -0-    294     324    12,392       

$24,201 - $28,900     -0-     -0-     -0-    -0-    -0-     294    12,398       

Over $28,900          -0-     -0-     -0-    -0-    -0-     -0-    12,401       

UNDER $4,201       $1,956  $1,956  $1,956 $1,956 $1,956  $1,956    12,410       

 4,201 - $4,800     1,764   1,956   1,956  1,956  1,956   1,956    12,417       

                                                          261    


                                                                 
$4,801 - $5,300     1,554   1,764   1,956  1,956  1,956   1,956    12,424       

$5,301 - $5,800     1,380   1,554   1,764  1,956  1,956   1,956    12,431       

$5,801 - $6,300     1,182   1,380   1,554  1,764  1,956   1,956    12,438       

$6,301 - $6,800       966   1,182   1,380  1,554  1,764   1,956    12,445       

$6,801 - $7,800       774     966   1,182  1,380  1,554   1,764    12,452       

$7,801 - $8,800       582     774     966  1,182  1,380   1,554    12,459       

$8,801 - $9,800       468     582     774    966  1,182   1,380    12,466       

$9,801 - $11,300      378     468     582    774    966   1,182    12,473       

$11,301 - $12,800     348     378     468    582    774     966    12,480       

$12,801 - $14,300     318     348     378    468    582     774    12,487       

$14,301 - $15,800     162     318     348    378    468     582    12,494       

$15,801 - $18,800     -0-     162     318    348    378     468    12,501       

$18,801 - $21,800     -0-     -0-     162    318    348     378    12,508       

$21,801 - $24,800     -0-     -0-     -0-    162    318     348    12,515       

$24,801 - $29,500     -0-     -0-     -0-    -0-    162     318    12,522       

$29,501 - $34,500     -0-     -0-     -0-    -0-    -0-     162    12,529       

OVER $34,500          -0-     -0-     -0-    -0-    -0-     -0-    12,536       

      (D)  FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE         12,539       

INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION   12,540       

OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION  12,541       

(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A           12,543       

PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF    12,544       

THAT DIVISION.  THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE    12,545       

ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION.    12,546       

THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE    12,547       

MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION.                     12,548       

      (E)  No grant shall be made to any student in a course of    12,550       

study in theology, religion, or other field of preparation for a   12,551       

religious profession unless such course of study leads to an       12,552       

accredited bachelor of arts, bachelor of science, or associate of  12,553       

arts degree.                                                       12,554       

      (E)(F)(1)  Except as provided in division (E)(F)(2) of this  12,557       

section, no grant shall be made to any student for enrollment      12,558       

during a school FISCAL year in an institution with a COHORT        12,560       

                                                          262    


                                                                 
default rate DETERMINED BY THE UNITED STATES SECRETARY OF          12,562       

EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986,"   12,565       

100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the      12,568       

fifteenth day of June preceding such school THE FISCAL year,                    

equal to or greater than thirty per cent for each of the           12,569       

preceding two FISCAL years.                                        12,570       

      (2)  Division (E)(F)(1) of this section does not apply to    12,572       

the following:                                                     12,573       

      (a)  Any student enrolled in an institution that under THE   12,575       

federal law appeals its loss of eligibility for federal financial  12,576       

aid and the United States secretary of education determines its    12,577       

COHORT default rate after recalculation is lower than the rate     12,578       

specified in division (E)(F)(1) of this section or the secretary   12,580       

determines due to mitigating circumstances the institution may     12,581       

continue to participate in federal financial aid programs.  The    12,582       

board shall adopt rules requiring institutions to provide          12,583       

information regarding an appeal to the board.                      12,584       

      (b)  Any student who has previously received a grant under   12,586       

this section who meets all other requirements of this section.     12,587       

      (3)  The board shall adopt rules for the notification of     12,590       

all institutions whose students will be ineligible to participate  12,591       

in the grant program pursuant to division (E)(F)(1) of this        12,592       

section.                                                                        

      (4)  A student's attendance at an institution whose          12,594       

students lose eligibility for grants under division (E)(F)(1) of   12,596       

this section shall not affect that student's eligibility to                     

receive a grant when enrolled in another institution.              12,597       

      (F)(G)  Institutions of higher education that enroll         12,599       

students receiving instructional grants under this section shall   12,600       

report to the board all students who have received instructional   12,601       

grants but are no longer eligible for all or part of such grants   12,602       

and shall refund any moneys due the state within thirty days       12,603       

after the beginning of the quarter or term immediately following   12,604       

the quarter or term in which the student was no longer eligible    12,605       

                                                          263    


                                                                 
to receive all or part of the student's grant.  There shall be an  12,607       

interest charge of one per cent per month on all moneys due and    12,608       

payable after such thirty-day period.  The board shall             12,609       

immediately notify the office of budget and management and the     12,610       

legislative budget office of the legislative service commission    12,611       

of all refunds so received.                                        12,612       

      Sec. 3333.27.  As used in this section:                      12,621       

      (A)  "Eligible institution" means a nonprofit Ohio           12,623       

institution of higher education that holds a certificate of        12,624       

authorization issued under section 1713.02 of the Revised Code     12,625       

and meets the requirements of Title VI of the Civil Rights Act of  12,626       

1964.                                                              12,627       

      (B)  "Resident" and "full-time student" have the meanings    12,629       

established for purposes of this section by rule of the Ohio       12,630       

board of regents.                                                  12,631       

      The board shall establish and administer a student choice    12,634       

grant program and shall adopt rules for the administration of the  12,635       

program.                                                                        

      The board may make a grant to any resident of this state     12,638       

who is enrolled as a full-time student in a bachelor's degree      12,639       

program at an eligible institution and maintains an academic       12,640       

record that meets or exceeds the standard established pursuant to  12,641       

this section by rule of the board, except that no grant shall be   12,642       

made to any individual who was enrolled as a student in an         12,643       

institution of higher education on or before July 1, 1984, or is   12,644       

serving a term of imprisonment.  The grant shall not exceed the    12,645       

lesser of the total instructional and general charges of the       12,646       

institution in which the student is enrolled, or an amount equal   12,647       

to one-fourth of the total of any state instructional subsidy      12,648       

amount distributed by the board in the second fiscal year of the   12,649       

preceding biennium for all full-time students enrolled in          12,650       

bachelor's degree programs at four-year state-assisted             12,651       

institutions of higher education divided by the sum of the actual  12,652       

number of full-time students enrolled in bachelor's degree         12,653       

                                                          264    


                                                                 
programs at four-year state-assisted institutions of higher        12,654       

education reported to the board for such year by the institutions  12,655       

to which the subsidy was distributed.                              12,656       

      The board shall prescribe the form and manner of             12,658       

application for grants including the manner of certification by    12,659       

eligible institutions that each applicant from such institution    12,660       

is enrolled in a bachelor's degree program as a full-time student  12,661       

and has an academic record that meets or exceeds the standard      12,662       

established by the board.                                          12,663       

      A grant awarded to an eligible student shall be paid to the  12,665       

institution in which the student is enrolled, and the institution  12,666       

shall reduce the student's instructional and general charges by    12,667       

the amount of the grant.  Each grant awarded shall be prorated     12,668       

and paid in equal installments at the time of enrollment for each  12,669       

term of the academic year for which the grant is awarded.  No      12,670       

student shall be eligible to receive a grant for more than ten     12,671       

semesters, fifteen quarters, or the equivalent of five academic    12,672       

years.                                                             12,673       

      The receipt of an Ohio student choice grant shall not        12,675       

affect a student's eligibility for assistance, or the amount of    12,676       

such assistance, granted under section 3315.33, 3333.12, 3333.22,  12,677       

3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code.  If a  12,678       

student receives assistance under one or more of such sections,    12,679       

the student choice grant made to the student shall not exceed the  12,681       

difference between the amount of assistance received under such    12,682       

sections and the total instructional and general charges of the    12,683       

institution in which the student is enrolled.                      12,684       

      The general assembly shall support the student choice grant  12,686       

program by such sums and in such manner as it may provide, but     12,687       

the board may also receive funds from other sources to support     12,689       

the program.                                                                    

      No grant shall be made to any student enrolled in a course   12,691       

of study leading to a degree in theology, religion, or other       12,692       

field of preparation for a religious profession UNLESS THE COURSE  12,693       

                                                          265    


                                                                 
OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF    12,694       

SCIENCE DEGREE.                                                                 

      Institutions of higher education that enroll students        12,696       

receiving grants under this section shall report to the board the  12,698       

name of each student who has received such a grant but who is no   12,699       

longer eligible for all or part of such grant and shall refund     12,700       

all moneys due to the state within thirty days after the           12,701       

beginning of the term immediately following the term in which the  12,702       

student was no longer eligible to receive all or part of the                    

grant.  There shall be an interest charge of one per cent per      12,703       

month on all moneys due and payable after such thirty-day period.  12,704       

The board shall immediately notify the office of budget and        12,706       

management and the legislative budget office of the legislative                 

service commission of all refunds received.                        12,707       

      Sec. 3333.29.  (A)  AS USED IN THIS SECTION, "RESIDENT" HAS  12,709       

THE MEANING ESTABLISHED FOR PURPOSES OF THIS SECTION BY RULE OF    12,710       

THE OHIO BOARD OF REGENTS.                                         12,711       

      (B)  BEGINNING JULY 1, 2000, THE OHIO BOARD OF REGENTS       12,714       

SHALL ESTABLISH AND ADMINISTER THE STUDENT WORKFORCE DEVELOPMENT   12,715       

GRANT PROGRAM AND SHALL ADOPT RULES FOR THE ADMINISTRATION OF THE  12,716       

PROGRAM.  SUCH RULES SHALL BE SIMILAR TO THE RULES THE OHIO BOARD  12,717       

OF REGENTS ADOPTS UNDER SECTION 3333.27 OF THE REVISED CODE.       12,718       

      (C)  THE OHIO BOARD OF REGENTS MAY MAKE A GRANT TO ANY       12,720       

RESIDENT OF THIS STATE WHO IS ENROLLED AS A FULL-TIME STUDENT IN   12,722       

AN AUTHORIZED BACCALAUREATE DEGREE OR ASSOCIATE DEGREE PROGRAM AT  12,723       

A PRIVATE CAREER SCHOOL REGISTERED IN ACCORDANCE WITH SECTION      12,725       

3332.05 OF THE REVISED CODE AND WHO MAINTAINS AN ACADEMIC RECORD   12,726       

THAT MEETS OR EXCEEDS A STANDARD ESTABLISHED BY RULE OF THE STATE               

BOARD OF PROPRIETARY SCHOOL REGISTRATION, EXCEPT THAT NO GRANT     12,727       

SHALL BE MADE TO ANY INDIVIDUAL WHO WAS ENROLLED AS A STUDENT IN   12,728       

A REGISTERED PRIVATE CAREER SCHOOL BEFORE JULY 1, 2000.  EACH      12,729       

GRANT AWARD SHALL BE IN AN AMOUNT OF APPROXIMATELY TWO HUNDRED     12,730       

DOLLARS.  THE ACTUAL SIZE OF AN ANNUAL GRANT AWARD SHALL BE                     

DETERMINED BY THE OHIO BOARD OF REGENTS BASED ON THE AMOUNT OF     12,731       

                                                          266    


                                                                 
FUNDS AVAILABLE FOR THE PROGRAM.  THE GRANT SHALL BE PRORATED AND  12,732       

PAID IN EQUAL INSTALLMENTS PER ACADEMIC TERM IN ACCORDANCE WITH    12,733       

DIVISION (E) OF THIS SECTION.                                                   

      (D)  THE OHIO BOARD OF REGENTS SHALL PRESCRIBE THE FORM AND  12,735       

MANNER OF APPLICATION FOR GRANTS AND SHALL PROVIDE A METHOD FOR    12,736       

REGISTERED PRIVATE CAREER SCHOOLS TO CERTIFY APPLICANTS WHO ARE    12,737       

ENROLLED IN AUTHORIZED BACCALAUREATE DEGREE OR ASSOCIATE DEGREE    12,738       

PROGRAMS AND HAVE ACADEMIC RECORDS MEETING OR EXCEEDING THE        12,739       

STANDARD ESTABLISHED BY THE STATE BOARD OF PROPRIETARY SCHOOL      12,740       

REGISTRATION.                                                      12,741       

      (E)  A GRANT AWARDED TO AN ELIGIBLE STUDENT SHALL BE PAID    12,743       

TO THE REGISTERED PRIVATE CAREER SCHOOL IN WHICH THE STUDENT IS    12,744       

ENROLLED, AND THE SCHOOL SHALL REDUCE THE STUDENT'S INSTRUCTIONAL               

AND GENERAL CHARGES BY THE AMOUNT OF THE GRANT.  EACH GRANT        12,745       

AWARDED SHALL BE PAID IN ACCORDANCE WITH DIVISION (C) OF THIS      12,746       

SECTION WITHIN THIRTY DAYS AFTER THE START OF EACH TERM OF THE     12,747       

ACADEMIC YEAR FOR WHICH THE GRANT IS AWARDED.  NO STUDENT SHALL    12,748       

BE ELIGIBLE TO RECEIVE GRANTS FOR MORE THAN THE EQUIVALENT OF                   

FIVE ACADEMIC YEARS.                                               12,749       

      (F)  THE RECEIPT OF A WORKFORCE DEVELOPMENT GRANT SHALL NOT  12,751       

AFFECT A STUDENT'S ELIGIBILITY FOR ASSISTANCE OR THE AMOUNT OF     12,752       

SUCH ASSISTANCE GRANTED UNDER ANY OTHER PROVISION OF STATE LAW.                 

IF A STUDENT RECEIVES ASSISTANCE UNDER ONE OR MORE OTHER           12,753       

PROVISIONS OF STATE LAW, THE GRANT MADE TO THE STUDENT UNDER THIS  12,754       

SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE TOTAL          12,755       

INSTRUCTIONAL AND GENERAL CHARGES ASSESSED TO THE STUDENT BY THE   12,756       

PRIVATE CAREER SCHOOL AND THE AMOUNT OF TOTAL ASSISTANCE THE       12,757       

STUDENT RECEIVES UNDER OTHER PROVISIONS OF STATE LAW.              12,758       

      (G) THE GENERAL ASSEMBLY SHALL SUPPORT THE WORKFORCE         12,760       

DEVELOPMENT GRANT PROGRAM WITH SUCH APPROPRIATIONS AS THE GENERAL  12,761       

ASSEMBLY SEES FIT.  THE OHIO BOARD OF REGENTS MAY ALSO RECEIVE     12,762       

FUNDS FROM OTHER SOURCES TO SUPPORT THE PROGRAM.                   12,763       

      (H)  PRIVATE CAREER SCHOOLS THAT ENROLL STUDENTS RECEIVING   12,765       

GRANTS UNDER THIS SECTION SHALL REPORT TO THE OHIO BOARD OF        12,766       

                                                          267    


                                                                 
REGENTS THE NAME OF EACH STUDENT WHO HAS RECEIVED SUCH A GRANT     12,767       

BUT WHO IS NO LONGER ELIGIBLE FOR SUCH A GRANT.  IN THE EVENT      12,768       

THAT AN ELIGIBLE STUDENT WHO HAS BEEN AWARDED A GRANT UNDER THIS                

SECTION WITHDRAWS FROM ENROLLMENT AT A SCHOOL DURING ANY TERM,     12,769       

THE SCHOOL SHALL REFUND A PRORATED AMOUNT OF THE STUDENT'S GRANT   12,770       

FOR THAT TERM TO THE OHIO BOARD OF REGENTS IN ACCORDANCE WITH THE  12,771       

SCHOOL'S REFUND POLICY.                                            12,772       

      (I)  BEGINNING JULY 1, 2000, THE STATE BOARD OF PROPRIETARY  12,775       

SCHOOL REGISTRATION SHALL REPORT TO THE OHIO BOARD OF REGENTS      12,776       

EACH DEGREE GRANTING PROPRIETARY SCHOOL'S JOB PLACEMENT RATE FOR   12,777       

THE IMMEDIATELY PRECEDING ACADEMIC YEAR.  NO GRANT AWARDED TO AN   12,779       

ELIGIBLE STUDENT UNDER THIS SECTION SHALL BE PAID TO A REGISTERED  12,780       

PRIVATE CAREER SCHOOL IF THE SCHOOL'S JOB PLACEMENT RATE FOR THAT  12,781       

STUDENT'S BACCALAUREATE DEGREE OR ASSOCIATE DEGREE PROGRAM FOR     12,782       

THE PRECEDING ACADEMIC YEAR WAS LESS THAN SEVENTY-FIVE PER CENT.   12,783       

      Sec. 3333.50.  (A)(1)  THERE IS HEREBY CREATED THE OHIO      12,785       

HIGHER EDUCATION, BUSINESS, AND ECONOMIC DEVELOPMENT COUNCIL.      12,786       

THE COUNCIL SHALL CONSIST OF SIXTEEN MEMBERS, INCLUDING THE        12,788       

CHANCELLOR OF THE OHIO BOARD OF REGENTS, THE DIRECTOR OF           12,789       

DEVELOPMENT, THE GOVERNOR'S SCIENCE AND TECHNOLOGY ADVISOR, THE    12,790       

CHAIRPERSON OF THE INTER-UNIVERSITY COUNCIL OF OHIO, THE           12,791       

CHAIRPERSON OF THE ASSOCIATION OF INDEPENDENT COLLEGES AND         12,792       

UNIVERSITIES, THE SECRETARY OF THE OHIO ASSOCIATION OF COMMUNITY   12,793       

COLLEGES, ONE MEMBER OF THE SENATE FROM EACH MAJOR PARTY           12,794       

APPOINTED BY THE PRESIDENT OF THE SENATE, ONE MEMBER OF THE HOUSE  12,795       

OF REPRESENTATIVES FROM EACH MAJOR PARTY APPOINTED BY THE SPEAKER  12,796       

OF THE HOUSE OF REPRESENTATIVES, AND SIX REPRESENTATIVES OF        12,798       

PRIVATE BUSINESS APPOINTED JOINTLY BY THE CHANCELLOR OF THE BOARD  12,799       

OF REGENTS AND THE DIRECTOR OF DEVELOPMENT.  ONE REPRESENTATIVE    12,800       

OF PRIVATE BUSINESS SHALL BE APPOINTED FROM EACH OF THE FIVE       12,801       

HIGHER EDUCATION REGIONS OF THE BOARD OF REGENTS AND ONE           12,802       

REPRESENTATIVE OF PRIVATE BUSINESS SHALL BE APPOINTED AT LARGE.    12,803       

THE COUNCIL SHALL BE CHAIRED JOINTLY BY THE CHANCELLOR OF THE      12,804       

BOARD OF REGENTS, THE DIRECTOR OF DEVELOPMENT, AND THE AT-LARGE    12,805       

                                                          268    


                                                                 
REPRESENTATIVE OF PRIVATE BUSINESS.  THE TERMS OF THE              12,806       

REPRESENTATIVES OF PRIVATE BUSINESS SHALL BE THREE YEARS.          12,807       

      (2)  MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT              12,809       

COMPENSATION BUT SHALL BE PAID THE ACTUAL AND NECESSARY EXPENSES   12,810       

THEY INCUR IN THE PERFORMANCE OF THEIR DUTIES.                     12,811       

      (3)  THE BOARD OF REGENTS AND THE DEPARTMENT OF DEVELOPMENT  12,813       

SHALL PROVIDE STAFF PERSONNEL FOR THE COUNCIL AND SHARE THE        12,814       

EXPENSES OF THE COUNCIL EQUALLY.                                   12,815       

      (4)  THE COUNCIL SHALL MEET AT LEAST FOUR TIMES ANNUALLY AT  12,817       

SUCH TIMES AND PLACES AS MAY BE DESIGNATED BY THE CHAIRPERSONS.    12,818       

      (B)  THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND         12,820       

DUTIES:                                                                         

      (1)  TO PROVIDE A FORUM IN WHICH LEADERS OF BUSINESS,        12,822       

HIGHER EDUCATION, AND GOVERNMENT MAY FORMULATE BOTH SHORT-TERM     12,823       

AND LONG-TERM STRATEGIES TO ADVANCE TECHNOLOGICAL DEVELOPMENT IN   12,824       

OHIO;                                                                           

      (2)  TO STIMULATE COLLABORATION AMONG BUSINESS, HIGHER       12,826       

EDUCATION, AND GOVERNMENT THAT WILL ENCOURAGE RESEARCH IN SCIENCE  12,827       

AND TECHNOLOGY, THE DEVELOPMENT OF NEW WORK SKILLS, THE            12,828       

INTRODUCTION OF NEW PRODUCTS, THE STRENGTHENING OF EXISTING        12,829       

BUSINESSES, AND THE CREATION OF NEW BUSINESSES;                    12,830       

      (3)  TO ENCOURAGE THE DEVELOPMENT OF REGIONAL ECONOMIC       12,832       

CLUSTERS AND TO PROVIDE A FORUM FOR THE FORMULATION OF STATEWIDE   12,833       

POLICIES THAT WILL ENHANCE THE CREATION AND GROWTH OF SUCH         12,834       

CLUSTERS;                                                                       

      (4)  TO ENCOURAGE STATE POLICIES AND INVESTMENTS THAT        12,836       

FOSTER THE DEVELOPMENT OF KNOWLEDGE AND THE USE OF NEW             12,837       

TECHNOLOGIES THAT WILL BE REQUIRED FOR OHIO TO BE A LEADING        12,838       

ECONOMIC STATE IN THE TWENTY-FIRST CENTURY;                        12,839       

      (5)  TO FOCUS RESEARCH AND WORKFORCE TRAINING ON AREAS OF    12,841       

CRITICAL NEED TO THE STATE;                                        12,842       

      (6)  TO ENCOURAGE INVESTMENTS IN OHIO HIGHER EDUCATION THAT  12,844       

WILL ENSURE STATE-OF-THE-ART TECHNOLOGY, JOB TRAINING, RESEARCH,   12,845       

AND EQUIPMENT ON OHIO CAMPUSES;                                    12,846       

                                                          269    


                                                                 
      (7)  TO PROMOTE PROGRAMS THAT WILL ATTRACT TO AND RETAIN IN  12,848       

OHIO COLLEGES AND UNIVERSITIES WORLD-CLASS FACULTY IN AREAS OF     12,849       

CRITICAL NEED TO THE STATE;                                        12,850       

      (8)  TO MAKE HIGHER EDUCATION IN OHIO MORE AFFORDABLE AND    12,852       

ACCESSIBLE;                                                        12,853       

      (9)  TO ENSURE THAT OHIO COLLEGES AND UNIVERSITIES ACHIEVE   12,855       

THE HIGHEST STANDARDS OF EFFICIENCY AND INCREASE PRODUCTIVITY IN   12,856       

TEACHING, RESEARCH, AND ADMINISTRATION WHILE MAINTAINING QUALITY   12,857       

PROGRAMS;                                                                       

      (10)  TO IDENTIFY CRITICAL STATE NEEDS TO BE ADDRESSED BY    12,859       

PROGRAMS DESIGNED TO ATTRACT, DEVELOP, AND RETAIN COMPANIES OF     12,860       

STRATEGIC IMPORTANCE TO THE STATE'S ECONOMY OR TO FUND GRADUATE    12,861       

EDUCATION OR ATTRACT EMINENT SCHOLARS TO OR RETAIN THEM AT OHIO    12,862       

COLLEGES AND UNIVERSITIES, AND TO MAKE RECOMMENDATIONS TO THE      12,863       

AGENCIES OR OFFICES THAT ADMINISTER SUCH PROGRAMS;                              

      (11)  TO MAKE SUCH RULES AS THE COUNCIL CONSIDERS ADVISABLE  12,865       

FOR THE CONDUCT OF ITS OWN BUSINESS.                               12,866       

      (C)  THE COUNCIL SHALL REPORT ANNUALLY TO THE GOVERNOR ON    12,868       

COUNCIL ACTIVITIES AND ON OHIO'S EDUCATIONAL AND TECHNOLOGICAL     12,870       

DEVELOPMENT.  THE ANNUAL REPORT MAY INCLUDE ANY RECOMMENDATIONS    12,871       

BELIEVED NECESSARY OR DESIRABLE TO CARRY OUT THE PURPOSES OF THIS  12,872       

SECTION.                                                                        

      (D)  THE COUNCIL IS NOT SUBJECT TO SECTION 101.84 OF THE     12,874       

REVISED CODE AND SHALL NOT EXPIRE IN ACCORDANCE WITH THAT          12,875       

SECTION.                                                                        

      Sec. 3345.22.  (A)  A student, faculty or staff member, or   12,884       

employee of a college or university which THAT receives any state  12,886       

funds in support thereof, arrested for any offense covered by      12,887       

division (D) of section 3345.23 of the Revised Code shall be       12,888       

afforded a hearing, as provided in this section, to determine      12,889       

whether he THE PERSON shall be immediately suspended from such     12,891       

THE college or university.  Such THE hearing shall be held within  12,892       

not more than five days after his THE PERSON'S arrest, subject to  12,894       

reasonable continuances for good cause shown, which continuances   12,897       

                                                          270    


                                                                 
shall not exceed a total of ten days.                              12,898       

      (B)  The arresting authority shall immediately notify the    12,900       

president of the college or university of the arrest of a          12,901       

student, faculty or staff member, or employee of such THE college  12,903       

or university for any offense covered by division (D) of section   12,904       

3345.23 of the Revised Code, and the president shall immediately   12,905       

notify the chancellor of the Ohio board of regents of such         12,907       

arrest.  The hearing to determine whether the person shall be                   

immediately suspended shall be held in the county where the        12,908       

college or university is located, before a referee appointed by    12,909       

the board of regents PRESIDENT.  Such THE referee shall be an      12,911       

attorney admitted to the practice of law in Ohio, but he THE       12,912       

REFEREE shall not be attorney for, or a faculty or staff member    12,913       

or employee of, any college or university.  Immediate notice of    12,914       

the time and place of such THE hearing shall be given or sent to   12,915       

such THE person.                                                                

      (C)  The referee may administer oaths, issue subpoenas to    12,917       

compel the attendance of witnesses and the production of           12,918       

evidence, and enforce such THE subpoenas, as well as preserve the  12,920       

order and decorum of the proceedings over which he THE REFEREE     12,921       

presides, by means of contempt proceedings in the court of common  12,922       

pleas as provided by law.                                          12,923       

      (D)  The hearing shall be adversary in nature, and shall be  12,925       

conducted fairly and impartially, but the formalities of the       12,926       

criminal process are not required.  A person whose suspension is   12,927       

being considered has the right to be represented by counsel, but   12,928       

counsel need not be furnished for him THE PERSON.  Such THE        12,930       

person also has the right to cross-examine witnesses against him   12,931       

THE PERSON, to testify, and to present the testimony of witnesses  12,932       

and other evidence in his THE PERSON'S behalf.  In the absence of  12,933       

a waiver of the right against compulsory self-incrimination, the   12,934       

testimony of a person whose suspension is being considered, given  12,935       

at such THE hearing, shall not subsequently be used in any         12,937       

criminal proceeding against him THE PERSON.  The referee may       12,938       

                                                          271    


                                                                 
require the separation of witnesses, and may bar from the          12,941       

proceedings any person whose presence is not essential to such     12,942       

THE proceedings, except that members of the news media shall not   12,943       

be barred from such THE proceedings.                               12,944       

      (E)  Upon hearing, if the referee finds by a preponderance   12,946       

of the evidence that the person whose suspension is being          12,947       

considered committed any offense covered by division (D) of        12,948       

section 3345.23 of the Revised Code, he THE REFEREE shall order    12,949       

the person suspended, except that when the good order and          12,950       

discipline of a college or university will not be prejudiced or    12,951       

compromised thereby, the referee may permit the person to return   12,952       

to the college or university on terms of strict disciplinary       12,953       

probation.  Subsequent violation of the terms of the probation     12,954       

automatically effects a suspension.  A person suspended under      12,955       

this section may be readmitted pursuant to division (A) of         12,956       

section 3345.23 of the Revised Code.  A suspension under this      12,957       

section is in effect until the person is acquitted or convicted    12,958       

of the crime for which he THE PERSON was arrested.  If convicted,  12,959       

he THE PERSON is dismissed pursuant to section 3345.23 of the      12,960       

Revised Code.                                                                   

      (F)  Upon acquittal, or upon any final judicial              12,962       

determination not resulting in conviction, of the charges for      12,963       

which a person is suspended pursuant to this section, such THE     12,964       

suspension automatically terminates, and the person suspended      12,965       

shall be reinstated and the record of the suspension expunged      12,966       

from his THE PERSON'S college or university record.                12,967       

      (G)  An order of a referee pursuant to this section may be   12,969       

appealed on questions of law and fact to the court of common       12,970       

pleas of the county in which the college or university is          12,971       

located, within twenty days after the date of the order.  If the   12,972       

court to which such AN appeal is taken determines that the good    12,973       

order and discipline of a college or university will not be        12,974       

prejudiced thereby, it may permit the person suspended to return   12,975       

to the college or university on terms of strict disciplinary       12,976       

                                                          272    


                                                                 
probation.                                                         12,977       

      (H)  A person afforded a hearing pursuant to this section    12,979       

who does not appear at the hearing shall be declared suspended by  12,980       

the hearing officer.                                               12,981       

      Sec. 3365.01.  As used in sections 3365.01 to 3365.10 of     12,990       

the Revised Code:                                                  12,991       

      (A)  "College" means any state-assisted college or           12,993       

university described in section 3333.041 of the Revised Code, any  12,994       

nonprofit institution holding a certificate of authorization       12,995       

pursuant to Chapter 1713. of the Revised Code, and any             12,996       

institution holding a certificate of registration from the state   12,997       

board of proprietary school registration and program               12,998       

authorization for an associate or bachelor's degree program        12,999       

issued under section 3332.05 of the Revised Code.                  13,000       

      (B)  "School district", EXCEPT AS SPECIFIED IN DIVISION (G)  13,002       

OF THIS SECTION, means any school district to which a student is   13,004       

admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of    13,005       

the Revised Code and does not include a joint vocational or        13,006       

cooperative education school district.                                          

      (C)  "Parent" has the same meaning as in section 3313.64 of  13,008       

the Revised Code.                                                  13,009       

      (D)  "Participant" means a student enrolled in a college     13,011       

under the post-secondary enrollment options program established    13,012       

by this chapter.                                                   13,013       

      (E)  "Secondary grade" means the ninth through twelfth       13,016       

grades.                                                            13,017       

      (F)  "School foundation payments" means the amount required  13,019       

to be paid to a school district for a fiscal year under Chapter    13,020       

3317. of the Revised Code.                                         13,021       

      (G)  "Tuition base" means, with respect to a participant's   13,023       

school district, the formula amount defined in division (B) of     13,025       

section 3317.02 of the Revised Code multiplied by the district's   13,026       

cost-of-doing-business factor defined in division (N) of section   13,028       

3317.02 of the Revised Code.  THE PARTICIPANT'S "SCHOOL DISTRICT"  13,029       

                                                          273    


                                                                 
IN THE CASE OF A PARTICIPANT ENROLLED IN A COMMUNITY SCHOOL SHALL               

BE THE SCHOOL DISTRICT IN WHICH THE STUDENT IS ENTITLED TO ATTEND  13,030       

SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.       13,031       

      (H)  "Educational program" means enrollment in one or more   13,033       

school districts, in a nonpublic school, or in a college under     13,034       

division (B) of section 3365.04 of the Revised Code.               13,035       

      (I)  "Nonpublic school" means a chartered or nonchartered    13,037       

school for which minimum standards are prescribed by the state     13,039       

board of education pursuant to division (D) of section 3301.07 of  13,040       

the Revised Code.                                                               

      (J)  "School year" means the year beginning on the first     13,042       

day of July and ending on the thirtieth day of June.               13,043       

      (K)  "COMMUNITY SCHOOL" MEANS ANY SCHOOL ESTABLISHED         13,045       

PURSUANT TO CHAPTER 3314. OF THE REVISED CODE THAT INCLUDES        13,046       

SECONDARY GRADES.                                                               

      (L)  "COMMUNITY SCHOOL PAYMENTS" MEANS PAYMENTS MADE BY THE  13,048       

DEPARTMENT OF EDUCATION TO A COMMUNITY SCHOOL PURSUANT TO          13,049       

DIVISION (D) OF SECTION 3314.08 OF THE REVISED CODE.               13,050       

      Sec. 3365.02.  There is hereby established the               13,059       

post-secondary enrollment options program under which a secondary  13,060       

grade student may enroll at a college, on a full- or part-time     13,061       

basis, and complete nonsectarian courses for high school and       13,062       

college credit.                                                    13,063       

      Secondary grade students in a nonpublic school may           13,065       

participate in the post-secondary enrollment options program if    13,066       

the chief administrator of such school notifies the department of  13,067       

education by the first day of April prior to the school year in    13,068       

which the school's students will participate.                      13,069       

      The state board of education, after consulting with the      13,071       

board of regents, shall adopt rules governing the program.  The    13,072       

rules shall include:                                               13,073       

      (A)  Requirements for school districts, COMMUNITY SCHOOLS,   13,076       

or participating nonpublic schools to provide information about    13,077       

the program prior to the first day of March of each year to all    13,078       

                                                          274    


                                                                 
students enrolled in grades eight through eleven.;                 13,079       

      (B)  A requirement that a student or the student's parent    13,081       

inform the district board of education, THE GOVERNING AUTHORITY    13,083       

OF A COMMUNITY SCHOOL, or the nonpublic school administrator by    13,085       

the thirtieth day of March of the student's intent to participate  13,086       

in the program during the following school year.  The rule shall   13,087       

provide that any student who fails to notify a district board,     13,088       

THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL, or the nonpublic    13,089       

school administrator by the required date may not participate in   13,090       

the program during the following school year without the written   13,091       

consent of the district superintendent, THE GOVERNING AUTHORITY    13,092       

OF A COMMUNITY SCHOOL, or the nonpublic school administrator.      13,093       

      (C)  Requirements that school districts AND COMMUNITY        13,095       

SCHOOLS provide counseling services to students in grades eight    13,097       

through eleven and to their parents before the students            13,100       

participate in the program under this chapter to ensure that       13,101       

students and parents are fully aware of the possible risks and     13,102       

consequences of participation.  Counseling information shall       13,103       

include without limitation:                                                     

      (1)  Program eligibility;                                    13,105       

      (2)  The process for granting academic credits;              13,107       

      (3)  Financial arrangements for tuition, books, materials,   13,109       

and fees;                                                          13,110       

      (4)  Criteria for any transportation aid;                    13,112       

      (5)  Available support services;                             13,114       

      (6)  Scheduling;                                             13,116       

      (7)  The consequences of failing or not completing a course  13,118       

in which the student enrolls and the effect of the grade attained  13,119       

in the course being included in the student's grade point          13,120       

average, if applicable;                                            13,121       

      (8)  The effect of program participation on the student's    13,123       

ability to complete the district's, COMMUNITY SCHOOL'S, or         13,125       

nonpublic school's graduation requirements;                        13,126       

      (9)  The academic and social responsibilities of students    13,128       

                                                          275    


                                                                 
and parents under the program;                                     13,129       

      (10)  Information about and encouragement to use the         13,131       

counseling services of the college in which the student intends    13,132       

to enroll.                                                         13,133       

      (D)  A requirement that the student and the student's        13,135       

parent sign a form, provided by the school district OR SCHOOL,     13,137       

stating that they have received the counseling required by         13,138       

division (C) of this section and that they understand the          13,139       

responsibilities they must assume in the program.;                 13,140       

      (E)  The options required by section 3365.04 of the Revised  13,142       

Code.;                                                             13,143       

      (F)  A REQUIREMENT THAT BEFORE ENROLLING IN A SPECIFIC       13,145       

COLLEGE COURSE THROUGH THE PROGRAM, A STUDENT HAVE A GRADE POINT   13,146       

AVERAGE OF NOT LESS THAN 3.0 ON A 4.0 SCALE, OR THE EQUIVALENT,    13,147       

IN HIGH SCHOOL COURSES THE STUDENT HAS COMPLETED IN THE SAME       13,148       

SUBJECT AREA AS THE COLLEGE COURSE IN WHICH THE STUDENT SEEKS TO   13,149       

ENROLL.                                                                         

      Sec. 3365.03.  (A)  Notwithstanding any other provision of   13,158       

law, a student enrolled in a school district, A COMMUNITY SCHOOL,  13,160       

or a participating nonpublic school may apply to a college to      13,162       

enroll in it during the student's ninth, tenth, eleventh, or       13,163       

twelfth grade school year under this chapter.  For purposes of     13,164       

this division, during the period of an expulsion imposed under     13,166       

division (B) of section 3313.66 of the Revised Code or extended    13,168       

under division (F) of that section, a student is ineligible to     13,169       

apply to enroll in a college under this section, unless the                     

student is admitted to another school district OR COMMUNITY        13,171       

SCHOOL, or a participating nonpublic school.  If a student is      13,173       

enrolled in a college under this section at the time the student   13,174       

is expelled under division (B) of section 3313.66 of the Revised   13,175       

Code, the student's status for the remainder of the college term   13,177       

in which the expulsion is imposed shall be determined under                     

section 3365.041 of the Revised Code.                              13,178       

      (B)  If a college accepts a student who applies under this   13,181       

                                                          276    


                                                                 
section, it shall send written notice to the student, the          13,182       

student's school district, COMMUNITY SCHOOL, or nonpublic school,  13,184       

and the superintendent of public instruction within ten days       13,185       

after acceptance.  Within ten days after each enrollment for a     13,186       

term, the college shall also send the student, the student's       13,187       

school district, COMMUNITY SCHOOL, or nonpublic school, and the    13,189       

superintendent of public instruction a written notice indicating   13,190       

the courses and hours of enrollment of the student and the option  13,191       

elected by the student under division (A) or (B) of section        13,192       

3365.04 of the Revised Code for each course.                                    

      Sec. 3365.041.  (A)  When a school district superintendent   13,201       

OR GOVERNING AUTHORITY OF A COMMUNITY SCHOOL expels a student      13,203       

under division (B) of section 3313.66 of the Revised Code, the     13,205       

district superintendent OR BOARD shall send a written notice of    13,206       

the expulsion to any college in which the expelled student is      13,207       

enrolled under section 3365.03 of the Revised Code at the time     13,209       

the expulsion is imposed.  The notice shall indicate the date the  13,210       

expulsion is scheduled to expire.  The notice also shall indicate  13,211       

whether the district board of education OR COMMUNITY SCHOOL        13,212       

GOVERNING AUTHORITY has adopted a policy under section 3313.613    13,214       

of the Revised Code to deny high school credit for post-secondary  13,216       

courses taken during an expulsion.  If the expulsion is extended   13,217       

under division (F) of section 3313.66 of the Revised Code, the     13,218       

district superintendent OR GOVERNING AUTHORITY shall notify the    13,219       

college of the extension.                                          13,220       

      (B)  A college may withdraw its acceptance under section     13,223       

3365.03 of the Revised Code of a student who is expelled from      13,224       

school under division (B) of section 3313.66 of the Revised Code.  13,226       

As provided in section 3365.03 of the Revised Code, regardless of  13,227       

whether the college withdraws its acceptance of the student for    13,228       

the college term in which the student is expelled, the student is  13,229       

ineligible to enroll in a college under that section for           13,230       

subsequent college terms during the period of the expulsion,       13,231       

unless the student enrolls in another school district OR           13,232       

                                                          277    


                                                                 
COMMUNITY SCHOOL, or participating nonpublic school during that    13,234       

period.                                                                         

      If a college withdraws its acceptance of an expelled         13,236       

student who elected the option of division (A) of section 3365.04  13,237       

of the Revised Code, the college shall refund tuition and fees     13,239       

paid by the student in the same proportion that it refunds         13,240       

tuition and fees to students who voluntarily withdraw from the     13,241       

college at the same time in the term.                                           

      If a college withdraws its acceptance of an expelled         13,243       

student who elected the option of division (B) of section 3365.04  13,244       

of the Revised Code, the school district OR COMMUNITY SCHOOL       13,245       

shall not award high school credit for the college courses in      13,246       

which the student was enrolled at the time the college withdrew    13,248       

its acceptance, and any reimbursement under section 3365.07 of     13,249       

the Revised Code for the student's attendance prior to the         13,250       

withdrawal shall be the same as would be paid for a student who    13,251       

voluntarily withdrew from the college at the same time in the      13,252       

term.  If the withdrawal results in the college's receiving no     13,253       

reimbursement, the college may require the student to return or    13,254       

pay for the textbooks and materials it provided the student free   13,255       

of charge under section 3365.08 of the Revised Code.               13,256       

      (C)  When a student who elected the option of division (B)   13,259       

of section 3365.04 of the Revised Code is expelled under division  13,261       

(B) of section 3313.66 of the Revised Code from a school district  13,263       

OR COMMUNITY SCHOOL that has adopted a policy under section        13,264       

3313.613 of the Revised Code, that election is automatically       13,266       

revoked for all college courses in which the student is enrolled   13,267       

during the college term in which the expulsion is imposed.  Any    13,268       

reimbursement under section 3365.07 of the Revised Code for the    13,269       

student's attendance prior to the expulsion shall be the same as   13,270       

would be paid for a student who voluntarily withdrew from the      13,271       

college at the same time in the term.  If the revocation results   13,272       

in the college's receiving no reimbursement, the college may       13,273       

require the student to return or pay for the textbooks and         13,274       

                                                          278    


                                                                 
materials it provided the student free of charge under section     13,275       

3365.08 of the Revised Code.                                       13,276       

      No later than five days after receiving an expulsion notice  13,278       

from the superintendent of a district OR THE GOVERNING AUTHORITY   13,279       

OF A COMMUNITY SCHOOL that has adopted a policy under section      13,280       

3313.613 of the Revised Code, the college shall send a written     13,282       

notice to the expelled student that the student's election of      13,283       

division (B) of section 3365.04 of the Revised Code is revoked.    13,285       

If the college elects not to withdraw its acceptance of the        13,286       

student, the student shall pay all applicable tuition and fees     13,287       

for the college courses and shall pay for the textbooks and        13,289       

materials that the college provided under section 3365.08 of the   13,290       

Revised Code.                                                                   

      Sec. 3365.05.  High school credit awarded for courses        13,299       

successfully completed under this chapter shall count toward the   13,300       

graduation requirements and subject area requirements of the       13,301       

school district, COMMUNITY SCHOOL, or nonpublic school.  If a      13,303       

course comparable to one a student completed at a college is       13,304       

offered by the district, COMMUNITY SCHOOL, or nonpublic school,    13,306       

the board or school shall award comparable credit for the course   13,307       

completed at the college.  If no comparable course is offered by   13,308       

the district, COMMUNITY SCHOOL, or nonpublic school, the board or  13,310       

school shall grant an appropriate number of credits in a similar   13,311       

subject area to the student.                                                    

      If there is a dispute between a school district board OR A   13,313       

COMMUNITY SCHOOL GOVERNING AUTHORITY and a student regarding high  13,315       

school credits granted for a course, the student may appeal the    13,316       

board's OR GOVERNING AUTHORITY'S decision to the state board of    13,317       

education.  The state board's decision regarding any high school   13,318       

credits granted under this division is final.                      13,319       

      Evidence of successful completion of each course and the     13,321       

high school credits awarded by the district, COMMUNITY SCHOOL, or  13,323       

participating nonpublic school shall be included in the student's  13,324       

record.  The record shall indicate that the credits were earned    13,325       

                                                          279    


                                                                 
as a participant under this chapter and shall include the name of  13,326       

the college at which the credits were earned.  The district        13,327       

board, COMMUNITY SCHOOL GOVERNING AUTHORITY, or nonpublic school   13,329       

shall determine whether and the manner in which the grade          13,330       

achieved in a course completed at a college under division (B) of  13,331       

section 3365.04 of the Revised Code will be counted in any         13,332       

cumulative grade point average maintained for the student.         13,333       

      Sec. 3365.07.  (A)  The rules adopted under section 3365.02  13,345       

of the Revised Code shall specify a method for each of the         13,346       

following:                                                         13,347       

      (1)  Determining, with respect to any participant, the       13,349       

percentage of a full-time educational program constituted by the   13,350       

participant's total educational program.  That percentage shall    13,351       

be the participant's full-time equivalency percentage for          13,352       

purposes of the computation required by division (B)(1) of this    13,353       

section.                                                           13,354       

      (2)  In the case of a participant who is not enrolled in a   13,356       

participating nonpublic school, determining the percentage of a    13,357       

participant's school day during which he THE PARTICIPANT is        13,358       

participating in each of the following:                            13,360       

      (a)  Programs provided by the city, local, or exempted       13,362       

village school district, OR A COMMUNITY SCHOOL;                    13,363       

      (b)  Programs provided by a joint vocational school          13,365       

district;                                                          13,366       

      (c)  Programs provided by a college under division (B) of    13,368       

section 3365.04 of the Revised Code.                               13,369       

The sum of divisions (A)(2)(a) to (c) of this section shall equal  13,371       

one hundred per cent.                                              13,372       

      (3)  In the case of a participant who is not enrolled in a   13,374       

participating nonpublic school, determining the percentage of a    13,375       

participant's enrollment that shall be deemed to be enrollment in  13,376       

a joint vocational school district and the percentage that shall   13,377       

be deemed to be enrollment in a city, local, or exempted village   13,378       

school district.  The sum of such percentages shall equal one      13,379       

                                                          280    


                                                                 
hundred per cent.                                                  13,380       

      (4)  In the case of a participant who is enrolled in a       13,382       

participating nonpublic school, determining the percentage of a    13,383       

participant's school day during which he THE PARTICIPANT is        13,384       

participating in programs provided by a college under division     13,386       

(B) of section 3365.04 of the Revised Code.                        13,387       

      (B)  Each July, the department of education shall pay each   13,389       

college for any participant enrolled in the college in the prior   13,390       

school year under division (B) of section 3365.04 of the Revised   13,391       

Code an amount computed as follows:                                13,392       

      (1)  Multiply the tuition base by the participant's          13,394       

full-time equivalency percentage and multiply the resulting        13,395       

amount by a percentage equal to the percentage of the              13,396       

participant's school day apportioned to the college under          13,397       

division (A)(2)(c) or (4) of this section, as applicable.          13,398       

      (2)  Pay the college the lesser of:                          13,400       

      (a)  The amount computed under division (B)(1) of this       13,402       

section;                                                           13,403       

      (b)  The actual costs that would have been the               13,405       

responsibility of the participant had he THE PARTICIPANT elected   13,406       

to enroll under division (A) of section 3365.04 of the Revised     13,408       

Code, as verified by the department, of tuition, textbooks,        13,409       

materials, and fees directly related to any courses elected by     13,410       

the participant during the prior school year under division (B)    13,411       

of section 3365.04 of the Revised Code.                            13,412       

      (C)  The department shall not reimburse any college for any  13,414       

course taken by a participant under division (A) of section        13,415       

3365.04 of the Revised Code.                                       13,416       

      (D)  If the participant was not enrolled in a participating  13,418       

nonpublic school, the amount paid under division (B) of this       13,419       

section for each participant shall be subtracted from the school   13,420       

foundation payments made to the participant's school district OR,  13,421       

IF THE PARTICIPANT WAS ENROLLED IN A COMMUNITY SCHOOL, FROM THE    13,422       

COMMUNITY SCHOOL PAYMENTS MADE TO THE PARTICIPANT'S SCHOOL UNDER   13,423       

                                                          281    


                                                                 
SECTION 3314.08 OF THE REVISED CODE. If the participant was        13,424       

enrolled in a joint vocational school district, a portion of the   13,425       

amount shall be subtracted from the payments to the joint          13,426       

vocational school district and a portion shall be subtracted from  13,427       

the payments to the participant's city, local, or exempted         13,428       

village school district.  The amount of the payment subtracted     13,429       

from the city, local, or exempted village school district shall    13,430       

be computed as follows:                                                         

      (1)  Add the following:                                      13,432       

      (a)  The percentage of the participant's enrollment in the   13,434       

school district, determined under division (A)(3) of this          13,435       

section; and                                                       13,436       

      (b)  Twenty-five per cent times the percentage of the        13,438       

participant's enrollment in the joint vocational school district,  13,439       

determined under division (A)(3) of this section.                  13,440       

      (2)  Multiply the sum obtained under division (D)(1) of      13,442       

this section by the amount computed under division (B)(2) of this  13,443       

section.                                                           13,444       

The balance of the payment shall be subtracted from the joint      13,446       

vocational district's school foundation payments.                  13,447       

      (E)  If the participant was enrolled in a participating      13,449       

nonpublic school, the amount paid under division (B) of this       13,450       

section shall be subtracted from moneys set aside by the general   13,451       

assembly for such purpose from funds appropriated for the          13,452       

purposes of section 3317.06 of the Revised Code.                   13,453       

      Sec. 3365.09.  Section 3365.07 and divisions (A) and (C) of  13,462       

section 3365.08 of the Revised Code do not apply to any college    13,463       

course in which a student is enrolled if during the term such      13,464       

student is enrolled in the college course he THE STUDENT is also   13,466       

a full-time student in his THE STUDENT'S district, COMMUNITY       13,467       

SCHOOL, or nonpublic school.  The rules adopted under secton       13,469       

SECTION 3365.02 of the Revised Code shall prescribe a method for   13,470       

determining whether a student is enrolled full-time in his THE     13,471       

STUDENT'S district, COMMUNITY SCHOOL, or nonpublic school.         13,473       

                                                          282    


                                                                 
      Sec. 3770.06.  (A)  There is hereby created the state        13,482       

lottery gross revenue fund, which shall be in the custody of the   13,483       

treasurer of state but shall not be part of the state treasury.    13,484       

All gross revenues received from sales of lottery tickets, fines,  13,485       

fees, and related proceeds shall be deposited into the fund.  The  13,486       

treasurer of state shall invest any portion of the fund not        13,487       

needed for immediate use in the same manner as, and subject to     13,488       

all provisions of law with respect to the investment of, state     13,489       

funds.  The treasurer of state shall disburse money from the fund  13,490       

on order of the director of the state lottery commission or the    13,491       

director's designee.  All revenues of the state lottery gross      13,492       

revenue fund that are not paid to holders of winning lottery       13,493       

tickets, that are not required to meet short-term prize            13,494       

liabilities, that are not paid to lottery sales agents in the      13,495       

form of agent bonuses, commissions, or reimbursements, and that    13,496       

are not paid to financial institutions to reimburse such           13,497       

institutions for sales agent nonsufficient funds shall be          13,498       

transferred to the state lottery fund, which is hereby created in  13,499       

the state treasury.  All investment earnings of the fund shall be  13,500       

credited to the fund.  Moneys shall be disbursed from the state    13,501       

lottery fund pursuant to vouchers approved by the director of the  13,502       

state lottery commission.  Total disbursements for monetary prize  13,503       

awards to holders of winning lottery tickets and purchases of      13,504       

goods and services awarded as prizes to holders of winning         13,505       

lottery tickets shall be of an amount equal to at least fifty per  13,506       

cent of the total revenue accruing from the sale of lottery        13,507       

tickets.                                                                        

      (B)  Pursuant to Section 6 of Article XV, Ohio               13,509       

Constitution, there is hereby established in the state treasury    13,510       

the lottery profits education fund.  Whenever, in the judgment of  13,511       

the director of budget and management, the amount to the credit    13,512       

of the state lottery fund is in excess of that needed to meet the  13,513       

maturing obligations of the commission and as working capital for  13,514       

its further operations, the director shall transfer the excess to  13,516       

                                                          283    


                                                                 
the lottery profits education fund, provided that the amount to                 

be transferred into the lottery profits education fund shall       13,517       

equal no less than thirty per cent of the total revenue accruing   13,518       

from the sale of lottery tickets.  Investment earnings of the      13,519       

lottery profits education fund shall be credited to the fund.      13,520       

There shall also be credited to the fund any repayments of moneys  13,521       

loaned from the educational excellence investment fund.  The       13,522       

lottery profits education fund shall be used solely for the        13,523       

support of elementary, secondary, vocational, and special          13,524       

education programs as determined in appropriations made by the     13,525       

general assembly.  When determining the availability of money in   13,526       

the lottery profits education fund, the director of budget and     13,527       

management may consider all balances and estimated revenues of     13,528       

the fund.                                                          13,529       

      From the amounts that the director of budget and management  13,531       

transfers in any fiscal year from the state lottery fund to the    13,532       

lottery profits education fund, the director shall transfer the    13,534       

initial ten million dollars of such amounts from the lottery                    

profits education fund to the school building program bond         13,535       

service fund created in division (R) of section 3318.26 of the     13,536       

Revised Code to be pledged for the purpose of paying bond service  13,537       

charges as defined in division (C) of section 3318.21 of the       13,538       

Revised Code on one or more issuances of obligations, which        13,539       

obligations are issued to provide moneys for the school building   13,540       

program assistance fund created in section 3318.25 of the Revised  13,541       

Code.                                                                           

      (C)  There is hereby established in the state treasury the   13,543       

deferred prizes trust fund.  With the approval of the director of  13,544       

budget and management, an amount sufficient to fund annuity        13,545       

prizes shall be transferred from the state lottery fund and        13,546       

credited to the trust fund.  The treasurer of state shall credit   13,548       

all earnings arising from investments purchased under this                      

division to the fund.  Within sixty days after the end of each     13,549       

fiscal year, the director of budget and management shall certify   13,550       

                                                          284    


                                                                 
the amount of investment earnings necessary to have been credited  13,551       

to the trust fund during the fiscal year just ending to provide    13,552       

for continued funding of deferred prizes.  Any earnings credited   13,553       

in excess of this certified amount shall be transferred to the     13,554       

lottery profits education fund.  To provide all or a part of the   13,555       

amounts necessary to fund deferred prizes awarded by the           13,556       

commission, the treasurer of state, in consultation with the       13,557       

commission, may invest moneys contained in the deferred prizes     13,558       

trust fund in accordance with section 135.143 of the Revised Code  13,560       

OBLIGATIONS OF THE TYPE PERMITTED FOR THE INVESTMENT OF STATE                   

FUNDS BUT WHOSE MATURITIES ARE THIRTY YEARS OR LESS.  INVESTMENTS  13,561       

OF THE DEFERRED PRIZES TRUST FUND ARE NOT SUBJECT TO THE           13,562       

PROVISIONS OF DIVISION (A)(10) OF SECTION 135.143 OF THE REVISED   13,563       

CODE LIMITING TO FIVE PER CENT THE AMOUNT OF THE STATE'S TOTAL     13,564       

AVERAGE PORTFOLIO THAT MAY BE INVESTED IN DEBT INTERESTS AND       13,565       

LIMITING TO ONE HALF OF ONE PER CENT THE AMOUNT THAT MAY BE                     

INVESTED IN DEBT INTERESTS OF A SINGLE ISSUER.                     13,566       

      All purchases made under this division shall be effected on  13,568       

a delivery versus payment method and shall be in the custody of    13,569       

the treasurer of state.                                            13,570       

      The treasurer of state may retain an investment advisor, if  13,572       

necessary.  The commission shall pay any costs incurred by the     13,573       

treasurer of state in retaining an investment advisor.             13,574       

      (D)  The auditor of state shall conduct annual audits of     13,577       

all funds and such other audits as the auditor of state or the     13,578       

general assembly considers necessary.  The auditor of state may                 

examine all records, files, and other documents of the             13,579       

commission, and such records of lottery sales agents as pertain    13,580       

to their activities as agents, for purposes of conducting          13,581       

authorized audits.                                                              

      The state lottery commission shall establish an internal     13,583       

audit program before the beginning of each fiscal year, subject    13,584       

to the approval of the auditor of state.  At the end of each       13,585       

fiscal year, the commission shall prepare and submit an annual     13,586       

                                                          285    


                                                                 
report to the auditor of state for the auditor of state's review   13,587       

and approval, specifying the internal audit work completed by the  13,588       

end of that fiscal year and reporting on compliance with the                    

annual internal audit program.  The form and content of the        13,589       

report shall be prescribed by the auditor of state under division  13,590       

(C) of section 117.20 of the Revised Code.                         13,591       

      Sec. 4117.101.  Notwithstanding sections 4117.08 and         13,600       

4117.10 of the Revised Code, no agreement entered into under this  13,601       

chapter may contain any provision that in any way limits the       13,602       

effect or operation of Chapter 3314. of the Revised Code or        13,603       

limits the authority of a school district board of education, OR   13,604       

THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN               

DIVISION (C)(1)(e) OF SECTION 3314.02 OF THE REVISED CODE, to      13,606       

enter into a contract with a community school under that chapter.  13,607       

However, nothing in this section shall be construed to prohibit    13,608       

an agreement entered into under this chapter from containing       13,609       

requirements and procedures governing the reassignment of          13,610       

teachers who are employed in a school at the time it is converted  13,611       

to a community school pursuant to Chapter 3314. of the Revised     13,612       

Code and who do not choose or are not chosen to teach in that      13,614       

community school.                                                               

      Sec. 5126.12.  (A)  As used in this section:                 13,623       

      (1)  "Approved SCHOOL AGE unit" means a class or unit        13,625       

operated by a county board of mental retardation and               13,628       

developmental disabilities and approved by the state board of      13,629       

education under DIVISION (D) OF section 3317.05 of the Revised     13,630       

Code.                                                                           

      (2)  "APPROVED PRESCHOOL UNIT" MEANS A CLASS OR UNIT         13,632       

OPERATED BY A COUNTY BOARD OF MENTAL RETARDATION AND               13,633       

DEVELOPMENTAL DISABILITIES AND APPROVED BY THE STATE BOARD OF      13,634       

EDUCATION UNDER DIVISION (B) OF SECTION 3317.05 OF THE REVISED     13,635       

CODE.                                                                           

      (3)  "Active treatment" means a continuous treatment         13,637       

program, which includes aggressive, consistent implementation of   13,638       

                                                          286    


                                                                 
a program of specialized and generic training, treatment, health   13,639       

services, and related services, that is directed toward the        13,640       

acquisition of behaviors necessary for an individual with mental   13,641       

retardation or other developmental disability to function with as  13,643       

much self-determination and independence as possible and toward    13,644       

the prevention of deceleration, regression, or loss of current     13,645       

optimal functional status.                                                      

      (3)(4)  "Eligible for active treatment" means that an        13,647       

individual with mental retardation or other developmental          13,649       

disability resides in an intermediate care facility for the        13,650       

mentally retarded certified under Title XIX of the "Social         13,651       

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;     13,652       

resides in a state institution operated by the department of       13,653       

mental retardation and developmental disabilities; or is enrolled  13,654       

in a home and community-based services waiver program              13,655       

administered by the department of mental retardation and           13,656       

developmental disabilities as part of the medical assistance       13,657       

program established under section 5111.01 of the Revised Code.     13,658       

      (4)(5)  "Community alternative funding system" means the     13,660       

program under which habilitation services are reimbursed under     13,661       

the medical assistance program pursuant to section 5111.041 of     13,662       

the Revised Code and rules adopted under that section.             13,663       

      (5)(6)  "Community employment program" means community       13,665       

employment services provided outside of a sheltered workshop       13,666       

setting under which the person earns competitive wages for the     13,667       

performance of work.                                               13,668       

      (6)(7)  "Traditional adult services" means vocational and    13,670       

nonvocational activities conducted within a sheltered workshop or  13,671       

adult activity center or supportive home services.                 13,672       

      (B)  Each county board of mental retardation and             13,674       

developmental disabilities shall certify to the director of        13,675       

mental retardation and developmental disabilities all of the       13,676       

following:                                                                      

      (1)  On or before the fifteenth day of October, the average  13,678       

                                                          287    


                                                                 
daily membership for the first full week of programs and services  13,679       

during October receiving:                                          13,680       

      (a)  Early childhood services provided pursuant to section   13,682       

5126.05 of the Revised Code for children who are less than three   13,683       

years of age on the thirtieth day of September of the academic     13,684       

year;                                                              13,685       

      (b)  Special education for handicapped children in approved  13,687       

SCHOOL AGE units;                                                  13,688       

      (c)  Adult services for persons sixteen years of age and     13,690       

older operated pursuant to section 5126.05 and division (B) of     13,691       

section 5126.051 of the Revised Code.  Separate counts shall be    13,692       

made for the following:                                            13,693       

      (i)  Persons enrolled in traditional adult services who are  13,695       

eligible for but not enrolled in active treatment under the        13,696       

community alternative funding system;                              13,697       

      (ii)  Persons enrolled in traditional adult services who     13,699       

are eligible for and enrolled in active treatment under the        13,700       

community alternative funding system;                              13,701       

      (iii)  Persons enrolled in traditional adult services but    13,703       

who are not eligible for active treatment under the community      13,704       

alternative funding system;                                        13,705       

      (iv)  Persons participating in community employment          13,707       

services.  To be counted as participating in community employment  13,708       

services, a person must have spent an average of no less than      13,709       

twenty hours per week in such employment during the preceding six  13,710       

months.                                                            13,711       

      (d)  Other programs in the county for individuals with       13,713       

mental retardation and developmental disabilities that have been   13,714       

approved for payment of subsidy by the department of mental        13,715       

retardation and developmental disabilities.                        13,716       

      The membership in each such program and service in the       13,718       

county shall be reported on forms prescribed by the department of  13,719       

mental retardation and developmental disabilities.                 13,720       

      The department of mental retardation and developmental       13,722       

                                                          288    


                                                                 
disabilities shall adopt rules defining full-time equivalent       13,723       

enrollees and for determining the average daily membership         13,725       

therefrom, except that certification of average daily membership   13,727       

in approved SCHOOL AGE units shall be in accordance with rules     13,730       

adopted by the state board of education.  The average daily                     

membership figure shall be determined by dividing the amount       13,731       

representing the sum of the number of enrollees in each program    13,732       

or service in the week for which the certification is made by the  13,734       

number of days the program or service was offered in that week.    13,737       

No enrollee may be counted in average daily membership for more    13,738       

than one program or service.                                                    

      (2)  BY THE FIFTEENTH DAY OF DECEMBER, THE NUMBER OF         13,740       

CHILDREN ENROLLED IN APPROVED PRESCHOOL UNITS ON THE FIRST DAY OF  13,741       

DECEMBER;                                                                       

      (3)  By the fifteenth day of February, an itemized report    13,744       

of expenditures for the preceding calendar year which have been    13,745       

approved for reimbursement by the director;                        13,746       

      (3)(4)  By the fifteenth day of February, a report of the    13,748       

total annual cost per enrollee for operation of programs and       13,750       

services in the preceding calendar year.  The report shall         13,751       

include a grand total of all programs operated, the cost of the    13,752       

individual programs, and the sources of funds applied to each                   

program.                                                           13,753       

      (4)(5)  That each required certification and report is in    13,755       

accordance with rules established by the department of mental      13,756       

retardation and developmental disabilities and the state board of  13,757       

education for the operation and subsidization of the programs and  13,758       

services.                                                          13,759       

      (C)  To compute payments under this section to the board     13,761       

for the fiscal year, the department of mental retardation and      13,762       

developmental disabilities shall use the certification of average  13,765       

daily membership required by division (B)(1) of this section       13,766       

exclusive of the average daily membership in any approved SCHOOL   13,767       

AGE UNIT AND THE NUMBER IN ANY APPROVED PRESCHOOL unit.                         

                                                          289    


                                                                 
      (D)  The department shall pay each county board for each     13,769       

fiscal year an amount equal to nine hundred fifty dollars times    13,771       

the certified average daily membership NUMBER of persons who on    13,772       

the thirtieth FIRST day of September DECEMBER of the academic      13,774       

year are under three years of age and are not in an approved unit  13,775       

for preschool children UNIT.  For persons who are at least age     13,777       

sixteen and are not in an approved SCHOOL AGE unit, the            13,778       

department shall pay each county board for each fiscal year the    13,779       

following amounts:                                                              

      (1)  One thousand dollars times the certified average daily  13,781       

membership of persons enrolled in traditional adult services who   13,782       

are eligible for but not enrolled in active treatment under the    13,783       

community alternative funding system;                              13,784       

      (2)  One thousand two hundred dollars times the certified    13,786       

average daily membership of persons enrolled in traditional adult  13,787       

services who are eligible for and enrolled in active treatment     13,788       

under the community alternative funding system;                    13,789       

      (3)  No less than one thousand five hundred dollars times    13,791       

the certified average daily membership of persons enrolled in      13,792       

traditional adult services but who are not eligible for active     13,793       

treatment under the community alternative funding system;          13,794       

      (4)  No less than one thousand five hundred dollars times    13,796       

the certified average daily membership of persons participating    13,797       

in community employment services.                                  13,798       

      (E) The department shall distribute this subsidy to county   13,800       

boards in semiannual installments of equal amounts.  The           13,801       

installments shall be made not later than the thirty-first day of  13,803       

August and the thirty-first day of January.                        13,804       

      (F)  The director of mental retardation and developmental    13,806       

disabilities shall make efforts to obtain increases in the         13,807       

subsidies for early childhood services and adult services so that  13,808       

the amount of the subsidies is equal to at least fifty per cent    13,809       

of the statewide average cost of those services minus any          13,810       

applicable federal reimbursements for those services.  The         13,811       

                                                          290    


                                                                 
director shall advise the director of budget and management of     13,812       

the need for any such increases when submitting the biennial       13,813       

appropriations request for the department.                         13,814       

      (G)  In determining the reimbursement of a county board for  13,816       

the provision of case management and family support services and   13,818       

other services required or approved by the director for which      13,819       

children three through twenty-one years of age are eligible, the   13,820       

department shall include the average daily membership in approved  13,821       

SCHOOL AGE OR PRESCHOOL units.  The department, in accordance      13,822       

with this section and upon receipt and approval of the             13,823       

certification required by this section and any other information   13,824       

it requires to enable it to determine a board's payments, shall    13,825       

pay the agency providing the specialized training the amounts      13,826       

payable under this section.                                                     

      Sec. 5126.16.  As used in sections 5126.16 to 5126.18 of     13,835       

the Revised Code:                                                               

      (A)  "Taxable value" means the total taxable value of real   13,837       

and public utility property and of tangible personal property in   13,838       

a county as shown on the county auditor's tax lists.               13,839       

      (B)  "Taxes" means the total taxes levied pursuant to        13,841       

division (L) of section 5705.19 of the Revised Code or pursuant    13,842       

to that section and section 5705.222, as shown on the preceding    13,843       

year's tax lists of real and public utility property and tangible  13,844       

personal property, after making the reductions required by         13,845       

section 319.301 of the Revised Code.                               13,846       

      (C)  "Enrollment" means a county board of mental             13,848       

retardation and developmental disabilities' average daily          13,849       

membership of programs and services as certified under divisions   13,851       

(B)(1)(a), (b), and (c) AND (B)(2) of section 5126.12 of the       13,853       

Revised Code, exclusive of individuals who are served solely       13,854       

through case management or family support services provided        13,856       

pursuant to sections 5126.11 and 5126.15 of the Revised Code.      13,857       

      (D)  "Effective tax rate" for a county board means a         13,859       

fraction, the numerator of which is the county board's taxes and   13,860       

                                                          291    


                                                                 
the denominator of which is the county board's taxable value.      13,861       

      (E)  "Local revenue factor" means a county board's taxes     13,863       

divided by the lesser of the aggregate rate of tax authorized to   13,864       

be levied by the board of county commissioners pursuant to         13,865       

division (L) of section 5705.19 and section 5705.222 of the        13,866       

Revised Code or the aggregate rate of tax authorized pursuant to   13,867       

that division and that section and certified to the county         13,868       

auditor under section 319.30 of the Revised Code.                  13,869       

      (F)  "Hypothetical local revenue per enrollee" means the     13,871       

quotient obtained by dividing a county board's local revenue       13,872       

factor by its enrollment.                                          13,873       

      (G)  "Hypothetical statewide average revenue per enrollee"   13,875       

means the quotient obtained by dividing the sum of all county      13,876       

boards' local revenue factors by the total enrollment of all       13,877       

county boards.                                                     13,878       

      (H)  "Infant and adult enrollment" means a county board of   13,880       

mental retardation and developmental disabilities' total average   13,881       

daily membership of programs and services as certified under       13,882       

divisions (B)(1)(a) and (c) of section 5126.12 of the Revised      13,885       

Code, exclusive of individuals who are served solely through case  13,886       

management or family support services provided pursuant to         13,888       

sections 5126.11 and 5126.15 of the Revised Code.                  13,889       

      Sec. 5705.29.  The tax budget shall present the following    13,898       

information in such detail as is prescribed by the auditor of      13,899       

state, unless an alternative form of the budget is permitted       13,900       

under section 5705.281 of the Revised Code:                        13,901       

      (A)(1)  A statement of the necessary current operating       13,903       

expenses for the ensuing fiscal year for each department and       13,904       

division of the subdivision, classified as to personal services    13,905       

and other expenses, and the fund from which such expenditures are  13,906       

to be made.  Except in the case of a school district, this         13,907       

estimate may include a contingent expense not designated for any   13,908       

particular purpose, and not to exceed three per cent of the total  13,909       

amount of appropriations for current expenses.  In the case of a   13,910       

                                                          292    


                                                                 
school district, this estimate may include a contingent expense    13,911       

not designated for any particular purpose and not to exceed        13,912       

thirteen per cent of the total amount of appropriations for        13,913       

current expenses.                                                  13,914       

      (2)  A statement of the expenditures for the ensuing fiscal  13,916       

year necessary for permanent improvements, exclusive of any        13,917       

expense to be paid from bond issues, classified as to the          13,918       

improvements contemplated by the subdivision and the fund from     13,919       

which such expenditures are to be made;                            13,920       

      (3)  The amounts required for the payment of final           13,922       

judgments;                                                         13,923       

      (4)  A statement of expenditures for the ensuing fiscal      13,925       

year necessary for any purpose for which a special levy is         13,926       

authorized, and the fund from which such expenditures are to be    13,927       

made;                                                              13,928       

      (5)  Comparative statements, so far as possible, in          13,930       

parallel columns of corresponding items of expenditures for the    13,931       

current fiscal year and the two preceding fiscal years.            13,932       

      (B)(1)  An estimate of receipts from other sources than the  13,934       

general property tax during the ensuing fiscal year, which shall   13,935       

include an estimate of unencumbered balances at the end of the     13,936       

current fiscal year, and the funds to which such estimated         13,937       

receipts are credited;                                             13,938       

      (2)  The amount each fund requires from the general          13,940       

property tax, which shall be the difference between the            13,941       

contemplated expenditure from the fund and the estimated           13,942       

receipts, as provided in this section.  The section of the         13,943       

Revised Code under which the tax is authorized shall be set        13,944       

forth.                                                             13,945       

      (3)  Comparative statements, so far as possible, in          13,947       

parallel columns of taxes and other revenues for the current       13,948       

fiscal year and the two preceding fiscal years.                    13,949       

      (C)(1)  The amount required for debt charges;                13,951       

      (2)  The estimated receipts from sources other than the tax  13,953       

                                                          293    


                                                                 
levy for payment of such debt charges, including the proceeds of   13,954       

refunding bonds to be issued to refund bonds maturing in the next  13,955       

succeeding fiscal year;                                            13,956       

      (3)  The net amount for which a tax levy shall be made,      13,958       

classified as to bonds authorized and issued prior to January 1,   13,959       

1922, and those authorized and issued subsequent to such date,     13,960       

and as to what portion of the levy will be within and what in      13,961       

excess of the ten-mill limitation.                                 13,962       

      (D)  An estimate of amounts from taxes authorized to be      13,964       

levied in excess of the ten-mill limitation on the tax rate, and   13,965       

the fund to which such amounts will be credited, together with     13,966       

the sections of the Revised Code under which each such tax is      13,967       

exempted from all limitations on the tax rate.                     13,968       

      (E)(1)  A board of education may include in its budget for   13,970       

the fiscal year in which a levy proposed under section 5705.194,   13,971       

5705.21, or 5705.213, or the original levy under section 5705.212  13,972       

of the Revised Code is first extended on the tax list and          13,973       

duplicate an estimate of expenditures to be known as a voluntary   13,974       

contingency reserve balance, which shall not be greater than       13,975       

twenty-five per cent of the total amount of the levy estimated to  13,976       

be available for appropriation in such year.                       13,977       

      (2)  A board of education may include in its budget for the  13,979       

fiscal year following the year in which a levy proposed under      13,980       

section 5705.194, 5705.21, or 5705.213, or the original levy       13,981       

under section 5705.212 of the Revised Code is first extended on    13,982       

the tax list and duplicate an estimate of expenditures to be       13,983       

known as a voluntary contingency reserve balance, which shall not  13,984       

be greater than twenty per cent of the amount of the levy          13,985       

estimated to be available for appropriation in such year.          13,986       

      (3)  Except as provided in division (E)(4) of this section,  13,988       

the full amount of any reserve balance the board includes in its   13,989       

budget shall be retained by the county auditor and county          13,990       

treasurer out of the first semiannual settlement of taxes until    13,991       

the beginning of the next succeeding fiscal year, and thereupon,   13,992       

                                                          294    


                                                                 
with the depository interest apportioned thereto, it shall be      13,993       

turned over to the board of education, to be used for the          13,994       

purposes of such fiscal year.                                      13,995       

      (4)  A board of education, by a two-thirds vote of all       13,997       

members of the board, may appropriate any amount withheld as a     13,998       

voluntary contingency reserve balance during the fiscal year for   13,999       

any lawful purpose, provided that prior to such appropriation the  14,000       

board of education has authorized the expenditure of all amounts   14,001       

appropriated for contingencies under section 5705.40 of the        14,002       

Revised Code.  Upon request by the board of education, the county  14,003       

auditor shall draw a warrant on the district's account in the      14,004       

county treasury payable to the district in the amount requested.   14,005       

      (F)(1)  A board of education may include a spending reserve  14,007       

in its budget for fiscal years ending on or before June 30, 2002.  14,009       

The spending reserve shall consist of an estimate of expenditures  14,010       

not to exceed the district's spending reserve balance.  A          14,011       

district's spending reserve balance is the amount by which the     14,012       

designated percentage of the district's estimated personal         14,013       

property taxes to be settled during the calendar year in which     14,014       

the fiscal year ends exceeds the estimated amount of personal      14,015       

property taxes to be so settled and received by the district       14,016       

during that fiscal year.  Moneys from a spending reserve shall be  14,017       

appropriated in accordance with section 133.301 of the Revised     14,018       

Code.                                                              14,019       

      (2)  For the purposes of computing a school district's       14,021       

spending reserve balance for a fiscal year, the designated         14,022       

percentage shall be as follows:                                    14,023       

    Fiscal year ending in:             Designated percentage       14,026       

             1998                               50%                14,028       

             1999                               40%                14,029       

             2000                               30%                14,030       

             2001                               20%                14,031       

             2002                               10%                14,032       

      (G)  Except as otherwise provided in this division, the      14,035       

                                                          295    


                                                                 
county budget commission shall not reduce the taxing authority of  14,036       

a subdivision as a result of the creation of a reserve balance     14,037       

account.  Except as otherwise provided in this division, the       14,038       

county budget commission shall not consider the amount in a        14,039       

reserve balance account of a township, county, or municipal        14,040       

corporation as an unencumbered balance or as revenue for the       14,041       

purposes of division (E)(3) or (4) of section 5747.51 or division  14,042       

(E)(3) or (4) of section 5747.62 of the Revised Code.  The county  14,043       

budget commission may require documentation of the reasonableness  14,044       

of the reserve balance held in any reserve balance account.  The   14,045       

commission shall consider any amount in a reserve balance account  14,046       

that it determines to be unreasonable as unencumbered and as       14,047       

revenue for the purposes of sections 5747.51 and 5747.62 of the                 

Revised Code and may take such amounts into consideration when     14,049       

determining whether to reduce the taxing authority of a                         

subdivision.                                                                    

      (H)(1)  Each board of education shall include in its tax     14,051       

budget and shall establish a reserve balance account to            14,053       

accumulate currently available resources to stabilize the school                

district's budget against cyclical changes in revenues and         14,054       

expenditures.  The balance in the reserve balance account shall    14,055       

not at any time be less than five per cent of general fund         14,057       

revenues for the most recently concluded fiscal year, except as    14,058       

provided in division (H)(2) or (3) of this section, and except     14,059       

for deficiencies arising from the appropriation of money from the  14,060       

account for unanticipated deficiencies in revenue or other         14,062       

emergencies pursuant to a resolution adopted by two-thirds of the  14,063       

membership of the board of education specifying the reason for     14,064       

the appropriation.  The auditor of state and the superintendent                 

of public instruction jointly shall adopt rules governing          14,065       

conditions that constitute unanticipated deficiencies in revenue   14,066       

or emergencies for which appropriations may be made from a         14,067       

reserve balance account.  The rules also shall provide that a      14,068       

board of education that borrows against its spending reserve       14,070       

                                                          296    


                                                                 
established in its tax budget for a fiscal year under division     14,071       

(F) of this section is not subject to division (H)(2) of this      14,072       

section for that fiscal year.  A board of education shall not      14,073       

appropriate money from a reserve balance account without filing a  14,075       

schedule for replenishing the account with the superintendent of   14,076       

public instruction and receiving approval of the schedule from     14,077       

the superintendent of public instruction.                          14,078       

      (2)(a)  Beginning with the fiscal year ending in 1999 and    14,080       

continuing each fiscal year until the balance in the reserve       14,081       

balance account equals five per cent of the district's revenues    14,083       

received for current expenses for the preceding fiscal year, if    14,084       

the growth in a district's total revenues received for current                  

expenses from one fiscal year to the next is AT LEAST three per    14,085       

cent or more, the board of education shall credit to its reserve   14,087       

balance account, from the general fund or from other sources that  14,089       

may lawfully be credited to the general fund, an amount not less   14,090       

than one per cent of the revenue received for current expenses     14,091       

for the fiscal year, at which time the balance in the reserve      14,092       

balance account shall be maintained THAT, WHEN ADDED TO THE        14,093       

ACCOUNT BALANCE, IS NOT LESS THAN:                                 14,094       

      (i)  ONE PER CENT OF REVENUES RECEIVED FOR CURRENT EXPENSES  14,096       

FOR THE PRIOR FISCAL YEAR; PLUS                                    14,097       

      (ii)  THE SUM OF THE AMOUNTS CREDITED UNDER THIS SECTION     14,099       

FOR ALL FISCAL YEARS THAT AMOUNTS WERE REQUIRED TO BE CREDITED     14,100       

UNDER THIS SECTION.                                                             

      EACH BOARD SHALL MAINTAIN THE BALANCE IN THE DISTRICT'S      14,102       

RESERVE BALANCE ACCOUNT AT NOT LESS THAN FIVE PER CENT OF THE      14,103       

DISTRICT'S REVENUES RECEIVED FOR CURRENT EXPENSES FOR THE          14,104       

PRECEDING FISCAL YEAR, EXCEPT as otherwise required AUTHORIZED     14,105       

under division (H)(1) of this section.                             14,106       

      (b)  NOTWITHSTANDING DIVISION (H)(2)(a) OF THIS SECTION, IN  14,109       

NO YEAR SHALL A BOARD BE REQUIRED TO CREDIT TO ITS RESERVE         14,110       

BALANCE ACCOUNT MORE THAN ONE PER CENT OF REVENUES RECEIVED FOR                 

CURRENT EXPENSES FOR THE PRIOR FISCAL YEAR.                        14,111       

                                                          297    


                                                                 
      (3)  The balance in the reserve balance account of a school  14,114       

district may be less than five per cent of the general fund        14,115       

revenue for the most recently concluded fiscal year in any fiscal  14,116       

year in which the school district is in a state of fiscal watch    14,117       

or fiscal emergency pursuant to section 3316.03 of the Revised     14,118       

Code.                                                                           

      (4)  Notwithstanding any provision to the contrary in        14,120       

Chapter 4117. of the Revised Code, the requirements of division    14,121       

(H) of this section prevail over any conflicting provisions of     14,123       

agreements between employee organizations and public employers     14,124       

entered into after November 21, 1997.                              14,125       

      (5)  Notwithstanding division (H)(2) of this section, a      14,127       

school district may, pursuant to rules adopted by the auditor of   14,128       

state, credit less than one per cent of its prior year's revenue   14,129       

received for current expenses into its reserve balance account.    14,130       

      (6)  A SCHOOL DISTRICT BOARD MAY APPLY TO THE STATE          14,139       

SUPERINTENDENT OF PUBLIC INSTRUCTION FOR A ONE-TIME WAIVER OF THE  14,140       

DEPOSIT REQUIREMENTS OF DIVISION (H)(2) OF THIS SECTION WHEN IT    14,142       

DETERMINES THAT MEETING THE REQUIREMENTS IN THE CURRENT OR NEXT    14,143       

FISCAL YEAR WOULD CAUSE THE DISTRICT TO REDUCE OR ELIMINATE        14,144       

IMPORTANT EDUCATIONAL SERVICES.  THE DISTRICT SHALL APPLY IN THE   14,145       

FORM AND MANNER REQUIRED BY THE STATE SUPERINTENDENT, AND THE                   

APPLICATION MAY REQUEST A WAIVER OF ALL OR PART OF THE DEPOSIT     14,146       

REQUIRED FOR THE CURRENT OR NEXT FISCAL YEAR.  THE STATE           14,147       

SUPERINTENDENT MAY GRANT A WAIVER IF THE STATE SUPERINTENDENT AND  14,148       

THE AUDITOR OF STATE DETERMINE THAT MEETING THE REQUIREMENT IN     14,149       

THE CURRENT OR NEXT FISCAL YEAR WOULD CAUSE THE SCHOOL DISTRICT    14,150       

TO REDUCE OR ELIMINATE IMPORTANT EDUCATIONAL SERVICES.  A WAIVER   14,151       

MAY ENTIRELY EXEMPT THE DISTRICT FROM MAKING ANY DEPOSIT INTO ITS  14,153       

RESERVE BALANCE ACCOUNT DURING THE CURRENT OR NEXT FISCAL YEAR                  

OR, REGARDLESS OF WHETHER THE DISTRICT BOARD APPLIED FOR A WAIVER  14,154       

OF THE ENTIRE DEPOSIT, MAY SIMPLY REDUCE THE AMOUNT OF THE         14,155       

DEPOSIT OTHERWISE REQUIRED DURING THE CURRENT OR NEXT FISCAL YEAR  14,156       

BY DIVISION (H)(2) OF THIS SECTION.  A WAIVER IS VALID FOR ONE     14,157       

                                                          298    


                                                                 
FISCAL YEAR:  EITHER THE FISCAL YEAR IN WHICH THE DISTRICT BOARD   14,158       

APPLIED FOR IT OR THE IMMEDIATELY FOLLOWING FISCAL YEAR.  A                     

DISTRICT BOARD MAY RECEIVE ONLY ONE WAIVER UNDER DIVISION (H)(6)   14,159       

OF THIS SECTION.                                                   14,160       

      (I)  NOTWITHSTANDING DIVISION (H)(2) OF THIS SECTION,        14,162       

WHENEVER A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL      14,164       

SCHOOL DISTRICT RECEIVES FROM THE BUREAU OF WORKERS' COMPENSATION  14,165       

A REFUND OR OTHER REIMBURSEMENT OF MONEY THAT THE DISTRICT         14,166       

PREVIOUSLY PAID TO THE BUREAU, THE DISTRICT SHALL DEPOSIT THE      14,167       

FULL AMOUNT OF THE REFUND OR OTHER REIMBURSEMENT INTO THE          14,168       

DISTRICT'S RESERVE BALANCE ACCOUNT, UNLESS THE ACCOUNT ALREADY     14,169       

CONTAINS FIVE PER CENT OF THE DISTRICT'S REVENUES RECEIVED FOR     14,170       

CURRENT EXPENSES FOR THE PRECEDING YEAR AS PRESCRIBED IN DIVISION  14,171       

(H)(2)(a) OF THIS SECTION.  A DISTRICT MAY CREDIT ANY AMOUNT IT    14,173       

DEPOSITS INTO THAT ACCOUNT UNDER THIS DIVISION TOWARD ANY MINIMUM  14,174       

DEPOSIT REQUIRED FOR THE ACCOUNT IN THAT FISCAL YEAR.              14,175       

      Sec. 5705.412.  Notwithstanding section 5705.41 of the       14,184       

Revised Code, no school district shall adopt any appropriation     14,185       

measure, make any contract, give any order involving the           14,186       

expenditure of money, or increase during any school year any wage  14,187       

or salary schedule unless there is attached thereto a certificate  14,188       

signed by the treasurer and president of the board of education    14,189       

and the superintendent that the school district has in effect for  14,190       

the remainder of the fiscal year and the succeeding fiscal year    14,191       

the authorization to levy taxes including the renewal or           14,192       

replacement of existing levies which, when combined with the       14,193       

estimated revenue from all other sources available to the          14,194       

district at the time of certification, are sufficient to provide   14,195       

the operating revenues necessary to enable the district to         14,196       

maintain all personnel, programs, and services essential to the    14,198       

provision of an adequate educational program for all the days set               

forth in its adopted school calendars for the current fiscal year  14,199       

and for a number of days in the succeeding fiscal year equal to    14,200       

the number of days instruction was held or is scheduled for the    14,201       

                                                          299    


                                                                 
current fiscal year.  However, a certificate attached to an        14,203       

appropriation measure under this section shall cover only the      14,204       

fiscal year in which the appropriation measure is effective and    14,205       

shall not consider the renewal or replacement of an existing levy  14,206       

as the authority to levy taxes that are subject to appropriation   14,207       

in the current fiscal year unless the renewal or replacement levy  14,208       

has been approved by the electors and is subject to appropriation  14,209       

in the current fiscal year.  In addition, a certificate attached,  14,211       

in accordance with this section, to any contract shall cover the   14,212       

term of the contract or the current fiscal year plus the two       14,213       

immediately succeeding fiscal years, whichever period of years is  14,214       

greater.  If the board of education has not adopted a school       14,216       

calendar for the school year beginning on the first day of the     14,217       

fiscal year in which a certificate is required, the certificate    14,218       

attached to an appropriation measure shall include the number of   14,219       

days on which instruction was held in the preceding fiscal year    14,220       

and other certificates required under this section shall include   14,221       

that number of days for the fiscal year in which the certificate   14,222       

is required and the succeeding fiscal year.  Every contract made,  14,223       

order given, or schedule adopted or put into effect without such   14,224       

a certificate shall be void, and no payment of any amount due      14,225       

thereon shall be made.  The department of education and the        14,226       

auditor of state jointly shall develop rules governing the         14,227       

methods by which treasurers, presidents of boards of education,    14,228       

and superintendents shall estimate revenue and determine whether   14,229       

such revenue is sufficient to provide necessary operating revenue  14,231       

for the purpose of making certifications required by this          14,232       

section.                                                                        

      The auditor of state shall be responsible for determining    14,235       

whether school districts are in compliance with this section.  At  14,237       

the time a school district is audited pursuant to section 117.11   14,238       

of the Revised Code, the auditor of state shall review each        14,239       

certificate issued under this section since the district's last    14,240       

audit, and the appropriation measure, contract, order, or wage     14,241       

                                                          300    


                                                                 
and salary schedule to which such certificate was attached.  This  14,242       

provision shall not preclude any court from making a               14,243       

determination regarding compliance with this section.  If          14,244       

noncompliance is determined, the provisions of section 117.28 of   14,245       

the Revised Code shall have effect.                                14,246       

      The treasurer shall forward a copy of each certificate of    14,248       

available resources required under this section to the auditor of  14,249       

any county in which a part of the district is located.  The        14,250       

county auditor shall not distribute property taxes or any payment  14,251       

under Chapter 3317. of the Revised Code to a school district that  14,252       

has not forwarded copies of all such certificates.  If a county    14,253       

auditor determines that a copy of a certificate has not been       14,254       

forwarded as required, or has reason to believe that a             14,255       

certificate for which a copy has been forwarded contains false     14,256       

statements or that a certificate has not been signed and attached  14,257       

to an appropriation measure, contract, order, or wage and salary   14,258       

schedule as required by this section, the auditor shall provide    14,259       

immediate written notification to the superintendent of public     14,260       

instruction.  In the case of a certificate which the auditor has   14,261       

reason to believe contains false information or the failure to     14,262       

sign and attach a certificate as required, the auditor shall also  14,263       

provide immediate written notification to the auditor of state     14,264       

and the county prosecuting attorney, city director of law, or      14,265       

other chief law officer of the district.                           14,266       

      This section does not apply to any contract, order, or       14,268       

increase in any wage or salary schedule that is necessary in       14,269       

order to enable a board of education to comply with division (B)   14,270       

of section 3317.13 of the Revised Code, provided the contract,     14,271       

order, or increase does not exceed the amount required to be paid  14,272       

to be in compliance with such division.                            14,273       

      Any officer, employee, or other person who knowingly         14,275       

expends or authorizes the expenditure of any public funds or       14,276       

knowingly authorizes or executes any contract, order, or schedule  14,277       

contrary to this section, knowingly expends or authorizes the      14,278       

                                                          301    


                                                                 
expenditure of any public funds on the void contract, order, or    14,279       

schedule, or knowingly issues a certificate under this section     14,280       

which contains any false statements is liable to the school        14,281       

district for the full amount paid from the district's funds on     14,282       

the contract, order, or schedule.  The officer, employee, or       14,283       

other person is jointly and severally liable in person and upon    14,284       

any official bond that the officer, employee, or other person has  14,286       

given to the school district to the extent of any payments on the  14,287       

void claim, not to exceed twenty thousand dollars.  However, no    14,288       

officer, employee, or other person shall be liable for a mistaken  14,289       

estimate of available resources made in good faith and based upon  14,290       

reasonable grounds.  If an officer, employee, or other person is   14,291       

found to have complied with rules adopted by the department of     14,292       

education under this section governing methods by which revenue    14,293       

shall be estimated and determined sufficient to provide necessary  14,294       

operating revenue for the purpose of making certifications         14,295       

required by this section, the officer, employee, or other person   14,296       

shall not be liable under this section if the estimates and        14,297       

determinations made according to those rules do not, in fact,      14,298       

conform with actual revenue.  The prosecuting attorney of the      14,300       

county, the city director of law, or other chief law officer of    14,301       

the district shall enforce this liability by civil action brought  14,302       

in any court of appropriate jurisdiction in the name of and on     14,303       

behalf of the school district.  If the prosecuting attorney, city  14,304       

director of law, or other chief law officer of the district        14,305       

fails, upon the written request of any taxpayer, to institute      14,306       

action for the enforcement of the liability, the taxpayer may      14,307       

institute the action in the taxpayer's own name in behalf of the   14,309       

subdivision.                                                                    

      This section does not require the attachment of an           14,311       

additional certificate beyond that required by section 5705.41 of  14,312       

the Revised Code for any purchase order, for current payrolls of,  14,313       

or contracts of employment with, regular employees or officers.    14,314       

      This section does not require the attachment of a            14,316       

                                                          302    


                                                                 
certificate to a temporary appropriation measure if all of the     14,317       

following apply:                                                   14,318       

      (A)  The amount appropriated does not exceed twenty-five     14,320       

per cent of the total amount from all sources available for        14,321       

expenditure from any fund during the preceding fiscal year;        14,322       

      (B)  The measure will not be in effect on or after the       14,324       

thirtieth day following the earliest date on which the district    14,325       

may pass an annual appropriation measure;                          14,326       

      (C)  An amended official certificate of estimated resources  14,328       

for the current year, if required, has not been certified to the   14,329       

board of education under division (B) of section 5705.36 of the    14,330       

Revised Code.                                                      14,331       

      Sec. 5747.01.  Except as otherwise expressly provided or     14,340       

clearly appearing from the context, any term used in this chapter  14,341       

has the same meaning as when used in a comparable context in the   14,342       

Internal Revenue Code, and all other statutes of the United        14,343       

States relating to federal income taxes.                           14,344       

      As used in this chapter:                                     14,346       

      (A)  "Adjusted gross income" or "Ohio adjusted gross         14,348       

income" means adjusted gross income as defined and used in the     14,349       

Internal Revenue Code, adjusted as provided in divisions (A)(1)    14,351       

to (17) of this section:                                                        

      (1)  Add interest or dividends on obligations or securities  14,353       

of any state or of any political subdivision or authority of any   14,354       

state, other than this state and its subdivisions and              14,355       

authorities.                                                                    

      (2)  Add interest or dividends on obligations of any         14,357       

authority, commission, instrumentality, territory, or possession   14,358       

of the United States that are exempt from federal income taxes     14,359       

but not from state income taxes.                                   14,360       

      (3)  Deduct interest or dividends on obligations of the      14,362       

United States and its territories and possessions or of any        14,363       

authority, commission, or instrumentality of the United States to  14,364       

the extent included in federal adjusted gross income but exempt    14,365       

                                                          303    


                                                                 
from state income taxes under the laws of the United States.       14,366       

      (4)  Deduct disability and survivor's benefits to the        14,368       

extent included in federal adjusted gross income.                  14,369       

      (5)  Deduct benefits under Title II of the Social Security   14,371       

Act and tier 1 railroad retirement benefits to the extent          14,372       

included in federal adjusted gross income under section 86 of the  14,373       

Internal Revenue Code.                                             14,374       

      (6)  Add, in the case of a taxpayer who is a beneficiary of  14,376       

a trust that makes an accumulation distribution as defined in      14,377       

section 665 of the Internal Revenue Code, the portion, if any, of  14,378       

such distribution that does not exceed the undistributed net       14,379       

income of the trust for the three taxable years preceding the      14,380       

taxable year in which the distribution is made.  "Undistributed    14,381       

net income of a trust" means the taxable income of the trust       14,382       

increased by (a)(i) the additions to adjusted gross income         14,383       

required under division (A) of this section and (ii) the personal  14,384       

exemptions allowed to the trust pursuant to section 642(b) of the  14,385       

Internal Revenue Code, and decreased by (b)(i) the deductions to   14,386       

adjusted gross income required under division (A) of this          14,387       

section, (ii) the amount of federal income taxes attributable to   14,388       

such income, and (iii) the amount of taxable income that has been  14,389       

included in the adjusted gross income of a beneficiary by reason   14,390       

of a prior accumulation distribution.  Any undistributed net       14,391       

income included in the adjusted gross income of a beneficiary      14,392       

shall reduce the undistributed net income of the trust commencing  14,393       

with the earliest years of the accumulation period.                14,394       

      (7)  Deduct the amount of wages and salaries, if any, not    14,396       

otherwise allowable as a deduction but that would have been        14,397       

allowable as a deduction in computing federal adjusted gross       14,398       

income for the taxable year, had the targeted jobs credit allowed  14,399       

and determined under sections 38, 51, and 52 of the Internal       14,400       

Revenue Code not been in effect.                                   14,401       

      (8)  Deduct any interest or interest equivalent on public    14,403       

obligations and purchase obligations to the extent included in     14,404       

                                                          304    


                                                                 
federal adjusted gross income.                                     14,405       

      (9)  Add any loss or deduct any gain resulting from the      14,407       

sale, exchange, or other disposition of public obligations to the  14,408       

extent included in federal adjusted gross income.                  14,409       

      (10)  Regarding tuition credits purchased under Chapter      14,411       

3334. of the Revised Code:                                         14,412       

      (a)  Deduct the following:                                   14,414       

      (i)  For credits that as of the end of the taxable year      14,417       

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    14,419       

amount of income related to the credits, to the extent included    14,420       

in federal adjusted gross income;                                               

      (ii)  For credits that during the taxable year have been     14,423       

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  14,424       

the total purchase price of the tuition credits refunded over the  14,425       

amount of refund, to the extent the amount of the excess was not   14,426       

deducted in determining federal adjusted gross income;.            14,427       

      (b)  Add the following:                                      14,429       

      (i)  For credits that as of the end of the taxable year      14,432       

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    14,433       

amount of loss related to the credits, to the extent the amount    14,434       

of the loss was deducted in determining federal adjusted gross     14,435       

income;                                                                         

      (ii)  For credits that during the taxable year have been     14,438       

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  14,440       

the amount of refund over the purchase price of each tuition       14,441       

credit refunded, to the extent not included in federal adjusted    14,442       

gross income.                                                                   

      (11)  Deduct, in the case of a self-employed individual as   14,444       

defined in section 401(c)(1) of the Internal Revenue Code and to   14,445       

the extent not otherwise allowable as a deduction in computing     14,446       

                                                          305    


                                                                 
federal adjusted gross income for the taxable year, the amount     14,447       

paid during the taxable year for insurance that constitutes        14,449       

medical care for the taxpayer, the taxpayer's spouse, and                       

dependents.  No deduction under division (A)(11) of this section   14,451       

shall be allowed to any taxpayer who is eligible to participate    14,452       

in any subsidized health plan maintained by any employer of the    14,453       

taxpayer or of the spouse of the taxpayer.  No deduction under     14,454       

division (A)(11) of this section shall be allowed to the extent    14,455       

that the sum of such deduction and any related deduction           14,456       

allowable in computing federal adjusted gross income for the       14,457       

taxable year exceeds the taxpayer's earned income, within the      14,458       

meaning of section 401(c) of the Internal Revenue Code, derived    14,459       

by the taxpayer from the trade or business with respect to which   14,460       

the plan providing the medical coverage is established.            14,461       

      (12)  Deduct any amount included in federal adjusted gross   14,463       

income solely because the amount represents a reimbursement or     14,464       

refund of expenses that in a previous year the taxpayer had        14,465       

deducted as an itemized deduction pursuant to section 63 of the    14,466       

Internal Revenue Code and applicable United States department of   14,468       

the treasury regulations.                                                       

      (13)  Deduct any portion of the deduction described in       14,470       

section 1341(a)(2) of the Internal Revenue Code, for repaying      14,471       

previously reported income received under a claim of right, that   14,472       

meets both of the following requirements:                          14,473       

      (a)  It is allowable for repayment of an item that was       14,475       

included in the taxpayer's adjusted gross income for a prior       14,476       

taxable year and did not qualify for a credit under division (A)   14,477       

or (B) of section 5747.05 of the Revised Code for that year;       14,478       

      (b)  It does not otherwise reduce the taxpayer's adjusted    14,480       

gross income for the current or any other taxable year.            14,481       

      (14)  Deduct an amount equal to the deposits made to, and    14,483       

net investment earnings of, a medical savings account during the   14,484       

taxable year, in accordance with section 3924.66 of the Revised    14,485       

Code.  The deduction allowed by division (A)(14) of this section   14,486       

                                                          306    


                                                                 
does not apply to medical savings account deposits and earnings    14,487       

otherwise deducted or excluded for the current or any other        14,488       

taxable year from the taxpayer's federal adjusted gross income.    14,489       

      (15)(a)  Add an amount equal to the funds withdrawn from a   14,491       

medical savings account during the taxable year, and the net       14,492       

investment earnings on those funds, when the funds withdrawn were  14,493       

used for any purpose other than to reimburse an account holder     14,494       

for, or to pay, eligible medical expenses, in accordance with      14,495       

section 3924.66 of the Revised Code;                                            

      (b)  Add the amounts distributed from a medical savings      14,497       

account under division (A)(2) of section 3924.68 of the Revised    14,498       

Code during the taxable year.                                      14,499       

      (16)  Add any amount claimed as a credit under section       14,501       

5747.059 of the Revised Code to the extent that such amount        14,502       

satisfies either of the following:                                              

      (a)  The amount was deducted or excluded from the            14,504       

computation of the taxpayer's federal adjusted gross income as     14,505       

required to be reported for the taxpayer's taxable year under the  14,506       

Internal Revenue Code;                                                          

      (b)  The amount resulted in a reduction of the taxpayer's    14,508       

federal adjusted gross income as required to be reported for any   14,509       

of the taxpayer's taxable years under the Internal Revenue Code.   14,510       

      (17)  Deduct the amount contributed by the taxpayer to an    14,512       

individual development account program established by a county     14,513       

department of human services pursuant to sections 329.11 to        14,514       

329.14 of the Revised Code for the purpose of matching funds       14,515       

deposited by program participants.  On request of the tax          14,516       

commissioner, the taxpayer shall provide any information that, in               

the tax commissioner's opinion, is necessary to establish the      14,517       

amount deducted under division (A)(17) of this section.            14,518       

      (18)  BEGINNING IN TAXABLE YEAR 2001, IF THE TAXPAYER IS     14,520       

MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL          14,522       

ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE    14,523       

FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND                       

                                                          307    


                                                                 
DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED   14,525       

GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND     14,526       

DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR           14,527       

QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR     14,528       

THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE       14,529       

TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR    14,531       

ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN   14,532       

ELIGIBLE INSTITUTION.  THE DEDUCTION MAY BE CLAIMED ONLY TO THE    14,533       

EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED  14,534       

OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED     14,535       

GROSS INCOME.  THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL    14,536       

EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION      14,537       

5747.27 OF THE REVISED CODE.                                                    

      (19)  ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE      14,539       

YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18)    14,540       

OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE     14,541       

AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME.    14,542       

      (B)  "Business income" means income arising from             14,544       

transactions, activities, and sources in the regular course of a   14,545       

trade or business and includes income from tangible and            14,546       

intangible property if the acquisition, rental, management, and    14,547       

disposition of the property constitute integral parts of the       14,548       

regular course of a trade or business operation.                   14,549       

      (C)  "Nonbusiness income" means all income other than        14,551       

business income and may include, but is not limited to,            14,552       

compensation, rents and royalties from real or tangible personal   14,553       

property, capital gains, interest, dividends and distributions,    14,554       

patent or copyright royalties, or lottery winnings, prizes, and    14,555       

awards.                                                            14,556       

      (D)  "Compensation" means any form of remuneration paid to   14,558       

an employee for personal services.                                 14,559       

      (E)  "Fiduciary" means a guardian, trustee, executor,        14,561       

administrator, receiver, conservator, or any other person acting   14,562       

in any fiduciary capacity for any individual, trust, or estate.    14,563       

                                                          308    


                                                                 
      (F)  "Fiscal year" means an accounting period of twelve      14,565       

months ending on the last day of any month other than December.    14,566       

      (G)  "Individual" means any natural person.                  14,568       

      (H)  "Internal Revenue Code" means the "Internal Revenue     14,570       

Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          14,571       

      (I)  "Resident" means:                                       14,573       

      (1)  An individual who is domiciled in this state, subject   14,575       

to section 5747.24 of the Revised Code;                            14,576       

      (2)  The estate of a decedent who at the time of death was   14,579       

domiciled in this state.  The domicile tests of section 5747.24    14,580       

of the Revised Code and any election under section 5747.25 of the  14,581       

Revised Code are not controlling for purposes of division (I)(2)   14,582       

of this section.                                                                

      (J)  "Nonresident" means an individual or estate that is     14,584       

not a resident.  An individual who is a resident for only part of  14,585       

a taxable year is a nonresident for the remainder of that taxable  14,586       

year.                                                              14,587       

      (K)  "Pass-through entity" has the same meaning as in        14,589       

section 5733.04 of the Revised Code.                               14,590       

      (L)  "Return" means the notifications and reports required   14,592       

to be filed pursuant to this chapter for the purpose of reporting  14,593       

the tax due and includes declarations of estimated tax when so     14,594       

required.                                                          14,595       

      (M)  "Taxable year" means the calendar year or the           14,597       

taxpayer's fiscal year ending during the calendar year, or         14,598       

fractional part thereof, upon which the adjusted gross income is   14,599       

calculated pursuant to this chapter.                               14,600       

      (N)  "Taxpayer" means any person subject to the tax imposed  14,602       

by section 5747.02 of the Revised Code or any pass-through entity  14,603       

that makes the election under division (D) of section 5747.08 of   14,604       

the Revised Code.                                                               

      (O)  "Dependents" means dependents as defined in the         14,606       

Internal Revenue Code and as claimed in the taxpayer's federal     14,607       

income tax return for the taxable year or which the taxpayer       14,608       

                                                          309    


                                                                 
would have been permitted to claim had the taxpayer filed a        14,609       

federal income tax return.                                         14,611       

      (P)  "Principal county of employment" means, in the case of  14,613       

a nonresident, the county within the state in which a taxpayer     14,614       

performs services for an employer or, if those services are        14,615       

performed in more than one county, the county in which the major   14,616       

portion of the services are performed.                             14,617       

      (Q)  As used in sections 5747.50 to 5747.55 of the Revised   14,619       

Code:                                                                           

      (1)  "Subdivision" means any county, municipal corporation,  14,621       

park district, or township.                                        14,622       

      (2)  "Essential local government purposes" includes all      14,624       

functions that any subdivision is required by general law to       14,625       

exercise, including like functions that are exercised under a      14,626       

charter adopted pursuant to the Ohio Constitution.                 14,627       

      (R)  "Overpayment" means any amount already paid that        14,629       

exceeds the figure determined to be the correct amount of the      14,630       

tax.                                                               14,631       

      (S)  "Taxable income" applies to estates only and means      14,633       

taxable income as defined and used in the Internal Revenue Code    14,634       

adjusted as follows:                                               14,635       

      (1)  Add interest or dividends on obligations or securities  14,637       

of any state or of any political subdivision or authority of any   14,638       

state, other than this state and its subdivisions and              14,639       

authorities;                                                       14,640       

      (2)  Add interest or dividends on obligations of any         14,642       

authority, commission, instrumentality, territory, or possession   14,643       

of the United States that are exempt from federal income taxes     14,644       

but not from state income taxes;                                   14,645       

      (3)  Add the amount of personal exemption allowed to the     14,647       

estate pursuant to section 642(b) of the Internal Revenue Code;    14,648       

      (4)  Deduct interest or dividends on obligations of the      14,650       

United States and its territories and possessions or of any        14,651       

authority, commission, or instrumentality of the United States     14,652       

                                                          310    


                                                                 
that are exempt from state taxes under the laws of the United      14,653       

States;                                                            14,654       

      (5)  Deduct the amount of wages and salaries, if any, not    14,656       

otherwise allowable as a deduction but that would have been        14,657       

allowable as a deduction in computing federal taxable income for   14,658       

the taxable year, had the targeted jobs credit allowed under       14,659       

sections 38, 51, and 52 of the Internal Revenue Code not been in   14,660       

effect;                                                            14,661       

      (6)  Deduct any interest or interest equivalent on public    14,663       

obligations and purchase obligations to the extent included in     14,664       

federal taxable income;                                            14,665       

      (7)  Add any loss or deduct any gain resulting from sale,    14,667       

exchange, or other disposition of public obligations to the        14,668       

extent included in federal taxable income;                         14,669       

      (8)  Except in the case of the final return of an estate,    14,671       

add any amount deducted by the taxpayer on both its Ohio estate    14,672       

tax return pursuant to section 5731.14 of the Revised Code, and    14,673       

on its federal income tax return in determining either federal     14,674       

adjusted gross income or federal taxable income;                   14,675       

      (9)  Deduct any amount included in federal taxable income    14,677       

solely because the amount represents a reimbursement or refund of  14,678       

expenses that in a previous year the decedent had deducted as an   14,679       

itemized deduction pursuant to section 63 of the Internal Revenue  14,680       

Code and applicable treasury regulations;                          14,681       

      (10)  Deduct any portion of the deduction described in       14,683       

section 1341(a)(2) of the Internal Revenue Code, for repaying      14,684       

previously reported income received under a claim of right, that   14,685       

meets both of the following requirements:                          14,686       

      (a)  It is allowable for repayment of an item that was       14,688       

included in the taxpayer's taxable income or the decedent's        14,689       

adjusted gross income for a prior taxable year and did not         14,690       

qualify for a credit under division (A) or (B) of section 5747.05  14,691       

of the Revised Code for that year.                                 14,692       

      (b)  It does not otherwise reduce the taxpayer's taxable     14,694       

                                                          311    


                                                                 
income or the decedent's adjusted gross income for the current or  14,695       

any other taxable year.                                            14,696       

      (11)  Add any amount claimed as a credit under section       14,698       

5747.059 of the Revised Code to the extent that the amount         14,699       

satisfies either of the following:                                 14,700       

      (a)  The amount was deducted or excluded from the            14,702       

computation of the taxpayer's federal taxable income as required   14,703       

to be reported for the taxpayer's taxable year under the Internal  14,704       

Revenue Code;                                                                   

      (b)  The amount resulted in a reduction in the taxpayer's    14,706       

federal taxable income as required to be reported for any of the   14,707       

taxpayer's taxable years under the Internal Revenue Code.          14,708       

      (T)  "School district income" and "school district income    14,710       

tax" have the same meanings as in section 5748.01 of the Revised   14,711       

Code.                                                              14,712       

      (U)  As used in divisions (A)(8), (A)(9), (S)(6), and        14,714       

(S)(7) of this section, "public obligations," "purchase            14,715       

obligations," and "interest or interest equivalent" have the same  14,716       

meanings as in section 5709.76 of the Revised Code.                14,717       

      (V)  "Limited liability company" means any limited           14,719       

liability company formed under Chapter 1705. of the Revised Code   14,720       

or under the laws of any other state.                              14,721       

      (W)  "Pass-through entity investor" means any person who,    14,723       

during any portion of a taxable year of a pass-through entity, is  14,724       

a partner, member, shareholder, or investor in that pass-through   14,725       

entity.                                                                         

      (X)  "Banking day" has the same meaning as in section        14,727       

1304.01 of the Revised Code.                                       14,728       

      (Y)  "Month" means a calendar month.                         14,730       

      (Z)  "Quarter" means the first three months, the second      14,732       

three months, the third three months, or the last three months of  14,733       

the taxpayer's taxable year.                                                    

      (AA)(1)  "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR  14,735       

STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION        14,736       

                                                          312    


                                                                 
3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE,     14,737       

UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS    14,738       

STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE  14,739       

OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED                  

CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD    14,740       

OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE      14,741       

REVISED CODE.                                                                   

      (2)  "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES     14,743       

IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT    14,744       

OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN  14,745       

EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY         14,746       

EDUCATION.  IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED   14,747       

TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC               

EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION      14,748       

DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF   14,749       

FIVE THOUSAND DOLLARS.  "QUALIFIED TUITION AND FEES" DOES NOT      14,750       

INCLUDE:                                                                        

      (a)  EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS,   14,752       

GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE     14,753       

INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM;                            14,754       

      (b)  THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY     14,756       

FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES         14,757       

UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION;      14,758       

      (c)  TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED     14,760       

THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER           14,761       

EDUCATIONAL BENEFIT PROGRAM.                                                    

      (BB)  Any term used in this chapter that is not otherwise    14,763       

defined in this section and that is not used in a comparable       14,765       

context in the Internal Revenue Code and other statutes of the     14,766       

United States relating to federal income taxes has the same        14,767       

meaning as in section 5733.40 of the Revised Code.                 14,768       

      Sec. 5910.032.  (A)  A war orphans scholarship, as provided  14,777       

under sections 5910.01 to 5910.06 of the Revised Code, shall be    14,778       

granted to the child of any person who, in the course of           14,779       

                                                          313    


                                                                 
honorable service in the armed services of the United States, was  14,780       

declared by the United States department of defense to be a                     

prisoner of war or missing in action as a result of the United     14,781       

States' participation in armed conflict on or after January 1,     14,783       

1960, and who IF EITHER OF THE FOLLOWING APPLY:                    14,784       

      (1)  THE PARENT, at the time of entry into the armed         14,786       

services of the United States, or at the time the person PARENT    14,788       

was declared to be a prisoner of war or missing in action, was a   14,789       

resident of Ohio;                                                               

      (2)  IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A     14,791       

RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A    14,792       

PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN     14,793       

OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE      14,794       

APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST   14,795       

TEN YEARS.  Such                                                                

      THE scholarships shall be in addition to the total number    14,797       

of scholarships provided under section 5910.05 of the Revised      14,798       

Code.  Notwithstanding section 5910.03 of the Revised Code,        14,799       

scholarships provided under this section shall be made to any      14,800       

such child who, at the time of application, has attained the       14,801       

sixteenth, but not the twenty-first, birthday.  The termination    14,803       

of a child's parent or guardian's status as a prisoner of war or   14,804       

being missing in action does not affect such child's eligibility                

for the benefit provided by this section.                          14,805       

      (B)  Scholarships provided under this section shall consist  14,807       

of either of the following:                                        14,808       

      (1)  A scholarship of the type described in division (A) of  14,810       

section 5910.04 of the Revised Code together with reasonable and   14,811       

necessary expenses for room, board, books, and laboratory fees.    14,812       

The additional amount for such expenses shall be paid from moneys  14,813       

appropriated by the general assembly for such purpose.             14,814       

      (2)  A scholarship of the type described in division (B) of  14,816       

section 5910.04 of the Revised Code together with an additional    14,817       

grant equal to the average value of the reasonable and necessary   14,818       

                                                          314    


                                                                 
expenses granted under division (B)(1) of this section during the  14,819       

preceding year for room, board, books, and laboratory fees.  The   14,820       

additional grant shall be paid from moneys appropriated by the                  

general assembly for such purpose, and shall be paid to the child  14,822       

through the institution in which the child is enrolled.  In no     14,823       

case shall the additional grant exceed the amount actually         14,825       

expended by the child for room, board, books, and laboratory       14,826       

fees.                                                                           

      Sec. 5919.34.  (A)  As used in this section:                 14,835       

      (1)  "ACADEMIC TERM" MEANS ANY ONE OF THE FOLLOWING:         14,837       

      (a)  FALL TERM, WHICH CONSISTS OF FALL SEMESTER OR FALL      14,839       

QUARTER, AS APPROPRIATE;                                           14,840       

      (b)  WINTER TERM, WHICH CONSISTS OF WINTER SEMESTER, WINTER  14,842       

QUARTER, OR SPRING SEMESTER, AS APPROPRIATE;                       14,843       

      (c)  SPRING TERM, WHICH CONSISTS OF SPRING QUARTER;          14,845       

      (d)  SUMMER TERM, WHICH CONSISTS OF SUMMER SEMESTER OR       14,847       

SUMMER QUARTER, AS APPROPRIATE.                                    14,848       

      (2)  "Eligible applicant" means any individual to whom all   14,850       

of the following apply:                                            14,851       

      (a)  The individual does not possess a baccalaureate         14,853       

degree;.                                                                        

      (b)  The individual has enlisted, re-enlisted, or extended   14,856       

current enlistment in the Ohio national guard;.                    14,857       

      (c)  The individual is actively enrolled as a full-time or   14,860       

part-time student for at least six credit hours of course work in  14,861       

a semester or quarter in a two-year or four-year degree-granting   14,862       

program at an institution of higher education or in a              14,863       

diploma-granting program at an institution of higher education     14,865       

that is a school of nursing;.                                      14,866       

      (d)  The individual has not accumulated ninety-six           14,868       

eligibility units under division (E) of this section.              14,869       

      (2)(3)  "Institution of higher education" means an Ohio      14,872       

institution of higher education that is state-assisted, that is    14,873       

nonprofit and has received a certificate of authorization from     14,874       

                                                          315    


                                                                 
the Ohio board of regents pursuant to Chapter 1713. of the         14,876       

Revised Code, or that holds a certificate of registration and      14,879       

program authorization issued by the state board of proprietary     14,880       

school registration pursuant to section 3332.05 of the Revised     14,881       

Code.                                                              14,882       

      (3)(4)  "State university" has the same meaning as in        14,884       

section 3345.011 of the Revised Code.                              14,886       

      (5) "OHIO INSTRUCTIONAL GRANT" MEANS AN INSTRUCTIONAL GRANT  14,889       

PAID TO AN ELIGIBLE STUDENT THROUGH THE INSTRUCTIONAL GRANT        14,890       

PROGRAM UNDER SECTION 3333.12 OF THE REVISED CODE.                 14,891       

      (6) "PELL GRANT" MEANS A GRANT PAID TO AN ELIGIBLE           14,893       

INSTITUTION UNDER SECTION 1070a OF TITLE 20 OF THE UNITED STATES   14,897       

CODE.                                                              14,898       

      (7) "STUDENT CHOICE GRANT" MEANS A GRANT PAID TO AN          14,900       

ELIGIBLE RESIDENT OF THIS STATE UNDER SECTION 3333.27 OF THE       14,901       

REVISED CODE.                                                      14,902       

      (B)(1)  There is hereby created an instructional grant A     14,905       

SCHOLARSHIP program to be known as the Ohio national guard         14,907       

tuition grant SCHOLARSHIP program.  The FOR THE FISCAL YEAR 2000,  14,908       

THE number of participants in the program FOR THE FALL TERM IS     14,913       

LIMITED TO THE EQUIVALENT OF TWO THOUSAND FIVE HUNDRED FULL-TIME                

PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE    14,915       

WINTER TERM IS LIMITED TO THE EQUIVALENT OF TWO THOUSAND FIVE      14,916       

HUNDRED FULL-TIME PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE  14,917       

PROGRAM FOR THE SPRING TERM IS LIMITED TO THE EQUIVALENT OF ONE    14,919       

THOUSAND SIX HUNDRED SEVENTY-FIVE FULL-TIME PARTICIPANTS; AND THE  14,920       

NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM IS       14,921       

LIMITED TO THE EQUIVALENT OF SIX HUNDRED FULL-TIME PARTICIPANTS.   14,922       

EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION FOR THE      14,924       

FISCAL YEAR 2001 AND SUCCEEDING FISCAL YEARS, THE NUMBER OF        14,925       

PARTICIPANTS IN THE PROGRAM FOR THE FALL TERM IS LIMITED TO THE    14,926       

EQUIVALENT OF THREE THOUSAND FIVE HUNDRED FULL-TIME PARTICIPANTS;  14,927       

THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE WINTER TERM IS   14,928       

LIMITED TO THE EQUIVALENT OF THREE THOUSAND FIVE HUNDRED           14,930       

                                                          316    


                                                                 
FULL-TIME PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE PROGRAM  14,932       

FOR THE SPRING TERM IS LIMITED TO THE EQUIVALENT OF TWO THOUSAND                

THREE HUNDRED FORTY-FIVE FULL-TIME PARTICIPANTS; AND THE NUMBER    14,933       

OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM is limited to   14,936       

four thousand per academic term THE EQUIVALENT OF EIGHT HUNDRED    14,937       

FULL-TIME PARTICIPANTS.  NO MEMBER OF THE NATIONAL GUARD MAY       14,940       

RECEIVE A SCHOLARSHIP UNDER THE OHIO NATIONAL GUARD SCHOLARSHIP    14,941       

PROGRAM UNLESS THE MEMBER APPLIES FOR AND ACCEPTS ALL AVAILABLE    14,942       

OHIO INSTRUCTIONAL GRANTS, STUDENT CHOICE GRANTS, AND PELL         14,943       

GRANTS.                                                                         

      (2) AFTER THE APPLICATION DEADLINE FOR ANY ACADEMIC TERM IN  14,945       

FISCAL YEAR 2001, THE ADJUTANT GENERAL MAY REQUEST THE             14,946       

CONTROLLING BOARD, IF SUFFICIENT APPROPRIATED FUNDS ARE            14,947       

AVAILABLE, TO APPROVE THE FOLLOWING NUMBER OF ADDITIONAL           14,948       

PARTICIPANTS FOR THAT TERM:                                                     

      (a)  FOR THE FALL OR WINTER ACADEMIC TERM, UP TO THE         14,950       

EQUIVALENT OF FIVE HUNDRED ADDITIONAL FULL-TIME PARTICIPANTS;      14,952       

      (b)  FOR THE SPRING ACADEMIC TERM, UP TO THE EQUIVALENT OF   14,954       

THREE HUNDRED SEVENTY-FIVE ADDITIONAL FULL-TIME PARTICIPANTS;      14,956       

      (c) FOR THE SUMMER ACADEMIC TERM, UP TO THE EQUIVALENT OF    14,958       

ONE HUNDRED TWENTY-FIVE ADDITIONAL FULL-TIME PARTICIPANTS.         14,959       

      (C)  If the adjutant general estimates that appropriations   14,961       

for all instructional grants SCHOLARSHIPS applied for under this   14,962       

section and likely to be used during a AN ACADEMIC term are        14,964       

inadequate for all eligible applicants for that ACADEMIC term to   14,966       

receive grants SCHOLARSHIPS, the adjutant general shall promptly   14,969       

inform all applicants not receiving grants SCHOLARSHIPS for that   14,971       

ACADEMIC term of the next ACADEMIC term that appropriations will   14,972       

be adequate for the grants SCHOLARSHIPS.  Any such eligible        14,973       

applicant may again apply for grants A SCHOLARSHIP beginning that  14,975       

ACADEMIC term if the applicant is in compliance with all           14,976       

requirements established by this section and the adjutant general  14,977       

for the program.  The adjutant general shall process all           14,979       

applications for instructional grants SCHOLARSHIPS for each        14,980       

                                                          317    


                                                                 
ACADEMIC term in the order in which they are received.  The        14,983       

grants SCHOLARSHIPS shall be made without regard to financial      14,984       

need.  At no time shall one person be placed in priority over      14,985       

another because of sex, race, or religion.                         14,986       

      (D)  For each ACADEMIC term that an eligible applicant is    14,988       

approved for an instructional grant A SCHOLARSHIP under this       14,990       

section and remains a current member in good standing of the Ohio  14,992       

national guard, the institution of higher education in which the   14,993       

applicant is enrolled shall, if the applicant's enlistment         14,995       

obligation extends beyond the end of that ACADEMIC term, be paid   14,996       

on the applicant's behalf the applicable one of the following      14,997       

amounts:                                                                        

      (1)  If the institution is state-assisted, an amount equal   14,999       

to sixty ONE HUNDRED per cent of the institution's tuition         15,002       

charges, REDUCED BY THE AMOUNT OF ANY ASSISTANCE THE MEMBER        15,004       

RECEIVES FROM OHIO INSTRUCTIONAL GRANTS AND STUDENT CHOICE         15,005       

GRANTS, AND BY ONE-HALF OF THE AMOUNT OF PELL GRANTS THE MEMBER    15,006       

RECEIVES;                                                                       

      (2)  If the institution is a nonprofit private institution,  15,008       

an amount equal to sixty ONE HUNDRED per cent of the average       15,009       

tuition charges of all state universities, REDUCED BY THE AMOUNT   15,011       

OF ANY ASSISTANCE THE MEMBER RECEIVES FROM OHIO INSTRUCTIONAL      15,012       

GRANTS AND STUDENT CHOICE GRANTS, AND BY ONE-HALF OF THE AMOUNT                 

OF PELL GRANTS THE MEMBER RECEIVES;                                15,013       

      (3)  If the institution is an institution that holds a       15,015       

certificate of registration from the state board of proprietary    15,016       

school registration, the lesser of the following:                  15,017       

      (a)  An amount equal to sixty ONE HUNDRED per cent of the    15,020       

total instructional and general charges of the institution,                     

REDUCED BY THE AMOUNT OF ANY ASSISTANCE THE MEMBER RECEIVES FROM   15,022       

OHIO INSTRUCTIONAL GRANTS AND STUDENT CHOICE GRANTS, AND BY        15,023       

ONE-HALF OF THE AMOUNT OF PELL GRANTS THE MEMBER RECEIVES;         15,024       

      (b)  An amount equal to sixty ONE HUNDRED per cent of the    15,026       

average tuition charges of all state universities, REDUCED BY THE  15,027       

                                                          318    


                                                                 
AMOUNT OF ANY ASSISTANCE THE MEMBER RECEIVES FROM OHIO             15,028       

INSTRUCTIONAL GRANTS AND STUDENT CHOICE GRANTS, AND BY ONE-HALF    15,029       

OF THE AMOUNT OF PELL GRANTS THE MEMBER RECEIVES.                  15,030       

      (4)  AN ELIGIBLE APPLICANT'S SCHOLARSHIP SHALL NOT BE        15,032       

REDUCED BY THE AMOUNT OF THAT APPLICANT'S BENEFITS UNDER "THE      15,033       

MONTGOMERY G.I. BILL ACT OF 1984," PUB. L. NO. 98-525, 98 STAT.    15,039       

2553 (1984).                                                       15,040       

      (E)  A grant SCHOLARSHIP recipient under this section shall  15,042       

be entitled to receive instructional grants SCHOLARSHIPS under     15,043       

this section for the number of quarters or semesters it takes the  15,045       

recipient to accumulate ninety-six eligibility units as            15,047       

determined under divisions (E)(1) to (3) of this section.                       

      (1)  To determine the maximum number of semesters or         15,050       

quarters for which a recipient is entitled to grants A             15,051       

SCHOLARSHIP under this section, the adjutant general shall         15,052       

convert a recipient's credit hours of enrollment for each          15,053       

ACADEMIC term into eligibility units in accordance with the        15,054       

following table:                                                                

Number of                   The                    The             15,062       

credit                      following              following                    

hours of                    number of              number of                    

enrollment                  eligibility            eligibility                  

in a AN                     units if               units if        15,063       

ACADEMIC                    a                      a quarter                    

term          equals        semester      or                                    

                                                                   15,063       

12 or more hours            12 units               8 units         15,068       

9 but less than 12          9 units                6 units         15,069       

6 but less than 9           6 units                4 units         15,070       

      (2)  A grant SCHOLARSHIP recipient under this section may    15,073       

continue to apply for grants SCHOLARSHIPS under this section       15,075       

until the recipient has accumulated ninety-six eligibility units.  15,077       

      (3)  If a grant SCHOLARSHIP recipient withdraws from         15,079       

courses prior to the end of a AN ACADEMIC term so that the         15,081       

                                                          319    


                                                                 
recipient's enrollment for that ACADEMIC term is less than six     15,083       

credit hours, no grant SCHOLARSHIP shall be paid on behalf of      15,085       

that person for that ACADEMIC term except that, if a grant         15,086       

SCHOLARSHIP has already been paid on behalf of the person for      15,087       

that ACADEMIC term, the adjutant general shall add to that         15,088       

person's accumulated eligibility units the number of eligibility   15,089       

units for which the grant SCHOLARSHIP was paid.                    15,090       

      (F)  A grant SCHOLARSHIP recipient under this section who    15,093       

fails to complete the term of enlistment, re-enlistment, or        15,094       

extension of current enlistment the recipient was serving at the   15,095       

time an instructional grant A SCHOLARSHIP was paid on behalf of    15,096       

the recipient under this section is liable to the state for        15,098       

repayment of a percentage of all instructional grants OHIO         15,099       

NATIONAL GUARD SCHOLARSHIPS paid on behalf of the recipient under  15,101       

this section, plus interest at the rate of ten per cent per annum  15,103       

calculated from the dates the grants SCHOLARSHIPS were paid.       15,104       

This percentage shall equal the percentage of the current term of  15,106       

enlistment, re-enlistment, or extension of enlistment a recipient  15,107       

has not completed as of the date the recipient is discharged from  15,108       

the Ohio national guard.                                           15,109       

      The attorney general may commence a civil action on behalf   15,111       

of the adjutant general to recover the amount of the grants        15,112       

SCHOLARSHIPS and the interest provided for in this division and    15,114       

the expenses incurred in prosecuting the action, including court   15,116       

costs and reasonable attorney's fees.  A grant SCHOLARSHIP         15,118       

recipient is not liable under this division if the recipient's     15,119       

failure to complete the term of enlistment being served at the     15,121       

time an instructional grant A SCHOLARSHIP was paid on behalf of    15,123       

the recipient under this section is due to the recipient's death;  15,124       

discharge from the national guard due to disability; or the        15,126       

recipient's enlistment, for a term not less than the recipient's   15,127       

remaining term in the national guard, in the active COMPONENT OF   15,129       

THE UNITED STATES ARMED FORCES or THE ACTIVE reserve forces        15,130       

COMPONENT of the United States armed forces.                       15,131       

                                                          320    


                                                                 
      (G)  On or before the first day of each ACADEMIC term, the   15,133       

adjutant general shall provide an eligibility roster to each       15,134       

institution of higher education at which one or more               15,135       

instructional grant SCHOLARSHIP recipients have applied for        15,137       

enrollment.  The institution shall use the roster to certify the   15,139       

actual full-time or part-time enrollment of each instructional     15,141       

grant SCHOLARSHIP recipient listed as enrolled at the institution  15,144       

and return the roster to the adjutant general within thirty days   15,145       

after the first day of the ACADEMIC term.  Within thirty days      15,147       

after the adjutant general receives all the rosters, he THE        15,149       

ADJUTANT GENERAL SHALL REPORT TO THE OHIO BOARD OF REGENTS THE     15,150       

NUMBER OF STUDENTS IN THE OHIO NATIONAL GUARD SCHOLARSHIP PROGRAM  15,151       

AT EACH INSTITUTION OF HIGHER EDUCATION.  THE OHIO BOARD OF        15,152       

REGENTS SHALL PROVIDE FOR PAYMENT OF THE APPROPRIATE NUMBER AND    15,153       

AMOUNT OF SCHOLARSHIPS TO EACH INSTITUTION OF HIGHER EDUCATION     15,154       

PURSUANT TO DIVISION (D) OF THIS SECTION.  THE ADJUTANT GENERAL    15,155       

shall report ON A QUARTERLY BASIS to the director of budget and    15,156       

management, the speaker of the house of representatives, and the   15,157       

president of the senate the number of students in the tuition      15,158       

grant program OHIO NATIONAL GUARD SCHOLARSHIP RECIPIENTS and a     15,159       

projection of the cost of the program for the remainder of the     15,161       

biennium.                                                                       

      Section 2.  That existing sections 9.90, 125.05, 125.13,     15,163       

1111.01, 3301.011, 3301.0711, 3301.0714, 3301.80, 3301.801,        15,164       

3302.01, 3302.02, 3302.03, 3302.07, 3311.19, 3311.213, 3311.24,    15,165       

3313.603, 3313.608, 3313.61, 3313.611, 3313.612, 3313.613,         15,166       

3313.981, 3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.09,    15,167       

3314.11, 3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 3317.01,     15,168       

3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212,        15,169       

3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05, 3317.051,        15,170       

3317.11, 3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06,   15,171       

3318.08, 3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16,   15,172       

3318.17, 3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.31,     15,173       

3318.35, 3319.081, 3319.22, 3319.235, 3332.05, 3332.07, 3332.084,  15,174       

                                                          321    


                                                                 
3332.085, 3333.04, 3333.12, 3333.27, 3345.22, 3365.01, 3365.02,    15,175       

3365.03, 3365.041, 3365.05, 3365.07, 3365.09, 3770.06, 4117.101,   15,176       

5126.12, 5126.16, 5705.29, 5705.412, 5747.01, 5910.032, and        15,177       

5919.34 and sections 3313.21, 3313.974, 3313.975, 3313.976,                     

3313.977, 3313.978, 3313.979, 3317.0214, 3317.053, 3317.16,        15,178       

3318.23, 3318.24, and 3318.27 of the Revised Code are hereby       15,179       

repealed.                                                                       

      Section 3.  Except as otherwise provided, all appropriation  15,181       

line items (ALI) in this act are hereby appropriated out of any    15,182       

moneys in the state treasury to the credit of the designated       15,183       

fund, which are not otherwise appropriated.  For all               15,184       

appropriations made in this act, those amounts in the first        15,185       

column are for fiscal year 2000 and those amounts in the second                 

column are for fiscal year 2001.                                   15,186       

FND ALI     ALI TITLE                    FY 2000        FY 2001    15,187       

      Section 4.  EDU  DEPARTMENT OF EDUCATION                     15,190       

General Revenue Fund                                               15,192       

GRF 200-100 Personal Services     $   12,190,600 $   12,265,000    15,197       

GRF 200-320 Maintenance and                                        15,199       

            Equipment             $    8,961,654 $    5,293,979    15,201       

GRF 200-406 Head Start            $   97,992,016 $  101,843,825    15,205       

GRF 200-408 Public Preschool      $   19,066,606 $   19,506,205    15,209       

GRF 200-410 Professional                                           15,211       

            Development           $   27,093,834 $   27,918,834    15,213       

GRF 200-411 Family and Children                                    15,215       

            First                 $   10,642,188 $   10,642,188    15,217       

GRF 200-416 Vocational Education                                   15,219       

            Match                 $    2,325,916 $    2,381,738    15,221       

GRF 200-420 Technical Systems                                      15,223       

            Development           $    4,950,000 $    3,850,000    15,225       

GRF 200-422 School Management                                      15,227       

            Assistance            $    1,387,186 $    1,440,836    15,229       

GRF 200-424 Policy Analysis       $      505,354 $      637,655    15,233       

                                                          322    


                                                                 
GRF 200-426 Ohio Educational                                       15,235       

            Computer Network      $   25,089,772 $   37,004,086    15,237       

GRF 200-431 School Improvement                                     15,239       

            Models                $   26,900,000 $   26,775,000    15,241       

GRF 200-432 School Conflict                                        15,243       

            Management            $      611,645 $      621,524    15,245       

GRF 200-437 Student Proficiency   $   16,097,983 $   15,692,045    15,249       

GRF 200-441 American Sign                                          15,251       

            Language              $      231,449 $      237,003    15,253       

GRF 200-442 Child Care Licensing  $    1,477,003 $    1,518,359    15,257       

GRF 200-445 OhioReads                                              15,259       

            Admin/Volunteer                                                     

            Support               $    5,000,000 $    5,000,000    15,261       

GRF 200-446 Education Management                                   15,263       

            Information System    $   13,799,674 $   12,649,674    15,265       

GRF 200-447 GED Testing/Adult                                      15,267       

            High School           $    2,033,187 $    2,081,983    15,269       

GRF 200-455 Community Schools     $    3,500,000 $    3,500,000    15,273       

GRF 200-500 School Finance Equity $   47,115,689 $   33,756,194    15,277       

GRF 200-501 Base Cost Funding     $3,451,299,752 $3,762,343,963    15,281       

GRF 200-502 Pupil Transportation  $  265,946,768 $  291,182,101    15,285       

GRF 200-503 Bus Purchase                                           15,287       

            Allowance             $   38,132,291 $   39,047,466    15,289       

GRF 200-505 School Lunch Match    $    9,450,000 $    9,450,000    15,293       

GRF 200-509 Adult Literacy                                         15,295       

            Education             $    9,361,964 $    9,586,651    15,297       

GRF 200-511 Auxiliary Services    $  110,255,190 $  118,083,309    15,301       

GRF 200-513 Summer Intervention   $   15,500,000 $   15,500,000    15,305       

GRF 200-514 Post-Secondary/Adult                                   15,307       

            Vocational Education  $   21,254,866 $   23,230,243    15,309       

GRF 200-520 Disadvantaged Pupil                                    15,311       

            Impact Aid            $  390,708,953 $  390,708,953    15,313       

GRF 200-521 Gifted Pupil Program  $   41,923,505 $   44,060,601    15,317       

                                                          323    


                                                                 
GRF 200-524 Educational                                            15,319       

            Excellence and                                                      

            Competency            $   12,327,666 $   10,859,667    15,321       

GRF 200-532 Nonpublic                                              15,323       

            Administrative Cost                                                 

            Reimbursement         $   48,062,292 $   51,474,714    15,325       

GRF 200-533 School-Age Child Care $    1,070,720 $    1,096,417    15,329       

GRF 200-534 Desegregation Costs   $   12,000,000 $   11,700,000    15,333       

GRF 200-540 Special Education                                      15,335       

            Enhancements          $  127,842,848 $  139,220,164    15,337       

GRF 200-545 Vocational Education                                   15,339       

            Enhancements          $   30,318,259 $   31,389,607    15,341       

GRF 200-546 Charge-Off Supplement $   10,000,000 $   14,000,000    15,345       

GRF 200-547 Power Equalization    $   21,900,000 $   34,700,000    15,349       

GRF 200-551 Reading Improvement   $    1,704,454 $    1,745,361    15,353       

GRF 200-552 County MR/DD Boards                                    15,355       

            Vehicle Purchases     $    1,627,152 $    1,666,204    15,357       

GRF 200-553 County MR/DD Boards                                    15,359       

            Transportation                                                      

            Operating             $    8,326,400 $    9,575,910    15,361       

GRF 200-558 Emergency Loan                                         15,363       

            Interest Subsidy      $    6,940,447 $    5,470,150    15,365       

GRF 200-566 OhioReads Grants      $   25,000,000 $   25,000,000    15,369       

GRF 200-570 School Improvement                                     15,371       

            Incentive Grants      $   10,000,000 $   10,000,000    15,373       

GRF 200-572 Teacher Incentive                                      15,375       

            Grants                $    5,000,000 $            0    15,377       

GRF 200-573 Character Education   $    1,050,000 $    1,050,000    15,381       

GRF 200-574 Substance Abuse                                        15,383       

            Prevention            $    2,300,000 $    2,420,000    15,385       

GRF 200-575 12th Grade                                             15,387       

            Proficiency Stipend   $   17,500,000 $   17,500,000    15,389       

GRF 200-580 River Valley School                                    15,391       

            Environmental Issues  $      350,000 $            0    15,393       

                                                          324    


                                                                 
GRF 200-901 Property Tax                                           15,395       

            Allocation -                                                        

            Education             $  636,200,000 $  673,960,000    15,397       

GRF 200-906 Tangible Tax                                           15,399       

            Exemption - Education $   69,000,000 $   71,000,000    15,401       

TOTAL GRF General Revenue Fund    $5,729,325,283 $6,141,637,610    15,404       

General Services Fund Group                                        15,407       

138 200-606 Computer Services     $    4,255,067 $    4,374,209    15,412       

4D1 200-602 Ohio                                                   15,414       

            Prevention/Education                                                

            Resource Center       $      310,000 $      325,000    15,416       

4L2 200-681 Teacher Certification                                  15,418       

            and Licensure         $    3,774,544 $    3,880,232    15,420       

452 200-638 Miscellaneous Revenue $      295,000 $      295,000    15,424       

5H3 200-687 School District                                        15,426       

            Solvency Assistance   $   30,000,000 $   30,000,000    15,428       

596 200-656 Ohio Career                                            15,430       

            Information System    $      699,399 $      718,084    15,432       

TOTAL GSF General Services                                         15,433       

   Fund Group                     $   39,334,010 $   39,592,525    15,436       

Federal Special Revenue Fund Group                                 15,439       

309 200-601 Educationally                                          15,442       

            Disadvantaged         $    8,560,567 $    8,988,595    15,444       

366 200-604 Adult Basic Education $   14,901,137 $   14,901,137    15,448       

3H9 200-605 Head Start                                             15,450       

            Collaboration Project $      250,000 $      250,000    15,452       

367 200-607 School Food Services  $    9,492,000 $    9,783,000    15,456       

3T4 200-613 Public Charter                                         15,458       

            Schools               $    3,157,895 $    4,725,000    15,460       

368 200-614 Veterans' Training    $      609,517 $      626,584    15,464       

369 200-616 Vocational Education  $    7,500,000 $    8,000,000    15,468       

3L6 200-617 Federal School Lunch  $  163,500,000 $  170,500,000    15,472       

3L7 200-618 Federal School                                         15,474       

            Breakfast             $   40,500,000 $   44,500,000    15,476       

                                                          325    


                                                                 
3L8 200-619 Child and Adult Care                                   15,478       

            Programs              $   58,600,000 $   58,600,000    15,480       

3L9 200-621 Vocational Education                                   15,482       

            Basic Grant           $   55,583,418 $   57,139,754    15,484       

3M0 200-623 ESEA Chapter One      $  375,633,666 $  394,415,350    15,488       

370 200-624 Education of All                                       15,490       

            Handicapped Children  $    1,594,949 $    1,320,000    15,492       

3T5 200-625 Coordinated School                                     15,494       

            Health                $      536,437 $      536,437    15,496       

3N7 200-627 School-to-Work        $   13,864,500 $   14,252,706    15,500       

371 200-631 EEO Title IV          $      488,052 $      508,917    15,504       

374 200-647 E.S.E.A. Consolidated                                  15,506       

            Grants                $      107,096 $      110,094    15,508       

376 200-653 J.T.P.A.              $    5,123,365 $    5,266,819    15,512       

3R3 200-654 Goals 2000            $   19,453,001 $   20,425,651    15,516       

378 200-660 Math/Science                                           15,518       

            Technology                                                          

            Investments           $   11,686,926 $   12,271,272    15,520       

3C5 200-661 Federal Dependent                                      15,522       

            Care Programs         $   17,996,709 $   17,996,709    15,524       

3D1 200-664 Drug Free Schools     $   20,026,500 $   20,587,242    15,528       

3D2 200-667 Honors Scholarship                                     15,530       

            Program               $    1,976,400 $    2,371,680    15,532       

3E2 200-668 AIDS Education                                         15,534       

            Project               $      620,774 $      620,774    15,536       

3S7 200-673 Child Care School Age $    5,135,000 $    5,278,000    15,540       

3M1 200-678 ESEA Chapter Two      $   61,901,429 $   16,591,501    15,544       

3M2 200-680 Ind W/Disab Education                                  15,546       

            Act                   $  143,000,000 $  162,000,000    15,548       

3P9 200-686 SRRC/FRC Evaluation                                    15,550       

            Project               $       51,350 $       52,788    15,552       

TOTAL FED Federal Special                                          15,553       

   Revenue Fund Group             $1,041,850,688 $1,052,620,010    15,556       

State Special Revenue Fund Group                                   15,559       

                                                          326    


                                                                 
4M4 200-637 Emergency Service                                      15,562       

            Telecommunication                                                   

            Training              $      762,548 $      783,899    15,564       

4R7 200-695 Indirect Cost                                          15,566       

            Recovery              $    2,868,561 $    2,948,881    15,568       

4V7 200-633 Interagency                                            15,570       

            Vocational Support    $      645,359 $      663,429    15,572       

454 200-610 Guidance and Testing  $      503,912 $      516,484    15,576       

455 200-608 Commodity Foods       $    8,000,000 $    8,000,000    15,580       

598 200-659 Auxiliary Services                                     15,582       

            Mobile Units          $    1,292,714 $    1,328,910    15,584       

620 200-615 Educational Grants    $    1,500,000 $    1,500,000    15,588       

TOTAL SSR State Special Revenue                                    15,589       

   Fund Group                     $   15,573,094 $   15,741,603    15,592       

Lottery Profits Education Fund Group                               15,595       

017 200-612 Base Cost Funding     $  656,247,000 $  660,467,000    15,600       

017 200-682 Lease Rental Payment                                   15,602       

            Reimbursement         $   29,753,000 $   29,733,000    15,604       

TOTAL LPE Lottery Profits                                          15,605       

   Education Fund Group           $  686,000,000 $  690,200,000    15,608       

TOTAL ALL BUDGET FUND GROUPS      $7,512,083,075 $7,939,791,748    15,611       

      Section 4.01.  Personal Services                             15,614       

      Of the foregoing appropriation item 200-100, Personal        15,616       

Services, $120,000 in each fiscal year shall be used to support    15,617       

the salary and fringe benefits of a teacher in residence and       15,618       

support staff at the Governor's Office.                                         

      Of the foregoing appropriation item 200-100, Personal        15,620       

Services, up to $250,000 in fiscal year 2000 shall be used by the  15,621       

Department of Education to contract with an independent            15,622       

researcher to conduct a study of the educational and fiscal        15,623       

benefits of sharing services, programs, and facilities in school                

districts that are declared to be in a state of academic           15,624       

emergency under division (B) of section 3302.03 of the Revised     15,625       

Code or declared to be in a state of fiscal emergency under        15,626       

                                                          327    


                                                                 
section 3316.03 of the Revised Code.  The study shall pay          15,627       

particular attention to the academic benefits of school district   15,628       

sharing services and shall examine the feasibility of joint use                 

of facilities and joint provision of programs by school            15,629       

districts.  The Department shall submit the completed study to     15,630       

the General Assembly and the Governor by December 31, 1999.        15,631       

      Maintenance and Equipment                                    15,633       

      Of the foregoing appropriation item 200-320, Maintenance     15,635       

and Equipment, up to $25,000 may be expended in each year of the   15,636       

biennium for State Board of Education out-of-state travel.         15,637       

      Of the foregoing appropriation item 200-320, Maintenance     15,639       

and Equipment, $4,000,000 in fiscal year 2000 shall be reserved    15,640       

to fund expenses associated with the Department of Education's     15,641       

move from the Ohio Departments Building.  The unencumbered         15,642       

balance of the appropriation at the end of fiscal year 2000 is     15,643       

hereby transferred to fiscal year 2001 to pay the cost of the                   

move of the Department of Education from the Ohio Departments      15,644       

Building.                                                                       

      Of the foregoing appropriation item 200-320, Maintenance     15,646       

and Equipment, $30,000 in each fiscal year shall be used to fund   15,647       

the travel expenses and administrative overhead of the Teacher in  15,648       

Residence and support staff at the Governor's Office.              15,649       

      Of the foregoing appropriation item 200-320, Maintenance     15,651       

and Equipment, up to $17,675 in fiscal year 2000 shall be used to  15,652       

fund the acquisition and shipping costs associated with providing  15,653       

one copy of the book "Letters Home:  The Letters of the Ohio       15,654       

Veterans Plaza," and a videotape of the dedication of the Ohio     15,655       

Veterans Plaza to each public high school library in the state.                 

      Of the foregoing appropriation item 200-320, Maintenance     15,657       

and Equipment, up to $350,000 in fiscal year 2001 shall be         15,658       

reserved for the expenses of the Auditor of State, if necessary,   15,659       

subject to approval of the Controlling Board.                                   

      Section 4.02.  Head Start                                    15,661       

      Of the foregoing appropriation item 200-406, Head Start,     15,663       

                                                          328    


                                                                 
$1,000,000 in each fiscal year shall be used for the Waterford     15,664       

Reading Program.  The remainder of the appropriation shall be      15,665       

distributed by the Department of Education to Head Start           15,666       

agencies.  A "Head Start agency" means an entity that has been     15,667       

approved to be an agency in accordance with Section 641 [42        15,669       

U.S.C. 9836< of the Head Start Act and amendments thereto, or an   15,670       

entity designated for state Head Start funding under this          15,672       

section.  Participation in state funded Head Start programs is                  

voluntary.                                                                      

      Moneys distributed under this heading shall not be used to   15,674       

reduce expenditures from funds received by a Head Start agency     15,675       

from any other sources.  Section 3301.31 of the Revised Code does  15,676       

not apply to funds distributed under this heading.  In lieu of     15,677       

section 3301.31 of the Revised Code, distribution of moneys under  15,678       

this heading shall be as follows:                                               

      (A)  In fiscal years 2000 and 2001, up to two per cent of    15,680       

the remaining appropriation may be used by the Department for      15,681       

administrative costs of complying with this section; developing    15,682       

program capacity; and assisting programs with facilities           15,684       

planning, construction, renovation, or lease agreements in                      

combination with the Community Development Finance Fund (CDFF).    15,685       

Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal      15,686       

year 2001 may be used for training in early literacy for Head      15,687       

Start classroom teachers and administrators to support the         15,688       

OhioReads Initiative.                                                           

      (B)  The department shall provide an annual report to the    15,690       

Governor, the Speaker of the House of Representatives, the         15,691       

President of the Senate, the State Board of Education, Head Start  15,692       

grantees, and other interested parties.  The report shall include  15,693       

the following:                                                                  

      (1)  The number and per cent of eligible children by county  15,695       

and by grantee;                                                                 

      (2)  The amount of state funds requested for continuation    15,697       

per grantee;                                                       15,698       

                                                          329    


                                                                 
      (3)  The amount of state funds received for continuation     15,700       

per grantee;                                                       15,701       

      (4)  A summary of program performance on the state critical  15,703       

performance indicators;                                            15,704       

      (5)  A summary of developmental progress of children         15,706       

participating in the state funded Head Start program;              15,707       

      (6)  Any other data reflecting the performance of Head       15,709       

Start that the department considers pertinent.                     15,710       

      (C)  For purposes of this section, "eligible child" means a  15,712       

child who is at least three years of age and not of compulsory     15,713       

school age whose family earns no more than 100 per cent of the     15,714       

federal poverty level, except as otherwise provided in this        15,715       

division.                                                                       

      The Department of Education, in consultation with Head       15,717       

Start grantees or their designated representatives, shall          15,718       

establish criteria under which individual Head Start grantees may  15,719       

apply to the department for a waiver to include as "eligible       15,720       

children" those children from families earning up to 125 per cent  15,721       

of the federal poverty level when the children otherwise qualify   15,722       

as "eligible children" under this division.                        15,723       

      The Department of Education, in consultation with the        15,725       

Department of Human Services, interested parties, and Head Start   15,726       

agencies shall formulate a method for determining an estimate of   15,727       

the number of eligible children and the per cent served by         15,728       

grantee(s) in each county.                                                      

      (D)  After setting aside amounts to make any payments due    15,730       

from the prior fiscal year, in fiscal years 2000 and 2001, funds   15,731       

shall first be distributed to recipients of Head Start funds       15,733       

during the preceding fiscal year.  Awards under this division may  15,735       

be reduced by the amount received in that year for one-time                     

start-up costs and may be adjusted for actual months of program    15,736       

operation or enrollment as reported during the first full week of  15,737       

December, and may be increased by a reasonable percentage for      15,738       

inflation to be determined by the Department of Education and in   15,739       

                                                          330    


                                                                 
accordance with this section.  The Department may redistribute     15,740       

dollars to programs demonstrating an unmet need based on updated   15,741       

assessments of family needs and community resources, with special  15,742       

attention to the projected impact of welfare reform.  In fiscal                 

years 2000 and 2001, the department may authorize recipients to    15,743       

carry over funds to the subsequent fiscal year.                    15,744       

      The Department may reallocate unobligated or unspent money   15,746       

to participating Head Start agencies for purposes of program       15,747       

expansion, improvement, or special projects to promote excellence  15,748       

and innovation.                                                                 

      (E)  Costs for developing and administering a Head Start     15,750       

program may not exceed fifteen per cent of the total approved      15,751       

costs of the program.                                                           

      All recipients of funds shall maintain such fiscal control   15,753       

and accounting procedures as may be necessary to ensure the        15,754       

disbursement of, and accounting for, these funds.  The control of  15,755       

funds provided in this program, and title to property obtained     15,756       

therefrom, shall be under the authority of the approved recipient  15,757       

for purposes provided in the program.  The approved recipient      15,758       

shall administer and use such property and funds for the purposes  15,759       

specified.                                                         15,760       

      Each recipient shall furnish the department an annual audit  15,762       

that includes the review of state funds received under this        15,763       

section.                                                                        

      (F)  The department shall prescribe target levels for        15,767       

critical performance indicators for the purpose of assessing Head  15,768       

Start programs.  On-site reviews and follow-up visits shall be                  

based on grantee progress in meeting the prescribed target         15,769       

levels.                                                                         

      The department may audit a Head Start agency's financial     15,771       

and program records.  Head Start agencies that have financial      15,772       

practices not in accordance with standard accounting principles,   15,773       

that fail to substantially meet the Head Start performance         15,774       

standards, or that exhibit below-average performance shall be      15,775       

                                                          331    


                                                                 
subject to an on-site review.                                      15,776       

      The department shall require corrective plans of action for  15,778       

programs not achieving target levels or financial and program      15,779       

standards.  Action plans shall include activities to be conducted  15,781       

by the grantee and timelines for activities to be completed and                 

timelines for additional data submission to the department         15,782       

demonstrating targets have been met.  The Policy Council           15,783       

chairperson and the appropriate grantee board official shall sign  15,784       

the corrective plans of action.                                                 

      Programs not meeting performance targets in accordance with  15,787       

the plan of action and prescribed timelines may have their                      

continuation funding reduced, be disqualified for expansion        15,788       

consideration until targets are met, or have all state funds       15,789       

withdrawn and a new grantee established.                                        

      The department shall require school districts to collect     15,791       

"preschool" information by program type.  All data shall be        15,792       

reported via the Education Management Information System (EMIS).   15,793       

      (G)  The Department shall require Head Start grantees to     15,795       

document child progress, using a common instrument prescribed by   15,796       

the department, and report results annually.  The department       15,797       

shall determine the dates for documenting and reporting.           15,798       

      The State Board of Education shall adopt rules addressing    15,800       

the use of screening and assessment data, including, but not       15,801       

limited to, all the following:                                     15,802       

      (1)  Protection of the identity of individual children       15,804       

through assignment of a unique but not personally identifiable     15,805       

code;                                                                           

      (2)  Parents' rights;                                        15,807       

      (3)  Use of the data by school personnel as it relates to    15,809       

kindergarten entrance.                                             15,810       

      (H)  New agencies may be designated for state Head Start     15,812       

funding if a Head Start agency voluntarily waives its right for    15,813       

funding or is de-funded based on performance.                      15,814       

      When such a condition exists, the department shall conduct   15,816       

                                                          332    


                                                                 
a competitive bidding process to select a new agency to provide    15,817       

state funded continuation and/or expansion services.  The bidding  15,818       

process shall include notices of competitive bidding mailed to     15,819       

delegate agencies in the affected area and to newspapers in the    15,820       

Head Start service area.                                                        

      Section 3313.646 of the Revised Code does not apply to       15,822       

funds distributed under this section.                              15,823       

      (I)  It is the intent of the General Assembly that           15,825       

appropriations for appropriation items 200-406, Head Start, and    15,826       

200-408, Public Preschool, be available for transfer between Head  15,827       

Start and public preschool programs so that unallocated funds may  15,828       

be used between the two programs.                                  15,829       

      Section 4.03.  Public Preschool                              15,831       

      The Department of Education shall distribute the foregoing   15,833       

appropriation item 200-408, Public Preschool, to pay the costs of  15,835       

comprehensive preschool programs.  As used in this section,        15,836       

"school district" means a city, local, exempted village, or joint  15,837       

vocational school district, or an educational service center.      15,839       

      (A)  In fiscal years 2000 and 2001, up to two per cent of    15,841       

the total appropriation may be used by the department for          15,842       

administrative costs of complying with this section; developing    15,843       

program capacity; and assisting programs with facilities           15,845       

planning, construction, renovation, or lease agreements in         15,846       

conjunction with the Community Development Finance Fund (CDFF).                 

      (B)  The department shall provide an annual report to the    15,849       

Governor, the Speaker of the House of Representatives, the         15,850       

President of the Senate, the State Board of Education, Head Start  15,851       

grantees, and other interested parties.  The report shall          15,852       

include:                                                           15,853       

      (1)  The number and per cent of eligible children by county  15,855       

and by school district;                                            15,856       

      (2)  The amount of state funds requested for continuation    15,858       

per school district;                                                            

      (3)  The amount of state funds received for continuation     15,860       

                                                          333    


                                                                 
per school district;                                                            

      (4)  A summary of program performance on the state critical  15,862       

performance indicators in the public preschool program;            15,863       

      (5)  A summary of developmental progress of children         15,865       

participating in the state funded public preschool program;        15,866       

      (6)  Any other data reflecting the performance of public     15,868       

preschool programs that the department considers pertinent.        15,870       

      (C)  For purposes of this section "eligible child" means a   15,872       

child who is at least three years of age whose family earns no     15,874       

more than 185 per cent of the federal poverty level.                            

      The Department of Education, in consultation with the        15,876       

Department of Human Services, interested parties, and Head Start   15,877       

agencies shall formulate a method for determining an estimate of   15,878       

the number of eligible children and the percentage served by       15,879       

grantees in each county.                                           15,880       

      (D)  After setting aside amounts to make any payments due    15,882       

from the prior fiscal year, in fiscal years 2000 and 2001, funds   15,884       

shall first be distributed to recipients of funds during the       15,886       

preceding fiscal year.  Awards under this division may be reduced  15,887       

by the amount received in that fiscal year for one-time start-up   15,888       

costs and may be adjusted for actual months of program operation   15,889       

or enrollment as reported during the first full week of December,  15,890       

and may be increased by a reasonable percentage to be determined   15,891       

by the Department of Education.  The department may redistribute   15,892       

dollars to programs demonstrating an unmet need based on updated   15,893       

assessments of family needs and community resources, with special  15,894       

attention to the projected impact of welfare reform.  In fiscal    15,895       

years 2000 and 2001, the department may authorize recipients to    15,897       

carry over funds to the subsequent fiscal year.                                 

      The department may reallocate unobligated or unspent money   15,899       

to participating school districts for purposes of program          15,900       

expansion, improvement, or special projects to promote excellence  15,901       

and innovation.                                                    15,902       

      (E)  Costs for developing and administering a preschool      15,904       

                                                          334    


                                                                 
program may not exceed fifteen per cent of the total approved      15,905       

costs of the program.                                              15,906       

      All recipients of funds shall maintain such fiscal control   15,908       

and accounting procedures as may be necessary to ensure the        15,909       

disbursement of, and accounting for, these funds.  The control of  15,910       

funds provided in this program, and title to property obtained     15,911       

therefrom, shall be under the authority of the approved recipient  15,912       

for purposes provided in the program.  The approved recipient      15,913       

shall administer and use such property and funds for the purposes  15,914       

specified.                                                         15,915       

      (F)  The department shall prescribe target levels for        15,917       

critical performance indicators for the purpose of assessing       15,918       

public preschool programs.  On-site reviews and follow-up visits   15,919       

shall be based on progress in meeting the prescribed target        15,920       

levels.                                                                         

      The department may audit a school district's preschool       15,922       

financial and program records.  School districts that have         15,923       

financial practices not in accordance with standard accounting     15,924       

principles, that operate preschool programs that fail to           15,925       

substantially meet the Head Start performance standards, or that   15,926       

exhibit below-average performance shall be subject to an on-site   15,927       

review.                                                                         

      The department shall require corrective plans of action for  15,929       

programs not achieving target levels or financial and program      15,930       

standards.  Action plans shall include activities to be conducted  15,931       

by the grantee and timelines for activities to be completed and    15,932       

timelines for additional data submission to the department         15,933       

demonstrating that targets have been met.  The appropriate school  15,934       

board official shall sign the corrective plans of action.          15,935       

      Public preschool programs not meeting performance targets    15,937       

in accordance with the plan of action and prescribed timelines     15,938       

may have their continuation funding reduced, be disqualified for   15,939       

expansion consideration until targets are met, or have all state   15,940       

funds withdrawn and a new program established.                     15,941       

                                                          335    


                                                                 
      (G)  The department shall require public preschool programs  15,943       

to document child progress, using a common instrument prescribed   15,944       

by the department, and report results annually.  The department    15,945       

shall determine the dates for documenting and reporting.           15,946       

      The State Board of Education shall adopt rules addressing    15,948       

the use of screening and assessment data, including, but not       15,949       

limited to, all of the following:                                  15,950       

      (1)  Protection of the identity of individual children       15,952       

through assignment of a unique but not personally identifiable     15,953       

code;                                                                           

      (2)  Parents' rights;                                        15,955       

      (3)  Use of the data by school personnel as it relates to    15,957       

kindergarten entrance.                                             15,958       

      (H)  Each school district shall develop a sliding fee scale  15,960       

based on the family incomes in the district and shall charge       15,962       

families who earn more than the federal poverty level for          15,963       

preschool.                                                                      

      (I)  It is the intent of the General Assembly that           15,965       

appropriations for line item 200-406, Head Start, and 200-408,     15,966       

Public Preschool, be available for transfer between Head Start     15,967       

and Public Preschool programs so that unallocated funds may be     15,968       

used between the two programs.                                     15,969       

      Section 4.04.  Professional Development                      15,971       

      Of the foregoing appropriation item 200-410, Professional    15,973       

Development, $5,997,829 in each fiscal year shall be used by the   15,974       

Department of Education to develop a statewide comprehensive       15,976       

system of twelve professional development centers that support     15,977       

local educators' ability to foster academic achievement in the     15,978       

students they serve.  The centers shall include training teachers  15,980       

on site-based management concepts to encourage teachers to become  15,981       

involved in the management of their schools.                       15,982       

      Of the foregoing appropriation item 200-410, Professional    15,984       

Development, $1,321,292 in each fiscal year shall be used by the   15,985       

Department of Education to establish programs targeted at          15,986       

                                                          336    


                                                                 
recruiting under-represented populations into the teaching         15,987       

profession.  In each year, the appropriation item shall be used    15,988       

by the department to include, but not be limited to, alternative   15,989       

teacher licensure or certification programs emphasizing the        15,990       

recruitment of highly qualified minority candidates into           15,991       

teaching, including emphasizing the recruitment of highly          15,992       

qualified minority candidates into teaching positions in schools   15,993       

which have a high percentage of minority students.  The                         

recruitment programs shall also target recruiting qualified        15,995       

candidates available as a result of downsizing of the military     15,996       

and business sectors.  Funding shall also be targeted to           15,997       

statewide, regional, and local programs that are competitively                  

selected as promising programs demonstrating the potential of      15,998       

significantly increasing Ohio's minority teaching force.           15,999       

      Of the foregoing appropriation item 200-410, Professional    16,001       

Development, $9,659,713 in each fiscal year shall be distributed   16,002       

on a per teacher basis to all school districts and joint           16,003       

vocational school districts for locally developed teacher          16,004       

training and professional development and for the establishment    16,006       

of local professional development committees in all school         16,007       

districts and chartered nonpublic schools.  School districts and   16,008       

joint vocational school districts shall not be precluded from      16,009       

using these funds for cooperative activities on a county or        16,010       

regional basis.  School districts with pass rates of less than 75  16,011       

per cent on the fourth grade reading proficiency test shall                     

allocate no less than 40 per cent of these funds for professional  16,012       

development for teachers in elementary literacy skills.            16,013       

      Of the foregoing appropriation item 200-410, Professional    16,015       

Development, $115,000 in each fiscal year shall be used to fund    16,016       

public institutions or agencies that provide educational services  16,017       

and employ or contract the services of licensed educators for      16,018       

establishing local professional development committees pursuant    16,019       

to division (C)(5) of section 3319.22 of the Revised Code.                      

      Of the foregoing appropriation item 200-410, Professional    16,021       

                                                          337    


                                                                 
Development, $2,125,000 in fiscal year 2000 and $2,950,000 in      16,022       

fiscal year 2001 shall be used by the Department of Education to   16,024       

pay the application fee for teachers from public and chartered     16,025       

nonpublic schools applying to the National Board for Professional  16,026       

Teaching Standards for professional teaching certificates or       16,029       

licenses that the board offers, and to provide grants in each      16,030       

fiscal year to recognize and reward teachers who become certified  16,031       

by the board pursuant to section 3319.55 of the Revised Code.      16,032       

      These moneys shall be used to pay for the first 500          16,035       

applications in fiscal year 2000 and the first 600 applications    16,036       

in fiscal year 2001 received by the department.  Each prospective  16,037       

applicant for certification or licensure shall submit an           16,038       

application to the Department of Education.  When the department   16,039       

has collected a group of applications, but no later than 30 days   16,040       

after receipt of the first application in a group, it shall send                

the applications to the National Board for Professional Teaching   16,042       

Standards along with a check to cover the cost of the application  16,043       

fee for all applicants in that group.                              16,044       

      Of the foregoing appropriation item 200-410, Professional    16,046       

Development, up to $300,000 shall be used each fiscal year by the  16,047       

Department of Education to support the connection of teacher       16,048       

applicants to programs, including university programs, that        16,049       

enhance applicant learning and professional development during     16,050       

the National Board Certification process.                          16,051       

      Of the foregoing appropriation item 200-410, Professional    16,052       

Development, up to $1,875,000 in each fiscal year shall be         16,053       

allocated for entry year programs.  Each fiscal year, up to        16,054       

$1,250,000 shall be used for mentors and assessor training, and    16,055       

up to $1,475,000 for peer review.  The Department of Education                  

shall select eligible beginning teachers to participate in a       16,056       

year-long entry year program that provides guidance and coaching   16,057       

by experienced school district and university faculty and regular  16,058       

teacher performance assessment.  The program is designed to        16,059       

assess each beginning teacher with the Education Testing           16,060       

                                                          338    


                                                                 
Service's Praxis III examination.  These funds shall be used to                 

support the supervisory, teaching, and assessment services         16,061       

associated with the pilot residency program in urban, suburban,    16,062       

and rural sites.                                                                

      Of the foregoing appropriation item 200-410, Professional    16,064       

Development, up to $650,000 in each fiscal year shall be used to   16,065       

continue Ohio leadership academies to develop and train            16,066       

superintendents, principals, other administrators, and school      16,067       

board members in new leadership and management practices to        16,068       

support high performance schools.  This training shall be                       

coordinated with other locally administered leadership programs.   16,069       

      Of the foregoing appropriation item 200-410, Professional    16,071       

Development, up to $850,000 in each fiscal year shall be used to   16,072       

support a two-year Principal's Leadership Academy that will serve  16,073       

principals and their staff teams.  An advisory panel comprised of  16,074       

national business and education experts shall advise the Ohio      16,075       

Department of Education on content and delivery of curriculum and  16,076       

instruction.                                                                    

      Of the foregoing appropriation item 200-410, Professional    16,078       

Development, up to $975,000 in each fiscal year shall be used to   16,079       

establish an entry year program for principals. Grants shall be    16,080       

issued to pilot sites that shall develop prototypes of the         16,081       

program in a variety of contexts.  These sites shall also pilot    16,082       

the School Leaders Licensure Assessment, which was developed by                 

the Educational Testing Service at a cost of $450 per assessment.  16,083       

      Of the foregoing appropriation item 200-410, Professional    16,085       

Development, up to $500,000 in each fiscal year shall be used by   16,086       

the Rural Appalachian Initiative to create professional            16,087       

development academies for teachers, principals, and                             

superintendents in the Appalachian region.  No funding shall be    16,088       

released prior to the Department of Education receiving a          16,089       

satisfactory report of the activities conducted by these           16,090       

professional development academies during the previous year.       16,091       

      Section 4.05.  Family and Children First                     16,093       

                                                          339    


                                                                 
      (A)  Of the foregoing appropriation item 200-411, Family     16,095       

and Children First, the Department of Education shall transfer up  16,096       

to $3,677,188 in each fiscal year by intrastate transfer voucher   16,098       

to the Department of Mental Retardation and Developmental          16,099       

Disabilities.  These funds shall be spent on direct grants to      16,100       

county family and children first councils created under section    16,103       

121.37 of the Revised Code.  The funds shall be used as partial    16,104       

support payment and reimbursement for the maintenance and          16,105       

treatment costs of multi-need children that come to the attention  16,106       

of the Family and Children First Cabinet Council pursuant to       16,107       

section 121.37 of the Revised Code.  The Department of Mental      16,108       

Retardation and Developmental Disabilities shall administer the    16,109       

distribution of the direct grants to the county councils.  The     16,111       

Department of Mental Retardation and Developmental Disabilities    16,113       

may use up to five per cent of this amount for administrative      16,114       

expenses associated with the distribution of funds to the county   16,115       

councils.                                                                       

      (B)  Of the funds appropriated in this item, up to           16,117       

$1,775,000 in each fiscal year shall be used as administrative     16,118       

grants to county family and children first councils to provide a   16,120       

portion of the salary and fringe benefits necessary to fund        16,121       

county council coordinators, administrative support, training, or  16,123       

parental involvement.  The total initial grant under this          16,124       

provision to any county family and children first council shall    16,125       

not exceed $20,000.  In the event that not all counties in the     16,127       

state have established a county council, at the beginning of the   16,128       

fourth quarter of a fiscal year, any remaining funds to be used                 

as administrative grants may be redirected by the Family and       16,129       

Children First Cabinet Council to other priorities and             16,130       

activities.  Of the funds appropriated in this item, up to         16,132       

$15,000 shall be used by the Family and Children First Cabinet     16,133       

Council for administrative costs, including stipends to family     16,134       

representatives participating in approved activities of the        16,135       

initiative, educational and informational forums, and technical    16,136       

                                                          340    


                                                                 
assistance to local family and children first councils.            16,137       

      (C)  Of the foregoing appropriation item 200-411, Family     16,139       

and Children First, up to $5,190,000 in each fiscal year shall be  16,141       

used to fund school-based or school-linked school readiness        16,142       

resource centers in school districts where there is a              16,143       

concentration of risk factors to school readiness and success,     16,144       

including indicators of poverty, health, and family stability.     16,145       

The purpose of these centers is to assist in providing services    16,146       

to families of school-age children who want and need support.      16,147       

      School readiness resource centers shall be located in each   16,149       

of the state's 21 urban school districts as defined in division    16,150       

(O) of section 3317.02 of the Revised Code, as that section        16,152       

existed prior to July 1, 1998.  The Ohio Family and Children       16,154       

First Cabinet Council, in consultation with the Department of      16,155       

Education and school districts, shall identify individual schools  16,156       

based on quantitative and qualitative factors that reflect both    16,157       

the need for school readiness resource centers and the local       16,158       

capacity for redesigning, as necessary, a delivery system of       16,159       

family support services.  The council and the Department of        16,160       

Education shall organize and provide technical assistance to the   16,161       

school districts and communities in planning, developing, and      16,162       

implementing the centers.  The council shall also negotiate a                   

performance agreement that details required program                16,163       

characteristics, service options, and expected results.            16,164       

      Each urban school district and community may receive up to   16,166       

$240,000 to maintain three school readiness resource centers that  16,167       

are located in or linked to elementary, middle, and high school    16,168       

sites that are connected by student assignment patterns within     16,169       

the school districts.  Each school district shall work with a      16,170       

representative of the local family and children first council and  16,172       

a representative cross-section of families and community leaders   16,173       

in the district to operate the school readiness resource centers   16,174       

based upon conditions agreed to in the performance agreement       16,175       

negotiated with the state council.                                 16,176       

                                                          341    


                                                                 
      Up to $50,000 in each fiscal year may be used by the Ohio    16,178       

Family and Children First Cabinet Council for an evaluation of     16,179       

the effectiveness of the school readiness resource centers.  Up    16,180       

to $100,000 in each fiscal year may be used by the cabinet         16,181       

council to approve technical assistance and oversee the            16,182       

implementation of the centers.  The administration and management  16,183       

of the school readiness resource centers may be contracted out     16,184       

through a competitive bidding process established by the cabinet   16,185       

council in consultation with the Department of Education.          16,186       

      Section 4.06.  Vocational Education Match                    16,188       

      The foregoing appropriation item 200-416, Vocational         16,190       

Education Match, shall be used by the Department of Education to   16,191       

provide vocational administration matching funds pursuant to 20    16,192       

U.S.C. 2311.                                                       16,193       

      Technical Systems Development                                16,195       

      The foregoing appropriation item 200-420, Technical Systems  16,197       

Development, shall be used to support several information system   16,198       

development projects that are designed to improve the performance  16,199       

and customer service of the Ohio Department of Education.          16,200       

Implementation of these systems shall allow the department to      16,201       

provide greater levels of assistance and more timely information   16,202       

to school districts, administrators, and legislators.              16,203       

      Up to $2,500,000 in fiscal year 2000 shall be used for       16,205       

development and testing of the school administration software of   16,206       

EMIS. Up to $250,000 in fiscal year 2000 shall be used for the     16,207       

construction plans of the EMIS redesign.                           16,208       

      In fiscal year 2000, up to $300,000 may be used for the      16,210       

Department's maintenance contract for database management          16,211       

software; up to $100,000 shall be used for Phase I of the          16,212       

Department's data warehouse software purchase and maintenance      16,213       

fees; and up to $300,000 shall be used for Phase II of the data    16,214       

warehouse project.                                                 16,215       

      In fiscal year 2001, up to $1,800,000 shall be used for      16,217       

EMIS conversion, including district support and technical          16,218       

                                                          342    


                                                                 
assistance; up to $350,000 may be used for the Department's        16,219       

annual maintenance contract for database management software; and  16,220       

up to $200,000 shall be used to support the data warehouse         16,221       

project.                                                                        

      School Management Assistance                                 16,223       

      The foregoing appropriation item 200-422, School Management  16,225       

Assistance, shall be used by the Department of Education to        16,226       

provide fiscal technical assistance and inservice education for    16,227       

school district management personnel and to administer, monitor,   16,229       

and implement the fiscal watch and fiscal emergency provisions     16,230       

under Chapter 3316. of the Revised Code.                                        

      Policy Analysis                                              16,232       

      The foregoing appropriation item 200-424, Policy Analysis,   16,234       

shall be used by the Department of Education to develop software   16,236       

and other computer assistance to maintain and enhance a system of  16,237       

administrative, statistical, and legislative education                          

information to be used for policy analysis.  The data base shall   16,238       

be kept current at all times.  Such a system will be used to       16,239       

supply information and analysis of data to the General Assembly    16,240       

and other state policy makers, including the Office of Budget and  16,241       

Management and the Legislative Budget Office of the Legislative    16,242       

Service Commission.                                                16,243       

      The Department of Education may use funding from this line   16,245       

item to purchase or contract for the development of software       16,246       

systems or contract for policy studies that will assist in the     16,248       

provision and analysis of policy-related information.                           

      Ohio Educational Computer Network                            16,250       

      The foregoing appropriation item 200-426, Ohio Educational   16,252       

Computer Network, shall be used by the Department of Education to  16,253       

maintain a system of information technology throughout Ohio and    16,254       

to provide technical assistance for such a system in support of    16,255       

the State Education Technology Plan pursuant to section 3301.07    16,256       

of the Revised Code.                                               16,257       

      Of the foregoing appropriation item 200-426, Ohio            16,259       

                                                          343    


                                                                 
Educational Computer Network, up to $10,460,000 in fiscal year     16,260       

2000 and $11,510,000 in fiscal year 2001 shall be used to support  16,261       

the development, maintenance, and operation of a network of        16,262       

uniform and compatible computer-based information and              16,263       

instructional systems.  The technical assistance shall include,    16,264       

but not be restricted to, the development and maintenance of       16,265       

adequate computer software systems to support network activities.  16,266       

Program funds may be used, through a formula and guidelines        16,267       

devised by the department, to subsidize the activities of not      16,268       

more than twenty-four designated data acquisition sites, as        16,269       

defined by State Board of Education rules, to provide to school    16,270       

districts and chartered nonpublic schools computer-based student   16,271       

and teacher instructional and administrative information           16,272       

services, including approved computerized financial accounting,    16,273       

to assure the effective operation of local automated               16,275       

administrative and instructional systems.                                       

      In order to broaden the scope of the use of technology for   16,277       

education, the department may use up to $250,000 in each fiscal    16,278       

year to coordinate the activities of the computer network with     16,280       

other agencies funded by the department or the state.  In order    16,281       

to improve the efficiency of network activities, the department    16,282       

and data acquisition sites may jointly purchase equipment,         16,283       

materials, and services from funds provided under this             16,284       

appropriation for use by the network and, when considered          16,285       

practical by the department, may utilize the services of           16,286       

appropriate state purchasing agencies.                             16,287       

      Of the foregoing appropriation item 200-426, Ohio            16,289       

Educational Computer Network, up to $10,260,000 in fiscal year     16,290       

2000 and $19,000,000 in fiscal year 2001 shall be used by the      16,291       

Department of Education to support connections of all public       16,292       

school buildings to the Ohio Education Computer Network.  In each               

fiscal year the Department of Education shall use these funds to   16,293       

help reimburse data acquisition sites or school districts for the  16,294       

operational costs associated with using the Ohio Education         16,295       

                                                          344    


                                                                 
Computer Network.  The Department of Education shall develop a     16,296       

formula and guidelines for the distribution of these funds to the  16,297       

data acquisition sites or individual school districts.                          

      For fiscal year 2000, the Department of Education shall use  16,299       

up to $1,939,772 to continue to manage and develop the statewide   16,300       

union catalog and InfOhio Network of library resources that will   16,301       

be accessible to all school districts through the Ohio Education   16,302       

Computer Network up to $1,994,086 in fiscal year 2001 shall be     16,303       

used for the Union Catalog and InfOhio Network.                                 

      The Department of Education shall use up to $2,430,000 in    16,306       

fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to       16,307       

assist designated data acquisition sites with operational costs    16,308       

associated with the increased use of the Ohio Education Computer   16,310       

Network by chartered nonpublic schools.  The Department of         16,311       

Education shall develop a formula and guidelines for distribution  16,313       

of these funds to designated data acquisition sites.                            

      Section 4.07.  School Improvement Models                     16,315       

      The foregoing appropriation item 200-431, School             16,317       

Improvement Models, shall be used by the Department of Education   16,318       

to continue to support the creation of a statewide network of      16,319       

school improvement sites by providing competitive venture capital  16,320       

grants to schools that demonstrate the capacity to invent or       16,321       

adapt school improvement models.  The department shall showcase    16,322       

projects of exceptional merit and shall promote the networking of               

venture schools with both venture and nonventure schools so that   16,323       

administrators and teachers outside the district can benefit from  16,325       

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        16,326       

schools and up to $6,225,000 in fiscal year 2001 shall be used to  16,327       

provide grants of $25,000 to 249 schools.                          16,328       

      The Superintendent of Public Instruction shall assess        16,331       

individual school district responses to the performance audits                  

conducted by the Auditor of State as required by Am. Sub. H.B.     16,332       

215 of the 122nd General Assembly.  These assessments shall be     16,334       

                                                          345    


                                                                 
compiled into a report to the Speaker of the House of              16,335       

Representatives, the President of the Senate, and the chairs and                

ranking minority members of the House and Senate committees on     16,336       

education and finance.                                             16,337       

      Of the foregoing appropriation item 200-431, School          16,339       

Improvement Models, $5,000,000 shall be used in each fiscal year   16,341       

for the development and distribution of school report cards                     

pursuant to section 3302.03 of the Revised Code and the            16,342       

development of core competencies for the proficiency tests.        16,343       

      Of the foregoing appropriation item 200-431, School          16,345       

Improvement Models, $250,000 in each fiscal year shall be used     16,346       

for the development and operation of a Safe Schools Center.  The   16,347       

Department of Education shall oversee the creation of a center to  16,348       

serve as a coordinating entity to assist school district           16,349       

personnel, parents, juvenile justice representatives, and law      16,350       

enforcement in identifying effective strategies and services for   16,351       

improving school safety and reducing threats to the security of    16,352       

students and school personnel.                                                  

      Of the foregoing appropriation item 200-431, School          16,354       

Improvement Models, up to $1,800,000 in each fiscal year shall be  16,355       

used for a safe-school help line program for students, parents,    16,356       

and the community to report threats to the safety of students or   16,357       

school personnel.  The Department of Education shall distribute    16,358       

funds, in accordance with criteria established by it, to school                 

districts whose superintendents indicate the program will be a     16,359       

meaningful aid to school security.                                 16,360       

      Of the foregoing appropriation item 200-431, School          16,362       

Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000  16,363       

in fiscal year 2001 shall be used to provide technical assistance  16,364       

to school districts that are declared to be in a state of          16,365       

academic watch or academic emergency under section 3302.03 of the  16,366       

Revised Code to develop their continuous improvement plans as                   

required in section 3302.04 of the Revised Code.                   16,367       

      Of the foregoing appropriation item 200-431, School          16,369       

                                                          346    


                                                                 
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000  16,370       

in fiscal year 2001 shall be used for professional development in  16,371       

literacy for classroom teachers, administrators, and literacy      16,372       

specialists.                                                                    

      School Conflict Management                                   16,374       

      Of the foregoing appropriation item 200-432, School          16,376       

Conflict Management, amounts shall be used by the Department of    16,377       

Education for the purpose of providing dispute resolution and      16,378       

conflict management training, consultation, and materials for      16,379       

school districts, and for the purpose of providing competitive     16,380       

school conflict management grants to school districts.             16,381       

      The Department of Education shall assist the Commission on   16,383       

Dispute Resolution and Conflict Management in the development and  16,384       

dissemination of the school conflict management program.           16,386       

      Student Proficiency                                          16,388       

      The foregoing appropriation item 200-437, Student            16,390       

Proficiency, shall be used to develop, field test, print,          16,391       

distribute, score, and report results from the tests required      16,392       

under sections 3301.0710 and 3301.0711 of the Revised Code and     16,394       

for similar purposes as required by section 3301.27 of the         16,395       

Revised Code.                                                                   

      American Sign Language                                       16,397       

      Of the foregoing appropriation item 200-441, American Sign   16,399       

Language, up to $150,000 in each fiscal year shall be used to      16,401       

implement pilot projects for the integration of American Sign      16,402       

Language deaf language into the kindergarten through               16,403       

twelfth-grade curriculum.                                                       

      The remainder of the appropriation shall be used by the      16,405       

Department of Education to provide supervision and consultation    16,406       

to school districts in dealing with parents of handicapped         16,407       

children who are deaf or hard of hearing, in integrating American  16,408       

Sign Language as a foreign language, and in obtaining              16,409       

interpreters and improving their skills.                           16,410       

      Child Care Licensing                                         16,412       

                                                          347    


                                                                 
      The foregoing appropriation item 200-442, Child Care         16,414       

Licensing, shall be used by the Department of Education to         16,415       

license and to inspect preschool and school-age child care         16,416       

programs in accordance with sections 3301.52 to 3301.59 of the     16,417       

Revised Code.                                                                   

      OhioReads Admin/Volunteer Support                            16,419       

      The foregoing appropriation item 200-445, OhioReads          16,421       

Admin/Volunteer Support, may be allocated by the OhioReads         16,422       

Council for volunteer coordinators in public school buildings, to  16,423       

educational service centers for costs associated with volunteer    16,424       

coordination, for background checks for volunteers, to evaluate                 

the OhioReads Program, and for operating expenses associated with  16,425       

administering the program.                                         16,427       

      Section 4.08.  Education Management Information System       16,429       

      The foregoing appropriation item 200-446, Education          16,431       

Management Information System, shall be used to provide school     16,432       

districts with the means to implement local automated information  16,433       

systems, to implement the common student information management    16,434       

software developed by the Department of Education, and to          16,435       

implement, develop, and improve the Education Management           16,436       

Information System (EMIS).                                         16,437       

      Up to $1,000,000 in each fiscal year shall be used by the    16,440       

Department of Education to assist designated data acquisition      16,441       

sites or school districts with deployment of the common student                 

information management software, and for hardware, personnel,      16,443       

equipment, staff development, software, and forms modification,    16,444       

as well as to support EMIS special report activities in the        16,445       

department that are designed to use the data collected by the      16,446       

system.                                                                         

      Up to $2,714,234 in fiscal year 2000 and $2,782,090 in       16,448       

fiscal year 2001 shall be distributed to designated data           16,449       

acquisition sites for costs relating to the processing, storing,   16,450       

and transfer of data for the effective operation of the EMIS.      16,452       

These costs may include, but are not limited to, personnel,        16,453       

                                                          348    


                                                                 
hardware, software development, communications connectivity,       16,454       

professional development and support services, and to provide      16,455       

services to participate in the State Education Technology Plan     16,456       

pursuant to section 3301.07 of the Revised Code.                                

      Up to $6,023,718 in fiscal year 2000 and $6,174,310 in       16,458       

fiscal year 2001 shall be distributed to school districts and      16,459       

joint vocational school districts on a per-pupil basis.  From      16,460       

this money, each school district with enrollment greater than 100  16,461       

students and each vocational school district shall receive a       16,462       

minimum of $5,000 for each year of the biennium.  Each school      16,463       

district with enrollment between one and one hundred and each      16,464       

county office of education shall receive $3,000 for each year of   16,465       

the biennium.  This money shall be used for costs associated with  16,466       

the development and operation of local automated record based      16,467       

information systems that provide data as required by the           16,468       

education management information system, and facilitate local      16,469       

district, school, and classroom management activities.             16,470       

      GED Testing/Adult High School                                16,472       

      The foregoing appropriation item 200-447, GED Testing/Adult  16,474       

High School, shall be used to provide General Educational          16,475       

Development (GED) testing at no cost to first time applicants,     16,476       

pursuant to rules adopted by the State Board of Education.  The    16,477       

Department of Education shall reimburse school districts and       16,478       

community schools, created in accordance with Chapter 3314. of     16,479       

the Revised Code for a portion of the costs incurred in providing  16,480       

summer instructional or intervention services to students who      16,481       

have not graduated due to their inability to pass one or more      16,482       

parts of the state's ninth grade proficiency test.  School         16,483       

districts shall also provide such services to students who are                  

residents of the district pursuant to section 3313.64 of the       16,484       

Revised Code, but who are enrolled in chartered, nonpublic         16,485       

schools.  The services shall be provided in the public school, in  16,486       

nonpublic schools, in public centers, or in mobile units located   16,487       

on or off of the nonpublic school premises.  No school district    16,488       

                                                          349    


                                                                 
shall provide summer instructional or intervention services to                  

nonpublic school students as authorized by this section unless     16,489       

such services are available to students attending the public       16,490       

schools within the district.  No school district shall provide     16,491       

services for use in religious courses, devotional exercises,       16,492       

religious training, or any other religious activity.  Chartered,   16,493       

nonpublic schools shall pay for any unreimbursed costs incurred                 

by the school districts for providing summer costs incurred by     16,494       

the school districts for providing summer instruction or           16,495       

intervention services to students enrolled in chartered,           16,496       

nonpublic schools.  School districts may provide these services    16,497       

to students directly or contract with post-secondary or nonprofit  16,498       

community-based institutions in providing instruction.  The        16,499       

appropriation shall also be used for state reimbursement to        16,500       

school districts for adult high school continuing education        16,501       

programs pursuant to section 3313.531 of the Revised Code or for   16,502       

costs associated with awarding adult high school diplomas under    16,503       

section 3313.611 of the Revised Code.                                           

      Community Schools                                            16,505       

      Of the foregoing appropriation item 200-455, Community       16,507       

Schools, up to $100,000 in each fiscal year may be used by the     16,508       

Lucas County Educational Service Center to pay for additional      16,509       

services provided to community schools, subject to the reporting   16,510       

by the service center of actual expenses incurred to the           16,511       

Department of Education.  In each fiscal year, up to $400,000 may  16,512       

be used by the Office of School Options in the Department of       16,513       

Education for additional services and responsibilities under       16,514       

section 3314.11 of the Revised Code.                               16,515       

      The remaining appropriation may be used by the Department    16,517       

of Education and the Lucas County Educational Service Center to    16,518       

make grants of up to $50,000 to each proposing group with a        16,519       

preliminary agreement obtained under division (C)(2) of section    16,520       

3314.02 of the Revised Code in order to defray planning and        16,523       

initial start-up costs.  In the first year of operation of a                    

                                                          350    


                                                                 
community school, the Department of Education and the Lucas        16,524       

County Educational Service Center may make a grant of no more      16,525       

than $100,000 to the governing authority of the school to          16,526       

partially defray additional start-up costs.  The amount of the     16,527       

grant shall be based on a thorough examination of the needs of     16,528       

the community school.  The Department of Education and the Lucas   16,529       

County Educational Service Center shall not utilize moneys         16,530       

received under this section for any other purpose other than       16,531       

those specified under this section.  The department shall          16,532       

allocate an amount to the Lucas County Educational Service Center  16,533       

for grants to schools in the Lucas County area under this          16,534       

paragraph.                                                                      

      A community school awarded start-up grants from              16,536       

appropriation item 200-613, Public Charter Schools (Fund 3T4),     16,537       

shall not be eligible for grants under this section.               16,538       

      Section 4.09.  School Finance Equity                         16,540       

      The foregoing appropriation item 200-500, School Finance     16,542       

Equity, shall be distributed to school districts based on the      16,543       

formula specified in section 3317.0213 of the Revised Code.        16,544       

      Section 4.10.   Base Cost Funding                            16,546       

      Of the foregoing appropriation item 200-501, Base Cost       16,548       

Funding, up to $3,000,000 in fiscal year 2000 shall be expended    16,550       

by the State Board of Education for the extended service           16,551       

allowance which shall be the teachers' salaries pursuant to the    16,552       

schedule contained in section 3317.13 of the Revised Code, plus    16,553       

fifteen per cent for retirement and sick leave; up to $425,000     16,555       

shall be expended in each year of the biennium for court payments  16,556       

pursuant to section 2151.357 of the Revised Code; an amount shall  16,557       

be available each year of the biennium for the cost of the         16,558       

reappraisal guarantee pursuant to section 3317.04 of the Revised   16,559       

Code; an amount shall be available in each year of the biennium    16,560       

to fund up to 225 full-time equivalent approved GRADS teacher      16,561       

grants pursuant to division (R) of section 3317.024 of the         16,562       

Revised Code; an amount shall be available in each year of the     16,563       

                                                          351    


                                                                 
biennium to make payments to school districts pursuant to          16,564       

division (A)(2) of section 3317.022 of the Revised Code; up to     16,565       

$15,000,000 in each year of the biennium shall be reserved for     16,566       

payments pursuant to sections 3317.026, 3317.027, and 3317.028 of  16,567       

the Revised Code except that the Controlling Board may increase    16,568       

the $15,000,000 amount if presented with such a request from the   16,569       

Department of Education.  Of the foregoing appropriation item      16,570       

200-501, Base Cost Funding, up to $14,000,000 shall be used in     16,571       

each fiscal year to provide additional state aid to school         16,572       

districts for students in category three special education ADM     16,573       

pursuant to division (C)(4) of section 3317.022 of the Revised     16,574       

Code; up to $2,000,000 in each year of the biennium shall be       16,575       

reserved for Youth Services tuition payments pursuant to section   16,576       

3317.024 of the Revised Code; up to $50,000,000 in fiscal year     16,577       

2000 and up to $52,000,000 in fiscal year 2001 shall be reserved   16,579       

to fund the state reimbursement of educational service centers                  

pursuant to section 3317.11 of the Revised Code.                   16,580       

      Of the foregoing appropriation item 200-501, Base Cost       16,582       

Funding, up to $1,000,000 in each fiscal year shall be used by     16,584       

the Department of Education for a pilot program to pay for         16,585       

educational services for youth who have been assigned by a                      

juvenile court or other authorized agency to any of the            16,586       

facilities described in division (A) of the section titled         16,587       

"Private Treatment Facility Pilot Project."                        16,588       

      The remaining portion of this appropriation item shall be    16,590       

expended for the public schools of city, local, exempted village,  16,593       

and joint vocational school districts, including base cost         16,594       

funding, special education weight funding, special education       16,595       

speech service enhancement funding, vocational education weight    16,596       

funding, vocational education associated service funding,          16,597       

guarantee funding, and teacher training and experience funding     16,598       

pursuant to sections 3317.022, 3317.023, 3317.0212, and 3317.16    16,599       

of the Revised Code.                                               16,600       

      Notwithstanding section 3301.17, division (I) of section     16,602       

                                                          352    


                                                                 
3317.024, and division (B)(3) of section 3317.19 of the Revised    16,603       

Code, the Department of Education shall not pay in fiscal years    16,604       

2000 and 2001 the driver education subsidy to school districts     16,605       

and commercial driver training schools.                                         

      Section 4.11.  Pupil Transportation                          16,607       

      Of the foregoing appropriation item 200-502, Pupil           16,609       

Transportation, up to $755,000 may be used by the Department of    16,610       

Education each year for training prospective and experienced       16,611       

school bus drivers in accordance with training programs            16,612       

prescribed by the department; an amount shall be available in      16,613       

each year of the biennium to be used for special education         16,614       

transportation reimbursements.  The reimbursement rate in each     16,615       

year shall be based on the rate defined in division (D) of         16,616       

section 3317.022 of the Revised Code; up to $800,000 in fiscal     16,617       

year 2000 shall be used by the Department of Education to pay                   

driver education vouchers issued prior to June 8, 1999; and the    16,619       

remainder shall be used for the state reimbursement of public      16,620       

school districts' costs in transporting pupils to and from the     16,621       

school to which they attend in accordance with the district's                   

policy, State Board of Education standards, and the Revised Code.  16,622       

      Bus Purchase Allowance                                       16,624       

      The foregoing appropriation item 200-503, Bus Purchase       16,626       

Allowance, shall be distributed to school districts and            16,627       

educational service centers pursuant to rules adopted under        16,629       

section 3317.07 of the Revised Code.  Up to 25 per cent of the     16,630       

amount appropriated may be used to reimburse school districts and  16,631       

educational service centers for the purchase of buses to                        

transport handicapped and nonpublic school students.               16,633       

      School Lunch                                                 16,635       

      The foregoing appropriation item 200-505, School Lunch       16,637       

Match, shall be used to provide matching funds to obtain federal   16,638       

funds for the school lunch program.                                16,639       

      Section 4.12.  Adult Literacy Education                      16,641       

      The foregoing appropriation item 200-509, Adult Literacy     16,643       

                                                          353    


                                                                 
Education, shall be used to support adult basic and literacy       16,644       

education instructional programs, and the State Literacy Resource  16,645       

Center Program.                                                    16,646       

      Of the foregoing appropriation item 200-509, Adult Literacy  16,649       

Education, up to $520,000 in fiscal year 2000 and $532,500 in      16,650       

fiscal year 2001 shall be used for the support and operation of    16,652       

the State Literacy Resource Center.                                             

      The remainder shall be used to continue to satisfy the       16,654       

state match and maintenance of effort requirements for the         16,655       

support and operation of the Ohio Department of Education          16,657       

administered instructional grant program for Adult Basic and       16,658       

Literacy Education in accordance with the department's state plan  16,659       

for Adult Basic and Literacy Education as approved by the State    16,660       

Board of Education and the Secretary of the United States          16,661       

Department of Education.                                                        

      Auxiliary Services                                           16,663       

      The foregoing appropriation item 200-511, Auxiliary          16,665       

Services, shall be used by the State Board of Education for the    16,666       

purpose of implementing section 3317.06 of the Revised Code.  Of   16,667       

the appropriation, up to $1,000,000 in each fiscal year of the     16,668       

biennium may be used for payment of the Post-Secondary Enrollment  16,669       

Options Program for nonpublic students pursuant to section         16,670       

3365.10 of the Revised Code.                                       16,671       

      Summer Intervention                                          16,673       

      Of the foregoing appropriation item 200-513, Summer          16,675       

Intervention, up to $15,500,000 in each fiscal year shall be used  16,676       

to assist districts providing the intervention services specified  16,677       

in section 3313.608 of the Revised Code.  These moneys shall be    16,680       

used to provide equalized reimbursement payments using the state   16,681       

aid ratio to school districts providing summer intervention        16,682       

services satisfying criteria defined in division (E) of section                 

3313.608 of the Revised Code.  The Department of Education shall   16,684       

establish guidelines for the use and distribution of these                      

moneys.                                                                         

                                                          354    


                                                                 
      Post-Secondary/Adult Vocational Education                    16,686       

      The foregoing appropriation item 200-514,                    16,688       

Post-Secondary/Adult Vocational Education, shall be used by the    16,689       

State Board of Education to provide post-secondary/adult           16,690       

vocational education pursuant to sections 3313.52 and 3313.53 of   16,691       

the Revised Code.                                                  16,692       

      Of the foregoing appropriation item 200-514,                 16,694       

Post-Secondary/Adult Vocational Education, up to $500,000 in each  16,696       

fiscal year shall be allocated for the Ohio Career Information     16,697       

System (OCIS) and used for the dissemination of career             16,698       

information data to public schools, libraries, rehabilitation      16,699       

centers, two- and four-year colleges and universities, and other   16,700       

governmental units.                                                16,701       

      Of the foregoing appropriation item 200-514,                 16,703       

Post-Secondary/Adult Vocational Education, up to $30,000 in each   16,704       

fiscal year shall be used for the statewide coordination of the    16,705       

activities of the Ohio Young Farmers.                                           

      The Governor's Workforce Development Board shall examine     16,707       

the sites statewide participating in the Orientation to            16,708       

Nontraditional Occupations for Women Program and consider making   16,709       

recommendations for funding the program under the proposed         16,710       

Department of Job and Family Services.  In the event that the      16,711       

Department of Job and Family Services is not created through the   16,712       

merger of the Department of Human Services and Bureau of           16,713       

Employment Services in fiscal year 2001, the Workforce                          

Development Board shall make any recommendations for funding the   16,714       

program to the individual agencies.                                16,715       

      Disadvantaged Pupil Impact Aid                               16,717       

      The foregoing appropriation item 200-520, Disadvantaged      16,719       

Pupil Impact Aid, shall be distributed to school districts         16,720       

according to the provisions of section 3317.029 of the Revised     16,722       

Code.  However, no money shall be distributed for all-day          16,724       

kindergarten to any school district whose three-year average       16,725       

formula ADM exceeds 17,500 but whose DPIA index is not at least    16,726       

                                                          355    


                                                                 
equal to 1.00, unless the Department of Education certifies that   16,727       

sufficient funds exist in this appropriation to make all other     16,729       

payments required by section 3317.029 of the Revised Code.         16,730       

      The Department of Education shall pay all-day, everyday      16,732       

kindergarten funding to all school districts in fiscal year 2000   16,733       

and fiscal year 2001 that qualified for and provided the service   16,734       

in a preceding fiscal year pursuant to section 3317.029 of the     16,736       

Revised Code, regardless of changes to such districts' DPIA                     

indexes in fiscal year 2000 and fiscal year 2001.                  16,737       

      The Department of Education shall pay to community schools   16,740       

an amount for all-day kindergarten if the school district in                    

which the student is entitled to attend school is eligible but     16,741       

does not receive a payment for all-day kindergarten, pursuant to   16,742       

division (B) of section 3314.13 of the Revised Code, and the       16,743       

student is reported by the community school as enrolled in         16,744       

all-day kindergarten at the community school.                      16,745       

      Of the foregoing appropriation item 200-520, Disadvantaged   16,747       

Pupil Impact Aid, up to $3,000,000 in each year of the biennium    16,748       

shall be used for school breakfast programs.  Of the $3,000,000,   16,749       

up to $500,000 shall be used each year by the Department of        16,751       

Education to provide start-up grants to rural school districts     16,752       

and to school districts with less than 1,500 ADM that start        16,753       

school breakfast programs.  The remainder of the $3,000,000 shall  16,754       

be used to:  (1) partially reimburse school buildings within       16,755       

school districts that are required to have a school breakfast      16,756       

program pursuant to section 3313.813 of the Revised Code, at a     16,757       

rate decided upon by the department, for each breakfast served to               

any pupil enrolled in the district; (2) partially reimburse        16,758       

districts participating in the National School Lunch Program that  16,759       

have at least 20 per cent of students who are eligible for free    16,760       

and reduced meals according to federal standards, at a rate        16,761       

decided upon by the department; and (3) to partially reimburse                  

districts participating in the National School Lunch Program for   16,762       

breakfast served to children eligible for free and reduced meals   16,763       

                                                          356    


                                                                 
enrolled in the district, at a rate decided upon by the            16,764       

department.                                                                     

      Of the portion of the funds distributed to the Cleveland     16,766       

City School District under section 3317.029 of the Revised Code    16,767       

calculated under division (F)(2) of that section, up to            16,768       

$9,617,250 in fiscal year 2000 and up to $10,983,750 in fiscal     16,769       

year 2001 shall be used to operate the pilot school choice         16,771       

program in the Cleveland City School District pursuant to                       

sections 3313.974 to 3313.979 of the Revised Code.                 16,772       

      Of the foregoing appropriation item 200-520, Disadvantaged   16,774       

Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in   16,775       

fiscal year 2001 shall be used to support dropout recovery         16,776       

programs administered by the Department of Education, Jobs for     16,777       

Ohio's Graduates program.                                          16,778       

      There is hereby created the Alternative Education Advisory   16,780       

Council which shall consist of one representative from each of     16,781       

the following agencies:  The Ohio Department of Education, the     16,782       

Department of Youth Services, the Ohio Department of Alcohol and   16,783       

Drug Addiction Services, the Department of Mental Health, the                   

Office of the Governor or at the Governor's discretion the Office  16,785       

of the Lieutenant Governor, and the Office of the Attorney         16,786       

General.  The Alternative Education Advisory Council shall cease   16,787       

to exist on June 30, 2001.                                                      

      Of the foregoing appropriation item 200-520, Disadvantaged   16,789       

Pupil Impact Aid, $10,000,000 in each fiscal year shall be used    16,790       

for competitive matching grants to the 21 urban school districts   16,791       

as defined in division (O) of section 3317.02 of the Revised Code  16,793       

as it existed prior to July 1, 1998, and $10,000,000 in each                    

fiscal year shall be used for competitive matching grants to       16,794       

rural and suburban school districts for alternative educational    16,796       

programs for existing and new at-risk and delinquent youth.        16,798       

Programs shall be focused on youth in one or more of the           16,799       

following categories:  those who have been expelled or suspended,  16,800       

those who have dropped out of school or who are at risk of                      

                                                          357    


                                                                 
dropping out of school, those who are habitually truant or         16,802       

disruptive, or those on probation or on parole from a Department                

of Youth Services' facility.                                       16,803       

      The Alternative Education Advisory Council shall develop     16,806       

criteria for the awarding of grants for alternative educational                 

programs.  The criteria the council develops shall give priority   16,807       

to projects that:  demonstrate collaboration among schools,        16,808       

juvenile courts, law enforcement agencies, local government, and   16,809       

other appropriate private and public organizations; include        16,810       

strategies to ensure enforcement of the state's attendance laws;   16,811       

are research-based; and ensure that data necessary for evaluation  16,812       

of the project is collected.  Grants shall be awarded only to                   

programs where the grant would not serve as the program's primary  16,813       

source of funding and no recipient under this program may receive  16,814       

a grant beyond the current biennium.  The grants shall be          16,815       

administered by the Ohio Department of Education.                  16,816       

      The Ohio Department of Education may waive compliance with   16,818       

any minimum education standard established under section 3301.07   16,819       

of the Revised Code for any alternative school that receives a     16,820       

grant under this section if the Alternative Education Advisory     16,821       

Council recommends the waiver on the grounds that the waiver will  16,822       

enable the program to more effectively educate students enrolled   16,823       

in the alternative school.                                                      

      Section 4.13.  Gifted Pupil Program                          16,825       

      The foregoing appropriation item 200-521, Gifted Pupil       16,827       

Program, shall be used for gifted education units not to exceed    16,828       

975 in fiscal year 2000 and 1,000 in fiscal 2001 pursuant to       16,829       

division (P) of section 3317.024 and division (F) of section       16,830       

3317.025 of the Revised Code.                                      16,831       

      Of the foregoing appropriation item 200-521, Gifted Pupil    16,833       

Program, up to $5,000,000 in each fiscal year of the biennium may  16,834       

be used as an additional supplement for identifying gifted         16,835       

students pursuant to Chapter 3324. of the Revised Code.  The       16,836       

Department of Education shall use a wealth-base equalized formula  16,837       

                                                          358    


                                                                 
to distribute these moneys.                                                     

      Of the foregoing appropriation item 200-521, Gifted Pupil    16,839       

Program, the Department of Education may expend up to $1,000,000   16,840       

each year for the Summer Honors Institute for gifted freshmen and  16,842       

sophomore high school students.  Up to $600,000 in each fiscal     16,843       

year shall be used for research and demonstration projects.  Of                 

this amount, $70,000 in each year shall be used for the Ohio       16,844       

Summer School for the Gifted (Martin Essex Program).               16,845       

      Section 4.14.  Educational Excellence and Competency         16,847       

      Of the foregoing appropriation item 200-524, Educational     16,849       

Excellence and Competency, up to $35,000 in each fiscal year       16,850       

shall be reserved for the Ohio Science Olympiad and up to $25,000  16,851       

in each fiscal year shall be reserved for the International        16,853       

Science and Engineering Fair.  Up to $250,000 in each fiscal year  16,855       

shall be reserved for a Math and Science Initiative to enhance     16,857       

math and science education for elementary students in a            16,858       

county-wide collaborative.                                         16,859       

      Of the foregoing appropriation item 200-524, Educational     16,861       

Excellence and Competency, up to $100,000 may be used in fiscal    16,862       

year 2001 by the Girl Scouts of Central Ohio.                      16,863       

      Of the foregoing appropriation item 200-524, Educational     16,865       

Excellence and Competency, up to $100,000 in each fiscal year      16,866       

shall be used for the EQUIP Program.  Up to $50,000 in each        16,867       

fiscal year shall be used for the Cincinnati Central Clinic.  Up   16,868       

to $150,000 in fiscal year 2000 and $125,000 in fiscal year 2001   16,869       

shall be distributed to the Franklin County Educational Council    16,870       

to operate the Magellan Program.  Up to $50,000 in each fiscal     16,871       

year shall be used for the Findlay-Hancock Summer Academic Camp.   16,872       

      Of the foregoing appropriation item 200-524, Educational     16,874       

Excellence and Competency, up to $90,000 in fiscal year 2000 and   16,875       

$80,000 in fiscal year 2001 shall be used for the Cleveland        16,876       

Language Project; up to $20,000 in each fiscal year shall be used  16,877       

for the Cincinnati Language Project; up to $20,000 in fiscal year  16,878       

2000 and $30,000 in fiscal year 2001 shall be used for the         16,879       

                                                          359    


                                                                 
Columbus Language Project; and up to $20,000 in each fiscal year   16,880       

shall be used for the Dayton Language Project;                                  

      Of the foregoing appropriation item 200-524, Educational     16,882       

Excellence and Competency, up to $125,000 in each year of the      16,883       

biennium may be used to support the Aid for College Opportunities  16,884       

Program.                                                           16,885       

      The Department of Education shall distribute $150,000 in     16,887       

fiscal year 2000 and $100,000 in fiscal year 2001 to the           16,888       

Christopher Project.  The department shall distribute $80,000 in   16,889       

fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional   16,891       

District/University Consortium to Validate At-Risk Programs for    16,892       

Rural School Districts.  The Department shall distribute $75,000                

in each fiscal year to the Cincinnati Artworks Project.  In each   16,893       

fiscal year of the biennium, $100,000 shall be used for Ledgemont  16,895       

Education Excellency.  In addition, the department shall                        

distribute $275,000 in each fiscal year to the Summit County       16,896       

Technology Project.                                                16,897       

      Of the foregoing appropriation item 200-524, Educational     16,899       

Excellence and Competency, $48,333 in fiscal year 2000 and         16,900       

$36,667 in fiscal year 2001 shall be distributed to the Ohio       16,901       

Geographical Alliance at such time as matching funds are provided  16,902       

by the National Geographical Society.  These moneys shall be used               

by the Ohio Geographical Alliance to provide geography training    16,903       

to public school teachers.                                         16,904       

      In each fiscal year, $300,000 shall be used for a pilot      16,906       

project for the integration and implementation of distance         16,907       

learning, virtual reality, and computer technology to prepare      16,908       

students for careers in industry.  Of this amount, $65,000 in      16,909       

each fiscal year shall be distributed to the Math, Science and     16,910       

Industrial Technology Institute at Kent State University-Trumbull  16,911       

Campus for purposes of this pilot project and $235,000 in each     16,912       

fiscal year shall be distributed to the Trumbull County            16,913       

Educational Service Center for the Industrial Technology Career    16,914       

Academy pilot project.  In each fiscal year, $140,000 shall be     16,915       

                                                          360    


                                                                 
used for the Crouse School Readiness Program.                      16,916       

      Of the foregoing appropriation item 200-524, Educational     16,919       

Excellence and Competency, $700,000 in each fiscal year shall be                

allocated through the Department of Education to the Ohio Council  16,920       

on Economic Education to provide services for programs developed   16,921       

in section 3317.60 of the Revised Code for students in             16,922       

kindergarten through twelfth grades, for services to the Ohio      16,923       

Consumer and Economic Education Coordinator network, and                        

statewide initiatives.  Funds shall be used for staff              16,924       

development, curriculum assistance, citizenship proficiency test   16,925       

assistance, consumer and economic resources/information,           16,926       

partnerships/collaborations as needed to develop student economic  16,927       

literacy understanding, and workforce development initiatives.     16,928       

      Of the foregoing appropriation item 200-524, Educational     16,930       

Excellence and Competency, $50,000 in each fiscal year shall be    16,931       

used to create a Lake, Ashtabula, and Geauga County Educational    16,932       

Service Supercenter, a cooperative agreement to coordinate and     16,933       

consolidate services.                                                           

      Of the foregoing appropriation item 200-524, Educational     16,935       

Excellence and Competency, $200,000 in each fiscal year shall be   16,936       

provided to the Stark County Schools Teacher Technical Training    16,937       

Center.                                                                         

      Of the foregoing appropriation item 200-524, Educational     16,939       

Excellence and Competency, $150,000 in fiscal year 2000 shall be   16,940       

used to support the Cleveland State University/Strongsville        16,941       

School Technology link.  Of this amount, $47,360 shall be          16,942       

distributed to the Strongsville City School District and $102,640  16,943       

shall be distributed to Cleveland State University.                             

      Of the foreging appropriation item 200-524, Educational      16,945       

Excellence and Competency, $250,000 in each fiscal year shall be   16,946       

used for the Virtual Manufacturing pilot project.                  16,947       

      Of the forgoing appropriation item 200-524, Educational      16,949       

Excellence and Competency, $50,000 in fiscal year 2000 shall be    16,950       

used for the Summit Education Initiative.                          16,951       

                                                          361    


                                                                 
      Of the foregoing appropriation item 200-524, Educational     16,953       

Excellence and Competency, $50,000 in each fiscal year shall be    16,954       

used for the Tree of Knowledge Educational Assessment program.     16,955       

      Of the foregoing appropriation item 200-524, Educational     16,957       

Excellence and Competency, $25,000 in each fiscal year shall be    16,958       

used to support the purchase of the "I Know I Can" book and        16,959       

supporting materials for second grade students in school           16,960       

districts in which at least fifty per cent of elementary school                 

students receive free or reduced lunch.                            16,961       

      The remainder of the appropriation shall be used by the      16,963       

Department of Education to fund programs each year as follows:     16,965       

                                              FY 2000     FY 2001  16,967       

      Earn and Learn                       $  686,667  $  343,333  16,968       

      Trumbull County "Make Learning                               16,969       

        Fun"                               $   75,000  $   75,000  16,970       

      LEAF                                 $   65,000  $   65,000  16,971       

      Coventry                             $   16,667  $    8,333  16,972       

      Columbus Youth Corp                  $  150,000  $  150,000  16,973       

      Neighborhood House Preschool         $   50,000  $   50,000  16,974       

      Montgomery County Summer Math                                16,975       

        program                            $  143,333  $   71,667  16,976       

      Columbus City District's "I Know I                           16,977       

        Can"                               $  645,000  $  645,000  16,978       

      Dayton-Montgomery County Scholarship                         16,979       

        Program                            $  645,000  $  645,000  16,980       

      Cleveland Scholarship                $  500,000  $  500,000  16,981       

      Cleveland School for the Arts        $  500,000  $        0  16,982       

      Cleveland Initiative for Education   $  240,000  $  120,000  16,983       

      Cincinnati Scholarship Foundation    $  645,000  $  645,000  16,984       

      Improved Solutions for Urban Systems                         16,985       

        (ISUS)                             $  100,000  $  100,000  16,986       

      Lorain County Access                 $  150,000  $  150,000  16,987       

      Amer-I-Can                           $  850,000  $  850,000  16,988       

      West Jefferson Learns                $  100,000  $        0  16,989       

                                                          362    


                                                                 
      Madison Plains Learns                $        0  $  100,000  16,990       

      Project Succeed                      $1,000,000  $1,000,000  16,991       

      Toledo Even Start                    $   50,000  $   50,000  16,992       

      Toledo Tech Academy                  $  300,000  $  300,000  16,993       

      Toledo Save Our Students             $   50,000  $   50,000  16,994       

      Toledo International Language                                16,995       

        Center                             $  133,333  $  100,000  16,996       

      Greater Toledo School-To-Work                                16,997       

        Consortium                         $  100,000  $  100,000  16,998       

      Muskingum Valley Services Center     $  100,000  $  100,000  16,999       

      Piqua School SWAT Program            $  100,000  $  100,000  17,000       

      O.U. Leadership                      $   75,000  $   75,000  17,001       

      For the Cleveland Initiative in Education program, the       17,003       

grant shall support its mentoring and advocacy program.            17,004       

      Of the foregoing appropriation item 200-524, Educational     17,006       

Excellence and Competency, $83,000 in fiscal year 2000 and         17,007       

$83,000 in fiscal year 2001 shall be used for the Shaker Heights   17,008       

Educational Mobility program.                                      17,009       

      Of the foregoing appropriation item 200-524, Educational     17,011       

Excellence and Competency, up to $100,000 in fiscal year 2000 and  17,012       

$150,000 in fiscal year 2001 shall be used for grants to Ohio      17,013       

school districts for the JASON Project, a specially designed       17,014       

interactive science and mathematics curriculum for middle school   17,015       

students.  Grants may provide up to 75 per cent of a school                     

district's total cost of participation and may be used to          17,016       

purchase curriculum materials, supplemental videos, and            17,017       

professional development materials.  Grants may also include       17,018       

miscellaneous costs such as technology equipment and service                    

fees.                                                                           

      Of the foregoing appropriation item 200-524, Educational     17,020       

Excellence and Competency, up to $133,333 in fiscal year 2000 and  17,021       

$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois    17,022       

Talented Tenth Teacher Training Academy.  The program will         17,023       

provide a summer honors program to promising minority students     17,024       

                                                          363    


                                                                 
identified by their school districts as potential future                        

teachers.                                                                       

      Of the foregoing appropriation item 200-524, Educational     17,026       

Excellence and Competency, up to $100,000 in each fiscal year      17,027       

shall be used for the Parenting Healthy Children Initiative of     17,028       

the Manuel D. and Rhoda Mayerson Foundation.                       17,029       

      Of the foregoing appropriation item 200-524, Educational     17,031       

Excellence and Competency, up to $100,000 in each fiscal year      17,032       

shall be used by the Department of Education to provide awards to  17,033       

teachers, school buildings, or school districts that promote       17,034       

parental involvement in outstanding ways.  The practices,          17,035       

methods, and lessons learned from the award winners shall be                    

shared with all school districts by the Department of Education.   17,036       

      Of the foregoing appropriation item 200-524, Educational     17,038       

Excellence and Competency, $100,000 in fiscal year 2000 shall be   17,039       

used for the Fireland School District for a project to serve       17,040       

multi-handicapped students in the district, which is also open to  17,041       

other students in Lorain County.                                                

      Of the foregoing appropriation item 200-524, Educational     17,043       

Excellence and Competency, up to $200,000 in each fiscal year      17,044       

shall be used for the Tuscarawas County Innovative Remediation     17,045       

Program to provide grants to school districts within Tuscarawas    17,046       

County.                                                            17,047       

      Of the foregoing appropriation item 200-524, Educational     17,049       

Excellence and Competency, up to $5,000 in each fiscal year shall  17,050       

be used for the Buckeye Ranch Animal Therapy Program.              17,051       

      Each program or entity that receives funds under the         17,053       

foregoing appropriation item 200-524, Educational Excellence and   17,055       

Competency, shall submit annually to the chairpersons of the       17,056       

education committees of the House of Representatives and the       17,057       

Senate and to the Department of Education a report that includes   17,058       

a description of the services supported by the funds, a            17,059       

description of the results achieved by those services, an          17,060       

analysis of the effectiveness of the program, and an opinion as    17,061       

                                                          364    


                                                                 
to the program's applicability to other school districts.  No      17,062       

funds shall be provided by the Department of Education to a        17,063       

district for a fiscal year until its report for the prior fiscal   17,065       

year has been submitted.                                                        

      Of the foregoing appropriation item 200-524, Educational     17,067       

Excellence and Competency, $40,000 in each fiscal year shall be    17,068       

used for the Health Education Center of The Greater Cincinnati     17,069       

Scholarship Fund to provide scholarships to students in Hamilton,  17,070       

Butler, Clermont, and Warren Counties to attend health education   17,071       

programming provided by the center.  Eligibility for scholarships  17,072       

shall be restricted to students currently attending school         17,073       

districts receiving funding under Title I of the Elementary and    17,074       

Secondary Education Act of 1965.                                   17,075       

      Nonpublic Administrative Cost Reimbursement                  17,077       

      The foregoing appropriation item 200-532, Nonpublic          17,079       

Administrative Cost Reimbursement, shall be used by the State      17,080       

Board of Education for the purpose of implementing section         17,081       

3317.063 of the Revised Code.                                      17,082       

      School-Age Child Care                                        17,084       

      Of the foregoing appropriation item 200-533, School-Age      17,086       

Child Care, up to $200,000 in each fiscal year shall be used for   17,087       

the "Training Ohio's Parents for Success" Program.  Up to          17,088       

$500,000 in each fiscal year shall be used for the "Parents as     17,090       

Teachers" Program.                                                              

      Of the foregoing appropriation item 200-533, School-Age      17,092       

Child Care, up to $62,500 in each fiscal year shall be used by     17,093       

the Cincinnati YWCA for its Home Instruction Program for           17,094       

Preschool Youngsters (HIPPY).                                                   

      As used under this heading "school-age child care" means a   17,096       

program of child care conducted outside of regular school hours    17,097       

for school age children.                                           17,098       

      The remainder of the foregoing appropriation item 200-533,   17,100       

School-Age Child Care, shall be used by the Department of          17,101       

Education to provide grants to city, local, and exempted village   17,102       

                                                          365    


                                                                 
school districts and educational service centers for school-age    17,103       

child care programs.  In each fiscal year, the department shall    17,104       

make grants.  All grants shall be awarded by the department on     17,106       

the basis of project proposals submitted by school district        17,107       

boards of education or educational service center governing                     

boards.  The board of education of each district or governing      17,109       

board of each educational service center that receives a grant     17,110       

shall keep a record of how the grant is used, and issue a report   17,111       

at the end of the school year for which the grant was made         17,112       

explaining the goals and objectives determined, the activities     17,113       

implemented, and the progress made toward achieving goals and      17,114       

objectives.                                                                     

      Desegregation Costs                                          17,116       

      The foregoing appropriation item 200-534, Desegregation      17,118       

Costs, shall be used to pay desegregation costs.                   17,119       

      (A)  Notwithstanding any section of law to the contrary, if  17,122       

in each fiscal year, due to federal court order, the Department    17,123       

of Education is obligated to pay for desegregation costs in any    17,124       

school district, the costs shall be paid from the foregoing        17,125       

appropriation item 200-534, Desegregation Costs.                   17,126       

      Of the foregoing appropriation item 200-534, Desegregation   17,128       

Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated  17,129       

balances may be used to cover the legal fees associated with       17,132       

desegregation cases brought against the state.                                  

      By the first day of May of each year, the Department of      17,134       

Education shall determine if the appropriation exceeds the         17,135       

state's obligation for desegregation costs.  Any appropriations    17,136       

in excess of the state's obligation shall be transferred to        17,137       

appropriation item 200-406, Head Start, by the Director of Budget  17,138       

and Management.                                                                 

      (B)  As part of managing state desegregation costs, any      17,140       

board of education of a school district subject to a federal       17,141       

court desegregation order that requires the district board to bus  17,142       

students for the purpose of racial balance shall, within one year  17,143       

                                                          366    


                                                                 
of the effective date of this section:                             17,144       

      (1)  Update its plan required under Am. Sub. H.B. 298 of     17,146       

the 119th General Assembly designed to satisfy the court so as to  17,147       

obtain release from the court's desegregation order; and           17,148       

      (2)  Submit an updated copy of the plan to the State Board   17,150       

of Education.                                                      17,151       

Upon request of the district board, the State Board shall provide  17,154       

technical assistance to the school district board in developing a  17,155       

plan.                                                                           

      Within ninety days of the date on which the plan is          17,157       

submitted to the State Board of Education, the district board, or  17,158       

the district board and the State Board of Education jointly if     17,160       

both are parties to the desegregation case, shall submit the plan  17,162       

to the court and apply for release from the court's desegregation  17,163       

order.                                                                          

      Of the foregoing appropriation item 200-534, Desegregation   17,165       

Costs, Dayton City Schools shall receive at least $9,000,000 in    17,166       

each of fiscal year 2000 and fiscal year 2001.                     17,167       

      Section 4.15.  Special Education Enhancements                17,169       

      Of the foregoing appropriation item 200-540, Special         17,171       

Education Enhancements, up to $44,000,000 in fiscal year 2000 and  17,173       

up to $48,400,000 in fiscal year 2001 shall be used to fund        17,174       

special education and related services at MR/DD boards for         17,175       

eligible students under section 3317.20 of the Revised Code.  Up   17,176       

to $2,500,000 of these amounts shall be used in each fiscal year   17,177       

to fund up to 57 special education classroom and related services  17,178       

units at institutions.                                             17,179       

      Of the foregoing appropriation item 200-540, Special         17,181       

Education Enhancements, up to $3,081,000 in fiscal year 2000 and   17,183       

$3,167,268 in fiscal year 2001 shall be used for home instruction  17,184       

for handicapped children; up to $1,500,000 in each fiscal year     17,186       

shall be used for parent mentoring programs; and up to $2,567,000  17,189       

in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be                   

used for school psychology interns.                                17,190       

                                                          367    


                                                                 
      Of the foregoing appropriation item 200-540, Special         17,192       

Education Enhancements, $2,550,800 in fiscal year 2000 and         17,193       

$3,704,000 in fiscal year 2001 shall be used by the Department of  17,195       

Education to assist school districts in funding aides pursuant to  17,196       

paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the                17,198       

Administrative Code.                                                            

      Of the foregoing appropriation item 200-540, Special         17,200       

Education Enhancements, $72,934,548 in fiscal year 2000 and        17,201       

$78,623,506 in fiscal year 2001 shall be distributed by the        17,203       

Department of Education to county boards of mental retardation     17,204       

and developmental disabilities, educational service centers, and   17,205       

school districts for preschool special education units and         17,206       

preschool supervisory units in accordance with section 3317.161    17,207       

of the Revised Code.  The department may reimburse county boards   17,208       

of mental retardation and developmental disabilities, educational  17,209       

service centers, and school districts for related services as      17,210       

defined in rule 3301-31-05 of the Ohio Administrative Code, for    17,211       

preschool occupational and physical therapy services provided by   17,212       

a physical therapy assistant and certified occupational therapy    17,213       

assistant, and for an instructional assistant.  To the greatest    17,214       

extent possible, the Department of Education shall allocate these  17,215       

units to school districts and educational service centers.  The    17,216       

Controlling Board may approve the transfer of unallocated funds    17,217       

from appropriation item 200-501, Base Cost Funding, to             17,218       

appropriation item 200-540, Special Education Enhancements, to     17,220       

fully fund existing units as necessary or to fully fund            17,221       

additional units.  The Controlling Board may approve the transfer  17,222       

of unallocated funds from appropriation item 200-540, Special      17,224       

Education Enhancements, to appropriation item 200-501, Base Cost   17,225       

Funding, to fully fund existing units, as necessary, or to fully   17,227       

fund additional units.                                                          

      The Department of Education shall require school districts,  17,229       

educational service centers, and county MR/DD boards serving       17,230       

preschool children with disabilities to document child progress    17,231       

                                                          368    


                                                                 
using a common instrument prescribed by the department and report  17,232       

results annually.  The reporting dates and methodology shall be    17,233       

determined by the department.                                      17,234       

      The department shall adopt rules addressing the use of       17,236       

screening and assessment data including, but not limited to:       17,237       

      (1)  Protection of the identity of individual children       17,240       

through assignment of a unique, but not personally identifiable,   17,241       

code;                                                                           

      (2)  Parents' rights; and                                    17,243       

      (3)  Use of the child data by school personnel as it         17,245       

relates to kindergarten entrance.                                  17,246       

      Of the foregoing appropriation item 200-540, Special         17,248       

Education Enhancements, up to $800,000 in each fiscal year shall   17,249       

be allocated to provide grants to research-based reading           17,250       

mentoring programs for students with disabilities in kindergarten  17,251       

through fourth grade.  Priority shall be given to mentoring        17,252       

programs that have been recognized by the Education Commission of  17,253       

the States as promising educational practices for accelerating     17,254       

student achievement, are easily replicated, have strong            17,255       

evaluative components, and goals aligned to the Ohio Proficiency   17,256       

Test.  Programs may be implemented at times deemed most            17,257       

appropriate.  Certified staff shall administer these programs and  17,258       

testing of participants shall be required prior to, during, and    17,259       

after participation in these programs.  The results of such tests  17,260       

shall be reported to the Governor, Superintendent of Public        17,261       

Instruction, and General Assembly.                                 17,262       

      Of the foregoing appropriation item 200-540, Special         17,264       

Education Enhancements, up to $93,000 in fiscal year 2000 and up   17,265       

to $86,000 in fiscal year 2001 shall be used to conduct a          17,266       

collaborative pilot program to provide educational services and    17,267       

develop best educational practices for autistic children.  The     17,268       

pilot program shall include, but not be limited to, the            17,269       

involvement of the Wood County Board of Mental Retardation and     17,270       

Developmental Disabilities, Wood County Educational Services       17,271       

                                                          369    


                                                                 
Center, Children's Resource Center of Wood County, and the Family  17,272       

and Children First Council of Wood County.                         17,273       

      Of the foregoing appropriation item 200-540, Special         17,275       

Education Enhancements, up to $16,000 in fiscal year 2000 may be   17,276       

used by the Broadmore School to fund the Autistic Children         17,277       

Rehabilitation Program.                                                         

      Of the foregoing appropriation item 200-540, Special         17,279       

Education Enhancements, up to $300,000 in each fiscal year shall   17,280       

be expended to conduct a demonstration project involving language  17,281       

and literacy intervention teams supporting student acquisition of  17,282       

language and literacy skills.  The demonstration project shall     17,283       

demonstrate improvement of language and literacy skills of         17,284       

at-risk learners under the instruction of certified speech         17,285       

language pathologists and educators.  Baseline data shall be       17,286       

collected and comparison data for fiscal year 2000 and fiscal      17,287       

year 2001 shall be collected and reported to the Governor,         17,288       

OhioReads Council, Department of Education, and the General        17,289       

Assembly.                                                                       

      Section 4.16.  Vocational Education Enhancements             17,291       

      Of the foregoing appropriation item 200-545, Vocational      17,293       

Education Enhancements, up to $2,500,000 in fiscal year 2000 and   17,294       

$2,616,000 in fiscal year 2001 shall be used to fund up to 51      17,296       

vocational education units at institutions.  Up to $9,500,000 in   17,298       

each fiscal year shall be used to fund the Jobs for Ohio           17,299       

Graduates (JOG) program, up to $2,315,200 in fiscal year 2000 and  17,301       

up to $2,431,012 in fiscal year 2001 may be used to support tech   17,302       

prep consortia.                                                                 

      Of the foregoing appropriation item 200-545, Vocational      17,304       

Education Enhancements, up to $4,270,030 in fiscal year 2000 and   17,305       

up to $4,483,531 in fiscal year 2001 shall be used by the          17,306       

Department of Education to fund competitive grants to tech prep    17,307       

consortia that expand the number of students enrolled in tech      17,308       

prep programs.  Such grant funds shall be used to directly                      

support expanded tech prep programs provided to students enrolled  17,309       

                                                          370    


                                                                 
in school districts, including joint vocational school districts.  17,310       

      If federal funds for vocational education cannot be used     17,313       

for local school district leadership without being matched by      17,314       

state funds, then an amount as determined by the Superintendent    17,315       

of Public Instruction shall be made available from state funds     17,317       

appropriated for vocational education.  If any state funds are     17,318       

used for this purpose, federal funds in an equal amount shall be   17,319       

distributed for vocational education in accordance with                         

authorization of the state plan for vocational education for Ohio  17,320       

as approved by the Secretary of the United States Department of    17,322       

Education.                                                                      

      Of the foregoing appropriation item 200-545, Vocational      17,324       

Education Enhancements, $6,144,277 in fiscal year 2000 and         17,326       

$6,451,490 in fiscal year 2001 shall be used to enable students                 

to develop career plans, to identify initial educational and       17,328       

career goals, and to develop a career passport which provides a    17,329       

clear understanding of the student's knowledge, skills, and        17,330       

credentials to present to future employers, universities, and      17,331       

other training institutes.  The amount shall be allocated to                    

school districts pursuant to guidelines developed by the           17,334       

Department of Education for programs described in section          17,335       

3313.607 of the Revised Code for children in the kindergarten      17,337       

through twelfth grades.  Funds so allocated shall be used for                   

educational materials, services, career information, curriculum    17,338       

development, staff development, mentorships, career exploration,   17,339       

and career assessment instruments as needed to develop             17,340       

individualized career plans and passports.                                      

      Of the foregoing appropriation item 200-545, Vocational      17,342       

Education Enhancements, $5,188,703 in fiscal year 2000 and         17,343       

$5,707,573 in fiscal year 2001 shall be used to provide an amount  17,345       

to each eligible school district for the replacement or updating   17,346       

of equipment essential for the instruction of students in job      17,347       

skills taught as part of a vocational program or programs                       

approved for such instruction by the State Board of Education.     17,349       

                                                          371    


                                                                 
School districts replacing or updating vocational education        17,350       

equipment may purchase or lease such equipment.  The Department    17,351       

of Education shall review and approve all equipment requests and   17,352       

may allot appropriated funds to eligible school districts on the   17,354       

basis of the number of units of vocational education in all        17,355       

eligible districts making application for funds.                   17,356       

      The State Board of Education may adopt standards of need     17,359       

for equipment allocation.  Pursuant to the adoption of any such                 

standards of need by the State Board of Education, appropriated    17,361       

funds may be allotted to eligible districts according to such                   

standards.  Equipment funds allotted under either process shall    17,362       

be provided to a school district on a 40, 50, or 60 per cent of    17,363       

cost on the basis of a district vocational priority index rating   17,364       

developed by the Department of Education for all districts each    17,366       

year.  The vocational priority index shall give preference to                   

districts with a large percentage of disadvantaged students and    17,367       

shall include other socio-economic factors as determined by the    17,368       

State Board of Education.                                          17,369       

      Of the foregoing appropriation item 200-545, Vocational      17,371       

Education Enhancements, up to $400,000 in fiscal year 2000 and up  17,372       

to $200,000 in fiscal year 2001 may be used to pay for             17,373       

transitional funding to low-wealth joint vocational school                      

districts.  This transitional funding is for fiscal year 2000 and  17,374       

fiscal year 2001 only and will not be provided beyond the current  17,375       

biennium.  For fiscal year 2000, joint vocational school           17,376       

districts with adjusted recognized valuation per pupil equal to    17,377       

or less than $3,000,000 are guaranteed to receive at least a 2.8   17,378       

per cent increase in state aid received under section 3317.16 of                

the Revised Code less divisions (E) and (F) and under division     17,379       

(R) of section 3317.024 of the Revised Code over the amount the    17,380       

district received in fiscal year 1999 under the version of         17,381       

section 3317.16 of the Revised Code in effect for that year plus   17,382       

the amount the district received under section 3317.162 of the     17,383       

Revised Code in effect for that year and minus the amounts                      

                                                          372    


                                                                 
received that year for driver education and adult education.  For  17,384       

fiscal year 2001, joint vocational school districts with adjusted  17,385       

recognized valuation per pupil equal to or less than $3,000,000    17,386       

are guaranteed to receive at least a 1.5 per cent increase in      17,387       

state aid received under section 3317.16 of the Revised Code less               

divisions (E) and (F) and under division (R) of section 3317.024   17,388       

of the Revised Code over the amount the district received in       17,389       

fiscal year 1999 under the version of section 3317.16 of the       17,390       

Revised Code in effect for that year plus the amount the district  17,391       

received under section 3317.162 of the Revised Code in effect for  17,392       

that year and minus the amounts received that year for driver      17,393       

education and adult education.  No district that receives                       

transitional funding under this paragraph shall receive more than  17,394       

$150,000 in fiscal year 2000 and $100,000 in fiscal year 2001.     17,395       

      Section 4.17.  Charge-Off Supplement                         17,397       

      The foregoing appropriation item 200-546, Charge-Off         17,399       

Supplement, shall be used by the Department of Education to make   17,400       

payments pursuant to section 3317.0216 of the Revised Code.        17,401       

      By July 15, 2000, the Director of Budget and Management      17,403       

shall transfer General Revenue Fund cash equal to the fiscal year  17,404       

2000 unencumbered and unallotted balances as of June 30, 2000, in  17,405       

appropriation item 200-546, Charge-Off Supplement, to Fund 5G0,    17,406       

Video Distance Learning.  By July 15, 2001, the Director of        17,407       

Budget and Management shall transfer General Revenue Fund cash                  

equal to the fiscal year 2001 unencumbered and unallotted          17,409       

balances in appropriation item 200-546, Charge-Off Supplement, as  17,410       

of June 30, 2001, to Fund 5G0, Video Distance Learning.  Moneys    17,411       

transferred under this section are hereby appropriated.                         

      Power Equalization                                           17,413       

      The foregoing appropriation item 200-547, Power              17,415       

Equalization, shall be used by the Department of Education to      17,416       

make payments pursuant to section 3317.0215 of the Revised Code.   17,417       

      Reading Improvement                                          17,419       

      The foregoing appropriation item 200-551, Reading            17,421       

                                                          373    


                                                                 
Improvement, shall be used by the Department of Education to fund  17,422       

the Reading Recovery Training Network, to cover the cost of        17,423       

release time for the teacher trainers, and to provide grants to    17,424       

districts to implement other reading improvement programs on a     17,426       

pilot basis.  Funds for this appropriation item may also be used   17,428       

to conduct evaluations of the impact and effectiveness of Reading  17,429       

Recovery and other reading improvement programs.                   17,430       

      In addition, the Department of Education shall report to     17,432       

the General Assembly and the Governor each fiscal year on the      17,433       

progress that has been made in implementing these programs,        17,434       

including an evaluation of the effectiveness of the programs.      17,435       

      Twenty per cent of the foregoing appropriation item          17,437       

200-551, Reading Improvement, shall be used for the continuation   17,438       

of a phonics demonstration project as described in Sub. H.B. 81    17,439       

of the 121st General Assembly.  The Department of Education may    17,441       

make a portion of the funds for the demonstration project          17,442       

available to additional school districts that want to participate  17,443       

in the program that did not receive funding under the original     17,444       

project authorized in Sub. H.B. 81 of the 121st General Assembly.  17,445       

      County MR/DD Boards-Vehicle Purchases                        17,447       

      The foregoing appropriation item 200-552, County MR/DD       17,449       

Boards Vehicle Purchases, shall be used to provide financial       17,450       

assistance to MR/DD boards for the purchase of vehicles as         17,451       

permitted in section 3317.07 of the Revised Code.                  17,452       

      The foregoing appropriation item 200-553, County MR/DD       17,454       

Boards Transportation Operating, shall be used to provide          17,455       

financial assistance for transportation operating costs as         17,456       

provided in section 3317.024 of the Revised Code.  The             17,458       

reimbursement rate shall be based on the rate defined in division               

(D) of section 3317.022 of the Revised Code.                       17,459       

      Emergency Loan Interest Subsidy                              17,461       

      The foregoing appropriation item 200-558, Emergency Loan     17,463       

Interest Subsidy, shall be used to provide a subsidy to school     17,465       

districts receiving emergency school loans pursuant to section                  

                                                          374    


                                                                 
3313.484 of the Revised Code.  The subsidy shall be used to pay    17,466       

these districts the difference between the amount of interest the  17,468       

district is paying on an emergency loan, and the interest that     17,469       

the district would have paid if the interest rate on the loan had  17,470       

been two per cent.                                                              

      Section 4.18.  OhioReads Grants                              17,472       

      Of the foregoing appropriation item 200-566, OhioReads       17,474       

Grants, $20,000,000 each year shall be disbursed by the OhioReads  17,476       

Office in the Department of Education at the direction of the      17,477       

OhioReads Council, to provide classroom grants to public schools   17,478       

in city, local, and exempted village school districts; community   17,479       

schools; and educational service centers serving kindergarten      17,480       

through fourth grade students.                                     17,481       

      Of the foregoing appropriation item 200-566, OhioReads       17,483       

Grants, $5,000,000 each year shall be disbursed by the OhioReads   17,484       

Office in the Department of Education at the direction of the      17,485       

OhioReads Council, to provide community matching grants to         17,487       

community organizations and associations, libraries, and others                 

for tutoring, tutor recruitment and training, and parental         17,488       

involvement.                                                                    

      Grants awarded by the OhioReads Council are intended to      17,490       

improve reading outcomes, especially on the fourth grade reading   17,491       

proficiency test.                                                               

      School Improvement Incentive Grants                          17,493       

      Of the foregoing appropriation item 200-570, School          17,495       

Improvement Incentive Grants, $2,000,000 in each fiscal year       17,496       

shall be used to provide grants of $25,000 per building for        17,498       

improvements in reading performance based on selection criteria    17,499       

developed by the OhioReads Council.                                             

      Of the foregoing appropriation items 200-570, School         17,501       

Improvement Incentive Grants, $6,500,000 in each fiscal year       17,502       

shall be used to provide grants of $25,000 each to elementary      17,504       

schools and $50,000 each to middle schools, junior high schools,   17,505       

and high schools that demonstrate significant improvement on                    

                                                          375    


                                                                 
proficiency tests, attendance rates, and graduation rates based    17,506       

on standards developed by the Department of Education.             17,507       

      Of the foregoing appropriation item 200-570, School          17,509       

Improvement Incentive Grants, $500,000 in each fiscal year shall   17,510       

be used to provide grants of $50,000 each to educational service   17,512       

centers and joint vocational school districts for exemplary        17,513       

programs or that demonstrate significant improvement on                         

proficiency tests, attendance rates, and graduation rates based    17,514       

on standards developed by the Department of Education.             17,515       

      Of the foregoing appropriation item 200-570, School          17,517       

Improvement Incentive Grants, $1,000,000 in each fiscal year       17,518       

shall be used to provide grants of $25,000 each to schools         17,520       

selected for superior performance by BEST, Building Excellent                   

Schools for Today and the 21st Century.                            17,521       

      Teacher Incentive Grants                                     17,523       

      The foregoing appropriation item 200-572, Teacher Incentive  17,525       

Grants, shall be used by the Department of Education to pay        17,526       

one-time stipends to qualified teachers of reading, mathematics,   17,527       

and science.  To be eligible, teacher applicants must hold a       17,528       

valid teaching certificate; be employed by a city, local,          17,529       

exempted village, or joint vocational school district; and be                   

certified by the district as necessary to meet an existing need    17,530       

for teachers with a reading, mathematics, or science credential.   17,531       

      Individuals with an elementary school teaching certificate   17,533       

that successfully complete a program for a reading endorsement,    17,534       

and who successfully complete the examination prescribed by the    17,535       

State Board of Education, shall be paid a stipend of $1,000.       17,536       

Individuals with a high school teaching certificate that                        

successfully complete a program required to add mathematics or     17,537       

science to that certificate, and who successfully complete the     17,538       

mathematics or science examination prescribed by the State Board   17,539       

of Education, shall be paid a stipend of $1,500.  The variance in  17,540       

stipend amounts reflects the variance in requirements to secure    17,541       

the different credentials.                                                      

                                                          376    


                                                                 
      Character Education                                          17,543       

      Of the foregoing appropriation item 200-573, Character       17,545       

Education, up to $50,000 in each fiscal year shall be used to      17,546       

develop, produce, or otherwise obtain a distance learning          17,547       

program, a video presentation, or other method of offering         17,548       

instruction in character education to multiple school districts.   17,549       

The program, presentation, or other method of instruction shall    17,550       

be made available to all school districts.                         17,551       

      The remainder of appropriation item 200-573, Character       17,553       

Education, shall be used by the Department of Education to         17,555       

provide matching grants of up to $50,000 each to school districts  17,556       

to develop pilot character education programs.                                  

      Substance Abuse Prevention                                   17,558       

      Of the foregoing appropriation item 200-574, Substance       17,560       

Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to   17,561       

$2,120,000 in fiscal year 2001 shall be used for the Substance     17,562       

Abuse Coordinators Program.  Of the foregoing appropriation item   17,563       

200-574, Substance Abuse Prevention, up to $300,000 in each                     

fiscal year of the biennium shall be used for the Substance Abuse  17,564       

Prevention Student Assistance Program.  The Department of          17,565       

Education and the Department of Alcohol and Drug Addiction         17,566       

Services shall jointly develop and approve a plan for the          17,567       

expenditure of these funds including, but not limited to, the                   

development of position descriptions and training specifications   17,568       

for substance abuse coordinators.  Substance abuse coordinators    17,569       

shall possess credentials issued by the Ohio Credentialing Board   17,570       

for Chemical Dependency Professionals or other credentials         17,571       

recognized by that board.                                                       

      12th Grade Proficiency Stipend                               17,573       

      The foregoing appropriation item 200-575, 12th Grade         17,575       

Proficiency Stipend, shall be used to fund a $500 scholarship to   17,576       

each student who meets the requirements of section 3365.15 of the  17,577       

Revised Code.                                                                   

      Within thirty days of the effective date of this section,    17,579       

                                                          377    


                                                                 
the Director of Budget and Management shall transfer the           17,580       

appropriation for this program to the Ohio Board of Regents for    17,581       

its administration.                                                             

      River Valley School Environmental Issues                     17,583       

      The foregoing appropriation item 200-580, River Valley       17,585       

School Environmental Issues, shall be used to assist with costs    17,586       

arising from environmental assessment and clean-up of potential    17,587       

environmental contamination of school facilities of the River      17,588       

Valley Local School District.                                                   

      Auxiliary Services Mobile Repair                             17,590       

      Notwithstanding section 3317.064 of the Revised Code, if     17,592       

the unobligated cash balance is sufficient, the Treasurer of       17,593       

State shall transfer $1,500,000 in fiscal year 2000 within thirty  17,594       

days of the effective date of this section and $1,500,000 in       17,595       

fiscal year 2001 by August 1, 2000, from the Auxiliary Services    17,596       

Personnel Unemployment Compensation Fund to the Department of      17,597       

Education's Auxiliary Services Mobile Repair Fund (Fund 598).      17,598       

      Within 30 days after the effective date of this section,     17,600       

the Superintendent of Public Instruction shall certify to the      17,601       

Director of Budget and Management the amount of cash to be         17,602       

transferred from the Miscellaneous Revenue Fund, Fund 452, to the  17,603       

Educational Grants Fund, Fund 620.                                              

      Coordinated School Health and AIDS Education                 17,605       

      The Department of Education shall not commit or spend any    17,607       

moneys from appropriation item 200-625, Coordinated School         17,608       

Health, or appropriation item 200-668, AIDS Education, for         17,609       

activities in preparation for or during the 1999-2000 school year  17,610       

or for the 2000-2001 school year until the General Assembly has    17,611       

approved program plans for these purposes through the adoption of               

a concurrent resolution.  Before the House of Representatives or   17,612       

the Senate votes on a concurrent resolution approving program      17,613       

plans, its standing committee having principal jurisdiction over   17,614       

primary and secondary education legislation shall conduct at       17,615       

least one public hearing on the program plans.  Tobacco use        17,616       

                                                          378    


                                                                 
prevention programs and dental health programs are exempt from                  

these requirements.                                                17,617       

      Section 4.19.  Lottery Profits Education Fund                17,620       

      Appropriation item fund 017 200-612, Base Cost Funding,      17,623       

shall be used in conjunction with GRF appropriation item 200-501,  17,624       

Base Cost Funding, to provide payments to school districts                      

pursuant to Chapter 3317. of the Revised Code.                     17,626       

      Of the foregoing appropriation item fund 017 200-612, Base   17,629       

Cost Funding, $25,000,000 in each fiscal year shall be used from   17,630       

the funds transferred from the Unclaimed Prizes Trust Fund         17,631       

pursuant to the section entitled "Transfers from the Unclaimed     17,632       

Prizes Fund" of this act.                                                       

      The Department of Education, with the approval of the        17,634       

Director of Budget and Management, shall determine the monthly     17,635       

distribution schedules of the GRF appropriation item 200-501 and   17,636       

fund 017 appropriation item 200-610.  If adjustments to the        17,637       

monthly distribution schedule are necessary, the Department of     17,639       

Education shall make such adjustments with the approval of the     17,640       

Director of Budget and Management.                                 17,641       

      The Director of Budget and Management shall transfer via     17,643       

interstate transfer voucher the amount appropriated under the      17,645       

Lottery Profits Education Fund for appropriation item 200-682,     17,646       

Lease Rental Payment Reimbursement, to the General Revenue Fund    17,647       

on a schedule determined by the director.  These funds shall                    

support the GRF appropriation item 230-428, Lease Rental           17,649       

Payments, of the School Facilities Commission.                     17,650       

      Lottery Profits Transfers*                                   17,652       

      On 15th day of May of each fiscal year, the Director of      17,654       

Budget and Management shall determine if lottery profits           17,655       

transfers will meet the appropriation amounts from the Lottery     17,656       

Profits Education Fund.                                            17,657       

      On or after the date specified in each fiscal year, if the   17,659       

director determines that lottery profits will not meet             17,660       

appropriations and if other funds are not available to meet the    17,661       

                                                          379    


                                                                 
shortfall, the Superintendent of Public Instruction shall take     17,662       

the actions specified under the "Reallocation of Funds" section    17,664       

of this act.                                                                    

      Transfers from the Unclaimed Prizes Fund                     17,666       

      By January 15 of fiscal year 2000 and by January 15 of       17,668       

fiscal year 2001, the Director of Budget and Management shall      17,670       

transfer $25,000,000 from the State Lottery Commission's           17,671       

Unclaimed Prizes Fund to the Lottery Profits Education Fund, to                 

be used solely for purposes specified in the Department of         17,672       

Education's budget.  Transfers of unclaimed prizes under this      17,673       

provision shall not count as lottery profits in the determination  17,674       

made concerning excess profits titled "Lottery Profits" under the  17,676       

Department of Education in this act.                                            

      Teacher Certification and Licensure                          17,678       

      The foregoing appropriation item 200-681, Teacher            17,680       

Certification and Licensure, shall be used by the Department of    17,681       

Education in each year of the biennium to administer teacher       17,682       

certification and licensure functions pursuant to sections         17,683       

3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24   17,684       

to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and    17,685       

3319.51 of the Revised Code.                                       17,686       

      Section 4.20.  Property Tax Allocation                       17,688       

      The Superintendent of Public Instruction shall not request   17,690       

and the Controlling Board shall not approve the transfer of funds  17,691       

from appropriation item 200-901, Property Tax                      17,692       

Allocation-Education, to any other appropriation line item.        17,693       

      School District Solvency Assistance                          17,695       

      The foregoing appropriation item 200-687, School District    17,697       

Solvency Assistance, shall be used to make advancements to school  17,699       

districts to enable them to remain solvent pursuant to section                  

3316.20 of the Revised Code.  Reimbursements from school           17,702       

districts for any amounts advanced shall be made to the School     17,703       

District Solvency Assistance Fund.                                 17,704       

      Section 4.21.  Distribution Formulas*                        17,706       

                                                          380    


                                                                 
      The Department of Education shall report the following to    17,708       

the Director of Budget and Management, the Legislative Office of   17,709       

Education Oversight, and the Legislative Budget Officer of the     17,710       

Legislative Service Commission:                                    17,711       

      (A)  Changes in formulas for distributing state              17,713       

appropriations, including administratively defined formula         17,714       

factors;                                                           17,715       

      (B)  Discretionary changes in formulas for distributing      17,717       

federal appropriations;                                            17,718       

      (C)  Federally mandated changes in formulas for              17,720       

distributing federal appropriations.                               17,721       

      Any such changes shall be reported two weeks prior to the    17,723       

effective date of the change.                                      17,724       

      Section 4.22.  Educational Service Centers Funding           17,726       

      Notwithstanding division (B) of section 3317.11 of the       17,728       

Revised Code, no funds shall be provided to an educational         17,729       

service center in either fiscal year for any pupils of a city or   17,730       

exempted village school district unless an agreement to provide    17,731       

services under section 3313.843 of the Revised Code was entered                 

into by January 1, 1997, except that funds shall be provided to    17,732       

an educational service center for any pupils of a city school      17,733       

district if the agreement to provide services was entered into     17,734       

within one year of the date upon which such district changed from  17,735       

a local school district to a city school district.  If                          

insufficient funds are appropriated in fiscal year 2000 for the    17,736       

purposes of division (B) of section 3317.11 of the Revised Code,   17,737       

the department shall first distribute to each educational service  17,738       

center $36 per pupil in its service center ADM, as defined in      17,739       

that section.  The remaining funds in the fiscal year shall be     17,740       

distributed to each educational service center at a rate of $36    17,741       

per pupil in its client ADM, as defined in that section, that is                

attributable to each city and exempted village school district     17,742       

that had entered into an agreement with an educational service     17,743       

center for that fiscal year under section 3313.843 of the Revised  17,744       

                                                          381    


                                                                 
Code by January 1, 1997, in order of the dates on which such       17,745       

agreements were entered into, beginning with the earliest such     17,746       

date; except that any service center that received funds for the                

pupils of a city or exempted village school district in fiscal     17,747       

year 1999 shall receive funds for the pupils of such district in   17,748       

fiscal year 2000 if such district has entered into an agreement    17,749       

with that educational service center for that fiscal year.  If     17,750       

insufficient funds are appropriated in fiscal year 2001 for the    17,751       

purposes of division (B) of section 3317.11 of the Revised Code,   17,752       

the department shall first distribute to each educational service  17,753       

center $37 per pupil in its service center ADM.  The remaining     17,754       

funds in the fiscal year shall be distributed to each educational  17,755       

service center at a rate of $37 per pupil in its client ADM        17,757       

attributable to each city and exempted village school district                  

that had entered into an agreement with an educational service     17,758       

center for that fiscal year under section 3313.843 of the Revised  17,759       

Code by January 1, 1997, in order of the dates on which such       17,760       

agreements were entered into, beginning with the earliest such     17,761       

date; except that any educational service center that received     17,762       

funds for the pupils in the ADM of a city or exempted village                   

school district in both fiscal years 1999 and 2000 shall receive   17,763       

funds for the pupils of such district in fiscal year 2001 if such  17,764       

district has entered into an agreement with that educational       17,765       

service center for that fiscal year.                                            

      Section 4.23.  Distribution-School District Subsidy          17,767       

Payments                                                           17,768       

      The provisions of this section shall not take effect unless  17,771       

the Director of Budget and Management adopts an order putting      17,772       

them into effect and certifies a copy of the order to the          17,773       

Superintendent of Public Instruction and the Controlling Board.    17,774       

      Notwithstanding any other provision of the Revised Code,     17,776       

the monthly distribution of payments made to school districts and  17,777       

educational service centers pursuant to section 3317.01 of the     17,778       

Revised Code for the first six months of each fiscal year shall    17,780       

                                                          382    


                                                                 
equal, as nearly as possible, six and two-thirds per cent of the   17,781       

estimate of the amounts payable for each fiscal year.  The         17,782       

monthly distribution of payments for the last six months of each   17,783       

fiscal year shall equal, as nearly as possible, ten per cent of    17,784       

the final calculation of the amounts payable to each school        17,785       

district for that fiscal year.                                                  

      The treasurer of each school district or educational         17,787       

service center may accrue, in addition to the payments defined in  17,789       

this section, to the accounts of the calendar years that end       17,790       

during each fiscal year, the difference between the sum of the     17,791       

first six months' payments in each fiscal year and the amounts     17,792       

the district would have received had the payments been made in,    17,793       

as nearly as possible in each fiscal year, twelve equal monthly    17,794       

payments.                                                                       

      Notwithstanding the limitations on the amount of borrowing   17,796       

and time of payment provided for in section 133.10 of the Revised  17,797       

Code but subject to the provisions of sections 133.26 and 133.30   17,798       

of the Revised Code, a board of education of a school district     17,799       

may at any time between July 1, 1999, and December 31, 1999, or    17,800       

at any time between July 1, 2000, and December 31, 2000, borrow    17,801       

money to pay any necessary and actual expenses of the school       17,802       

district during the last six months of calendar years 1999 and     17,803       

2000 and in anticipation of the receipt of any portion of the      17,804       

payments to be received by that district in the first six months   17,805       

of calendar years 2000 and 2001 representing the respective        17,806       

amounts accrued pursuant to the preceding paragraph, and issue     17,807       

notes to evidence that borrowing to mature no later than the       17,808       

thirtieth day of June of the calendar year following the calendar  17,809       

year in which such amount was borrowed.  The principal amount      17,810       

borrowed in the last six months of calendar years 1999 or 2000     17,811       

under this paragraph may not exceed the entire amount accrued or   17,812       

to be accrued by the district treasurer in those calendar years    17,813       

pursuant to the preceding paragraph.  The proceeds of the notes    17,814       

shall be used only for the purposes for which the anticipated      17,815       

                                                          383    


                                                                 
receipts are lawfully appropriated by the board of education.  No  17,816       

board of education shall be required to use the authority granted  17,817       

by this paragraph.  The receipts so anticipated, and additional    17,818       

amounts from distributions to the districts in the first six       17,819       

months of calendar years 2000 and 2001 pursuant to Chapter 3317.   17,820       

of the Revised Code needed to pay the interest on the notes,       17,821       

shall be deemed appropriated by the board of education to the      17,822       

extent necessary for the payment of the principal of and interest  17,823       

on the notes at maturity, and the amounts necessary to make those  17,824       

monthly distributions are hereby appropriated from the General     17,825       

Revenue Fund.  For the purpose of better ensuring the prompt       17,826       

payment of principal of and interest on the notes when due, the    17,827       

resolution of the board of education authorizing the notes may     17,828       

direct that the amount of the receipts anticipated, together with  17,829       

those additional amounts needed to pay the interest on the         17,830       

borrowed amounts, shall be deposited and segregated, in trust or   17,831       

otherwise, to the extent, at the time or times, and in the manner  17,832       

provided in that resolution.  The borrowing authorized by this     17,833       

section shall not constitute debt for purposes of section 133.04   17,834       

of the Revised Code.  School districts shall be reimbursed by the  17,835       

state for all necessary and actual costs to districts arising      17,836       

from this provision, including, without limitation, the interest   17,837       

paid on the notes while the notes are outstanding.  The            17,838       

Department of Education shall adopt rules that are not             17,839       

inconsistent with this section for school district eligibility     17,840       

and application for reimbursement of such costs.  Payments of      17,841       

these costs shall be made out of any anticipated balances in       17,842       

appropriation items distributed under Chapter 3317. of the         17,843       

Revised Code.  The department shall submit all requests for        17,844       

reimbursement under these provisions to the Controlling Board for  17,845       

approval.                                                          17,846       

      During the last six months of each calendar year, instead    17,848       

of deducting the amount the Superintendent of Public Instruction   17,849       

would otherwise deduct from a school district's or educational     17,851       

                                                          384    


                                                                 
service center's state aid payments in accordance with the         17,852       

certifications made for such year pursuant to sections 3307.56     17,853       

and 3309.51 of the Revised Code, the superintendent shall deduct   17,855       

an amount equal to forty per cent of the amount so certified.      17,856       

The secretaries of the retirement systems shall compute the        17,857       

certifications for the ensuing year under such sections as if the  17,858       

entire amounts certified as due in the calendar year ending the    17,859       

current fiscal year, but not deducted pursuant to this paragraph,  17,860       

had been deducted and paid in that calendar year.  During the      17,861       

first six months of the ensuing calendar year, in addition to      17,862       

deducting the amounts the Superintendent of Public Instruction is  17,863       

required to deduct under such sections during such period, the     17,864       

superintendent shall deduct from a district's or educational       17,865       

service center's state aid payments an additional amount equal to  17,867       

the amount that was certified as due from the district for the     17,868       

calendar year that ends during the fiscal year, but that was not   17,869       

deducted because of this paragraph.  The superintendent's          17,870       

certifications to the Director of Budget and Management during     17,871       

the first six months of the calendar year shall reflect such       17,872       

additional deduction.                                                           

      Section 4.24.  Reallocation of Funds                         17,874       

      (A)  As used in this section:                                17,876       

      (1)  "Basic aid" means the amount calculated for the school  17,879       

district received for the fiscal year under divisions (A) and (C)  17,880       

of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,   17,882       

3317.0212, and 3317.0213 of the Revised Code and the amount        17,883       

computed for a joint vocational school district under section      17,884       

3317.16 of the Revised Code.                                                    

      (2)  "Nonbasic aid" means the amount computed for a school   17,887       

district for fiscal year 2000 or fiscal year 2001 under Chapter    17,888       

3317. of the Revised Code and this act, excluding the district's   17,889       

basic aid and the amount computed under such chapter and acts for  17,890       

educational service centers, MR/DD boards, and institutions.       17,891       

      (B)  If in either fiscal year of the biennium the Governor   17,893       

                                                          385    


                                                                 
issues an order under section 126.05 of the Revised Code to        17,894       

reduce expenditures and incurred obligations and the order         17,895       

requires the superintendent to reduce such state education         17,896       

payments, or if lottery profits transfers are insufficient to      17,898       

meet the amounts appropriated from the Lottery Profits Education   17,899       

Fund for base cost funding, and if other funds are not sufficient  17,900       

to offset the shortfall, the superintendent shall reduce nonbasic  17,902       

aid payments so that the total amount expended in the fiscal year  17,903       

will not exceed the amount available for expenditure pursuant to   17,904       

the Governor's order.  Subject to Controlling Board approval, the  17,905       

superintendent shall reallocate appropriations not yet expended    17,906       

from one program to another.                                       17,907       

      (C)(1)  If further reductions in nonbasic aid are necessary  17,910       

following the reallocations implemented pursuant to division (B)   17,911       

of this section, the superintendent shall request the Controlling  17,912       

Board to approve the use of the money appropriated by this         17,913       

division.  The superintendent shall include with the               17,914       

superintendent's request a report listing the amount of                         

reductions that each school district will receive if the request   17,915       

is not approved, and also the amount of the reduction, if any,     17,916       

that will still be required if the use of the money appropriated   17,917       

by this section is approved.                                                    

      (2)  In accordance with division (C)(1) of this section,     17,919       

there is hereby appropriated to the Department of Education from   17,920       

the unobligated balance remaining in the Lottery Profits           17,921       

Education Fund at the end of fiscal year 1999 the lesser of:  the  17,922       

unobligated balance in the fund, or the amount needed to preclude  17,924       

a reallocation pursuant to this section.  The money appropriated   17,925       

by this division may be spent or distributed by the department     17,926       

only with the approval of the Controlling Board.                   17,927       

      (D)  If reductions in nonbasic aid are still necessary       17,930       

following the actions taken pursuant to divisions (B) and (C) of   17,931       

this section, the superintendent shall determine by what           17,932       

percentage expenditures for nonbasic aid must be reduced for the   17,933       

                                                          386    


                                                                 
remainder of the fiscal year to make the total amount distributed  17,934       

for the year equal the amount appropriated or available for        17,935       

distribution.  The superintendent shall reduce by that percentage  17,936       

the amount to be paid in nonbasic aid to each city, exempted       17,937       

village, local, and joint vocational school district, to each      17,938       

educational service center, to each county board of mental         17,939       

retardation and developmental disabilities, and to each            17,940       

institution providing special education programs under section     17,941       

3323.091 of the Revised Code for the remainder of the fiscal       17,942       

year.                                                                           

      Section 4.25.  Lottery Profits                               17,944       

      (A)  There is hereby created the Lottery Profits Education   17,946       

Reserve Fund (Fund 018) in the State Treasury.  At no time shall   17,947       

the amount to the credit of the fund exceed $75,000,000.           17,948       

Investment earnings of the Lottery Profits Education Reserve Fund  17,949       

shall be credited to the fund.  Notwithstanding any provisions of  17,950       

law to the contrary, for fiscal years 2000 and 2001, there is      17,951       

hereby appropriated to the Department of Education, from the       17,952       

Lottery Profits Education Reserve Fund, an amount necessary to     17,953       

make loans authorized by sections 3317.0210, 3317.0211, and        17,954       

3317.62 of the Revised Code.  All loan repayments from loans made  17,955       

in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999  17,956       

shall be deposited into the credit of the Lottery Profits          17,957       

Education Reserve Fund.                                                         

      (B)(1)  On or before July 15, 1999, the Director of Budget   17,959       

and Management shall determine the amount by which lottery profit  17,960       

transfers received by the Lottery Profits Education Fund for       17,961       

fiscal year 1999 exceed $688,873,028.  The amount so certified     17,963       

shall be distributed in fiscal year 2000 pursuant to divisions     17,965       

(C) and (D) of this section.                                                    

      (2)  On or before July 15, 2000, the Director of Budget and  17,967       

Management shall determine the amount by which lottery profit      17,968       

transfers received by the Lottery Profits Education Fund for       17,969       

fiscal year 2000 exceed $661,000,000.  The amount so determined    17,970       

                                                          387    


                                                                 
shall be distributed in fiscal year 2001 pursuant to divisions     17,971       

(E) and (F) of this section.                                       17,972       

      The Director of Budget and Management shall annually         17,974       

certify the amounts determined pursuant to this section to the     17,975       

Speaker of the House of Representatives and the President of the   17,976       

Senate.                                                                         

      (C)  Not later than June 15, 2000, the Department of         17,978       

Education, in consultation with the Director of Budget and         17,979       

Management, shall determine, based upon estimates, if a            17,980       

reallocation of funds as described in the section of this act      17,981       

titled "Reallocation of Funds" is required.                        17,982       

      If a reallocation of funds is required, then the             17,984       

Superintendent of Public Instruction shall request Controlling     17,985       

Board approval for a release of any balances in the Lottery        17,986       

Profits Education Fund available for the purpose of this division  17,987       

and pursuant to divisions (C)(1) and (2) of the section of this    17,988       

act titled "Reallocation of Funds."  Any moneys so released are    17,989       

hereby appropriated.                                               17,990       

      (D)  In fiscal year 2000, if the Department of Education     17,992       

does not determine that a reallocation of funds is necessary by    17,993       

the fifteenth day of June, as provided in division (C) of this     17,995       

section, or if there is a balance in the Lottery Profits           17,996       

Education Fund after the release of any amount needed to preclude  17,997       

a reallocation of funds as provided in division (C) of this        17,998       

section, the moneys in the Lottery Profits Education Fund shall    17,999       

be allocated as provided in this division.  Any amounts so         18,000       

allocated are hereby appropriated.                                              

      An amount equal to five per cent of the estimated lottery    18,002       

profits of $688,873,028 in fiscal year 1999 or the amount          18,003       

remaining in the fund, whichever is the lesser amount, shall be    18,004       

transferred to the Lottery Profits Education Reserve Fund within   18,005       

the limitations specified in division (A) of this section and be   18,006       

reserved and shall not be available for allocation or              18,007       

distribution during fiscal year 2000.  Any amounts exceeding       18,008       

                                                          388    


                                                                 
$75,000,000 shall be distributed pursuant to division (G) of this  18,009       

section.                                                           18,010       

      (E)  Not later than June 15, 2001, the Department of         18,012       

Education, in consultation with the Director of Budget and         18,013       

Management, shall determine, based upon estimates, if a            18,014       

reallocation of funds as described in the section of this act      18,015       

titled "Reallocation of Funds" is required.                        18,016       

      If a reallocation of funds is required, then the             18,018       

Superintendent of Public Instruction shall request Controlling     18,019       

Board approval for a release of any balances in the Lottery        18,020       

Profits Education Fund available for the purpose of this division  18,021       

and pursuant to divisions (C)(1) and (2) of the section of this    18,022       

act titled "Reallocation of Funds."  Any moneys so released are    18,023       

hereby appropriated.                                               18,024       

      (F)  In fiscal year 2001, if the Department of Education     18,026       

does not determine that a reallocation of funds is necessary by    18,027       

the fifteenth day of June, as provided in division (E) of this     18,029       

section, or if there is a balance in the Lottery Profits           18,030       

Education Fund after the release of any amount needed to preclude  18,031       

a reallocation of funds as provided in division (E) of this        18,032       

section, the moneys in the Lottery Profits Education Fund shall    18,033       

be allocated as provided in this division.  Any amounts so         18,034       

allocated are hereby appropriated.                                              

      An amount equal to five per cent of the estimated lottery    18,036       

profits transfers of $661,000,000 in fiscal year 2000 or the       18,037       

amount remaining in the fund, whichever is the lesser amount,      18,038       

shall be transferred to the Lottery Profits Education Reserve      18,039       

Fund within the limitations specified in division (A) of this      18,040       

section and be reserved and shall not be available for allocation  18,041       

or distribution during fiscal year 2001.  Any amounts exceeding    18,042       

$75,000,000 shall be distributed pursuant to division (G) of this  18,044       

section.                                                                        

      (G)  In the appropriate fiscal year, any remaining amounts   18,046       

after the operations required by division (D) or (F) of this       18,047       

                                                          389    


                                                                 
section, respectively, shall be transferred to the Public School   18,048       

Building Fund (Fund 021) and such amount is hereby appropriated    18,049       

to appropriation item CAP-622, Public School Buildings, in the     18,050       

School Facilities Commission.                                                   

      Section 4.26.*  For the school year commencing July 1,       18,052       

1999, or the school year commencing July 1, 2000, or both, the     18,053       

Superintendent of Public Instruction may waive for the board of    18,054       

education of any school district the ratio of teachers to pupils   18,055       

in kindergarten through fourth grade required under paragraph      18,056       

(A)(3) of rule 3301-35-03 of the Administrative Code if the        18,057       

following conditions apply:                                        18,058       

      (A)  The board of education requests the waiver;             18,060       

      (B)  After the Department of Education conducts an on-site   18,062       

evaluation of the district related to meeting the required ratio,  18,063       

the board of education demonstrates to the satisfaction of the     18,064       

Superintendent of Public Instruction that providing the            18,066       

facilities necessary to meet the required ratio during the         18,067       

district's regular school hours with pupils in attendance would    18,068       

impose an extreme hardship on the district;                        18,069       

      (C)  The board of education provides assurances that are     18,071       

satisfactory to the Superintendent of Public Instruction that the  18,072       

board will act in good faith to meet the required ratio as soon    18,073       

as possible.                                                       18,074       

      Section 4.27.*  Teacher and Nonteacher Salary Schedules      18,076       

      (A)  As used under this heading:                             18,078       

      (1)  "Teachers' salary schedule" means the salary schedule   18,081       

adopted pursuant to section 3317.14 of the Revised Code, except    18,082       

that it does not include any separate salary level for teachers    18,083       

with twelve or more years of service or for any separate level of  18,084       

training and experience except those levels separately set forth   18,085       

in the salary schedule in section 3317.13 of the Revised Code.     18,086       

      (2)  "Nonteaching salary schedule" means the salary          18,089       

schedule adopted pursuant to section 3317.12 of the Revised Code.  18,090       

      (B)  If the salary for any number of years of service at     18,092       

                                                          390    


                                                                 
any level of training and experience in a board of education's     18,093       

teachers' salary schedule that was in effect on June 30, 1994,     18,094       

was less than the amount required for that number of years of      18,095       

service at that level in order to be in compliance with the        18,096       

minimum salary requirements imposed by this act for the 1994-1995  18,097       

school year, that board shall increase the salaries for each       18,098       

position classification and level of service in the nonteaching    18,099       

salary schedule for the 1994-1995 school year as follows:          18,100       

      (1)  Add the salaries at each level of training and          18,102       

experience in the teachers' salary schedule that was in effect on  18,103       

June 30, 1994.                                                     18,104       

      (2)  At each level of training and experience, increase the  18,106       

salary in the June 30, 1994, teachers' salary schedule if an       18,107       

increase is required for the 1994-1995 school year in order to     18,108       

bring that schedule into compliance with this act, but do not      18,109       

increase the salary to more than the minimum amount required to    18,110       

be in compliance.                                                  18,111       

      (3)  Recompute division (B)(1) under this heading,           18,113       

substituting the increased salaries included in division (B)(2)    18,114       

under this heading.                                                18,115       

      (4)  Divide the sum obtained in division (B)(3) under this   18,117       

heading by the sum obtained in division (B)(1) under this          18,118       

heading.                                                           18,119       

      (5)  Multiply the salary for each position classification    18,121       

and level of service included in the nonteaching salary schedule   18,122       

by the quotient obtained in division (B)(4) under this heading.    18,123       

      No school district affected by this division shall pay any   18,125       

nonteaching school employee for the 1994-1995 school year at a     18,126       

rate that is less than that to which the employee would be         18,127       

entitled if the employee were paid under the adjusted nonteaching  18,129       

salary schedule computed under division (B)(5) of this heading.    18,130       

      Section 4.28.*  Notwithstanding any provision of division    18,132       

(F) of section 3311.06 of the Revised Code limiting interdistrict  18,135       

payments under annexation agreements to amounts certified under    18,136       

                                                          391    


                                                                 
former section 3317.029 of the Revised Code, a party to an         18,137       

annexation agreement entered into prior to the effective date of   18,138       

this section which contains an agreement to pay, in respect of                  

its territory which is annexed territory, an amount which exceeds  18,139       

or exceeded the amount certified under former section 3317.029 of  18,140       

the Revised Code may pay such agreed amount, if the agreement      18,141       

expressly states the intention of the parties not to be bound by   18,142       

such limitation if so permitted by law.                            18,143       

      Section 4.29.  Private Treatment Facility Pilot Project      18,145       

      (A)  As used in this section:                                18,147       

      (1)  The following are "participating residential treatment  18,149       

centers":                                                                       

      (a)  Private residential treatment facilities which have     18,151       

entered into a contract with the Ohio Department of Youth          18,152       

Services to provide services to children placed at the facility    18,153       

by the department and which, in fiscal year 2000 or 2001 or both,  18,155       

the department pays through appropriation item 470-401, Care and   18,156       

Custody;                                                                        

      (b)  Abraxas, in Shelby;                                     18,158       

      (c)  Paint Creek, in Bainbridge;                             18,160       

      (d)  Act One, in Akron;                                      18,162       

      (e)  Friars Club, in Cincinnati.                             18,164       

      (2)  "Education program" means an elementary or secondary    18,166       

education program or a special education program and related       18,167       

services.                                                          18,168       

      (3)  "Served child" means any child receiving an education   18,170       

program pursuant to division (B) of this section.                  18,171       

      (4)  "School district responsible for tuition" means a       18,173       

city, exempted village, or local school district that, if tuition  18,174       

payment for a child by a school district is required under law     18,175       

that existed in fiscal year 1998, is the school district required  18,177       

to pay that tuition.                                                            

      (5)  "Residential child" means a child who resides in a      18,179       

participating residential treatment center and who is receiving    18,180       

                                                          392    


                                                                 
an educational program under division (B) of this section.         18,181       

      (B)  A youth who is a resident of the state and has been     18,184       

assigned by a juvenile court or other authorized agency to a       18,185       

residential treatment facility specified in division (A) of this   18,186       

section shall be enrolled in an approved educational program                    

located in or near the facility.  Approval of the educational      18,188       

program shall be contingent upon compliance with the criteria      18,189       

established for such programs by the Department of Education.      18,190       

The educational program shall be provided by a school district or  18,192       

educational service center, or by the residential facility         18,193       

itself.  Maximum flexibility shall be given to the residential     18,194       

treatment facility to determine the provider.  In the event that   18,195       

a voluntary agreement cannot be reached and the residential        18,196       

facility does not choose to provide the educational program, the   18,197       

educational service center in the county in which the facility is  18,198       

located shall provide the educational program at the treatment     18,199       

center to children under the age of twenty-two years residing in   18,200       

the treatment center.                                                           

      (C)  Any school district responsible for tuition for a       18,203       

residential child shall, notwithstanding any conflicting           18,204       

provision of the Revised Code regarding tuition payment, pay       18,205       

tuition for the child for fiscal years 2000 and 2001 to the        18,206       

education program provider and in the amount specified in this     18,207       

division.  If there is no school district responsible for tuition  18,208       

for a residential child and if the participating residential       18,209       

treatment center to which the child is assigned is located in the  18,210       

city, exempted village, or local school district that, if the      18,211       

child were not a resident of that treatment center, would be the   18,212       

school district where the child is entitled to attend school       18,213       

under sections 3313.64 and 3313.65 of the Revised Code, that       18,214       

school district shall, notwithstanding any conflicting provision   18,215       

of the Revised Code, pay tuition for the child for fiscal years    18,216       

2000 and 2001 under this division unless that school district is   18,217       

providing the educational program to the child under division (B)  18,218       

                                                          393    


                                                                 
of this section.                                                                

      A tuition payment under this division shall be made to the   18,220       

school district, educational service center, or residential        18,221       

treatment facility providing the educational program to the        18,222       

child.                                                             18,223       

      The amount of tuition paid shall be:                         18,225       

      (1)  The amount of tuition determined for the district       18,227       

under division (A) of section 3317.08 of the Revised Code;         18,228       

      (2)  In addition, for any student receiving special          18,230       

education pursuant to an individualized education program as       18,231       

defined in section 3323.01 of the Revised Code, a payment for      18,232       

excess costs.  This payment shall equal the actual cost to the     18,233       

school district, educational service center, or residential                     

treatment facility of providing special education and related      18,234       

services to the student pursuant to the student's individualized   18,235       

education program, minus the tuition paid for the child under      18,236       

division (C)(1) of this section.                                   18,237       

      A school district paying tuition under this division shall   18,239       

not include the child for whom tuition is paid in the district's   18,240       

average daily membership certified under division (A) of section   18,241       

3317.03 of the Revised Code.                                                    

      (D)  In each of fiscal years 2000 and 2001, the Department   18,243       

of Education shall reimburse, from appropriations made for the     18,244       

purpose, a school district, educational service center, or         18,245       

residential treatment facility, whichever is providing the         18,246       

service, which has demonstrated that it is in compliance with the  18,247       

funding criteria for each served child for whom a school district  18,248       

must pay tuition under division (C) of this section.  The amount   18,249       

of this reimbursement in either fiscal year shall be the formula   18,251       

amount specified in section 3317.022 of the Revised Code except    18,252       

that the department shall proportionately reduce this              18,253       

reimbursement if sufficient funds are not available to pay this    18,254       

amount to all qualified providers.                                              

      (E)  Funds provided to a school district, educational        18,256       

                                                          394    


                                                                 
service center, or residential treatment facility under this       18,257       

section shall be used to supplement, not supplant, funds from      18,258       

other public sources for which the school district, service        18,260       

center, or residential treatment facility is entitled or           18,261       

eligible.                                                                       

      (F)  The Department of Education shall track the             18,263       

utilization of funds provided to school districts, educational     18,265       

service centers, and residential treatment facilities under this   18,266       

section and monitor the effect of the funding on the educational   18,267       

programs they provide in participating residential treatment       18,268       

facilities.  The department shall monitor the programs for                      

educational accountability.                                        18,269       

      Section 4.30.  School District Participation in National     18,271       

Assessment of Education Progress                                   18,272       

      The General Assembly intends for the Superintendent of       18,274       

Public Instruction to provide for school district participation    18,275       

in the administration of the National Assessment of Education      18,277       

Progress in fiscal years 2000 and 2001 in accordance with section  18,278       

3301.27 of the Revised Code.                                                    

      Section 4.31.  Notwithstanding Chapter 3318. of the Revised  18,281       

Code, for purposes of complying with the local share and                        

repayment tax requirements of section 3318.05 of the Revised       18,282       

Code, any school district given conditional approval for           18,283       

classroom facilities assistance under section 3318.04 of the       18,284       

Revised Code as of January 1, 1993, that approved a replacement    18,285       

permanent improvement levy at the November 5, 1996, election       18,286       

shall be permitted to use the proceeds of such levy, and any       18,287       

notes issued or to be issued in anticipation thereof, as           18,288       

available funds, within the meaning specified under section        18,289       

3318.03 of the Revised Code, to pay the local share of the cost    18,290       

of the approved classroom facilities project.  Notwithstanding     18,291       

the local share as previously determined for purposes of the       18,292       

conditional approval of the project, the local share shall be      18,293       

equal to the amount of proceeds to be obtained by the district     18,294       

                                                          395    


                                                                 
under such replacement permanent improvement levy.  Such school    18,295       

districts shall not be required to obtain approval of either of    18,296       

the propositions described in divisions (A) or (B) of section      18,297       

3318.051 of the Revised Code.  The agreement required under        18,298       

section 3318.08 of the Revised Code for the construction and sale  18,300       

of the project shall include provisions for the transfer of the    18,301       

proceeds of the replacement permanent improvement levy, and any    18,302       

notes issued in anticipation thereof, to the school district's     18,303       

project construction account, and for the levy of the replacement  18,304       

permanent improvement levy.                                                     

      Section 4.32.  Study of EDFLEX ACT                           18,306       

      Staff members from the Legislative Service Commission, the   18,308       

Legislative Budget Office of the Legislative Service Commission,   18,309       

and the Legislative Office of Education Oversight shall jointly    18,310       

study the Department of Education's current pilot implementation   18,311       

of the federal "EDFLEX" concept and the new opportunities and      18,312       

options now available under the federal EDFLEX Act.  The study                  

shall also examine and recommend courses of action on how duties,  18,313       

responsibilities, and funding could best be redivided between the  18,314       

state and school districts under the law and what federal          18,315       

regulations or other requirements might be lessened or abolished.  18,316       

In making recommendations, the authors shall utilize information   18,317       

and recommendations from the department's reorganization review.                

The report to the leaders of the Ohio House of Representatives     18,318       

and the Ohio Senate and the education committee chairs and         18,320       

ranking minority members of the two chambers shall be completed                 

one year after the federal regulations on the federal EDFLEX Act   18,321       

are promulgated, but no later than November 15, 2000.              18,322       

      Section 4.33.  Statewide Study of Professional Development   18,325       

Delivery                                                                        

      The Legislative Office of Education Oversight shall conduct  18,327       

a statewide assessment of professional development in the state.   18,328       

The assessment shall include, but not be limited to, the           18,329       

following:                                                                      

                                                          396    


                                                                 
      (A)  An examination of how professional development funds    18,331       

are spent;                                                                      

      (B)   A study of the types of professional development       18,333       

programs funded with state moneys;                                 18,335       

      (C)  A study of the role of local professional development   18,337       

committees, established under section 3319.22 of the Revised       18,338       

Code, in determining the expenditure of professional development   18,339       

moneys;                                                                         

      (D)  A study of whether Ohio school districts are using the  18,341       

professional development strategies most likely to be effective    18,342       

in improving student achievement.                                  18,343       

      The study shall encompass all facets of professional         18,345       

development, including the role of higher education in assisting   18,347       

with inservice training for veteran educators.                     18,348       

      The study shall be completed and presented to the General    18,350       

Assembly and the Governor not later than November 15, 2000.        18,351       

      Section 4.34.  The Superintendent of Public Instruction      18,353       

shall contract with an independent research entity to develop a    18,354       

methodology and research design for an evaluation of the pilot     18,356       

project approved pursuant to section 3313.975 of the Revised       18,357       

Code.  The independent research entity shall consult with the      18,358       

Legislative Office of Education Oversight in the development of                 

the methodology and research for the evaluation.  The evaluation   18,359       

shall consist of two parts.  The first part shall be a formative   18,360       

evaluation examining the implementation of the program, which      18,361       

shall be completed by December 31, 1997.  The second part shall    18,362       

be a comprehensive evaluation of the results of the program,       18,363       

which shall be completed by September 1, 1999.  The comprehensive  18,365       

evaluation shall include at a minimum a study of the impact of                  

scholarships on student attendance, conduct, commitment to         18,366       

education, and standardized test scores; parental involvement;     18,367       

the school district's ability to provide services to district      18,368       

students; and the availability of alternative educational          18,369       

opportunities.  The evaluation shall also study the economic       18,370       

                                                          397    


                                                                 
impact of scholarships on the school district.                     18,371       

      Section 4.35.  Prior to October 1, 2000, the Superintendent  18,373       

of Public Instruction shall submit a report to the chairpersons    18,375       

of the committees of the House of Representatives and the Senate   18,376       

that consider education legislation, making recommendations about  18,377       

the Pilot Project Scholarship Program and funding levels for       18,378       

scholarships for the ensuing biennium.  If the superintendent      18,379       

requests any input prior to making such report, the                18,380       

superintendent shall include representatives of private schools    18,381       

and private providers of instructional services among those whose  18,382       

input is sought.                                                                

      Section 5.  HEF  HIGHER EDUCATIONAL FACILITY COMMISSION      18,384       

Agency Fund Group                                                  18,386       

461 372-601 Operating Expenses    $       12,000 $       12,000    18,391       

TOTAL AGY Agency Fund Group       $       12,000 $       12,000    18,394       

TOTAL ALL BUDGET FUND GROUPS      $       12,000 $       12,000    18,397       

      Section 6.  LOT  STATE LOTTERY COMMISSION                    18,400       

State Lottery Fund Group                                           18,402       

044 950-100 Personal Services     $   22,754,332 $   23,095,613    18,407       

044 950-200 Maintenance           $   24,644,625 $   25,296,625    18,411       

044 950-300 Equipment             $    3,841,880 $    3,274,320    18,415       

044 950-402 Game and Advertising                                   18,417       

            Contracts             $   63,542,098 $   64,378,735    18,419       

044 950-601 Prizes, Bonuses, and                                   18,421       

            Commissions           $  173,555,000 $  172,025,000    18,423       

871 950-602 Annuity Prizes        $  180,660,880 $  190,243,265    18,427       

872 950-603 Unclaimed Prize                                        18,429       

            Awards                $   14,500,000 $   10,700,000    18,431       

TOTAL SLF State Lottery Fund                                       18,432       

   Group                          $  483,498,815 $  489,013,558    18,435       

TOTAL ALL BUDGET FUND GROUPS      $  483,498,815 $  489,013,558    18,438       

      Operating Expenses                                           18,441       

      The foregoing appropriation items include all amounts        18,443       

necessary for the purchase and printing of tickets, consultant     18,444       

                                                          398    


                                                                 
services, and advertising.  The Controlling Board may, at the      18,445       

request of the State Lottery Commission, authorize additional      18,446       

appropriations for operating expenses of the State Lottery         18,447       

Commission from the State Lottery Fund up to a maximum of 15 per   18,448       

cent of anticipated total revenue accruing from the sale of        18,449       

lottery tickets.  Amounts authorized by the Controlling Board are  18,450       

hereby appropriated.                                               18,451       

      Prizes, Bonuses, and Commissions                             18,453       

      Any amounts, in addition to the amounts appropriated in      18,456       

appropriation item 950-601, Prizes, Bonuses, and Commissions,      18,457       

which are determined by the Director of the State Lottery                       

Commission to be necessary to fund prizes, bonuses, and            18,459       

commissions are hereby appropriated.                                            

      Annuity Prizes                                               18,461       

      With the approval of the Office of Budget and Management,    18,463       

the State Lottery Commission shall transfer cash from the State    18,464       

Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund    18,465       

(Fund 871), in an amount sufficient to fund deferred prizes.  The  18,466       

Treasurer of State shall, from time to time, credit the Deferred   18,467       

Prizes Trust Fund (Fund 871) the pro rata share of interest        18,468       

earned by the Treasurer of State on invested balances.             18,469       

      Any amounts, in addition to the amounts appropriated in      18,472       

appropriation item 950-602, Annuity Prizes, which are determined   18,473       

by the Director of the State Lottery Commission to be necessary    18,474       

to fund deferred prizes and interest earnings are hereby           18,476       

appropriated.                                                                   

      Public Sector Gaming Study                                   18,478       

      If the Director of the State Lottery Commission deems it in  18,480       

the best interest of the Ohio Lottery, the director is authorized  18,481       

to contribute up to $10,000 to help fund research projects         18,482       

concerning public-sector gaming.                                   18,483       

      Lottery Profit Review Commission                             18,485       

      There is hereby created the Lottery Profit Review            18,487       

Commission.  The commission shall contain nine voting members:     18,488       

                                                          399    


                                                                 
the Director of Budget and Management or the director's designee;  18,489       

the Executive Director of the Ohio Lottery Commission or the       18,490       

Executive Director's designee; a member appointed by the                        

Governor; three members of the Senate appointed by the President   18,491       

of the Senate; and three members of the House of Representatives   18,492       

appointed by the Speaker of the House of Representatives.  Not     18,493       

more than two members of each house shall be members of the same   18,494       

political party.  The commission shall perform a comprehensive                  

review of sales and profits including, but not limited to, the     18,495       

long-term fiscal commitment to education from the Ohio Lottery     18,496       

Commission and shall issue a report to the Governor and the        18,497       

General Assembly not later than March 1, 2000.  Upon issuance of   18,498       

its report, the commission shall cease to exist.                                

      Section 7.  BOR  BOARD OF REGENTS                            18,500       

General Revenue Fund                                               18,502       

GRF 235-321 Operating Expenses    $    3,106,261 $    3,201,422    18,507       

GRF 235-401 Rental Payments to                                     18,509       

            the Ohio Public                                                     

            Facilities Commission $  365,552,000 $  377,490,000    18,511       

GRF 235-402 Sea Grants            $      299,940 $      299,940    18,515       

GRF 235-403 Math/Science Teaching                                  18,517       

            Improvement           $    2,200,000 $    1,700,000    18,519       

GRF 235-404 College Readiness                                      18,521       

            Initiatives           $    2,650,000 $    2,564,000    18,523       

GRF 235-406 Articulation and                                       18,525       

            Transfer              $    1,000,000 $    1,000,000    18,527       

GRF 235-408 Midwest Higher                                         18,529       

            Education Compact     $       75,000 $       75,000    18,531       

GRF 235-409 Information System    $    1,389,819 $    1,389,819    18,535       

GRF 235-414 State Grants and                                       18,537       

            Scholarship                                                         

            Administration        $    1,360,630 $    1,401,449    18,539       

GRF 235-415 Jobs Challenge        $    8,743,864 $   10,979,694    18,543       

GRF 235-417 Technology            $    4,000,000 $    4,000,000    18,547       

                                                          400    


                                                                 
GRF 235-418 Access Challenge      $   35,313,691 $   65,268,000    18,551       

GRF 235-420 Success Challenge     $   20,068,104 $   48,741,000    18,555       

GRF 235-451 Eminent Scholars      $            0 $    5,200,000    18,559       

GRF 235-454 Research Challenge    $   19,436,382 $   21,568,440    18,563       

GRF 235-455 Productivity                                           18,565       

            Improvement Challenge $    1,655,884 $    1,695,625    18,567       

GRF 235-474 AHEC Program Support  $    2,094,566 $    2,094,565    18,571       

GRF 235-477 Access Improvement                                     18,573       

            Projects              $    1,084,842 $    1,110,879    18,575       

GRF 235-501 Instructional Subsidy $1,591,259,165 $1,638,846,940    18,579       

GRF 235-502 Student Support                                        18,581       

            Services              $    1,033,059 $    1,057,853    18,583       

GRF 235-503 Ohio Instructional                                     18,585       

            Grants                $   87,800,000 $   98,031,000    18,587       

GRF 235-504 War Orphans'                                           18,589       

            Scholarships          $    4,152,934 $    4,517,037    18,591       

GRF 235-507 OhioLINK              $    6,947,761 $    7,668,731    18,595       

GRF 235-508 Air Force Institute                                    18,597       

            of Technology         $    3,500,000 $    3,500,000    18,599       

GRF 235-509 Displaced Homemakers  $      244,996 $      244,996    18,603       

GRF 235-510 Ohio Supercomputer                                     18,605       

            Center                $    4,834,416 $    4,932,218    18,607       

GRF 235-511 Cooperative Extension                                  18,609       

            Service               $   26,643,306 $   27,708,525    18,611       

GRF 235-513 OU Voinovich Center   $      375,000 $      375,000    18,615       

GRF 235-514 Central State                                          18,617       

            Supplement            $   10,244,956 $   10,744,956    18,619       

GRF 235-515 CWRU School of                                         18,621       

            Medicine              $    4,181,578 $    4,281,936    18,623       

GRF 235-518 Capitol Scholarship                                    18,625       

            Programs              $      250,000 $      250,000    18,627       

GRF 235-519 Family Practice       $    6,229,607 $    6,541,087    18,631       

GRF 235-520 Shawnee State                                          18,633       

            Supplement            $    2,969,965 $    2,824,000    18,635       

                                                          401    


                                                                 
GRF 235-521 OSU Glenn Institute   $      375,000 $      375,000    18,639       

GRF 235-524 Police and Fire                                        18,641       

            Protection            $      244,996 $      244,996    18,643       

GRF 235-525 Geriatric Medicine    $    1,062,139 $    1,087,630    18,647       

GRF 235-526 Primary Care                                           18,649       

            Residencies           $    3,016,605 $    3,167,435    18,651       

GRF 235-527 Ohio Aerospace                                         18,653       

            Institute             $    2,374,973 $    2,431,973    18,655       

GRF 235-530 Academic Scholarships $    8,000,000 $    8,000,000    18,659       

GRF 235-531 Student Choice Grants $   43,025,389 $   49,150,000    18,663       

GRF 235-534 Proprietary School                                     18,665       

            Choice Grants         $            0 $    2,250,000    18,667       

GRF 235-535 Agricultural Research                                  18,669       

            and Development                                                     

            Center                $   36,173,910 $   38,230,884    18,671       

GRF 235-536 Ohio State University                                  18,673       

            Clinical Teaching     $   15,621,369 $   15,996,281    18,675       

GRF 235-537 University of                                          18,677       

            Cincinnati Clinical                                                 

            Teaching              $   12,848,363 $   13,156,724    18,679       

GRF 235-538 Medical College of                                     18,681       

            Ohio at Toledo                                                      

            Clinical Teaching     $   10,014,602 $   10,254,953    18,683       

GRF 235-539 Wright State                                           18,685       

            University Clinical                                                 

            Teaching              $    4,865,290 $    4,982,057    18,687       

GRF 235-540 Ohio University                                        18,689       

            Clinical Teaching     $    4,703,423 $    4,816,305    18,691       

GRF 235-541 Northeastern Ohio                                      18,693       

            Universities College                                                

            of Medicine Clinical                                   18,694       

            Teaching              $    4,837,466 $    4,953,565    18,696       

GRF 235-543 OCPM Clinical Subsidy $      500,000 $      500,000    18,700       

                                                          402    


                                                                 
GRF 235-547 School of                                              18,702       

            International                                                       

            Business              $    1,743,637 $    1,743,637    18,704       

GRF 235-549 Part-time Student                                      18,706       

            Instructional Grants  $   12,308,500 $   12,677,750    18,708       

GRF 235-552 Capital Component     $    9,863,295 $    9,863,295    18,712       

GRF 235-553 Dayton Area Graduate                                   18,714       

            Studies Institute     $    3,765,832 $    3,856,212    18,716       

GRF 235-554 Priorities in                                          18,718       

            Graduate Education    $    3,464,704 $    3,553,437    18,720       

GRF 235-555 Library Depositories  $    2,400,000 $    2,000,000    18,724       

GRF 235-556 Ohio Academic                                          18,726       

            Resource Network      $    3,227,819 $    3,512,182    18,728       

GRF 235-558 Long-term Care                                         18,730       

            Research              $      318,371 $      318,371    18,732       

GRF 235-561 BGSU Canadian Studies                                  18,734       

            Center                $      167,642 $      167,642    18,736       

GRF 235-572 Ohio State University                                  18,738       

            Clinic Support        $    1,943,328 $    2,061,138    18,740       

GRF 235-583 Urban University                                       18,742       

            Programs              $    8,192,284 $    6,636,285    18,744       

GRF 235-585 Ohio University                                        18,746       

            Innovation Center     $       49,745 $       49,745    18,748       

GRF 235-587 Rural University                                       18,750       

            Projects              $    1,298,070 $    1,403,624    18,752       

GRF 235-588 Ohio Resource Center                                   18,754       

            for Mathematics,                                                    

            Science, and Reading  $      500,000 $    1,000,000    18,756       

GRF 235-595 International Center                                   18,758       

            for Water Resources                                                 

            Development           $      189,381 $      189,381    18,760       

GRF 235-596 Hazardous Materials                                    18,762       

            Program               $      244,996 $      244,996    18,764       

                                                          403    


                                                                 
GRF 235-599 National Guard                                         18,766       

            Tuition Grant Program $    9,539,575 $   13,842,740    18,768       

TOTAL GRF General Revenue Fund    $2,427,578,430 $2,584,022,350    18,771       

General Services Fund Group                                        18,774       

456 235-603 Publications          $       35,000 $       35,000    18,779       

TOTAL GSF General Services                                         18,780       

   Fund Group                     $       35,000 $       35,000    18,783       

Federal Special Revenue Fund Group                                 18,786       

3H2 235-608 Human Services                                         18,789       

            Project               $      974,506 $      761,000    18,791       

3N6 235-605 State Student                                          18,793       

            Incentive Grants      $    2,000,000 $    2,000,000    18,795       

3T0 235-610 NHSC Ohio Loan                                         18,797       

            Repayment             $      100,000 $      100,000    18,799       

312 235-609 Tech Prep             $      192,224 $      211,450    18,803       

312 235-631 Federal Grants        $    2,645,077 $    2,645,077    18,807       

TOTAL FED Federal Special Revenue                                  18,808       

   Fund Group                     $    5,911,807 $    5,717,527    18,811       

State Special Revenue Fund Group                                   18,814       

4E8 235-602 HEFC Administration   $       12,000 $       12,000    18,819       

4P4 235-604 Physician Loan                                         18,821       

            Repayment             $      396,255 $      396,255    18,823       

649 235-607 Ohio State University                                  18,825       

            Highway/Transportation                                 18,825       

            Research              $      500,000 $      500,000    18,828       

682 235-606 Nursing Loan Program  $      603,406 $      618,241    18,832       

TOTAL SSR State Special Revenue                                    18,833       

   Fund Group                     $    1,511,661 $    1,526,496    18,836       

TOTAL ALL BUDGET FUND GROUPS      $2,435,036,898 $2,591,301,373    18,839       

      Section 7.01.  Instructional Subsidy Formula                 18,842       

      As soon as practicable during each fiscal year of the        18,844       

1999-2001 biennium in accordance with instructions of the Ohio     18,845       

Board of Regents, each state-assisted institution of higher        18,846       

education shall report its actual enrollment to the Ohio Board of  18,847       

                                                          404    


                                                                 
Regents.                                                           18,848       

      The Ohio Board of Regents shall establish procedures         18,850       

required by the system of formulas set out below and for the       18,851       

assignment of individual institutions to categories described in   18,852       

the formulas.   The system of formulas establishes the manner in   18,853       

which aggregate expenditure requirements shall be determined for   18,854       

each of the three components of institutional operations.  In      18,855       

addition to other adjustments and calculations described below,    18,856       

the subsidy entitlement of an institution shall be determined by   18,857       

subtracting from the institution's aggregate expenditure           18,858       

requirements income to be derived from the local contributions     18,859       

assumed in calculating the subsidy entitlements.  The local        18,860       

contributions for purposes of determining subsidy support shall    18,861       

not limit the authority of the individual boards of trustees to    18,862       

establish fee levels.                                              18,863       

      The General Studies and Technical models shall be adjusted   18,865       

by the Board of Regents so that the share of state subsidy earned  18,866       

by those models is not altered by changes in the overall local     18,867       

share.   A lower-division fee differential shall be used to        18,868       

maintain the relationship that would have occurred between these   18,869       

models and the Baccalaureate models had an assumed share of        18,870       

thirty-seven per cent been funded.                                 18,871       

      In defining the number of full-time equivalent students for  18,873       

state subsidy purposes, the Ohio Board of Regents shall exclude    18,874       

all undergraduate students who are not residents of Ohio, except   18,875       

those charged in-state fees in accordance with reciprocity         18,876       

agreements made pursuant to section 3333.17 of the Revised Code.   18,877       

      (A)  Aggregate Expenditure Per Full-Time Equivalent Student  18,879       

      (1)  Instruction and Support Services                        18,881       

Model                                     FY 2000       FY 2001    18,884       

General Studies I                        $  3,680      $  3,762    18,886       

General Studies II                       $  4,060      $  4,305    18,888       

General Studies III                      $  5,141      $  5,259    18,890       

Technical I                              $  4,702      $  5,012    18,892       

                                                          405    


                                                                 
Technical III                            $  8,088      $  8,477    18,894       

Baccalaureate I                          $  6,301      $  6,611    18,896       

Baccalaureate II                         $  7,287      $  7,582    18,898       

Baccalaureate III                        $ 10,417      $ 10,574    18,900       

Masters and Professional I               $ 11,788      $ 12,300    18,902       

Masters and Professional II              $ 17,020      $ 17,558    18,904       

Masters and Professional III             $ 22,976      $ 23,214    18,906       

Doctoral I                               $ 19,495      $ 19,647    18,908       

Doctoral II                              $ 25,066      $ 25,840    18,910       

Medical I                                $ 27,250      $ 27,709    18,912       

Medical II                               $ 38,309      $ 39,323    18,914       

      (2)  Student Services                                        18,917       

      For this purpose full-time equivalent counts shall be        18,919       

weighted to reflect differences among institutions in the numbers  18,920       

of students enrolled on a part-time basis.                         18,921       

                                          FY 2000   FY 2001        18,923       

All Expenditure Models                      $ 556     $ 594        18,924       

      (B)  Plant Operation and Maintenance (POM)                   18,926       

      (1)  Determination of the Square-Foot Based POM Subsidy      18,928       

      Space undergoing renovation shall be funded at the rate      18,930       

allowed for storage space.                                         18,931       

      In the calculation of square footage for each campus,        18,933       

square footage shall be weighted to reflect differences in space   18,934       

utilization.                                                                    

      The space inventories for each campus shall be those         18,936       

determined in the fiscal year 1997 instructional subsidy,          18,937       

adjusted for changes attributable to the construction or           18,938       

renovation of facilities for which state appropriations were made  18,939       

or local commitments were made prior to January 1, 1995.                        

      Only fifty per cent of the space permanently taken out of    18,941       

operation in fiscal year 2000 or fiscal year 2001 that is not      18,942       

otherwise replaced by a campus shall be deleted from the fiscal    18,943       

year 1997 inventory.                                                            

      The square-foot based plant operation and maintenance        18,945       

                                                          406    


                                                                 
subsidy for each campus shall be determined as follows:            18,946       

      (a)  For each standard room type category shown below, the   18,948       

subsidy-eligible net assignable square feet (NASF) for each        18,949       

campus shall be multiplied by the following rates, and the         18,950       

amounts summed for each campus to determine the total gross        18,951       

square-foot based POM expenditure requirement:                                  

                                          FY 2000   FY 2001        18,953       

Classrooms                                  $5.18     $5.33        18,954       

Laboratories                                $6.45     $6.64        18,955       

Offices                                     $5.18     $5.33        18,956       

Audio Visual Data Processing                $6.45     $6.64        18,957       

Storage                                     $2.30     $2.36        18,958       

Circulation                                 $6.53     $6.72        18,959       

Other                                       $5.18     $5.33        18,960       

      (b)  The total gross square-foot POM expenditure             18,963       

requirement shall be allocated to models in proportion to          18,964       

full-time equivalent (FTE) enrollments as reported in enrollment   18,965       

data for all models except Doctoral I and Doctoral II.                          

      (c)  The amounts allocated to models in division (B)(1)(b)   18,967       

above shall be multiplied by the ratio of subsidy-eligible FTE     18,969       

students to total FTE students reported in each model, and the     18,970       

amounts summed for all models.  To this total amount shall be      18,971       

added an amount to support roads and grounds expenditures to                    

produce the total square-foot based POM subsidy.                   18,972       

      (2)  Determination of the Activity-Based POM Subsidy         18,974       

      (a)  The number of subsidy-eligible FTE students in each     18,976       

model shall be multiplied by the following rates for each campus   18,977       

for each fiscal year.                                                           

                                          FY 2000   FY 2001        18,980       

General Studies I                          $  488    $  488        18,982       

General Studies II                         $  563    $  584        18,984       

General Studies III                        $1,237    $1,217        18,986       

Technical I                                $  555    $  553        18,988       

Technical II                               $1,128    $1,175        18,990       

                                                          407    


                                                                 
Baccalaureate I                            $  641    $  655        18,992       

Baccalaureate II                           $1,067    $1,109        18,994       

Baccalaureate III                          $1,578    $1,598        18,996       

Masters & Professional I                   $  995    $1,022        18,998       

Masters & Professional II                  $1,742    $1,895        19,000       

Masters & Professional III                 $2,620    $2,614        19,002       

Doctoral I                                 $1,433    $1,382        19,004       

Doctoral II                                $2,502    $2,613        19,006       

Medical I                                  $2,389    $2,485        19,008       

Medical II                                 $3,458    $3,362        19,010       

      (b)  The sum of the products for each campus determined in   19,013       

division (B)(2)(a) for each fiscal year shall be weighted by a     19,015       

factor to reflect sponsored research activity and job-training     19,016       

related public services expenditures to determine the total        19,017       

activity-based POM subsidy.                                                     

      (C)  Calculation of Core Subsidy Entitlements and            19,019       

Adjustments                                                                     

      (1)  Calculation of Core Subsidy Entitlements                19,021       

      The calculation of the core subsidy entitlement shall        19,023       

consist of the following components:                               19,024       

      (a)  For each campus and for each fiscal year, the core      19,026       

subsidy entitlement shall be determined by multiplying the         19,027       

amounts listed above in divisions (A)(1) and (2) and (B)(2) less   19,029       

assumed local contributions, by (i) average subsidy-eligible       19,030       

full-time equivalents for the two-year period ending in the prior  19,031       

year for all models except Doctoral I and Doctoral II; and (ii)                 

average subsidy-eligible full-time equivalents for the five-year   19,033       

period ending in the prior year for all models except Doctoral I   19,034       

and Doctoral II.                                                                

      (b)  In calculating the core subsidy entitlements for        19,036       

Medical II models only, the board shall use the following count    19,037       

of full-time equivalent students in place of the two-year average  19,038       

and five-year average of subsidy-eligible students.                19,040       

      (i)  For those medical schools whose current year            19,042       

                                                          408    


                                                                 
enrollment is below the base enrollment, the Medical II full-time  19,043       

equivalent enrollment shall equal:  65 per cent of the base        19,044       

enrollment plus 35 per cent of the current year enrollment, where  19,045       

the base enrollment is:                                            19,046       

      The Ohio State University                   1010             19,048       

      University of Cincinnati                     833             19,049       

      Medical College of Ohio at                                   19,050       

         Toledo                                    650                          

      Wright State University                      433             19,051       

      Ohio University                              433             19,052       

      Northeastern Ohio Universities                               19,053       

         College of Medicine                       433                          

      (ii)  For those medical schools whose current year           19,056       

enrollment is equal to or greater than the base enrollment, the    19,057       

Medical II full-time equivalent enrollment shall equal the         19,058       

current enrollment.                                                19,059       

      (c)  For all FTE-based subsidy calculations involving        19,061       

all-terms FTE data, FTE-based allowances shall be converted from   19,062       

annualized to annual rates to ensure equity and consistency of     19,063       

subsidy determination.                                                          

      (d)  The Board of Regents shall compute the sum of the two   19,066       

calculations listed in division (C)(1)(a) above and use the                     

greater sum as the core subsidy entitlement.                       19,067       

      The POM subsidy for each campus shall equal the greater of   19,069       

the square-foot-based subsidy or the activity-based POM subsidy    19,070       

component of the core subsidy entitlement, except that the total   19,071       

activity-based POM subsidy shall not exceed 161 per cent of the    19,072       

square-foot based POM subsidy in fiscal year 2000 and shall not    19,074       

exceed 177 per cent of the square-foot-based subsidy in fiscal     19,075       

year 2001.                                                         19,076       

      (e)  In fiscal year 2000, no more than 10.94 per cent of     19,078       

the total instructional subsidy shall be reserved to implement     19,080       

the recommendations of the Graduate Funding Commission.  In        19,081       

fiscal year 2001, no more than 10.75 per cent of the total         19,082       

                                                          409    


                                                                 
instructional subsidy shall be reserved for this same purpose.     19,083       

It is the intent of the General Assembly that the doctoral         19,084       

reserve be reduced 0.25 percentage points each year thereafter     19,085       

until no more than 10.0 per cent of the total instructional        19,087       

subsidy is reserved to implement the recommendations of the                     

Graduate Funding Commission.  In fiscal year 2001, the Board of    19,088       

Regents shall reallocate 2 per cent of the reserve among the       19,090       

state-assisted universities on the basis of a quality review as                 

specified in the recommendations of the Graduate Funding           19,091       

Commission.                                                                     

      The amount so reserved shall be allocated to universities    19,093       

in proportion to their share of the total number of Doctoral I     19,094       

equivalent FTEs as calculated on an institutional basis using      19,095       

fiscal year 1998 annualized FTEs as adjusted to reflect the        19,096       

effects of doctoral review.  For the purposes of this                           

calculation, a doctoral equivalent FTE shall equal one Doctoral I  19,097       

FTE, or 1.5 Doctoral II FTEs.                                      19,098       

      (2)  Annual Guaranteed Funding Increase                      19,100       

      For the purposes of this section, for each year and for      19,102       

each campus "Challenge subsidies" shall equal the sum of the       19,103       

following allocations:                                                          

      (a)  Access Challenge, less amounts attributed to tuition    19,105       

restraint;                                                                      

      (b)  Research Challenge;                                     19,107       

      (c)  Priorities in Graduate Education;                       19,109       

      (d)  Success Challenge;                                      19,111       

      (e)  Jobs Challenge, less amounts earmarked for              19,113       

"strategically related industries."                                19,114       

      In addition to and after the other adjustments noted above,  19,116       

in fiscal year 2000 each campus shall have its subsidy adjusted    19,117       

to the extent necessary to provide an amount from the              19,118       

instructional subsidy and Challenge subsidies that is not less     19,119       

than 103 per cent of the sum of the instructional subsidy and the  19,120       

Challenge subsidies received by the campus in fiscal year 1999.    19,121       

                                                          410    


                                                                 
In fiscal year 2001 each campus shall have its subsidy adjusted    19,123       

to the extent necessary to provide an amount from the              19,124       

instructional subsidy and Challenge subsidies that is not less     19,125       

than 103 per cent of the sum of the instructional subsidy and the               

Challenge subsidies received by the campus in fiscal year 2000.    19,127       

      (3)  Capital Component Deduction                             19,129       

      After all other adjustments have been made, instructional    19,131       

subsidy earnings shall be reduced for each campus by the amount,   19,132       

if any, by which debt service charged in Am. H.B. No. 748 of the   19,133       

121st General Assembly and Am. Sub. H.B. No. 850 of the 122nd      19,135       

General Assembly for that campus exceeds that campus' capital      19,136       

component earnings.                                                             

      (D)  Reductions in Earnings                                  19,138       

      If total systemwide instructional subsidy earnings in any    19,140       

fiscal year exceed total appropriations available for such         19,141       

purposes, the Board of Regents shall proportionately reduce the    19,142       

instructional subsidy earnings for all campuses by a uniform       19,143       

percentage so that the systemwide sum equals available             19,144       

appropriations.                                                                 

      (E)  Exceptional Circumstances                               19,146       

      Adjustments may be made to instructional subsidy payments    19,148       

and other subsidies distributed by the Ohio Board of Regents to    19,149       

state-assisted colleges and universities for exceptional           19,150       

circumstances.  No adjustments for exceptional circumstances may   19,151       

be made without the recommendation of the chancellor and the       19,152       

approval of the Controlling Board.                                 19,153       

      Distribution of Instructional Subsidy                        19,155       

      The instructional subsidy payments to the institutions       19,157       

shall be in substantially equal monthly amounts during the fiscal  19,158       

year, unless otherwise determined by the Director of Budget and    19,159       

Management pursuant to the provisions of section 126.09 of the     19,160       

Revised Code.  Payments during the first six months of the fiscal  19,161       

year shall be based upon the instructional subsidy appropriation   19,162       

estimates made for the various institutions of higher education    19,163       

                                                          411    


                                                                 
according to the Ohio Board of Regents enrollment estimates.       19,164       

Payments during the last six months of the fiscal year shall be    19,165       

distributed after approval of the Controlling Board upon the       19,166       

request of the Ohio Board of Regents.                              19,167       

      Law School Subsidy                                           19,169       

      The instructional subsidy to state supported universities    19,171       

for students enrolled in law schools in fiscal year 2000 and       19,172       

fiscal year 2001 shall be calculated by using the number of        19,173       

subsidy eligible full-time equivalent law school students funded   19,174       

by state subsidy in fiscal year 1995 or the actual number of       19,175       

subsidy eligible full-time equivalent law school students at the                

institution in the fiscal year, whichever is less.                 19,176       

      Section 7.02.  Mission-Based Core Funding for Higher         19,178       

Education                                                                       

      Jobs Challenge                                               19,180       

      Funds appropriated to appropriation item 235-415, Jobs       19,182       

Challenge, shall be distributed to state-assisted community and    19,183       

technical colleges, regional campuses of state-assisted            19,184       

universities, and other organizationally distinct and              19,185       

identifiable member campuses of the EnterpriseOhio Network in      19,186       

support of noncredit job-related training.  In fiscal years 2000   19,188       

and 2001, $3,543,864 and $4,000,000, respectively, shall be                     

distributed to campuses in proportion to each campus' share of     19,190       

noncredit job-related training revenues received by all campuses   19,191       

for the previous fiscal year.  It is the intent of the General     19,192       

Assembly that this workforce development incentive component of    19,193       

the Jobs Challenge Program reward campus noncredit job-related     19,194       

training efforts in the same manner that the Research Challenge    19,195       

Program rewards campuses for their ability to obtain sponsored     19,196       

research revenues.                                                 19,197       

      In fiscal years 2000 and 2001, $2,700,000 and $2,781,000,    19,199       

respectively, shall be distributed equally to these same           19,200       

EnterpriseOhio Network campuses to fulfill a performance contract  19,201       

with the Ohio Board of Regents demonstrating their capability to   19,202       

                                                          412    


                                                                 
provide accessible and affordable training services to Ohio        19,203       

companies, and particularly to improve the business performance    19,204       

of smaller firms.                                                               

      In fiscal years 2000 and 2001, $2,500,000 and $4,198,694,    19,206       

respectively, shall be allocated to attract, develop, and retain   19,207       

companies strategically important to the state's economy through   19,208       

training and assessment services provided by EnterpriseOhio        19,209       

Network campuses.  These funds shall be used in conjunction with   19,210       

funds appropriated to the Department of Development in H.B. No.    19,211       

283 of the 123rd General Assembly for the purpose of attracting,   19,212       

developing, and retaining companies strategically important to     19,213       

the state's economy.  Strategically related industries and         19,214       

companies shall be selected by the Ohio Board of Regents and the   19,215       

Ohio Department of Development.                                    19,216       

      Access Challenge                                             19,218       

      In each fiscal year, the foregoing appropriation item        19,220       

235-418, Access Challenge, shall be distributed to Ohio's          19,221       

state-assisted access colleges and universities in proportion to   19,222       

each campus' share of full-time equivalent enrollments at the      19,223       

General Studies level as determined in the subsidy calculation     19,224       

process in the previous fiscal year.  For the purposes of this                  

allocation, "access campuses" includes state-assisted community    19,225       

colleges, state community colleges, technical colleges, Shawnee    19,226       

State University, Central State University, Cleveland State        19,227       

University, the regional campuses of state-assisted universities,  19,228       

and, where they are organizationally distinct and identifiable,    19,230       

the community-technical colleges located at the University of                   

Toledo, the University of Cincinnati, Youngstown State             19,231       

University, and the University of Akron.                           19,232       

      For the purposes of this calculation, Cleveland State        19,234       

University's share of full-time equivalent subsidy-eligible        19,235       

General Studies students shall equal its total full-time           19,236       

equivalent subsidy-eligible General Studies students multiplied    19,237       

by the ratio of the sum of full-time equivalent subsidy-eligible                

                                                          413    


                                                                 
General Studies students enrolled in the community-technical       19,238       

colleges at the University of Toledo, the University of            19,239       

Cincinnati, Youngstown State University, and the University of     19,240       

Akron divided by the sum of full-time equivalent subsidy-eligible  19,241       

General Studies students enrolled at those same four               19,242       

universities.  However, Cleveland State University shall not                    

receive less in each year of the 1999-2001 biennium than the       19,243       

amount received in fiscal year 1999.                               19,244       

      (A)  Of the total appropriation item 235-418, Access         19,246       

Challenge, $2,500,000 in fiscal year 2000 and $17,943,665 in       19,248       

fiscal year 2001 shall be used solely to restrain the growth of    19,249       

or reduce in-state undergraduate tuition and fees.                 19,250       

      (B)  Of the remaining appropriation of $32,813,691 in        19,252       

fiscal year 2000 and $47,324,335 in fiscal year 2001, 50 per cent  19,253       

of all new subsidies received by each campus in each fiscal year   19,254       

shall be used in combination with campus shares of the amounts     19,255       

determined in division (A) above to restrain the growth of or      19,256       

reduce in-state undergraduate tuition and fees.  For the purposes  19,257       

of this distribution, "new subsidies" in fiscal year 2000 shall    19,258       

equal a campus's share of the $32,813,691 allocation for fiscal    19,259       

year 2000 minus the campus-share of the $20,000,000 allocation     19,260       

distributed for this purpose by the Board of Regents from          19,261       

appropriations in Am. Sub. H.B. No. 215 of the 122nd General       19,262       

Assembly.  In fiscal year 2001, "new subsidies" shall equal a      19,263       

campus-share of the $47,324,335 allocation for fiscal year 2001    19,264       

minus the campus-share of the $32,813,691 allocation for fiscal    19,265       

year 2000.  In both fiscal years, negative differences between     19,266       

the current and previous year shall default to zero.               19,267       

      (C)  In each fiscal year, the statewide average fee          19,269       

restraint or reduction percentage shall be applied uniformly to    19,270       

all campuses receiving Access Challenge appropriations according   19,271       

to a methodology to be determined by the Board of Regents.  The    19,272       

approach determined by the Board of Regents shall restrain         19,273       

tuition increases to zero per cent in fiscal year 2000 and         19,275       

                                                          414    


                                                                 
achieve tuition reductions of five per cent in fiscal year 2001.   19,276       

      Success Challenge                                            19,278       

      The foregoing appropriation item 235-420, Success            19,280       

Challenge, shall be used by the Ohio Board of Regents to promote   19,281       

degree completion by students enrolled at a main campus of a       19,282       

state-assisted university.                                         19,283       

      In each fiscal year, two-thirds of the appropriations shall  19,285       

be distributed to state-assisted university main campuses in       19,286       

proportion to each campus' share of the total statewide            19,287       

bachelor's degrees granted by university main campuses to                       

"at-risk" students.  In fiscal year 2000 and fiscal year 2001, an  19,288       

"at-risk" student shall be defined to mean any undergraduate       19,289       

student who had received an Ohio Instructional Grant during the    19,290       

past ten years.  An eligible institution shall not receive its     19,291       

share of this distribution until it has submitted a plan that      19,292       

addresses how the subsidy will be used to better serve at-risk     19,293       

students and increase their likelihood of successful completion    19,294       

of a bachelor's degree program.  The Board of Regents shall        19,295       

disseminate to all state-supported institutions of higher          19,296       

education all such plans submitted by institutions that received   19,297       

Success Challenge funds.                                                        

      In each fiscal year, one-third of the appropriations shall   19,299       

be distributed to university main campuses in proportion to each   19,300       

campus' share of the total bachelor's degrees granted by           19,301       

university main campuses to undergraduate students who completed   19,302       

their bachelor's degrees in a "timely manner" in the previous      19,303       

fiscal year.  For the purposes of this section, "timely manner"                 

means the normal time it would take for a full-time                19,304       

degree-seeking undergraduate student to complete the student's     19,306       

degree.  Generally, for such students pursuing a bachelor's        19,307       

degree, "timely manner" means four years.  Exceptions to this      19,308       

general rule shall be permitted for students enrolled in programs  19,309       

specifically designed to be completed in a longer time period.     19,310       

The Board of Regents shall collect base-line data beginning with                

                                                          415    


                                                                 
the 1998-99 academic year to assess the timely completion          19,311       

statistics by university main campuses.                            19,312       

      Eminent Scholars Program                                     19,314       

      The foregoing appropriation item 235-451, Eminent Scholars,  19,316       

shall be used by the Ohio Board of Regents to establish an Ohio    19,318       

Eminent Scholars Program, the purpose of which is to invest        19,319       

educational resources to address problems that are of vital                     

statewide significance while fostering the growth in eminence of   19,320       

Ohio's academic programs.  Endowment grants of $750,000 to state   19,321       

colleges and universities and nonprofit Ohio institutions of       19,323       

higher education holding certificates of authorization issued      19,324       

under section 1713.02 of the Revised Code to match endowment       19,325       

gifts from nonstate sources may be made in accordance with a plan  19,326       

established by the Ohio Board of Regents.  Matching gifts in       19,327       

science and technology programs shall be $750,000, and in all      19,328       

other program areas, $500,000.  The grants shall have as their     19,329       

purpose attracting and sustaining in Ohio scholar-leaders of       19,330       

national or international prominence who will assist the state in  19,331       

one of the following three areas:  (1) improving the state's       19,332       

economic development; (2) strengthening the state's system of      19,333       

K-12 education; or (3) improving public health and safety.  Such   19,334       

scholar-leaders shall, among their duties, share broadly the       19,335       

benefits and knowledge unique to their field of scholarship to     19,336       

the betterment of Ohio and its people.                                          

      Research Challenge                                           19,338       

      The foregoing appropriation item 235-454, Research           19,340       

Challenge, shall be used to enhance the basic research             19,341       

capabilities of public colleges and universities and accredited    19,342       

Ohio institutions of higher education holding certificates of      19,343       

authorization issued pursuant to section 1713.02 of the Revised    19,344       

Code, in order to strengthen the academic research for pursuing    19,345       

Ohio's economic redevelopment goals.  The Ohio Board of Regents,   19,346       

in consultation with the colleges and universities, shall          19,347       

administer the Research Challenge Program and utilize a means of   19,348       

                                                          416    


                                                                 
matching, on a fractional basis, external funds attracted in the   19,349       

previous year by institutions for basic research.  The program     19,350       

may include incentives for increasing the amount of external       19,351       

research funds coming to such eligible institutions and for        19,352       

focusing research efforts upon critical state needs.  Colleges     19,353       

and universities shall submit for review and approval to the Ohio  19,354       

Board of Regents plans for the institutional allocation of state   19,355       

dollars received through this program.  Such institutional plans   19,356       

shall provide the rationale for the allocation in terms of the     19,357       

strategic targeting of funds for academic and state purposes, for  19,358       

strengthening research programs, and for increasing the amount of  19,359       

external research funds, and shall include an evaluation process   19,360       

to provide results of the increased support.  It is the intent of  19,361       

the General Assembly that increases in funding for appropriation   19,362       

item 235-454, Research Challenge, in the 1999-2001 biennium, over  19,363       

the 1993-1995 biennium levels, be used by campuses as              19,364       

unrestricted funding for research, in the same way that            19,365       

Instructional Subsidy allocations are used.                        19,366       

      The Ohio Board of Regents shall submit a biennial report of  19,368       

progress to the General Assembly.                                  19,369       

      Priorities in Graduate Education                             19,371       

      The foregoing appropriation item 235-554, Priorities in      19,373       

Graduate Education, shall be used by the Ohio Board of Regents to  19,374       

support improvements in graduate programs in computer science at   19,375       

state-assisted universities.  In each fiscal year, up to $200,000  19,376       

may be used to support collaborative efforts in graduate                        

education in this program area.                                    19,377       

      Section 7.03.  Higher Education--Board of Trustees           19,379       

      Funds appropriated for instructional subsidies at colleges   19,381       

and universities may be used to provide such branch or other       19,382       

off-campus undergraduate courses of study and such master's        19,383       

degree courses of study as may be approved by the Ohio Board of    19,384       

Regents.                                                           19,385       

      In providing instructional and other services to students,   19,387       

                                                          417    


                                                                 
boards of trustees of state-assisted institutions of higher        19,388       

education shall supplement state subsidies by income from charges  19,389       

to students.  Each board shall establish the fees to be charged    19,390       

to all students, including an instructional fee for educational    19,391       

and associated operational support of the institution and a                     

general fee for noninstructional services, including locally       19,392       

financed student services facilities used for the benefit of       19,393       

enrolled students.  The instructional fee and the general fee      19,394       

shall encompass all charges for services assessed uniformly to     19,395       

all enrolled students.  Each board may also establish special      19,396       

purpose fees, service charges, and fines as required; such                      

special purpose fees and service charges shall be for services or  19,397       

benefits furnished individual students or specific categories of   19,398       

students and shall not be applied uniformly to all enrolled        19,399       

students.  A tuition surcharge shall be paid by all students who   19,400       

are not residents of Ohio.                                                      

      The board of trustees of a state-assisted institution of     19,402       

higher education shall not authorize a waiver or nonpayment of     19,403       

instructional fees nor general fees for any particular student or  19,404       

any class of students other than waivers specifically authorized   19,405       

by law or approved by the chancellor.  This prohibition is not     19,406       

intended to limit the authority of boards of trustees to provide   19,407       

for payments to students for services rendered the institution,    19,408       

nor to prohibit the budgeting of income for staff benefits or for  19,409       

student assistance in the form of payment of such instructional    19,410       

and general fees.                                                  19,411       

      Each state-assisted institution of higher education in its   19,413       

statement of charges to students shall separately identify the     19,414       

instructional fee, the general fee, the tuition charge, and the    19,415       

tuition surcharge.  Fee charges to students for instruction shall  19,416       

not be considered to be a price of service but shall be            19,417       

considered to be an integral part of the state government          19,418       

financing program in support of higher educational opportunity     19,419       

for students.                                                      19,420       

                                                          418    


                                                                 
      In providing the appropriations in support of instructional  19,422       

services at state-assisted institutions of higher education and    19,423       

the appropriations for other instruction it is the intent of the   19,424       

General Assembly that faculty members shall devote a proper and    19,425       

judicious part of their work week to the actual instruction of     19,426       

students.  Total class credit hours of production per quarter per  19,427       

full-time faculty member is expected to meet the standards set     19,428       

forth in the budget data submitted by the Ohio Board of Regents.   19,429       

      No state-assisted college or university shall contract       19,431       

additional debt to finance additional student housing or permit    19,432       

the construction of additional student housing on land owned or    19,433       

leased by such institution without the approval of the Board of    19,434       

Regents.  In granting or denying approval, the board shall         19,435       

consider demographic projections and established service           19,436       

districts, as well as the current strength of enrollment patterns  19,437       

throughout the state and in the public and private institutions    19,438       

that have historically drawn students from the same markets as     19,439       

the institution requesting additional housing.  The board shall    19,440       

also consider statewide dormitory occupancy patterns and any debt  19,441       

burden that would be incurred by the institution.   The board      19,442       

shall monitor demographic trends and shall recommend that the      19,443       

General Assembly modify this section when there is no longer a     19,444       

significant risk of future enrollment decline.                     19,445       

      The board shall have no authority to prohibit the            19,447       

construction of privately financed housing constructed on land     19,448       

that is not owned or leased by the institution, even if the        19,449       

institution has entered or intends to enter into some type of      19,450       

contractual agreement with the developers or owners of such        19,451       

housing.                                                           19,452       

      The authority of government vested by law in the boards of   19,454       

trustees of state-assisted institutions of higher education shall  19,455       

in fact be exercised by those boards.  Boards of trustees may      19,456       

consult extensively with appropriate student and faculty groups.   19,458       

Administrative decisions about the utilization of available        19,459       

                                                          419    


                                                                 
resources, about organizational structure, about disciplinary      19,460       

procedure, about the operation and staffing of all auxiliary       19,461       

facilities, and about administrative personnel shall be the        19,462       

exclusive prerogative of boards of trustees.  Any delegation of    19,463       

authority by a board of trustees in other areas of responsibility  19,464       

shall be accompanied by appropriate standards of guidance          19,465       

concerning expected objectives in the exercise of such delegated   19,466       

authority and shall be accompanied by periodic review of the       19,467       

exercise of this delegated authority to the end that the public    19,468       

interest, in contrast to any institutional or special interest,    19,469       

shall be served.                                                                

      Section 7.04.  Medical School Subsidies                      19,471       

      The foregoing appropriation item 235-515, CWRU School of     19,473       

Medicine, shall be disbursed to Case Western Reserve University    19,474       

through the Ohio Board of Regents in accordance with agreements    19,475       

entered into as provided for by section 3333.10 of the Revised     19,476       

Code, provided that the state support per full-time medical        19,477       

student shall not exceed that provided to full-time medical        19,478       

students at state universities.                                    19,479       

      The foregoing appropriation items 235-536, Ohio State        19,481       

University Clinical Teaching; 235-537, University of Cincinnati    19,483       

Clinical Teaching; 235-538, Medical College of Ohio at Toledo      19,484       

Clinical Teaching; 235-539, Wright State University Clinical       19,485       

Teaching; 235-540, Ohio University Clinical Teaching; and          19,486       

235-541, Northeastern Ohio Universities College of Medicine        19,487       

Clinical Teaching, shall be distributed through the Ohio Board of  19,488       

Regents.                                                                        

      The foregoing appropriation item 235-572, OSU Clinic         19,490       

Support, shall be distributed through the Ohio Board of Regents    19,491       

to The Ohio State University for support of dental and veterinary  19,492       

medicine clinics.                                                  19,493       

      The Ohio Board of Regents shall develop plans consistent     19,495       

with existing criteria and guidelines as may be required for the   19,496       

distribution of appropriation items 235-519, Family Practice,      19,497       

                                                          420    


                                                                 
235-525, Geriatric Medicine, and 235-526, Primary Care             19,498       

Residencies.                                                       19,499       

      Of the foregoing appropriation item 235-539, Wright State    19,501       

University Clinical Teaching, $160,000 in each fiscal year shall   19,503       

be for the use of Wright State University's Ellis Institute for    19,504       

Clinical Teaching Studies to operate the clinical facility to      19,505       

serve the Greater Dayton area.                                     19,506       

      Performance Standards for Medical Education                  19,508       

      The Ohio Board of Regents, in consultation with the          19,510       

state-assisted medical colleges, shall develop performance         19,512       

standards for medical education.  Special emphasis in the          19,514       

standards shall be placed on attempting to ensure that at least    19,515       

50 per cent of the aggregate number of students enrolled in        19,516       

state-assisted medical colleges continue to enter residency as     19,517       

primary care physicians.  Primary care physicians are defined as   19,519       

general family practice physicians, general internal medicine      19,522       

practitioners, and general pediatric care physicians.  The Board   19,525       

of Regents shall be responsible for monitoring medical school      19,526       

performance in relation to their plans for reaching the 50 per     19,527       

cent systemwide standard for primary care physicians.              19,528       

      The foregoing appropriation item 235-526, Primary Care       19,530       

Residencies, shall be distributed in each fiscal year of the       19,531       

biennium based on whether the institution has submitted and        19,533       

gained approval for a plan.  If the institution does not have an                

approved plan then it shall receive five per cent less funding     19,534       

per student than it would have received from its annual            19,535       

allocation.  The remaining funding shall be distributed among      19,536       

those institutions that meet or exceed their targets.              19,537       

      Area Health Education Centers                                19,539       

      The foregoing appropriation item 235-474, AHEC Program       19,541       

Support, shall be used by the Ohio Board of Regents to support     19,542       

the medical school regional AHECs' educational programs for the    19,543       

continued support of medical and other health professions          19,544       

education and for support of the Area Health Education Center      19,545       

                                                          421    


                                                                 
program.                                                           19,546       

      Of the foregoing appropriation item 235-474, AHEC Program    19,548       

Support, $200,000 in each fiscal year shall be disbursed to the    19,549       

Ohio University College of Osteopathic Medicine for the            19,550       

establishment of a mobile health care unit to serve the            19,551       

southeastern area of the state.  Of the foregoing appropriation    19,552       

item 235-474, AHEC Program Support, $150,000 in each fiscal year   19,553       

shall be used to support the Ohio Valley Community Health          19,554       

Information Network (OVCHIN) pilot project.                        19,555       

      Section 7.05.  Midwest Higher Education Compact              19,557       

      The foregoing appropriation item 235-408, Midwest Higher     19,559       

Education Compact, shall be distributed by the Ohio Board of       19,560       

Regents pursuant to section 3333.40 of the Revised Code.           19,561       

      College Readiness Initiatives                                19,563       

      Appropriation item 235-404, College Readiness Initiatives,   19,565       

shall be used by the Board of Regents in support of programs       19,567       

designed to improve the ability of high school students to enroll  19,569       

and succeed in higher education.  These programs shall include,    19,570       

but not be limited to, the following:  the continued                            

administration of the Early English Composition Assessment         19,571       

portion of the postsecondary readiness testing program, the        19,572       

implementation of the State Higher Education Remediation Advisory  19,573       

Commission report, and the creation of a statewide outreach        19,574       

effort to promote the availability, need, and affordability of a   19,575       

college education.                                                              

      Mathematics and Science Teaching Improvement                 19,577       

      Appropriation item 235-403, Math/Science Teaching            19,579       

Improvement, shall be used by the Board of Regents in support of   19,581       

programs designed to raise the quality of mathematics and science  19,582       

teaching in primary and secondary education.  Of these amounts,    19,583       

$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  19,584       

in fiscal year 2001 shall be reserved for Project Discovery.       19,585       

      Technology                                                   19,587       

                                                          422    


                                                                 
      Appropriation item 235-417, Technology, shall be used by     19,589       

the Board of Regents to support the continued implementation of    19,590       

the Ohio Learning Network, a statewide electronic collaborative    19,591       

effort designed to promote degree completion of students,          19,592       

workforce training of employees, and professional development      19,593       

through the use of advanced telecommunications and distance                     

education initiatives.                                             19,594       

      Displaced Homemakers                                         19,596       

      Of the foregoing appropriation item 235-509, Displaced       19,598       

Homemakers, the Ohio Board of Regents shall continue funding       19,599       

pilot projects authorized in Am. Sub. H.B. No. 291 of the 115th    19,600       

General Assembly for the following centers:  Cuyahoga Community    19,601       

College, University of Toledo, Southern State Community College,   19,602       

and Stark Technical College.  The amount of $30,000 in each        19,603       

fiscal year shall be used for the Baldwin-Wallace Single Parents   19,604       

Reaching Out for Unassisted Tomorrows program.                     19,605       

      Ohio Aerospace Institute                                     19,607       

      The foregoing appropriation item 235-527, Ohio Aerospace     19,609       

Institute, shall be distributed by the Ohio Board of Regents       19,610       

pursuant to section 3333.042 of the Revised Code.                  19,611       

      Productivity Improvement Challenge                           19,613       

      The foregoing appropriation item 235-455, Productivity       19,615       

Improvement Challenge, shall be allocated by the Ohio Board of     19,616       

Regents to continue increasing the capabilities of Business and    19,618       

Industry Training Centers at Ohio's two-year college and           19,619       

university regional campuses to meet the varied training needs of               

Ohio enterprises.  Funds shall be available for capacity building  19,620       

projects and activities developed through the Enterprise Ohio      19,621       

Network of Business and Industry Training Centers.  The Regents    19,622       

Advisory Committee for Workforce Development, in its advisory      19,623       

role, shall assist in the development of plans and activities.     19,625       

      Of the foregoing appropriation item 235-455, Productivity    19,627       

Improvement Challenge, $208,000 in each fiscal year shall be used  19,629       

by the Dayton Business/Sinclair College Jobs Profiling Program.                 

                                                          423    


                                                                 
      Access Improvement Projects                                  19,631       

      The foregoing appropriation item 235-477, Access             19,633       

Improvement Projects, shall be used by the Ohio Board of Regents   19,634       

to develop innovative statewide strategies to increase student     19,635       

access and retention for specialized populations, and to provide   19,636       

for pilot projects that will contribute to improving access to     19,637       

higher education by specialized populations.  The funds may be     19,638       

used for projects that improve access for nonpublic secondary      19,639       

students.                                                          19,640       

      Of the foregoing appropriation item 235-477, Access          19,642       

Improvement Projects, $740,000 in each fiscal year shall be        19,643       

distributed to the Appalachian Center for Higher Education at      19,644       

Shawnee State University.  The Board of Directors of the center    19,645       

shall be comprised of the presidents of Shawnee State University,  19,646       

Ohio University, Belmont Technical College, Hocking Technical      19,647       

College, Jefferson Technical College, Muskingum Area Technical     19,648       

College, Rio Grande Community College, Southern State Community    19,649       

College, Washington State Community College, the dean of either    19,650       

the Salem or East Liverpool regional campuses of Kent State        19,651       

University, as designated by the President of Kent State           19,652       

University, and a representative of the Board of Regents           19,653       

designated by the chancellor.                                      19,654       

      Ohio Supercomputer Center                                    19,656       

      The foregoing appropriation item 235-510, Ohio               19,658       

Supercomputer Center, shall be used by the Ohio Board of Regents   19,659       

to support the operation of the center, located at The Ohio State  19,660       

University, as a statewide resource available to Ohio research     19,662       

universities both public and private.  It is also intended that    19,663       

the center be made accessible to private industry as appropriate.  19,664       

Policies of the center shall be established by a governance        19,665       

committee, representative of Ohio's research universities and      19,666       

private industry, to be appointed by the Chancellor of the Ohio    19,667       

Board of Regents and established for this purpose.                 19,668       

      Ohio Academic Resources Network (OARNet)                     19,670       

                                                          424    


                                                                 
      The foregoing appropriation item 235-556, Ohio Academic      19,672       

Resource Network, shall be used to support the operations of the   19,674       

Ohio Academic Resources Network, which shall include support for   19,675       

Ohio's state-assisted colleges and universities in maintaining                  

and enhancing network connections.                                 19,676       

      Section 7.06.  Pledge of Fees*                               19,678       

      Any new pledge of fees, or new agreement for adjustment of   19,680       

fees, made in the 1999-2001 biennium to secure bonds or notes of   19,681       

a state-assisted institution of higher education for a project     19,682       

for which bonds or notes were not outstanding on the effective     19,683       

date of this section shall be effective only after approval by     19,684       

the Ohio Board of Regents, unless approved in a previous           19,685       

biennium.                                                                       

      Rental Payments to the Ohio Public Facilities Commission     19,688       

      The appropriations to the Ohio Board of Regents from the     19,690       

General Revenue Fund for the purposes of division (A) of section   19,691       

3333.13 of the Revised Code include the amounts necessary to meet  19,693       

all payments at the times required to be made during the period    19,694       

from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents  19,695       

to the Ohio Public Facilities Commission pursuant to leases and    19,696       

agreements made under section 154.21 of the Revised Code, as       19,697       

certified under division (C) of section 3333.13 of the Revised     19,698       

Code, but limited to the aggregate amount of $743,042,000                       

provided in appropriation item 235-401, Rental Payments to the     19,699       

Ohio Public Facilities Commission.  Nothing in this section shall  19,700       

be deemed to contravene the obligation of the state to pay,        19,701       

without necessity for further appropriation, from the source       19,702       

pledged thereto, the bond service charges on obligations issued    19,703       

pursuant to section 154.21 of the Revised Code.                    19,704       

      Section 7.07.  Ohio Instructional Grants                     19,706       

      Notwithstanding section 3333.12 of the Revised Code, in      19,708       

lieu of the tables in that section, instructional grants for all   19,709       

full-time students shall be made for fiscal year 2000 using the    19,710       

tables under this heading.                                         19,711       

                                                          425    


                                                                 
      The tables under this heading prescribe the maximum grant    19,713       

amounts covering two semesters, three quarters, or a comparable    19,714       

portion of one academic year.  The grant amount for a full-time    19,715       

student enrolled in an eligible institution for a semester or      19,716       

quarter in addition to the portion of the academic year covered    19,717       

by a grant determined under these tables shall be a percentage of  19,718       

the maximum prescribed in the applicable table.  The maximum       19,719       

grant for a fourth quarter shall be one-third of the maximum       19,720       

amount prescribed under the table.  The maximum grant for a third  19,721       

semester shall be one-half of the maximum amount prescribed under  19,722       

the table.                                                                      

      For a full-time student who is a dependent and enrolled in   19,725       

a nonprofit educational institution that is not a state-assisted   19,726       

institution and that has a certificate of authorization issued     19,727       

pursuant to Chapter 1713. of the Revised Code, the amount of the   19,728       

instructional grant for two semesters, three quarters, or a        19,729       

comparable portion of the academic year shall be determined in     19,731       

accordance with the following table:                                            

                    OHIO INSTRUCTIONAL GRANTS                      19,732       

               Private Institution Table of Grants                 19,733       

                                   Maximum Grant $4,644            19,735       

Gross Income                       Number of Dependents            19,736       

                       1        2        3        4       5 or     19,743       

                                                          more                  

Under $12,001        $4,644   $4,644   $4,644   $4,644   $4,644    19,751       

$12,001 - $13,000     4,182    4,644    4,644    4,644    4,644    19,757       

$13,001 - $14,000     3,708    4,182    4,644    4,644    4,644    19,763       

$14,001 - $15,000     3,246    3,708    4,182    4,644    4,644    19,769       

$15,001 - $16,000     2,790    3,246    3,708    4,182    4,644    19,775       

$16,001 - $17,000     2,328    2,790    3,246    3,708    4,182    19,781       

$17,001 - $20,000     1,854    2,328    2,790    3,246    3,708    19,787       

$20,001 - $23,000     1,368    1,854    2,328    2,790    3,246    19,793       

$23,001 - $26,000     1,146    1,368    1,854    2,328    2,790    19,799       

$26,001 - $29,000       924    1,146    1,368    1,854    2,328    19,805       

                                                          426    


                                                                 
$29,001 - $30,000       840      924    1,146    1,368    1,854    19,811       

$30,001 - $31,000       756      840      924    1,146    1,368    19,817       

$31,001 - $32,000       378      756      840      924    1,146    19,823       

$32,001 - $33,000       -0-      378      756      840      924    19,829       

$33,001 - $34,000       -0-      -0-      378      756      840    19,835       

$34,001 - $35,000       -0-      -0-      -0-      378      756    19,841       

$35,001 - $36,000       -0-      -0-      -0-      -0-      378    19,847       

Over $36,000            -0-      -0-      -0-      -0-      -0-    19,853       

      For a full-time student who is financially independent and   19,856       

enrolled in a nonprofit educational institution that is not a      19,857       

state-assisted institution and that has a certificate of           19,858       

authorization issued pursuant to Chapter 1713. of the Revised      19,859       

Code, the amount of the instructional grant for two semesters,     19,861       

three quarters, or a comparable portion of the academic year       19,862       

shall be determined in accordance with the following table:        19,863       

               Private Institution Table of Grants                 19,864       

                                   Maximum Grant $4,644            19,865       

Gross Income                       Number of Dependents            19,866       

                     0       1       2      3      4      5 or     19,873       

                                                          more                  

Under $3,901       $4,644  $4,644  $4,644 $4,644 $4,644   $4,644   19,882       

$3,901 - $4,500     4,182   4,644   4,644  4,644  4,644    4,644   19,889       

$4,501 - $5,000     3,708   4,182   4,644  4,644  4,644    4,644   19,896       

$5,001 - $5,500     3,246   3,708   4,182  4,644  4,644    4,644   19,903       

$5,501 - $6,000     2,790   3,246   3,708  4,182  4,644    4,644   19,910       

$6,001 - $6,500     2,328   2,790   3,246  3,708  4,182    4,644   19,917       

$6,501 - $7,500     1,854   2,328   2,790  3,246  3,708    4,182   19,924       

$7,501 - $8,500     1,368   1,854   2,328  2,790  3,246    3,708   19,931       

$8,501 - $9,500     1,146   1,368   1,854  2,328  2,790    3,246   19,938       

$9,501 - $11,000      924   1,146   1,368  1,854  2,328    2,790   19,945       

$11,001 - $12,500     840     924   1,146  1,368  1,854    2,328   19,952       

$12,501 - $14,000     756     840     924  1,146  1,368    1,854   19,959       

$14,001 - $15,500     378     756     840    924  1,146    1,368   19,966       

$15,501 - $18,500     -0-     378     756    840    924    1,146   19,973       

                                                          427    


                                                                 
$18,501 - $21,500     -0-     -0-     378    756    840      924   19,980       

$21,501 - $24,500     -0-     -0-     -0-    378    756      840   19,987       

$24,501 - $29,200     -0-     -0-     -0-    -0-    378      756   19,994       

$29,201 - $33,900     -0-     -0-     -0-    -0-    -0-      378   20,001       

Over $33,900          -0-     -0-     -0-    -0-    -0-      -0-   20,008       

      For a full-time student who is a dependent and enrolled in   20,011       

an educational institution that holds a certificate of             20,012       

registration from the State Board of Proprietary School            20,013       

Registration, the amount of the instructional grant for two        20,015       

semesters, three quarters, or a comparable portion of the          20,016       

academic year shall be determined in accordance with the                        

following table:                                                   20,017       

             Proprietary Institution Table of Grants               20,018       

                                   Maximum Grant $3,936            20,020       

Gross Income                       Number of Dependents            20,021       

                       1        2        3        4       5 or     20,029       

                                                          more                  

Under $12,001        $3,936   $3,936   $3,936   $3,936   $3,936    20,037       

$12,001 - $13,000     3,552    3,936    3,936    3,936    3,936    20,043       

$13,001 - $14,000     3,132    3,552    3,936    3,936    3,936    20,049       

$14,001 - $15,000     2,742    3,132    3,552    3,936    3,936    20,055       

$15,001 - $16,000     2,376    2,742    3,132    3,552    3,936    20,061       

$16,001 - $17,000     1,950    2,376    2,742    3,132    3,552    20,067       

$17,001 - $20,000     1,578    1,950    2,376    2,742    3,132    20,073       

$20,001 - $23,000     1,206    1,578    1,950    2,376    2,742    20,079       

$23,001 - $26,000       966    1,206    1,578    1,950    2,376    20,085       

$26,001 - $29,000       774      966    1,206    1,578    1,950    20,091       

$29,001 - $30,000       726      774      966    1,206    1,578    20,097       

$30,001 - $31,000       642      726      774      966    1,206    20,103       

$31,001 - $32,000       324      642      726      774      966    20,109       

$32,001 - $33,000       -0-      324      642      726      774    20,115       

$33,001 - $34,000       -0-      -0-      324      642      726    20,121       

$34,001 - $35,000       -0-      -0-      -0-      324      642    20,127       

$35,001 - $36,000       -0-      -0-      -0-      -0-      324    20,133       

                                                          428    


                                                                 
Over $36,000            -0-      -0-      -0-      -0-      -0-    20,139       

      For a full-time student who is financially independent and   20,142       

enrolled in an educational institution that holds a certificate    20,143       

of registration from the State Board of Proprietary School         20,144       

Registration, the amount of the instructional grant for two        20,146       

semesters, three quarters, or a comparable portion of the                       

academic year shall be determined in accordance with the           20,147       

following table:                                                   20,148       

             Proprietary Institution Table of Grants               20,149       

                                   Maximum Grant $3,936            20,150       

Gross Income                       Number of Dependents            20,151       

                     0       1       2      3      4      5 or     20,158       

                                                          more                  

Under $3,901       $3,936  $3,936  $3,936 $3,936 $3,936   $3,936   20,167       

$3,901 - $4,500     3,552   3,936   3,936  3,936  3,936    3,936   20,174       

$4,501 - $5,000     3,132   3,552   3,936  3,936  3,936    3,936   20,181       

$5,001 - $5,500     2,742   3,132   3,552  3,936  3,936    3,936   20,188       

$5,501 - $6,000     2,376   2,742   3,132  3,552  3,936    3,936   20,195       

$6,001 - $6,500     1,950   2,376   2,742  3,132  3,552    3,936   20,202       

$6,501 - $7,500     1,578   1,950   2,376  2,742  3,132    3,552   20,209       

$7,501 - $8,500     1,206   1,578   1,950  2,376  2,742    3,132   20,216       

$8,501 - $9,500       966   1,206   1,578  1,950  2,376    2,742   20,223       

$9,501 - $11,000      774     966   1,206  1,578  1,950    2,376   20,230       

$11,001 - $12,500     726     774     966  1,206  1,578    1,950   20,237       

$12,501 - $14,000     642     726     774    966  1,206    1,578   20,244       

$14,001 - $15,500     324     642     726    774    966    1,206   20,251       

$15,501 - $18,500     -0-     324     642    726    774      966   20,258       

$18,501 - $21,500     -0-     -0-     324    642    726      774   20,265       

$21,501 - $24,500     -0-     -0-     -0-    324    642      726   20,272       

$24,501 - $29,200     -0-     -0-     -0-    -0-    324      642   20,279       

$29,201 - $33,900     -0-     -0-     -0-    -0-    -0-      324   20,286       

Over $33,900          -0-     -0-     -0-    -0-    -0-      -0-   20,293       

      For a full-time student who is a dependent and enrolled in   20,296       

a state-assisted educational institution, the amount of the        20,297       

                                                          429    


                                                                 
instructional grant for two semesters, three quarters, or a        20,299       

comparable portion of the academic year shall be determined in     20,300       

accordance with the following table:                               20,301       

               Public Institution Table of Grants                  20,302       

                                   Maximum Grant $1,866            20,303       

Gross Income                       Number of Dependents            20,304       

                       1        2        3        4       5 or     20,310       

                                                          more                  

Under $12,001        $1,866   $1,866   $1,866   $1,866   $1,866    20,318       

$12,001 - $13,000     1,680    1,866    1,866    1,866    1,866    20,324       

$13,001 - $14,000     1,482    1,680    1,866    1,866    1,866    20,330       

$14,001 - $15,000     1,314    1,482    1,680    1,866    1,866    20,336       

$15,001 - $16,000     1,128    1,314    1,482    1,680    1,866    20,342       

$16,001 - $17,000       924    1,128    1,314    1,482    1,680    20,348       

$17,001 - $20,000       738      924    1,128    1,314    1,482    20,354       

$20,001 - $23,000       558      738      924    1,128    1,314    20,360       

$23,001 - $26,000       450      558      738      924    1,128    20,366       

$26,001 - $29,000       360      450      558      738      924    20,372       

$29,001 - $30,000       336      360      450      558      738    20,378       

$30,001 - $31,000       306      336      360      450      558    20,384       

$31,001 - $32,000       156      306      336      360      450    20,390       

$32,001 - $33,000       -0-      156      306      336      360    20,396       

$33,001 - $34,000       -0-      -0-      156      306      336    20,402       

$34,001 - $35,000       -0-      -0-      -0-      156      306    20,408       

$35,001 - $36,000       -0-      -0-      -0-      -0-      156    20,414       

Over $36,000            -0-      -0-      -0-      -0-      -0-    20,420       

      For a full-time student who is financially independent and   20,423       

enrolled in a state-assisted educational institution, the amount   20,424       

of the instructional grant for two semesters, three quarters, or   20,426       

a comparable portion of the academic year shall be determined in   20,428       

accordance with the following table:                                            

               Public Institution Table of Grants                  20,429       

                                   Maximum Grant $1,866            20,430       

Gross Income                       Number of Dependents            20,431       

                                                          430    


                                                                 
                     0       1       2      3      4      5 or     20,439       

                                                          more                  

Under $3,901       $1,866  $1,866  $1,866 $1,866 $1,866   $1,866   20,448       

$3,901 - $4,500     1,680   1,866   1,866  1,866  1,866    1,866   20,455       

$4,501 - $5,000     1,482   1,680   1,866  1,866  1,866    1,866   20,462       

$5,001 - $5,500     1,314   1,482   1,680  1,866  1,866    1,866   20,469       

$5,501 - $6,000     1,128   1,314   1,482  1,680  1,866    1,866   20,476       

$6,001 - $6,500       924   1,128   1,314  1,482  1,680    1,866   20,483       

$6,501 - $7,500       738     924   1,128  1,314  1,482    1,680   20,490       

$7,501 - $8,500       558     738     924  1,128  1,314    1,482   20,497       

$8,501 - $9,500       450     558     738    924  1,128    1,314   20,504       

$9,501 - $11,000      360     450     558    738    924    1,128   20,511       

$11,001 - $12,500     336     360     450    558    738      924   20,518       

$12,501 - $14,000     306     336     360    450    558      738   20,525       

$14,001 - $15,500     156     306     336    360    450      558   20,532       

$15,501 - $18,500     -0-     156     306    336    360      450   20,539       

$18,501 - $21,500     -0-     -0-     156    306    336      360   20,546       

$21,501 - $24,500     -0-     -0-     -0-    156    306      336   20,553       

$24,501 - $29,200     -0-     -0-     -0-    -0-    156      306   20,560       

$29,201 - $33,900     -0-     -0-     -0-    -0-    -0-      156   20,567       

Over $33,900          -0-     -0-     -0-    -0-    -0-      -0-   20,574       

      The foregoing appropriation item, 235-503, Ohio              20,577       

Instructional Grants, shall be used to make the payments           20,578       

authorized by division (C) of section 3333.26 of the Revised Code  20,579       

to the institutions described in that division.  In addition,      20,580       

this appropriation shall be used to reimburse the institutions     20,581       

described in division (B) of section 3333.26 of the Revised Code   20,582       

for the cost of the waivers required by that division.             20,583       

      War Orphans' Scholarships                                    20,585       

      The foregoing appropriation item 235-504, War Orphans'       20,587       

Scholarships, shall be used to reimburse state-assisted            20,588       

institutions of higher education for waivers of instructional      20,589       

fees and general fees provided by them, and to provide grants to   20,590       

institutions that have received a certificate of authorization     20,591       

                                                          431    


                                                                 
from the Ohio Board of Regents under Chapter 1713. of the Revised  20,592       

Code, in accordance with the provisions of section 5910.04 of the  20,593       

Revised Code, and to fund additional scholarship benefits          20,594       

provided by section 5910.032 of the Revised Code.                  20,595       

      Part-time Student Instructional Grants                       20,597       

      The foregoing appropriation item 235-549, Part-time Student  20,599       

Instructional Grants, shall be used to support a grant program     20,600       

for part-time undergraduate students who are Ohio residents and    20,601       

who are enrolled in degree granting programs.                      20,602       

      Eligibility for participation in the program shall include   20,605       

degree granting educational institutions that hold a certificate   20,606       

of registration from the State Board of Proprietary School         20,607       

Registration, and nonprofit institutions that have a certificate   20,608       

of authorization issued pursuant to Chapter 1713. of the Revised   20,609       

Code, as well as state-assisted colleges and universities.         20,610       

Grants shall be given to students on the basis of need, as         20,611       

determined by the college, which will, in making these                          

determinations, give special consideration to single-parent        20,612       

heads-of-household and displaced homemakers who enroll in an       20,613       

educational degree program that prepares the individual for a      20,614       

career.  In determining need, the college also shall consider the  20,615       

availability of educational assistance from a student's employer.  20,617       

It is the intent of the General Assembly that these grants not     20,618       

supplant such assistance.                                                       

      Section 7.08.  Capitol Scholarship Programs                  20,620       

      The foregoing appropriation item 235-518, Capitol            20,622       

Scholarship Programs, shall be used to provide one hundred         20,623       

twenty-five scholarships in each fiscal year in the amount of      20,625       

$2,000 each for students enrolled in Ohio's public and private     20,626       

institutions of higher education to participate in the Washington  20,627       

Center Internship Program.  The scholarships shall be matched by   20,628       

the Washington Center's scholarship funds.                         20,629       

      Student Choice Grants                                        20,631       

      The foregoing appropriation item 235-531, Student Choice     20,633       

                                                          432    


                                                                 
Grants, shall be used to support the Student Choice Grant Program  20,634       

created by section 3333.27 of the Revised Code.                    20,635       

      Proprietary School Choice Grants                             20,637       

      The foregoing appropriation item 235-534, Proprietary        20,639       

School Choice Grants, shall be used to support the Proprietary     20,640       

School Choice Grant program.  Of the appropriated funds            20,641       

available, the Board of Regents shall distribute grants of up to   20,642       

$200 to each eligible student in an academic year.                              

      Academic Scholarships                                        20,644       

      Notwithstanding the provision in section 3333.22 of the      20,646       

Revised Code requiring the annual amount of a scholarship for a    20,647       

scholar to be $2,000, in lieu of that amount the annual            20,648       

scholarship amount awarded to any scholar who received a           20,649       

scholarship for the 1994-1995 academic year shall be $1,000 for    20,650       

any academic year for which the scholar is eligible for a          20,651       

scholarship under section 3333.22 of the Revised Code.             20,652       

      Physician Loan Repayment                                     20,654       

      The foregoing appropriation item 235-604, Physician Loan     20,656       

Repayment, shall be used in accordance with sections 3702.71 to    20,658       

3702.81 of the Revised Code.                                                    

      Nursing Loan Program                                         20,660       

      The foregoing appropriation item 235-606, Nursing Loan       20,662       

Program, shall be used to administer the nurse education           20,663       

assistance program.  Up to $148,000 in fiscal year 2000 and        20,664       

$152,000 in fiscal year 2001 may be used for operating expenses    20,665       

associated with the program.  Any additional funds needed for the  20,666       

administration of the program are subject to Controlling Board     20,667       

approval.                                                          20,668       

      Section 7.09.  Cooperative Extension Service                 20,670       

      Of the foregoing appropriation item 235-511, Cooperative     20,672       

Extension Service, $210,000 in each fiscal year shall be used for  20,674       

additional staffing for county agents for expanded 4-H             20,675       

activities.  Of the foregoing appropriation item 235-511,          20,676       

Cooperative Extension Service, $210,000 in each fiscal year shall  20,678       

                                                          433    


                                                                 
be used by the Cooperative Extension Service, through the                       

Enterprise Center for Economic Development in cooperation with     20,679       

other agencies, for a public-private effort to create and operate  20,680       

a small business economic development program to enhance the       20,681       

development of alternatives to the growing of tobacco, and         20,682       

implement through applied research and demonstration, the          20,683       

production and marketing of other high value crops and             20,684       

value-added products.  Of the foregoing appropriation item         20,685       

235-511, Cooperative Extension Service, $65,000 in each fiscal     20,686       

year shall be used for farm labor mediation and education          20,687       

programs.  Of the foregoing appropriation item 235-511,            20,688       

Cooperative Extension Service, $215,000 in each fiscal year shall  20,689       

be used to support the Ohio State University Marion Enterprise     20,690       

Center.                                                                         

      Of the foregoing appropriation item 235-511, Cooperative     20,692       

Extension Service, $680,000 in fiscal year 2000 and $910,500 in    20,693       

fiscal year 2001 shall be used to support the Ohio Watersheds      20,694       

Initiative.                                                                     

      Agricultural Research and Development Center                 20,696       

      Of the foregoing appropriation item 235-535, Agricultural    20,698       

Research and Development Center, $950,000 in each fiscal year      20,699       

shall be distributed to the Piketon Agricultural Research and      20,701       

Extension Center.                                                               

      Of the foregoing appropriation item 235-535, Agricultural    20,703       

Research and Development Center, $250,000 in each fiscal year      20,704       

shall be distributed to the Raspberry/Strawberry-Ellagic Acid      20,705       

Research program at the Ohio State University Medical College in   20,706       

cooperation with the Ohio State University College of              20,707       

Agriculture.                                                                    

      Of the foregoing appropriation item 235-535, Agricultural    20,709       

Research and Development Center, $50,000 in each fiscal year       20,710       

shall be used to support the Ohio Berry Administrator.             20,711       

      Of the foregoing appropriation item 235-535, Agricultural    20,713       

Research and Development Center, $100,000 in each fiscal year      20,714       

                                                          434    


                                                                 
shall be used for the development of agricultural crops and        20,715       

products not currently in widespread production in Ohio, in order  20,716       

to increase the income and viability of family farmers.            20,717       

      Cooperative Extension Service and Agricultural Research and  20,720       

Development Center                                                              

      The foregoing appropriation items 235-511, Cooperative       20,722       

Extension Service, and 235-535, Agricultural Research and          20,723       

Development Center, shall be disbursed through the Ohio Board of   20,724       

Regents to The Ohio State University in monthly payments, unless   20,725       

otherwise determined by the Director of Budget and Management      20,726       

pursuant to the provisions of section 126.09 of the Revised Code.  20,728       

Of the foregoing appropriation item 235-535, Agricultural                       

Research and Development Center, $540,000 in each fiscal year      20,729       

shall be used to purchase equipment.                               20,730       

      The Ohio Agricultural Research and Development Center shall  20,732       

not be required to remit payment to The Ohio State University      20,733       

during the 1999-2001 biennium for cost reallocation assessments.   20,735       

The cost reallocation assessments include, but are not limited     20,736       

to, any assessment on state appropriations to the center.          20,737       

      Section 7.10.  Sea Grants                                    20,739       

      The foregoing appropriation item 235-402, Sea Grants, shall  20,741       

be disbursed to The Ohio State University.  The funds from this    20,742       

appropriation item shall be used to conduct research on fish in    20,743       

Lake Erie.                                                                      

      Information System                                           20,745       

      The foregoing appropriation item 235-409, Information        20,747       

System, shall be used by the Board of Regents to revise the        20,748       

higher education data system known as the Uniform Information      20,749       

System.                                                                         

      Student Services                                             20,751       

      The foregoing appropriation item 235-502, Student Support    20,753       

Services, shall be distributed by the Board of Regents to Ohio's   20,754       

state-assisted colleges and universities that incur                20,755       

disproportionate costs in the provision of support services to     20,756       

                                                          435    


                                                                 
disabled students.                                                              

      Central State Supplement                                     20,758       

      Of the foregoing appropriation item 235-514, Central State   20,760       

Supplement, $100,000 in fiscal year 2000 shall be used in a        20,761       

collaboration between the Board of Regents and the Institute for   20,762       

Urban Education for planning purposes; $400,000 in fiscal year     20,763       

2000 shall be distributed to the Institute for Urban Education at  20,764       

the direction of the Board of Regents; and $1,000,000 in fiscal                 

year 2001 shall be distributed to the Institute for Urban          20,765       

Education.                                                                      

      Shawnee State Supplement                                     20,767       

      The foregoing appropriation item 235-520, Shawnee State      20,769       

Supplement, shall be used by Shawnee State University as detailed  20,770       

by both of the following:                                          20,771       

      (A)  To allow Shawnee State University to keep its           20,773       

undergraduate fees below the statewide average, consistent with    20,774       

its mission of service to an economically depressed Appalachian    20,775       

region;                                                                         

      (B)  To allow Shawnee State University to employ new         20,777       

faculty to develop and teach in new degree programs that meet the  20,778       

needs of Appalachians.                                                          

      Police and Fire Protection                                   20,780       

      The foregoing appropriation item 235-524, Police and Fire    20,782       

Protection, shall be used for police and fire services in the      20,783       

municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,   20,784       

Portsmouth, Xenia Township (Greene County), and Rootstown          20,785       

Township, which may be used to assist these local governments in                

providing police and fire protection for the central campus of     20,786       

the state-affiliated university located therein.  Each             20,787       

participating municipality and township shall receive at least     20,788       

five thousand dollars per year.  Funds shall be distributed by     20,789       

the Ohio Board of Regents.                                                      

      School of International Business                             20,791       

      Of the foregoing appropriation item 235-547, School of       20,793       

                                                          436    


                                                                 
International Business, $1,243,637 in each fiscal year shall be    20,794       

used for the continued development and support of the School of    20,795       

International Business of the state universities of northeast      20,796       

Ohio.  The money shall go to the University of Akron.  These       20,797       

funds shall be used by the university to establish a School of     20,798       

International Business located at the University of Akron.  It     20,799       

may confer with the Kent State University, Youngstown State        20,800       

University, and Cleveland State University as to the curriculum    20,801       

and other matters regarding the school.                                         

      Of the foregoing appropriation item 235-547, School of       20,803       

International Business, $250,000 in each fiscal year shall be      20,804       

used to support the University of Toledo School of Business.       20,805       

      Of the foregoing appropriation item 235-547, School of       20,807       

International Business, $250,000 in each fiscal year shall be      20,808       

used to support the Ohio State University MUCIA program.           20,810       

      Capital Component                                            20,812       

      The foregoing appropriation item 235-552, Capital            20,814       

Component, shall be used by the Ohio Board of Regents to           20,815       

implement the capital funding policy for state-assisted colleges   20,816       

and universities established in Am. H.B. No. 748 of the 121st      20,818       

General Assembly.  Appropriations from this item shall be                       

distributed to all campuses for which the estimated campus debt    20,819       

service attributable to new qualifying capital projects is less    20,821       

than the campus' formula-determined capital component allocation.               

Campus allocations shall be determined by subtracting the          20,822       

estimated campus debt service attributable to new qualifying       20,823       

capital projects from campus formula-determined capital component  20,824       

allocation.  Moneys distributed from this appropriation item       20,825       

shall be restricted to capital-related purposes.                   20,826       

      Dayton Area Graduate Studies Institute                       20,828       

      The foregoing appropriation item 235-553, Dayton Area        20,830       

Graduate Studies Institute, shall be used by the Ohio Board of     20,831       

Regents to support the Dayton Area Graduate Studies Institute, an  20,832       

engineering graduate consortium of three universities in the       20,833       

                                                          437    


                                                                 
Dayton area - Wright State University, The University of Dayton,   20,834       

and the Air Force Institute of Technology - with the                            

participation of the University of Cincinnati and The Ohio State   20,835       

University.                                                                     

      Long-Term Care Research                                      20,837       

      The foregoing appropriation item 235-558, Long-term Care     20,839       

Research, shall be disbursed to Miami University for long-term     20,840       

care research.                                                                  

      BGSU Canadian Studies Center                                 20,842       

      The foregoing appropriation item 235-561, BGSU Canadian      20,844       

Studies Center, shall be used by the Canadian Studies Center at    20,845       

Bowling Green State University to study opportunities for Ohio     20,847       

and Ohio businesses to benefit from the Free Trade Agreement       20,848       

between the United States and Canada.                                           

      Urban University Programs                                    20,850       

      Of the foregoing appropriation item 235-583, Urban           20,852       

University Programs, universities receiving funds which are used   20,854       

to support an ongoing university unit must certify periodically    20,855       

in a manner approved by the Ohio Board of Regents that program     20,856       

funds are being matched on a one-to-one basis with equivalent      20,857       

resources.  Overhead support may not be used to meet this          20,858       

requirement.  Where Urban University Program funds are being used  20,859       

to support an ongoing university unit, matching funds must come    20,860       

from continuing rather than one-time sources.  At each             20,861       

participating state-assisted institution of higher education,      20,862       

matching funds must be within the substantial control of the       20,863       

individual designated by the institution's president as the Urban  20,864       

University Program representative.                                 20,865       

      Of the foregoing appropriation item 235-583, Urban           20,867       

University Programs, $380,000 in each fiscal year shall be used    20,868       

to support a public communication outreach program (WCPN). The     20,870       

primary purpose of the program shall be to develop a relationship  20,871       

between Cleveland State University and nonprofit communications                 

entities.                                                          20,872       

                                                          438    


                                                                 
      Of the foregoing appropriation item 235-583, Urban           20,874       

University Programs, $180,000 in each fiscal year shall be used    20,875       

to support the Center for the Interdisciplinary Study of           20,876       

Education and the Urban Child at Cleveland State University.       20,878       

These funds shall be distributed according to rules adopted by     20,879       

the Ohio Board of Regents and shall be used by the center for      20,880       

interdisciplinary activities targeted toward increasing the        20,881       

chance of lifetime success of the urban child, including           20,882       

interventions beginning with the prenatal period.  The primary     20,883       

purpose of the center is to study issues in urban education and    20,884       

to systematically map directions for new approaches and new        20,885       

solutions by bringing together a cadre of researchers, scholars,   20,886       

and professionals representing the social, behavioral, education,  20,887       

and health disciplines.                                                         

      Of the foregoing appropriation item 235-583, Urban           20,890       

University Programs, $260,000 in each fiscal year shall be used    20,891       

to support the Kent State University Learning and Technology       20,892       

Project.  This project is a kindergarten through university        20,893       

collaboration between schools surrounding Kent's eight campuses    20,894       

in northeast Ohio, and corporate partners who will assist in       20,895       

development and delivery.                                          20,896       

      The Kent State University Project shall provide a faculty    20,898       

member who has a full-time role in the development of              20,899       

collaborative activities and teacher instructional programming     20,900       

between Kent and the K-12th grade schools that surround its eight  20,901       

campuses; appropriate student support staff to facilitate these    20,902       

programs and joint activities; and hardware and software to        20,903       

schools that will make possible the delivery of instruction to     20,904       

pre-service and in-service teachers, and their students, in their  20,905       

own classrooms or school buildings.  This shall involve the        20,906       

delivery of low-bandwidth streaming video and web-based            20,907       

technologies in a distributed instructional model.                 20,908       

      Of the foregoing appropriation item 235-583, Urban           20,910       

University Programs, $100,000 in each fiscal year shall be used    20,911       

                                                          439    


                                                                 
to support the Ameritech Classroom/Center for Research at Kent     20,912       

State University.                                                  20,913       

      Of the foregoing appropriation item 235-583, Urban           20,915       

University Programs, $1,278,373 in fiscal year 2000 and            20,916       

$1,000,000 in fiscal year 2001 shall be used to support the        20,918       

Polymer Distance Learning Project at the University of Akron.  Of               

these amounts, $1,000,000 shall be used in fiscal year 2000 for    20,919       

the Polymer Distance Learning Project and $278,373 shall be used   20,920       

in fiscal year 2000 for the university's primary and secondary     20,921       

school distance learning project; $1,000,000 shall be used in      20,922       

fiscal year 2001 for the Polymer Distance Learning Project.        20,923       

      Of the foregoing appropriation item 235-583, Urban           20,925       

University Programs, $500,000 in fiscal year 2000 shall be used    20,926       

to support general arts programming at the University of Akron.    20,927       

      Of the foregoing appropriation item 235-583, Urban           20,929       

University Programs, $50,000 in each fiscal year shall be          20,930       

distributed to the Kent State University/Cleveland Design Center   20,931       

program.                                                                        

      Of the foregoing appropriation item 235-583, Urban           20,933       

University Programs, $250,000 in each fiscal year shall be used    20,934       

to support the Bliss Institute of Applied Politics at the          20,935       

University of Akron.                                                            

      Of the foregoing appropriation item 235-583, Urban           20,937       

University Programs, $250,000 in fiscal year 2000 shall be used    20,938       

to support the Cleveland State University Applied Digital          20,939       

Technology Center/WVIZ.                                                         

      Of the foregoing appropriation item 235-583, Urban           20,941       

University Programs, $15,000 in each fiscal year shall be used     20,942       

for the Advancing-Up Program at the University of Akron.           20,943       

      Of the foregoing appropriation item 235-583, Urban           20,945       

University Programs, $650,000 in fiscal year 2000 shall be used    20,947       

for the Cleveland State University Technology Link.                20,948       

      Of the remainder of the appropriation, 50 per cent of the    20,950       

total in each fiscal year shall be distributed by the Ohio Board   20,951       

                                                          440    


                                                                 
of Regents to Cleveland State University in support of the Urban   20,952       

Center of the College of Urban Affairs.  The balance of the        20,953       

appropriation shall be distributed to the Northeast Ohio           20,955       

Interinstitutional Research Program, the Urban Linkages Program,   20,956       

and the Urban Research Technical Assistance Grant Program.         20,957       

      International Center for Water Resources Development         20,959       

      The foregoing appropriation item 235-595, International      20,961       

Center for Water Resources Development, shall be used to support   20,962       

the International Center for Water Resources Development at        20,963       

Central State University.  This center shall develop methods to    20,964       

improve the management of water resources for Ohio and for         20,965       

emerging nations.                                                               

      Rural University Projects                                    20,967       

      Of the foregoing appropriation item 235-587, Rural           20,969       

University Projects, Bowling Green State University shall receive  20,970       

$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001.     20,971       

Miami University shall receive $323,365 in fiscal year 2000 and    20,972       

$331,125 in fiscal year 2001.  Ohio University shall receive       20,973       

$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.                  

These funds shall be used to support the Institute for Local       20,975       

Government Administration and Rural Development at Ohio                         

University, the Center for Public Management and Regional Affairs  20,976       

at Miami University, and the public administration program at      20,977       

Bowling Green State University.                                    20,978       

      Of the foregoing appropriation item 235-587, Rural           20,980       

University Projects, $25,000 in each fiscal year shall be used to  20,981       

support the Washington State Community College day care center.    20,982       

      Of the foregoing appropriation item 235-587, Rural           20,984       

University Projects, $75,000 in fiscal year 2001 shall be used to  20,985       

support the COAD/ILGARD/GOA Appalachian Leadership Initiative.     20,986       

      A small portion of the funds provided to Ohio University     20,989       

shall be used to establish a satellite office of the Institute     20,990       

for Local Government Administration and Rural Development at       20,991       

Shawnee State University.  A small portion of the funds provided   20,992       

                                                          441    


                                                                 
to Ohio University shall also be used for the Institute for Local  20,993       

Government Administration and Rural Development State and Rural    20,994       

Policy Partnership with the Governor's Office of Appalachia and                 

the Appalachian delegation of the General Assembly.                20,995       

      Ohio Resource Center for Math, Science, and Reading          20,997       

      The foregoing appropriation item 235-588, Ohio Resource      20,999       

Center for Math, Science, and Reading, shall be used to support a  21,000       

resource center for mathematics, science, and reading to be        21,001       

located at a state-assisted university for the purpose of          21,002       

identifying best educational practices in primary and secondary    21,003       

schools and establishing methods for communicating them to                      

colleges of education and school districts.                        21,004       

      Prior to December 31, 1999, the Governor, the                21,006       

Superintendent of Public Instruction, and the Chancellor of the    21,007       

Ohio Board of Regents shall conduct a search for the best          21,008       

location for the establishment of the Ohio Resource Center for     21,009       

Mathematics, Science, and Reading.  The location selected shall                 

be on the campus of one of the state universities named in         21,010       

section 3345.011 of the Revised Code.  The university selected     21,011       

shall be chosen on a competitive basis from among those            21,012       

universities that apply to the Board of Regents.                                

      Hazardous Materials Program                                  21,014       

      The foregoing appropriation item 235-596, Hazardous          21,016       

Materials Program, shall be disbursed to Cleveland State           21,017       

University for the operation of a program to certify firefighters  21,018       

for the handling of hazardous materials.  Training shall be        21,019       

available to all Ohio firefighters.                                             

      National Guard Tuition Grant Program                         21,021       

      The Board of Regents shall disburse funds from               21,023       

appropriation item 235-599, National Guard Tuition Grant Program,  21,024       

at the direction of the Adjutant General.                          21,025       

      Ohio Higher Educational Facility Commission Support          21,027       

      The foregoing appropriation item 235-602, HEFC               21,029       

Administration, shall be used by the Board of Regents for          21,030       

                                                          442    


                                                                 
operating expenses related to the Board of Regents' support of     21,031       

the activities of the Ohio Higher Educational Facility             21,032       

Commission.  Upon the request of the chancellor, the Director of   21,033       

Budget and Management shall transfer up to $12,000 cash from Fund  21,034       

461 to Fund 4E8 in each fiscal year of the biennium.               21,035       

      Section 7.11.  Repayment of Research Facility Investment     21,037       

Fund Moneys                                                                     

      Notwithstanding any provision of law to the contrary, all    21,039       

repayments of Research Facility Investment Fund loans shall be     21,040       

made to the Bond Service Trust Fund.  All Research Facility        21,042       

Investment Fund loan repayments made prior to the effective date   21,043       

of this section shall be transferred by the Director of Budget                  

and Management to the Bond Service Trust Fund within sixty days    21,045       

of the effective date of this section.                             21,046       

      Campuses are required to make timely repayments of Research  21,048       

Facility Investment Fund loans, according to the schedule          21,049       

established by the Board of Regents.  In the case of late          21,050       

payments, the Board of Regents is authorized to deduct from an     21,051       

institution's periodic subsidy distribution an amount equal to                  

the amount of the overdue payment for that institution, transfer   21,052       

such amount to the Bond Service Trust Fund, and credit the         21,053       

appropriate institution for the repayment.                         21,054       

      Veterans' Preference                                         21,056       

      The Board of Regents shall work with the Governor's Office   21,058       

of Veterans' Affairs to develop specific veterans' preference      21,059       

guidelines for higher education institutions.  These guidelines    21,060       

shall ensure that the institutions' hiring practices are in        21,061       

accordance with the intent of Ohio's veterans' preference laws.    21,062       

      Section 7.12.  Central State University                      21,064       

      (A)  Notwithstanding sections 3345.72, 3345.74, 3345.75,     21,066       

and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio         21,067       

Administrative Code, Central State University shall adhere to the  21,068       

following fiscal standards:                                                     

      (1)  Maintenance of a balanced budget and filing of          21,070       

                                                          443    


                                                                 
quarterly reports on an annualized budget with the Board of        21,071       

Regents, comparing the budget to actual spending and revenues      21,072       

with projected expenditures and revenues for the remainder of the  21,073       

year.  Such reports shall include narrative explanations as                     

appropriate and be filed within 30 days of the end of the          21,074       

quarter.                                                                        

      (2)  Timely and accurate assessment of the current and       21,076       

projected cash flow of university funds, by fund type;             21,077       

      (3)  Timely reconciliation of all university cash and        21,079       

general ledger accounts, by fund;                                  21,080       

      (4)  Submission to the Auditor of State financial            21,082       

statements consistent with audit requirements prescribed by the    21,083       

Auditor of State within four months after the end of the fiscal    21,084       

year;                                                                           

      (5)  Completion of an audit within six months after the end  21,086       

of the fiscal year.                                                21,087       

      The Director of Budget and Management shall provide          21,089       

clarification to the university on these fiscal standards as       21,090       

deemed necessary.  The director may also take such actions as are  21,091       

necessary to ensure that the university adheres to these           21,092       

standards and other fiscal standards consistent with generally                  

accepted accounting principles and the requirements of external    21,093       

entities providing funding to the university.  Such actions may    21,094       

include the appointment of a financial consultant to assist        21,095       

Central State University in the continuous process of design and   21,096       

implementation of responsible systems of financial management and  21,097       

accounting.                                                                     

      (B)  The director's fiscal oversight shall continue until    21,099       

such time as the university meets the same criteria as those       21,100       

created in 126:3-1-01(F) of the Ohio Administrative Code for the   21,102       

termination of a fiscal watch.  At that time Central State         21,103       

University shall be relieved of the requirements of this section                

and subject to the requirements of sections 3345.72, 3345.74,      21,104       

3345.75, and 3345.76 of the Revised Code.                          21,105       

                                                          444    


                                                                 
      Section 7.13.  Technical College District Refinancing of     21,107       

Leases for Housing and Dining Facilities                           21,108       

      Notwithstanding section 3357.112 of the Revised Code, a      21,110       

technical college district established under Chapter 3357. of the  21,111       

Revised Code that is the lessee of housing and dining facilities   21,112       

under a lease entered into prior to September 17, 1996, may enter  21,113       

into an amendment to that lease and may acquire, by purchase,      21,114       

lease-purchase, lease with option to purchase, or otherwise,       21,115       

those housing and dining facilities that are the subject of that   21,116       

lease.  To pay all or part of the costs of acquiring those         21,117       

housing and dining facilities, and to refund obligations           21,118       

previously issued for such purpose, a technical college district   21,119       

may issue obligations in the manner provided by and subject to     21,120       

the applicable provisions of section 3345.12 of the Revised Code   21,121       

and Sections 99.03 and 99.06 of Am. Sub. H.B. 215 of the 122nd     21,122       

General Assembly.                                                               

      Section 7.14. Non-Profit Research Capital Support            21,124       

      Notwithstanding Section 30.06 of H.B. 850 of the 122nd       21,126       

General Assembly, of the appropriation item CAP-063, Non-Profit    21,127       

Research Capital Support, $6,300,000 shall be assigned to          21,128       

Cleveland State University to be used to award a grant to a        21,129       

capital project at the Cleveland Clinic Foundation to advance      21,130       

biomedical research.                                               21,131       

      Notwithstanding Section 30.06 of H.B. 850 of the 122nd       21,133       

General Assembly, of the appropriation item CAP-063, Non-Profit    21,134       

Research Capital Support, $1,700,000 shall be assigned to the      21,135       

Wallace-Kettering Neuroscience Institute.                                       

      Section 8.  OSB  OHIO STATE SCHOOL FOR THE BLIND             21,137       

General Revenue Fund                                               21,139       

GRF 226-100 Personal Services     $    5,540,996 $    5,631,645    21,144       

GRF 226-200 Maintenance           $      676,533 $      714,732    21,148       

GRF 226-300 Equipment             $       69,534 $      101,203    21,152       

TOTAL GRF General Revenue Fund    $    6,287,063 $    6,447,580    21,155       

General Services Fund Group                                        21,157       

                                                          445    


                                                                 
4H8 226-602 Education Reform                                       21,160       

            Grants                $       29,900 $       29,900    21,162       

TOTAL GSF General Services                                         21,163       

   Fund Group                     $       29,900 $       29,900    21,166       

State Special Revenue Fund Group                                   21,168       

4M5 226-601 Work Study &                                           21,171       

            Technology                                                          

            Investments           $       40,083 $       40,924    21,173       

TOTAL SSR State Special Revenue                                    21,174       

   Fund Group                     $       40,083 $       40,924    21,177       

Federal Special Revenue Fund Group                                 21,179       

3P5 226-643 Medicaid Professional                                  21,182       

            Services                                                            

            Reimbursement         $      125,000 $      125,000    21,184       

310 226-626 Coordinating Unit     $    1,173,036 $    1,195,850    21,188       

TOTAL FED Federal Special                                          21,189       

   Revenue Fund Group             $    1,298,036 $    1,320,850    21,192       

TOTAL ALL BUDGET FUND GROUPS      $    7,655,082 $    7,839,254    21,195       

      Maintenance                                                  21,198       

      Of the foregoing appropriation item 226-200, Maintenance,    21,200       

up to $21,962 in fiscal year 2001 shall be used to purchase        21,201       

Braille and large-print textbooks in the areas of reading,         21,202       

mathematics, and spelling for grades kindergarten through six.     21,203       

      Equipment                                                    21,205       

      Of the foregoing appropriation item 226-300, Equipment,      21,207       

$30,000 in fiscal year 2001 shall be used to purchase a van        21,208       

equipped with a hydraulic lift for wheelchairs.                    21,209       

      Section 9.  OSD  OHIO STATE SCHOOL FOR THE DEAF              21,211       

General Revenue Fund                                               21,213       

GRF 221-100 Personal Services     $    6,996,372 $    7,500,996    21,218       

GRF 221-200 Maintenance           $      944,938 $      998,596    21,222       

GRF 221-300 Equipment             $      180,715 $      190,975    21,226       

TOTAL GRF General Revenue Fund    $    8,122,025 $    8,690,567    21,229       

General Services Fund Group                                        21,231       

                                                          446    


                                                                 
4M1 221-602 Education Reform                                       21,234       

            Grants                $       64,867 $       65,210    21,236       

TOTAL GSF General Services                                         21,237       

   Fund Group                     $       64,867 $       65,210    21,240       

State Special Revenue Fund Group                                   21,242       

4M0 221-601 Educational Program                                    21,245       

            Expenses              $       16,890 $       17,363    21,247       

TOTAL SSR State Special Revenue                                    21,248       

   Fund Group                     $       16,890 $       17,363    21,251       

Federal Special Revenue Fund Group                                 21,253       

3R0 221-684 Medicaid Professional                                  21,256       

            Services                                                            

            Reimbursement         $       80,000 $       82,240    21,258       

311 221-625 Coordinating Unit     $      848,780 $      871,271    21,262       

TOTAL FED Federal Special                                          21,263       

   Revenue Fund Group             $      928,780 $      953,511    21,266       

TOTAL ALL BUDGET FUND GROUPS      $    9,132,562 $    9,726,651    21,269       

      Maintenance                                                  21,272       

      Of the foregoing appropriation item 221-200, Maintenance,    21,274       

$30,979 in fiscal year 2001 shall be used to renovate classrooms.  21,275       

      Equipment                                                    21,277       

      Of the foregoing appropriation item 221-300, Equipment,      21,279       

$5,923 in fiscal year 2001 shall be used to purchase security      21,280       

equipment, including steel doors, computerized locks, and          21,281       

television surveillance equipment.                                              

      Section 10.  SFC  SCHOOL FACILITIES COMMISSION               21,283       

General Revenue Fund                                               21,285       

GRF 230-428 Lease Rental Payments $   55,400,000 $   70,300,000    21,290       

TOTAL GRF General Revenue Fund    $   55,400,000 $   70,300,000    21,293       

State Special Revenue Fund Group                                   21,296       

5E3 230-644 Operating Expenses    $    2,609,726 $    2,738,277    21,301       

TOTAL SSR State Special Revenue                                    21,302       

   Fund Group                     $    2,609,726 $    2,738,277    21,305       

TOTAL ALL BUDGET FUND GROUPS      $   58,009,726 $   73,038,277    21,308       

                                                          447    


                                                                 
      Lease Rental Payments                                        21,311       

      The foregoing appropriation item 230-428, Lease Rental       21,313       

Payments, shall be used by the School Facilities Commission to     21,314       

pay bond service charges on obligations issued pursuant to         21,315       

Chapter 3318. of the Revised Code.                                              

      Operating Expenses                                           21,317       

      The foregoing appropriation item 230-644, Operating          21,319       

Expenses, shall be used by the Ohio School Facilities Commission   21,320       

to carry out its responsibilities pursuant to this section and     21,321       

Chapter 3318. of the Revised Code.                                 21,322       

      Within ten days after the effective date of this section,    21,324       

or as soon as possible thereafter, the Executive Director of the   21,325       

Ohio School Facilities Commission shall certify to the Director    21,326       

of Budget and Management the amount of cash to be transferred      21,327       

from the School Building Assistance Fund (Fund 032) or the Public  21,328       

School Building Fund (Fund 021) to the Ohio School Facilities                   

Commission Fund (Fund 5E3).                                        21,329       

      By July 10, 2000, the Executive Director of the Ohio School  21,331       

Facilities Commission shall certify to the Director of Budget and  21,332       

Management the amount of cash to be transferred from the School    21,333       

Building Assistance Fund (Fund 032) or the Public School Building  21,334       

Fund (Fund 021) to the Ohio School Facilities Commission Fund      21,335       

(Fund 5E3).                                                                     

      Prior Year Encumbrances                                      21,337       

      At the request of the Director of the Ohio School            21,339       

Facilities Commission, the Director of Budget and Management may   21,340       

cancel encumbrances from fiscal years 1998 and 1999 in CAP-770,    21,341       

School Building Program Assistance, and reestablish such           21,342       

encumbrances or parts of encumbrances to CAP-622, Public School                 

Buildings, for fiscal years 2000 and 2001.  Appropriations to      21,343       

CAP-622 shall not be increased as a result of reestablishing such  21,344       

encumbrances.  An amount equal to the canceled encumbrances in     21,345       

CAP-770 shall be appropriated to CAP-775.                          21,346       

      Disability Access Projects                                   21,348       

                                                          448    


                                                                 
      The unencumbered and unallotted balances as of June 30,      21,350       

1999, in appropriation item 230-649, Disability Access Project,    21,351       

are hereby reappropriated.  The unencumbered and unallotted        21,353       

balances of the appropriation at the end of fiscal year 2000 are   21,354       

hereby reappropriated in fiscal year 2001 to fund capital          21,355       

projects pursuant to this section.                                 21,356       

      (A)  As used in this section:                                21,358       

      (1)  "Percentile" means the percentile in which a school     21,360       

district is ranked according to the fiscal year 1998 ranking of    21,361       

school districts with regard to income and property wealth under   21,362       

division (B) of section 3318.011 of the Revised Code.              21,363       

      (2)  "School district" means a city, local, or exempted      21,365       

village school district, but excluding a school district that is   21,366       

one of the state's 21 urban school districts as defined in         21,367       

division (O) of section 3317.02 of the Revised Code, as that       21,368       

section existed prior to July 1, 1998.                             21,369       

      (3)  "Valuation per pupil" means a district's total taxable  21,372       

value as defined in section 3317.02 of the Revised Code divided    21,373       

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  21,374       

1, 1998.                                                                        

      (B)  The School Facilities Commission shall adopt rules for  21,376       

awarding grants to school districts with a valuation per pupil of  21,378       

less than $200,000, to be used for construction, reconstruction,                

or renovation projects in classroom facilities, the purpose of     21,379       

which is to improve access to such facilities by physically        21,380       

handicapped persons.  The rules shall include application          21,381       

procedures.  No school district shall be awarded a grant under     21,382       

this section in excess of $100,000.  In addition, any school       21,383       

district shall be required to pay a percentage of the cost of the  21,384       

project or which the grant is being awarded equal to the           21,385       

percentile in which the district is ranked.                        21,386       

      (C)  The School Facilities Commission is hereby authorized   21,388       

to use a portion of appropriation item CAP-622, Public School      21,389       

                                                          449    


                                                                 
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd         21,391       

General Assembly, to provide funds to make payments resulting      21,392       

from the approval of applications for disability access granted                 

received prior to January 1, 1999.                                 21,393       

      Section 10.01. Short-Term Loans                              21,395       

      The School Facilities Commission may make loans to school    21,397       

districts for a period of up to three years for emergency repair   21,399       

or replacement of school facilities as a result of faulty design   21,400       

or construction and for which the school district is engaged in a               

dispute with the contractor or other responsible parties.  The     21,401       

interest rate of any loan issued under this section shall be       21,403       

determined by the School Facilities Commission and any interest    21,404       

gained under any settlement regarding faulty design or             21,405       

construction in excess of the interest paid under the loan shall   21,406       

be received by the commission.  No moneys provided in the form of  21,407       

short term loans may be used to support the legal fees of the      21,408       

school district.  Debt incurred under this section shall not be    21,409       

included in the calculation of the net indebtedness of the school               

district under section 133.06 of the Revised Code.                 21,410       

      Section 10.02. Extreme Environmental Contamination of        21,412       

School Facilities                                                  21,413       

      Notwithstanding the provisions of Section 26 of Am. Sub.     21,415       

H.B. 850 of the 122nd General Assembly regarding eligibility for   21,416       

the Exceptional Needs Pilot Program, the School Facilities         21,418       

Commission may provide assistance to any school district and not   21,419       

exclusively a school district in the lowest 50 per cent of         21,420       

adjusted valuation per pupil on the fiscal year 1999 ranking of    21,421       

school districts established pursuant to section 3317.02 of the    21,422       

Revised Code, for the purpose of the relocation or replacement of  21,423       

school facilities required as a result of extreme environmental    21,424       

contamination.                                                                  

      Section 11.  NET  OHIO SCHOOLNET COMMISSION                  21,426       

General Revenue Fund                                               21,428       

GRF 228-404 Operating Expenses    $    5,703,175 $    5,483,910    21,433       

                                                          450    


                                                                 
GRF 228-406 Technical &                                            21,435       

            Instructional                                                       

            Professional                                                        

            Development           $   12,408,453 $   12,706,256    21,437       

GRF 228-539 Education Technology  $    6,707,421 $    6,733,475    21,441       

GRF 228-559 RISE - Interactive                                     21,443       

            Parenting Program     $    1,200,000 $    1,200,000    21,445       

Total GRF General Revenue Fund    $   26,019,049 $   26,123,641    21,448       

General Services Fund Group                                        21,450       

5D4 228-640 Conference/Special                                     21,453       

            Purpose Expenses      $      500,000 $      500,000    21,455       

TOTAL GSF General Services                                         21,456       

   Fund Group                     $      500,000 $      500,000    21,459       

State Special Revenue Fund Group                                   21,462       

4W9 228-630 Ohio SchoolNet                                         21,465       

            Telecommunity Fund    $    3,389,447 $       52,813    21,467       

4X1 228-634 Distance Learning     $    3,174,718 $    3,263,413    21,471       

4Y4 228-698 SchoolNet Plus        $   90,000,000 $   10,000,000    21,475       

TOTAL SSR State Special Revenue                                    21,476       

   Fund Group                     $   96,564,165 $   13,316,226    21,479       

Federal Special Revenue Fund Group                                 21,482       

3S3 228-655 Technology Literacy                                    21,485       

            Challenge             $   16,650,418 $   16,650,418    21,487       

TOTAL FED Federal Special Revenue                                  21,488       

   Fund Group                     $   16,650,418 $   16,650,418    21,491       

TOTAL ALL BUDGET FUND GROUPS      $  139,733,632 $   56,590,285    21,494       

      SchoolNet Plus Program                                       21,497       

      (A)  The foregoing appropriation item 228-698, SchoolNet     21,499       

Plus, shall be used as follows:                                    21,500       

      (1)  Up to $28,600,000 to purchase network                   21,502       

telecommunications equipment for each public school building in    21,503       

this state to provide classroom and building access to existing    21,504       

and potential statewide voice, video, and data telecommunication   21,505       

services.  As used in this section, "public school building"       21,506       

                                                          451    


                                                                 
means a school building of any city, local, exempted village, or   21,507       

joint vocational school district or any community school           21,508       

established under Chapter 3314. of the Revised Code.  The Ohio     21,509       

SchoolNet Commission, in consultation with the Department of       21,510       

Education, Department of Administrative Services, and Ohio         21,511       

Education Computer Network, shall define the standards and         21,512       

equipment configurations necessary to maximize the efficient use   21,513       

of the existing and potential statewide voice, video, and data     21,514       

telecommunication services.                                                     

      (2)  Up to $53,300,000 to establish and equip at least one   21,516       

interactive computer workstation for each five children enrolled   21,517       

in the fifth grade based on the number of children each            21,518       

qualifying school district has enrolled in the fifth grade as      21,519       

reported in October 1999 pursuant to division (A) of section       21,520       

3317.03 of the Revised Code.                                       21,521       

      To the extent the Ohio SchoolNet Commission can reduce the   21,523       

purchase cost of an interactive computer workstation through       21,524       

efficient purchasing methods, the commission may utilize any cost  21,525       

savings to begin a subsequent round of funding to provide          21,526       

interactive computer workstations to qualifying school districts.  21,527       

The commission may select qualifying school districts to receive   21,528       

the proceeds of any savings based on district readiness to         21,529       

utilize interactive computer workstations.  The commission may     21,530       

determine readiness on either a district-wide or individual        21,531       

classroom or grade-level basis or by such other criteria deemed    21,532       

appropriate by the commission.                                     21,533       

      (3)  Up to $1,000,000 to pay for the cost of an independent  21,535       

review of all the agencies in this state that deliver education    21,536       

technology, as called for in Recommendation One of the Report of   21,537       

the Ohio School Technology Implementation Task Force;              21,538       

      (4)  Up to $1,500,000 to pay for the cost of a statewide     21,540       

educational technology strategic planning process as called for    21,541       

in Recommendation Two of the Report of the Ohio Schools            21,542       

Technology Implementation Task Force;                              21,543       

                                                          452    


                                                                 
      (5)  Up to $4,600,000 in fiscal year 2000 and $10,000,000    21,545       

in fiscal year 2001 to extend the Interactive Video Distance       21,546       

Learning Program in accordance with the statewide educational      21,547       

technology strategic plan.  The commission shall adopt procedures  21,548       

for the administration and implementation of the Interactive       21,549       

Video Distance Learning Program.  The procedures shall include     21,550       

application procedures, specifications for distance learning       21,551       

technology, and terms and conditions for participation in the      21,552       

program.  The commission shall not approve any application for     21,553       

participation in the program unless it has determined that the     21,554       

applicant can effectively and efficiently integrate the requested  21,555       

distance learning technology into schools or the selected schools  21,556       

or classrooms for the phase of the program.  The commission shall  21,557       

consider the Interactive Video Distance Learning Pilot             21,558       

established in Am. Sub. H.B. 215 of the 122nd General Assembly,    21,559       

and the Ohio SchoolNet Telecommunity program in Am. Sub. H.B. 627  21,560       

of the 121st General Assembly, in developing the application       21,561       

procedures and criteria for the Interactive Distance Learning      21,562       

Program.  The commission shall give preference to lower wealth     21,563       

districts or consortia of such districts that do not have          21,564       

existing video teleconferencing technology.                        21,565       

      (6)  Up to $1,000,000 in fiscal year 2000 shall be used for  21,567       

the INFOhio Network of library resources to support the provision  21,568       

of library catalog automation software to elementary school        21,569       

libraries to share building, school district, and public library   21,570       

resources.  In determining the distribution of these moneys,       21,571       

INFOhio shall give consideration to the relative property wealth   21,572       

of the districts applying for assistance and may reduce the        21,573       

amount of assistance to any district if that district has          21,574       

received moneys awarded under the federal Library Services and     21,575       

Technology Act.                                                                 

      (B)(1)  Not later than November 30, 1999, the Executive      21,577       

Director of the Ohio SchoolNet Commission shall allocate to        21,578       

school districts pursuant to division (B)(2) of this section the   21,579       

                                                          453    


                                                                 
amount authorized under division (A)(2) of this section.  A        21,580       

school district's allocation shall remain available until the      21,581       

district is ready to use it, and the school district may use its   21,582       

allocation in phases.  A school district may use a portion of its  21,583       

allocation for training and staff development related to the       21,584       

project if approved by the Ohio SchoolNet Commission under         21,585       

division (C) of this section.                                                   

      (2) The commission shall allocate total subsidy amounts to   21,587       

qualifying school districts as follows:                            21,588       

      (a)  In the case of qualifying school districts with         21,590       

taxable value per pupil equal to or less than the statewide        21,591       

median district taxable value per pupil or qualifying school       21,592       

districts with a formula ADM of less than 150, the per pupil       21,593       

subsidy shall be $500.                                                          

      (b)  In the case of qualifying school districts with         21,595       

taxable value per pupil greater than the statewide median          21,596       

district taxable value per pupil, but less than $200,000 per       21,597       

pupil, the per pupil subsidy shall be $500 minus the amount        21,598       

yielded by the following formula:                                               

      $500 multiplied by [(district's taxable value per pupil      21,600       

minus statewide median district taxable value per pupil) divided   21,601       

by (200,000 minus statewide median district taxable value per      21,602       

pupil)<                                                                         

      (3)  As used in division (B)(2) of this section:             21,604       

      (a)  "District's taxable value per pupil" and "state         21,606       

taxable value per pupil" have the same meanings as in section      21,607       

3317.0215 of the Revised Code.                                     21,608       

      (b)  "Total subsidy" means per pupil subsidy as determined   21,610       

under division (B)(2)(a) or (b) of this section multiplied by the  21,611       

number of fifth grade students reported by the qualifying school   21,612       

district under division (A) of section 3317.03 of the Revised      21,613       

Code.                                                                           

      (c)  "Formula ADM" has the same meaning as in section        21,615       

3317.02 of the Revised Code.                                       21,616       

                                                          454    


                                                                 
      (C)  The Ohio SchoolNet Commission shall adopt procedures    21,618       

for the administration and implementation of the SchoolNet Plus    21,619       

Program.  The procedures shall include application procedures,     21,620       

specifications for education technology, and terms and conditions  21,621       

for participation in the program.  The commission shall not        21,622       

approve any application for participation in the program unless    21,623       

it has determined that the applicant can effectively and           21,624       

efficiently integrate the requested education technology into      21,625       

schools or the selected schools or classrooms for the phase of     21,626       

the program.                                                                    

      (D)  Educational technology made available to school         21,628       

districts under division (B) of this section shall be used as an   21,629       

integrated part of the curriculum in fifth grade classrooms.       21,630       

However, if the commission determines that a school district       21,631       

already has at least one interactive computer workstation for      21,632       

each five children enrolled in the fifth grade, and the district   21,633       

meets other minimum requirements that may be established by the    21,634       

commission concerning staff training and other education           21,635       

technology for such grades, the commission may permit the school   21,636       

district to use educational technology made available to it        21,637       

through the SchoolNet Plus Program for children in grades six      21,638       

through twelve.  Any funds not allocated by the commission in      21,639       

division (B) of this section shall be allocated as a first         21,640       

priority to community schools as established under Chapter 3314.   21,641       

of the Revised Code.  The commission shall develop community       21,642       

schools application procedures, specifications for education       21,643       

technology, and terms and conditions for participation in the      21,644       

program.  The commission shall not approve any application for     21,645       

participation in the program unless it has determined that the     21,646       

applicant can effectively and efficiently integrate the requested  21,647       

education technology into schools or the selected schools or       21,648       

classrooms for the phase of the program.                                        

      (E)  As used in this section:                                21,650       

      (1)  "Qualifying school district" means any city, local, or  21,652       

                                                          455    


                                                                 
exempted village school district.                                  21,653       

      (2)  "Educational technology" includes, but is not limited   21,655       

to, project-related computer hardware, equipment, training, and    21,656       

services; equipment used for two-way audio or video; software;     21,657       

and textbooks.                                                     21,658       

      (F)  Within thirty days of the effective date of this        21,660       

section, the Director of Budget and Management shall transfer any  21,661       

unencumbered and unallotted balance in appropriation item          21,662       

228-698, SchoolNet Plus, for fiscal year 1999 to appropriation     21,663       

item 228-698, SchoolNet Plus, for fiscal year 2000.  The amount    21,664       

so transferred is hereby appropriated.  The foregoing transfer     21,665       

item is discretionary funding for the Ohio SchoolNet Commission    21,666       

as provided in paragraph two of division (L) of Section 45.36 of   21,667       

Am. S.B. 230 of the 121st General Assembly, which permits the use  21,668       

of these discretionary moneys for planning, development,           21,669       

demonstration projects, and other commission-related activities.   21,670       

All appropriations that are unencumbered and unallotted in         21,671       

appropriation item 228-698, SchoolNet Plus, as of June 30, 2000,   21,672       

are hereby appropriated for the same purpose in fiscal year 2001   21,673       

upon the request of the Executive Director of the Ohio SchoolNet   21,674       

Commission and the approval of the Director of Budget and          21,675       

Management.                                                                     

      Section 11.01.  Technical and Instructional Professional     21,677       

Development                                                                     

      The foregoing appropriation item 228-406, Technical and      21,679       

Instructional Professional Development, shall be used by the Ohio  21,681       

SchoolNet Commission, to make grants to qualifying schools,                     

including the State School for the Blind and the Ohio School for   21,683       

the Deaf for the provision of hardware, software,                  21,684       

telecommunications services, and staff development to support      21,685       

educational uses of technology in the classroom.                   21,686       

      The Ohio SchoolNet Commission shall consider the             21,688       

professional development needs associated with the OhioReads       21,689       

Program when making funding allocations and program decisions.     21,690       

                                                          456    


                                                                 
      The Ohio Educational Telecommunications Network Commission,  21,692       

with the advice of the Ohio SchoolNet Commission, shall make       21,693       

grants totaling up to $1,400,000 in each year of the biennium for  21,695       

research development and production of interactive instructional   21,696       

programming series and teleconferences to support SchoolNet.  Up   21,697       

to $50,000 of this amount shall be used in each year of the        21,698       

biennium to provide for the administration of these activities by  21,699       

the Ohio Educational Telecommunications Network Commission.  The   21,700       

programming shall be targeted to the needs of the poorest 200      21,701       

school districts as determined by the district's adjusted          21,702       

valuation per pupil as defined in section 3317.0213 of the         21,703       

Revised Code.                                                                   

      Of the foregoing appropriation item 228-406, Technical and   21,705       

Instructional Professional Development, $3,300,000 in each fiscal  21,706       

year shall be distributed by the Ohio SchoolNet Commission to      21,708       

low-wealth districts or consortia including low-wealth school      21,709       

districts, as determined by the district's adjusted valuation per  21,711       

pupil as defined in section 3317.0213 of the Revised Code, or the  21,712       

State School for the Blind or the Ohio School for the Deaf.        21,713       

      The remaining appropriation allocated under this section     21,715       

shall be used by the Ohio SchoolNet Commission for professional    21,716       

development for teachers and administrators for the use of         21,717       

educational technology.  The commission shall make grants to       21,718       

provide technical assistance and professional development on the   21,719       

use of educational technology to school districts.                 21,720       

      Eligible recipients of grants include regional training      21,722       

centers, county offices of education, data collection sites,       21,723       

instructional technology centers, institutions of higher           21,724       

education, public television stations, special education resource  21,726       

centers, area media centers, or other nonprofit educational        21,727       

organizations.  Services provided through these grants may         21,728       

include use of private entities subcontracting through the grant   21,729       

recipient.                                                                      

      Grants shall be made to entities on a contractual basis      21,731       

                                                          457    


                                                                 
with the Ohio SchoolNet Commission.  Contracts shall include       21,733       

provisions that demonstrate how services will benefit technology   21,734       

use in the schools, and in particular will support SchoolNet       21,735       

efforts to support technology in the schools.  Contracts shall     21,736       

specify the scope of assistance being offered and the potential    21,737       

number of professionals who will be served.  Contracting entities  21,738       

may be awarded more than one grant at a time.                      21,739       

      Grants shall be awarded in a manner consistent with the      21,741       

goals of SchoolNet.  Special emphasis in the award of grants       21,742       

shall be placed on collaborative efforts among service providers.  21,743       

      Application for grants from this appropriation shall be      21,745       

consistent with a school district's technology plan that shall     21,746       

meet the minimum specifications for school district technology     21,747       

plans as prescribed by the Ohio SchoolNet Commission.  Funds       21,748       

allocated through these grants may be combined with funds          21,749       

received through other state or federal grants for technology as   21,750       

long as the school district's technology plan specifies the use    21,751       

of these funds.  The commission may combine the application for    21,752       

these grants with the SchoolNet application process authorized in  21,754       

Am. Sub. H.B. 790 of the 120th General Assembly.                                

      Education Technology                                         21,756       

      The foregoing appropriation item 228-539, Education          21,758       

Technology, shall be used to provide funding to suppliers of       21,759       

information services to school districts for the provision of      21,760       

hardware, software, and staff development in support of            21,761       

educational uses of technology in the classroom as prescribed by   21,762       

the State Plan for Technology pursuant to section 3301.07 of the   21,763       

Revised Code, and to support assistive technology for children     21,764       

and youth with disabilities.                                       21,765       

      Up to $5,776,929 in each fiscal year shall be used by the    21,767       

Ohio SchoolNet Commission to contract with instructional           21,768       

television and $930,492 in fiscal year 2000, and $956,546 in       21,770       

fiscal year 2001 shall be used by the commission to contract with  21,771       

education media centers to provide Ohio schools with               21,772       

                                                          458    


                                                                 
instructional resources and services.                              21,773       

      Resources may include, but not be limited to, the            21,775       

following:  pre-recorded video materials (including videotape,     21,776       

laser discs, and CD-ROM discs); computer software for student use  21,778       

and/or student access to electronic communication, databases,      21,779       

spreadsheet, and word processing capability; live student courses  21,780       

or courses delivered electronically; automated media systems; and  21,781       

instructional and professional development materials for           21,782       

teachers.  The commission shall cooperate with such agencies in    21,783       

the acquisition, development, and delivery of such educational     21,784       

resources to ensure high-quality and educational soundness at the  21,785       

lowest possible cost.  Delivery of such resources may utilize a    21,786       

variety of technologies, with preference given to a high-speed     21,787       

integrated information network that can transport video, voice,    21,788       

data, and graphics simultaneously.                                              

      Services shall include presentations and technical           21,790       

assistance that will help students and teachers integrate          21,791       

educational materials that support curriculum objectives, match    21,792       

specific learning styles, and are appropriate for individual       21,793       

interests and ability levels.                                      21,794       

      Such instructional resources and services shall be made      21,796       

available for purchase by chartered nonpublic schools or by        21,797       

public school districts for the benefit of pupils attending        21,798       

chartered nonpublic schools.                                                    

      Section 11.02.  Interactive Parenting Program                21,800       

      The foregoing appropriation item 228-559, Interactive        21,802       

Parenting Program, shall be used by the Ohio SchoolNet Commission  21,803       

to fund a grant to RISE, Inc., as partial support to train         21,805       

preschool staff members and parents.                                            

      It is the intent of the General Assembly that the            21,807       

commission, in conjunction with RISE, Inc., shall develop a        21,808       

program which may be conducted in conjunction with                 21,809       

state-supported technology programs including, but not limited     21,810       

to, SchoolNet appropriation item 228-406, and Education            21,811       

                                                          459    


                                                                 
Technology appropriation item 228-539, designed to educate         21,812       

preschool staff members and providers on developmentally           21,813       

appropriate teaching methods and to involve parents more closely   21,814       

in the education and development of their children.  The project   21,815       

shall include an interactive instructional program, which shall    21,816       

be distributed to program participants at up to twenty-six         21,817       

locations throughout the state.  The interactive instructional     21,818       

program shall be developed to enhance the professional             21,819       

development, training, and performance of preschool staff          21,820       

members; the education and care-giving skills of the parents of    21,821       

preschool children; and the preparation of preschool-aged          21,822       

children for learning.                                                          

      The project shall utilize the grant and matching nonpublic   21,824       

funds to continue a direct-service program that shall include at   21,825       

least three teleconferences to be distributed by Ohio-based        21,826       

public television utilizing satellite or microwave technology in   21,827       

a manner designed to promote interactive communications between    21,828       

the program participants located at sub-sites within the Ohio      21,829       

Educational Broadcast Network or as determined by the commission.  21,830       

Program participants shall communicate with trainers and           21,831       

participants at other program sites through telecommunications     21,832       

and facsimile and on-line computer technology.  To the maximum     21,833       

extent possible, the project shall utilize systems currently       21,834       

available in state-supported technology programs and conduct the   21,835       

program in a manner that promotes innovative, interactive          21,836       

communications between the program participants at all the sites.  21,838       

Parent support groups and teacher training sessions shall                       

supplement the teleconferences and shall occur on a local basis.   21,839       

      RISE, Inc., may subcontract components of the project.       21,841       

      Individuals eligible to participate in the program shall     21,843       

include those children, their parents, custodians, or guardians,   21,844       

and preschool staff members who are eligible to participate in a   21,845       

preschool program as defined in division (A) of section 3301.52    21,846       

and section 5104.02 of the Revised Code.                           21,847       

                                                          460    


                                                                 
      (A)  In addition to the foregoing, up to $400,000 each       21,849       

fiscal year may be used by RISE, Inc., to enter into a             21,850       

competitively bid contract with a not-for-profit entity or         21,851       

entities to conduct a series of training programs for adult        21,852       

volunteers who work with adolescent youths in after school         21,853       

mentoring programs, including youth-serving organizations such as  21,854       

Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and       21,855       

public school mentor programs. The series of programs shall be     21,856       

designed to:                                                                    

      (1)  Improve the quality and effectiveness of adult          21,858       

volunteers so that they would sustain their involvement with       21,859       

youths over time.  Specifically, the adult volunteers would        21,860       

improve their ability to motivate, supervise, and communicate      21,862       

with young people.                                                              

      (2)  Improve the quality and effectiveness of adult          21,864       

volunteers so that the children they mentor, coach, teach, or      21,865       

befriend would sustain their involvement with youth-serving        21,866       

organizations over time;                                           21,867       

      (3)  Encourage collaboration between all Ohio youth-serving  21,870       

organizations, including 4-H, Boy Scouts, Girls Scouts, Big        21,871       

Brothers, Big Sisters, and others;                                              

      (4)  Provide cost-efficient, sustainable distance learning   21,874       

to both rural and urban sites.                                                  

      (B)  In order to be eligible for the contract with RISE,     21,876       

Inc., the program participants shall be able to demonstrate that   21,877       

leading national experts in adolescent development intervention    21,878       

programs will be utilized and that such program will make use of   21,879       

a variety of media to engage participants and assist them in       21,880       

learning the goals of the program.  The program shall be designed  21,881       

to focus on the adult volunteers who assist in youth development.  21,883       

Training content shall focus on:                                                

      (1)  Development issues for youth;                           21,885       

      (2)  Best practices to motivate, guide, and communicate      21,888       

with these youths;                                                              

                                                          461    


                                                                 
      (3)  Strategies for successful adult-to-adult interpersonal  21,891       

relationships that are necessary for ongoing learning and          21,892       

support.                                                                        

      The program may include: two broadcast seminars of three     21,894       

hours in length from a central up-link station, distributed in up  21,895       

to 88 counties; corporate settings and extension offices with      21,896       

on-site facilitated discussion and exercises; high                 21,897       

production-value video sought in various locations; and direct     21,898       

interactive adult learning activities.  The program shall develop  21,899       

program workbooks.  The program shall also involve at least three  21,900       

small group facilitated follow-up discussion workshops and         21,901       

development and distribution of at least two home videos.  The     21,902       

program shall also provide Internet access, interactive lines,     21,903       

bulletin board, and CD-ROM.                                        21,904       

      Private sector supporters or RISE, Inc., subcontractors      21,906       

shall match 50 per cent of the contract amount awarded under this  21,907       

program.  Upon completion of the program, a study and report       21,908       

shall be made by The Ohio State University with measurable         21,909       

outcome variables.                                                              

      Upon completion of each of the school years for which the    21,911       

grant was made, RISE, Inc., shall issue a report to the            21,912       

commission and the members of the General Assembly explaining the  21,913       

goals and objectives determined, the activities implemented, the   21,914       

progress made toward the achievement of the goals and objectives,  21,915       

and the outcome of the project.                                    21,916       

      Distance Learning                                            21,918       

      Appropriation item 228-634, Distance Learning, shall be      21,920       

distributed by the Ohio SchoolNet Commission on a grant basis to   21,921       

eligible school districts to establish "distance learning" in the  21,922       

school district.  Per the agreement with Ameritech, school         21,923       

districts are eligible for funds if they are within an Ameritech   21,924       

service area.  Funds to administer the program shall be expended   21,925       

by the commission up to the amount specified in the agreement      21,926       

with Ameritech.                                                    21,927       

                                                          462    


                                                                 
      Within 30 days of the effective date of this section, the    21,929       

Director of Budget and Management shall transfer from fund 4XI in  21,931       

the State Special Revenue Fund Group any investment earnings from  21,932       

moneys paid to the office or to the SchoolNet Commission by any    21,933       

telephone company as part of a settlement agreement between the    21,934       

company and the Public Utilities Commission in fiscal year 1995.   21,935       

      Electrical Infrastructure                                    21,937       

      The unencumbered and unallotted balances of June 30, 1999,   21,939       

in appropriation item 228-690, SchoolNet Electrical                21,940       

Infrastructure, are hereby reappropriated to fund projects         21,941       

pursuant to this section.  The foregoing appropriation item may                 

be distributed by the Ohio SchoolNet Commission for use by school  21,942       

districts to renovate existing buildings with sufficient           21,943       

electrical service to safely operate educational technology        21,944       

consistent with their SchoolNet and SchoolNet Plus technology      21,945       

plans.  The Executive Director of the Ohio SchoolNet Commission                 

shall review grant proposals from school districts for the use of  21,946       

these funds.  In evaluating grant proposals, the executive         21,947       

director shall consider the ability and commitment of school       21,948       

districts to contribute local public and private resources to      21,949       

upgrade their electrical service and shall give consideration to   21,950       

consortia of school districts that have formed to optimize                      

resources to upgrade electrical service.  In no case shall grant   21,951       

awards exceed $1,000,000 for a single school district.  Funding    21,952       

recommendations for this appropriation made by the executive       21,953       

director are subject to the review of the Ohio SchoolNet           21,954       

Commission.                                                                     

      Section 12.  SCR  STATE BOARD OF PROPRIETARY SCHOOL          21,956       

                          REGISTRATION                             21,957       

General Revenue Fund                                               21,959       

GRF 233-100 Personal Services     $      377,366 $      386,822    21,964       

GRF 233-200 Maintenance           $      104,158 $      107,075    21,968       

GRF 233-300 Equipment             $        5,000 $        5,000    21,972       

TOTAL GRF General Revenue Fund    $      486,524 $      498,897    21,975       

                                                          463    


                                                                 
TOTAL ALL BUDGET FUND GROUPS      $      486,524 $      498,897    21,978       

      Section 13.  TTA  OHIO TUITION TRUST AUTHORITY               21,981       

State Special Revenue Fund Group                                   21,983       

645 095-601 Operating Expenses    $    3,856,585 $    4,126,546    21,988       

TOTAL SSR State Special Revenue                                    21,989       

   Fund Group                     $    3,856,585 $    4,126,546    21,992       

TOTAL ALL BUDGET FUND GROUPS      $    3,856,585 $    4,126,546    21,995       

      Operating Expenses                                           21,998       

      The foregoing appropriation item 095-601, Operating          22,000       

Expenses, shall be used to pay the operating expenses of the Ohio  22,001       

Tuition Trust Authority.                                           22,002       

      Of the foregoing appropriation item 095-601, Operating       22,004       

Expenses, up to $30,000 over the biennium shall be used by the     22,005       

Auditor of State to complete a performance audit of the Tuition    22,006       

Trust Authority.                                                                

      Section 14.  Property Tax Allocation - Education             22,008       

      The appropriation item 200-901, Property Tax Allocation -    22,009       

Education, made to the Department of Education, is appropriated    22,010       

to pay for the state's costs incurred due to the homestead         22,011       

exemption and the property tax rollback.  In cooperation with the  22,012       

Department of Taxation, the Department of Education shall                       

distribute these funds directly to the appropriate school          22,013       

districts of the state, notwithstanding the provisions in          22,014       

sections 321.24 and 323.156 of the Revised Code, which provide     22,015       

for payment of the homestead exemption and property tax rollback   22,016       

by the Tax Commissioner to the appropriate county treasurer and    22,017       

the subsequent redistribution of these funds to the appropriate                 

local taxing districts by the county auditor.                      22,018       

      The appropriation item 200-906, Tangible Tax Exemption -     22,020       

Education, made to the Department of Education, is appropriated    22,021       

to pay for the state's costs incurred due to the tangible          22,022       

personal property tax exemption required by division (C)(3) of     22,023       

section 5709.01 of the Revised Code.  In cooperation with the      22,024       

Department of Taxation, the Department of Education shall                       

                                                          464    


                                                                 
distribute to each county treasurer the total amount certified by  22,025       

the county treasurer pursuant to section 319.311 of the Revised    22,026       

Code, for all school districts located in the county,              22,027       

notwithstanding the provision in section 319.311 of the Revised    22,028       

Code which provides for payment of the $10,000 tangible personal   22,029       

property tax exemption by the Tax Commissioner to the appropriate  22,030       

county treasurer for all local taxing districts located in the     22,031       

county.  Pursuant to division (G) of section 321.24 of the         22,032       

Revised Code, the county auditor shall distribute the amount paid               

by the Department of Education among the appropriate school        22,034       

districts.                                                                      

      Upon receipt of these amounts, each school district shall    22,036       

distribute the amount among the proper funds as if it had been     22,037       

paid as real or tangible personal property taxes.  Payments for    22,038       

the costs of administration shall continue to be paid to the       22,039       

county treasurer and county auditor as provided for in sections    22,040       

319.54, 321.26, and 323.156 of the Revised Code.                                

      Any sums, in addition to the amounts specifically            22,042       

appropriated in appropriation items 200-901, Property Tax          22,044       

Allocation - Education, for the homestead exemption and the        22,045       

property tax rollback payments, and 200-906, Tangible Tax                       

Exemption - Education, for the $10,000 tangible personal property  22,046       

tax exemption payments, which are determined to be necessary for   22,047       

these purposes, are hereby appropriated.                           22,048       

      Section 15.  Personal Service Expenses                       22,050       

      Unless otherwise prohibited by law, each appropriation in    22,052       

this act from which personal service expenses are paid shall bear  22,053       

the employer's share of public employees' retirement, workers'     22,054       

compensation, disabled workers' relief, and all group insurance    22,055       

programs; the costs of centralized accounting, centralized         22,056       

payroll processing, and related personnel reports and services;    22,057       

the cost of the Office of Collective Bargaining; the cost of the   22,058       

Personnel Board of Review; the cost of the Employee Assistance     22,059       

Program; the cost of the Equal Opportunity Center; the costs of    22,060       

                                                          465    


                                                                 
interagency management infrastructure and the cost of              22,062       

administering the state employee merit system as required by                    

section 124.07 of the Revised Code.  Such costs shall be           22,063       

determined in conformity with appropriate sections of law and      22,064       

paid in accordance with procedures specified by the Office of      22,065       

Budget and Management.                                             22,066       

      Section 16.  Satisfaction of Judgments and Settlements       22,068       

Against the State                                                  22,069       

      An appropriation contained in this act may be used for the   22,071       

purpose of satisfying judgments or settlements in connection with  22,072       

civil actions against the state in federal court not barred by     22,073       

sovereign immunity or the Eleventh Amendment to the Constitution   22,074       

of the United States, or for the purpose of satisfying judgments,  22,075       

settlements, or administrative awards ordered or approved by the   22,076       

Court of Claims in connection with civil actions against the                    

state, pursuant to section 2743.15, 2743.19, or 2743.191 of the    22,077       

Revised Code.  This authorization shall not apply to               22,078       

appropriations to be applied to or used for payment of guarantees  22,079       

by or on behalf of the state, for or relating to lease payments    22,080       

or debt service on bonds, notes, or similar obligations and those  22,081       

from the School Building Program Assistance Fund (Fund 032), and                

any other fund into which proceeds of obligations are deposited.   22,083       

Nothing contained in this section is intended to subject the                    

state to suit in any forum in which it is not otherwise subject    22,084       

to suit, nor is it intended to waive or compromise any defense or  22,085       

right available to the state in any suit against it.               22,086       

      Section 17.  (A)  As used in this section:                   22,088       

      (1)  "FY 1999 state aid" means the total amount of state     22,090       

money received by a joint vocational school district under the     22,091       

version of sections 3317.16 and 3317.162 of the Revised Code in    22,092       

effect for that fiscal year, minus the amounts paid for driver     22,093       

education and adult education.                                                  

      (2)  "FY 2000 state aid," "FY 2001 state aid," and "FY 2002  22,096       

state aid" mean the total amount of state money received by a      22,097       

                                                          466    


                                                                 
joint vocational school district in the applicable fiscal year     22,098       

under divisions (B) to (D) of the version of section 3317.16 of    22,100       

the Revised Code in effect for the applicable fiscal year and      22,101       

division (R) of the version of section 3317.024 of the Revised     22,102       

Code in effect for the applicable fiscal year.                                  

      (3)  "FY 2000 actual aid" and "FY 2001 actual aid" mean the  22,105       

amount of state aid described in division (A)(2) of this section   22,106       

that was actually paid to a joint vocational school district in    22,107       

the applicable fiscal year after the application of division (B)   22,108       

or (C) of this section.                                            22,109       

      (4)  "Formula ADM" has the same meaning as in section        22,111       

3317.02 of the Revised Code.                                       22,112       

      (5)  "FY 1999 ADM" means the average daily membership        22,114       

certified by the joint vocational school district for fiscal year  22,116       

1999 under division (D) of the version of section 3317.03 of the   22,117       

Revised Code in effect for that year.                              22,118       

      (B)  In fiscal year 2000, notwithstanding any provision of   22,120       

law to the contrary, no joint vocational school district shall     22,121       

receive FY 2000 state aid that is more than the greater of the     22,122       

following:                                                                      

      (1)  110.5% of its FY 1999 state aid;                        22,124       

      (2)  [1.085 X (FY 1999 state aid/FY 1999 ADM)< X fiscal      22,127       

year 2000 formula ADM.                                             22,129       

      If a joint vocational school district's projected FY 2000    22,131       

state aid is more than the greater of division (B)(1) or (2) of    22,132       

this section, the district shall receive only the greater of       22,133       

division (B)(1) or (2) of this section in fiscal year 2000.        22,134       

      (C)  In fiscal year 2001, notwithstanding any provision of   22,136       

law to the contrary, no joint vocational school district shall     22,137       

receive FY 2001 state aid that is more than the greater of the     22,138       

following:                                                                      

      (1)  111% of its FY 2000 actual aid;                         22,140       

      (2)  [1.09 X (FY 2000 actual aid/fiscal year 2000 formula    22,142       

ADM)< X fiscal year 2001 formula ADM.                              22,144       

                                                          467    


                                                                 
      If a joint vocational school district's projected FY 2001    22,146       

state aid is more than the greater of division (C)(1) or (2) of    22,147       

this section, the district shall receive only the greater of       22,148       

division (C)(1) or (2) of this section in fiscal year 2001.        22,149       

      (D)  In fiscal year 2002, notwithstanding any provision of   22,151       

law to the contrary, no joint vocational school district shall     22,152       

receive FY 2002 state aid that is more than the greater of the     22,153       

following:                                                                      

      (1)  110% of its FY 2001 state aid;                          22,155       

      (2)  [1.06 X (FY 2001 actual aid/fiscal year 2001 formula    22,157       

ADM)< X fiscal year 2002 formula ADM.                              22,159       

      If a joint vocational school district's projected FY 2002    22,161       

state aid is more than the greater of division (D)(1) or (2) of    22,162       

this section, the district shall receive only the greater of       22,163       

division (D)(1) or (2) of this section in fiscal year 2002.        22,164       

      Section 18.  Lease Payments to OPFC, OBA, and Treasurer      22,166       

      Certain appropriations are in this act for the purpose of    22,168       

lease payments to the Ohio Public Facilities Commission, to the    22,170       

Ohio Building Authority, and to the Treasurer of State for the                  

purpose of paying principal and interest on bonds or notes issued  22,173       

by the Ohio Public Facilities Commission, the Ohio Building        22,174       

Authority, or the Treasurer of State pursuant to the Ohio          22,177       

Constitution and acts of the General Assembly.  If it is                        

determined that additional appropriations are necessary for this   22,178       

purpose, such amounts are hereby appropriated.                     22,179       

      Section 19.  That Section 45.32 of Am. Sub. H.B. 117 of the  22,181       

121st General Assembly, as amended by Am. Sub. H.B. 215 and Am.    22,182       

Sub. H.B. 770 of the 122nd General Assembly, be amended to read    22,184       

as follows:                                                                     

      "Sec. 45.32.  (A)  As used in this section:                  22,186       

      (1)  A "client district" of an educational service center    22,188       

means a city or exempted village school district that has entered  22,189       

into an agreement with that service center pursuant to section     22,190       

3313.843 of the Revised Code.                                      22,191       

                                                          468    


                                                                 
      "CLIENT DISTRICT" ALSO INCLUDES ANY CITY OR EXEMPTED         22,193       

VILLAGE SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH    22,195       

THE EDUCATIONAL SERVICE CENTER UNDER SECTION 3313.843 OF THE       22,196       

REVISED CODE AND REIMBURSES THE EDUCATIONAL SERVICE CENTER UNDER                

SECTION 3317.11 OF THE REVISED CODE EVEN THOUGH SUCH AGREEMENT     22,197       

WAS EXECUTED AFTER JANUARY 1, 1997, AND THE EDUCATIONAL SERVICE    22,198       

CENTER DOES NOT RECEIVE ANY STATE FUNDING UNDER DIVISION (B)(1)    22,199       

OR (C) OF SECTION 3317.11 OF THE REVISED CODE.                     22,200       

      (2)  "ADM" means the combined ADM of the local school        22,202       

districts having territory in a service center and the ADM of      22,204       

each client district of such center.                               22,205       

      (B)  By June 1, 1997, in the case of any educational         22,207       

service centers that are serving only one local district pursuant  22,209       

to section 3311.051 of the Revised Code; AND except as otherwise   22,210       

provided in division (C) of this section, by June 1, 1999, in the  22,212       

case of any service centers with ADMs of less than 8,000 that      22,213       

serve fewer than six local or client school districts; and by                   

June 1, 2000, in the case of any educational service centers with  22,215       

ADMs of less than 8,000 that serve six or more local or client     22,217       

school districts, the superintendents of such service centers      22,218       

shall notify the Superintendent of Public Instruction of the name  22,220       

of one or more adjacent educational service centers with which     22,221       

such service centers will merge to form joint service centers.                  

If the Superintendent does not receive such notification from a    22,222       

center serving only one local district or serving an ADM of less   22,223       

than 8,000 by the required date, the Superintendent shall          22,224       

determine one or more suitable adjacent centers for such merger    22,225       

and shall notify the superintendents and governing boards of all   22,226       

centers involved of the determination.  The centers named in the   22,227       

notification required by this section or determined by the         22,228       

Superintendent of Public Instruction pursuant to this section      22,229       

shall form a joint center pursuant to section 3311.053 of the      22,230       

Revised Code, which shall be effective on the first day of July    22,231       

immediately following notification by the service center, or by    22,232       

                                                          469    


                                                                 
the Superintendent of Public Instruction, whichever applies.       22,233       

      (C)  Any educational service center created on or before     22,236       

July 1, 1997, under a merger of two educational service centers    22,237       

pursuant to Section 45.32 of Am. Sub. H.B. 117 of the 121st        22,238       

General Assembly, which service centers each contained only one    22,239       

local school district at the time of the merger shall comply with  22,241       

division (B) of this section by June 1, 2000."                     22,242       

      Section 20.  That existing Section 45.32 of Am. Sub. H.B.    22,244       

117 of the 121st General Assembly, as amended by Am. Sub. H.B.     22,245       

215 and Am. Sub. H.B. 770 of the 122nd General Assembly, is        22,246       

hereby repealed.                                                   22,247       

      Section 21.  That Section 50.52.2 of Am. Sub. H.B. 215 of    22,249       

the 122nd General Assembly be amended to read as follows:          22,250       

      "Sec. 50.52.2.  (A)  As used in this section:                22,252       

      (1)  "Lucas County area" includes the entire territory of    22,255       

any school district having the majority of its territory in Lucas  22,256       

County.                                                                         

      (2)  "Start-up school" means a community school other than   22,258       

one created by converting all or part of an existing public        22,259       

school, as designated in the school's contract pursuant to         22,260       

division (P) of Subsection 5 of this section.                      22,261       

      (B)  The General Assembly finds that the establishment of    22,263       

independent community schools throughout the state has potential   22,264       

desirable effects, including providing parents a choice of         22,265       

academic environments for their children and providing the         22,266       

education community with the opportunity to establish limited      22,267       

experimental educational programs in a deregulated setting.        22,268       

However, the potential effects of a statewide system of community  22,270       

schools could also generate some adverse results.  Therefore, the  22,271       

General Assembly finds it advisable to establish a pilot project   22,272       

in the Lucas County area which will permit the operation of        22,273       

community schools in a limited area of the state in order to       22,274       

provide for the evaluation and measurement of the effects of       22,275       

these schools.                                                                  

                                                          470    


                                                                 
      No more than twenty start-up school contracts may be in      22,278       

effect at any time under this section.  The Superintendent of the  22,280       

Lucas County Educational Service Center shall be responsible for   22,281       

ensuring that the twenty start-up schools represent diverse                     

educational missions, are intended to serve a number of different  22,283       

grade levels, and will appeal to students with a variety of        22,284       

interests or characteristics in order to provide for a range of    22,285       

educational experiments within the pilot project schools.  Upon    22,286       

entering into a preliminary agreement pursuant to Subsection 4 of  22,287       

this section, the potential sponsor of a community school shall    22,288       

file a copy of the preliminary agreement with the Superintendent   22,289       

of the Lucas County Educational Service Center.  Within            22,290       

twenty-four hours of receipt of the preliminary agreement for a    22,291       

start-up school, the Superintendent shall determine whether the    22,292       

proposed school will add to the diversity of the pilot project     22,293       

schools through offering a unique educational mission, serving     22,294       

grade levels of students or students with certain characteristics  22,295       

or interests not yet being served by other community schools, or   22,296       

offering innovative instructional methods.  If the school will     22,297       

not add to the diversity of the pilot project schools and would    22,298       

be overserving students of a certain type or grade level, the      22,299       

Superintendent may reject the school's preliminary agreement and   22,300       

shall immediately notify the sponsor and the proposing group or    22,301       

individual.  Upon entering into a community school contract, the   22,303       

sponsor shall file a copy of the approved contract with that       22,304       

Superintendent.  Within twenty-four hours of the filing of the     22,305       

contract, the Superintendent shall notify the sponsor whether      22,306       

twenty start-up school contracts were already in effect at the     22,307       

time of the filing.  If twenty such contracts were in effect, the  22,308       

contract filed by the sponsor shall be voided.                     22,309       

      Within twenty-four hours of a request of any person, the     22,311       

Superintendent shall indicate the number of preliminary            22,312       

agreements for start-up schools currently outstanding and the      22,313       

number of contracts currently in effect.                           22,314       

                                                          471    


                                                                 
      (C)  No start-up or converted community school shall begin   22,316       

operation under this section after June 30, 2000.                  22,317       

      (D)  Not later than September 28, 1997, the Director of the  22,319       

Legislative Office of Education Oversight, in consultation with    22,320       

the Superintendent of the Lucas County Educational Service         22,321       

Center, a classroom teacher appointed by the board of the Ohio     22,322       

Education Association, a classroom teacher appointed by the board  22,323       

of the Ohio Federation of Teachers, and a classroom teacher who    22,324       

is a member of neither of these organizations selected by that     22,325       

Superintendent, shall develop a study design for the evaluation    22,326       

of the pilot project COMMUNITY schools and the overall effects of  22,328       

the community school pilot project SCHOOLS.  The study design      22,329       

shall include the criteria that the Office will use to determine   22,330       

the positive and negative effects of the project SCHOOLS overall,  22,331       

and the success or failure of individual community schools.  The   22,333       

design shall include a description of the data that must be        22,334       

collected by the Superintendent and by each community school and   22,335       

sponsor and a timeline for the collection of the data.  The        22,336       

director shall adapt the study design prepared under this          22,337       

subsection for use in evaluating community schools established     22,338       

under Chapter 3314. of the Revised Code, as well as the Lucas      22,339       

County pilot project community schools.  The office shall notify   22,340       

each community school of the data that must be collected and the   22,341       

timeline for collection of the data.  Data shall be collected at   22,342       

regular intervals, but no evaluation of the results of data        22,343       

collected shall be made by the Office prior to June 2001.  A       22,344       

preliminary report, together with any recommendations to improve   22,345       

community schools, shall be issued to the Speaker of the House of  22,346       

Representatives and the President of the Senate by June 30, 2001.  22,347       

A final report, with recommendations as to the future of           22,348       

community schools in Ohio, shall be made to the Speaker and        22,349       

President by June 1, 2003."                                                     

      Section 22.  That existing Section 50.52.2 of Am. Sub. H.B.  22,351       

215 of the 122nd General Assembly is hereby repealed.              22,352       

                                                          472    


                                                                 
      Section 23.  That Section 18 of Am. Sub. H.B. 650 of the     22,354       

122nd General Assembly, as most recently amended by Am. Sub. H.B.  22,355       

850 of the 122nd General Assembly, be amended to read as follows:  22,356       

      "Sec. 18.  (A)  As used in this section:                     22,358       

      (1)  "FY 1998 state aid" means the total amount of state     22,360       

money received by a school district for fiscal year 1998 as        22,362       

reported on the Department of Education's form "SF-12," adjusted   22,363       

as follows:                                                        22,364       

      (a)  Minus any amounts for approved preschool handicapped    22,367       

units;                                                                          

      (b)  Minus any additional amount attributable to the         22,370       

reappraisal guarantee of division (C) of section 3317.04 of the    22,371       

Revised Code;                                                                   

      (c)  Plus the amount deducted for payments to an             22,373       

educational service center;                                        22,374       

      (d)  Plus an estimated portion of the state money            22,376       

distributed in fiscal year 1998 to other school districts or       22,377       

educational service centers for approved units, other than         22,378       

preschool handicapped or gifted education units, attributable to   22,379       

the costs of providing services in those units to students         22,380       

entitled to attend school in the district;                         22,381       

      (e)  Minus an estimated portion of the state money           22,383       

distributed to the school district in fiscal year 1998 for         22,384       

approved units, other than preschool handicapped units or gifted   22,385       

education units, attributable to the costs of providing services   22,386       

in those units to students entitled to attend school in another    22,387       

school district;                                                   22,388       

      (f)  Plus any additional amount paid pursuant to the         22,391       

vocational education recomputation required by former Section      22,392       

50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly;      22,394       

      (g)  Plus any additional amount paid pursuant to the         22,397       

special education recomputation required by former division (I)    22,398       

of section 3317.023 of the Revised Code;                           22,399       

      (h)  Plus any amount paid for equity aid under section       22,402       

                                                          473    


                                                                 
3317.0213 of the Revised Code;                                                  

      (i)  Plus any amount received for that year pursuant to      22,404       

section 3317.027 of the Revised Code;                              22,405       

      (j)  Plus any amount received for that year pursuant to a    22,407       

recomputation made under division (B) of section 3317.022 of the   22,408       

Revised Code.                                                                   

      (2)  "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS       22,411       

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  22,416       

state aid" mean the total amount of state money a school district  22,417       

is eligible to receive for the applicable fiscal year under        22,418       

divisions (A), (B), (C)(1) AND (5), and (D), AND (E) of section    22,420       

3317.022 and sections 3317.025, 3317.027, 3317.029, 3317.0212,     22,422       

and 3317.0213 of the Revised Code, plus any amount for which the   22,423       

district is eligible pursuant to division (C) of section           22,425       

3317.023, divisions (G) and, (P), AND (R) of section 3317.024,     22,428       

and THE SUPPLEMENTAL UNIT ALLOWANCE PAID FOR GIFTED UNITS UNDER    22,429       

division (B) of section 3317.162 of the Revised Code, and prior    22,430       

to any deductions or credits required by division (B), (D), (E),   22,431       

(F), (G), (H), (I), (J), or (K), OR (L) of section 3317.023 or     22,433       

division (J) of section 3317.029 of the Revised Code.              22,434       

      (3)(4)  "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE   22,437       

AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE          22,438       

APPLICATION OF DIVISION (B) OF THIS SECTION, PLUS AN APPROPRIATE   22,439       

PROPORTION, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OF THE   22,440       

AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FROM                 

THE VOCATIONAL EDUCATION SET-ASIDE, AS DEFINED IN SECTION          22,441       

3317.0212 OF THE REVISED CODE AND ATTRIBUTABLE TO THE DISTRICT'S   22,442       

STUDENTS.                                                                       

      (5)  "FY 2000 actual aid," AND "FY 2001 actual aid," and     22,447       

"FY 2002 actual aid" means MEAN the amount of the state aid        22,448       

described in division (A)(2)(3) of this section that was actually  22,450       

paid to a school district in the applicable fiscal year after the  22,452       

                                                          474    


                                                                 
application of divisions (B)(C) to (E) of this section.                         

      (4)(6)  "FY 1998 ADM," "formula ADM," and "three-year        22,455       

average formula ADM" have the meanings prescribed in section       22,456       

3317.02 of the Revised Code.                                       22,457       

      (5)(7)  "All-day kindergarten" has the meaning prescribed    22,459       

in section 3317.029 of the Revised Code.                           22,460       

      (8)  "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED      22,462       

VILLAGE SCHOOL DISTRICT.                                           22,463       

      (B)  In fiscal year 1999, notwithstanding any provision of   22,466       

law to the contrary, no school district shall receive FY 1999                   

state aid that is more than the greater of the following:          22,468       

      (1)  110 per cent of FY 1998 state aid;                      22,470       

      (2)  [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater  22,473       

of fiscal year 1999 formula ADM or three-year average formula      22,474       

ADM.                                                                            

      If a district's projected FY 1999 state aid is more than     22,476       

the greater of division (B)(1) or (2) of this section, such        22,478       

district shall receive only the greater of division (B)(1) or (2)  22,480       

of this section in fiscal year 1999.                               22,481       

      (C)  In fiscal year 2000, notwithstanding any provision of   22,484       

law to the contrary, no school district shall receive FY 2000                   

state aid that is more than the greater of the following:          22,485       

      (1)  110 110.5 per cent of ADJUSTED FY 1999 actual aid;      22,488       

      (2)  [1.06 1.085 X (ADJUSTED FY 1999 actual aid/fiscal year  22,491       

1999 formula ADM)< X the greater of fiscal year 2000 formula ADM   22,494       

or three-year average formula ADM.                                              

      If a district's projected FY 2000 state aid is more than     22,496       

the greater of division (C)(1) or (2) of this section, such        22,497       

district shall receive only the greater of division (C)(1) or (2)  22,499       

of this section in fiscal year 2000.                               22,500       

      (D)  In fiscal year 2001, notwithstanding any provision of   22,503       

law to the contrary, no school district shall receive FY 2001                   

state aid that is more than the greater of the following:          22,504       

      (1)  110 111 per cent of FY 2000 actual aid;                 22,507       

                                                          475    


                                                                 
      (2)  [1.06 1.09 X (FY 2000 actual aid/fiscal year 2000       22,510       

formula ADM)< X the greater of fiscal year 2001 formula ADM or     22,512       

three-year average formula ADM.                                                 

      If a district's projected FY 2001 state aid is more than     22,514       

the greater of division (D)(1) or (2) of this section, such        22,516       

district shall receive only the greater of division (D)(1) or (2)  22,519       

of this section in fiscal year 2001.                                            

      (E)  In fiscal year 2002, notwithstanding any provision of   22,522       

law to the contrary, no school district shall receive FY 2002                   

state aid that is more than the greater of the following:          22,523       

      (1)  110 per cent of FY 2001 actual aid;                     22,526       

      (2)  [1.06 X (FY 2001 actual aid/fiscal year 2001 formula    22,530       

ADM)< X the greater of fiscal year 2002 formula ADM or three-year  22,531       

average formula ADM.                                                            

      If a district's projected FY 2002 state aid is more than     22,533       

the greater of division (E)(1) or (2) of this section, such        22,535       

district shall receive only the greater of division (E)(1) or (2)  22,537       

of this section in fiscal year 2002.                               22,538       

      (F)  This division and division (G) of this section apply    22,540       

only to districts subject to division (F) of section 3317.029 of   22,541       

the Revised Code.  As used in this division and division (G) of    22,543       

this section:                                                                   

      (1)  "Capped district" means a district that pursuant to     22,545       

division (B), (C), (D), or (E) of this section will not receive    22,547       

the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state     22,548       

aid.                                                                            

      (2)  "DPIA funds" means:                                     22,550       

      (a)  In FY 1998, the amount calculated for the district      22,552       

pursuant to division (B) of section 3317.023 of the Revised Code   22,553       

as it existed in that fiscal year;                                 22,554       

      (b)  In any fiscal year after FY 1998, the total amount      22,556       

calculated for the district for that fiscal year pursuant to       22,557       

section 3317.029 of the Revised Code.                              22,558       

      (3)  "Exempt DPIA portion" means:                            22,560       

                                                          476    


                                                                 
      (a)  In the case of any district other than a capped         22,562       

district, an amount equal to zero;                                 22,563       

      (b)  In the case of a capped district, the amount resulting  22,565       

from the application of the following formula:                     22,566       

              (The district's DPIA funds for the year of           22,568       

         the calculation minus the district's DPIA funds for       22,569       

        FY 1998) minus (the district's actual aid for the year     22,570       

      of the calculation minus the district's FY 1998 state aid)   22,571       

      However, if this formula produces a negative number, the     22,573       

district's exempt DPIA portion is zero.                            22,574       

      (4)  "Required all-day kindergarten" for a district means    22,576       

the provision of all-day kindergarten to the number of students    22,577       

in the district's kindergarten percentage specified pursuant to    22,578       

division (H)(1) of section 3317.029 of the Revised Code.           22,579       

      (G)  Notwithstanding any provision of law to the contrary:   22,581       

      (1)  In the case of any district, the district's DPIA funds  22,583       

are hereby deemed to first consist of any disadvantaged pupil      22,584       

impact aid calculated for the district for all-day kindergarten    22,585       

under division (D) of section 3317.029 of the Revised Code, and    22,586       

to next consist of any disadvantaged pupil impact aid calculated   22,587       

for the district under divisions (C) and (E) of section 3317.029   22,588       

of the Revised Code.  Each district shall expend whatever funds    22,589       

necessary to ensure provision of its required all-day                           

kindergarten.                                                      22,590       

      (2)  In FY 1999, a district shall expend for the purposes    22,592       

of section 3317.029 of the Revised Code an amount equal to at      22,593       

least twenty-five per cent of the resultant derived from           22,594       

subtracting the district's exempt DPIA portion from the amount     22,595       

calculated for the district under divisions (C) and (E) of         22,596       

section 3317.029 of the Revised Code.                                           

      (3)  In FY 2000, a district shall expend for the purposes    22,598       

of section 3317.029 of the Revised Code an amount equal to at      22,599       

least fifty per cent of the resultant derived from subtracting     22,600       

the district's exempt DPIA portion from the amount calculated for  22,601       

                                                          477    


                                                                 
the district under divisions (C) and (E) of section 3317.029 of    22,602       

the Revised Code.                                                               

      (4)  In FY 2001, a district shall expend for the purposes    22,604       

of section 3317.029 of the Revised Code an amount equal to at      22,605       

least seventy-five per cent of the resultant derived from          22,606       

subtracting the district's exempt DPIA portion from the amount     22,607       

calculated for the district under divisions (C) and (E) of         22,608       

section 3317.029 of the Revised Code.                                           

      (5)  In FY 2002 and thereafter, a district shall expend one  22,610       

hundred per cent of its DPIA funds for the purposes of section     22,611       

3317.029 of the Revised Code.                                      22,612       

      (6)  Districts shall comply with the requirements of         22,614       

division (G) of section 3317.029 of the Revised Code."             22,615       

      Section 24.  That existing Section 18 of Am. Sub. H.B. 650   22,617       

of the 122nd General Assembly, as most recently amended by Am.     22,618       

Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed.   22,619       

      Section 25.  That Sections 6, 30.07, 30.10, 30.43, and 31    22,621       

of Am. Sub. H.B. 850 of the 122nd General Assembly be amended to   22,624       

read as follows:                                                                

      "Sec. 6.  The items set forth in this section are hereby     22,626       

appropriated out of any moneys in the state treasury to the        22,627       

credit of the Public School Building Fund (Fund 021), which are    22,628       

not otherwise appropriated.  Appropriations                        22,629       

                                                   APPROPRIATIONS  22,630       

                SFC  SCHOOL FACILITIES COMMISSION                  22,631       

CAP-622  Public School Buildings                $  145,000,000     22,634       

CAP-777  Disability Access Projects             $    5,000,000     22,636       

Total School Facilities Commission              $  150,000,000     22,638       

Total Public School Building Fund               $  150,000,000     22,640       

      DISABILITY ACCESS PROJECTS                                   22,644       

      THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS  22,647       

PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS  22,648       

SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH                    

DISABILITIES.                                                      22,649       

                                                          478    


                                                                 
      (A)  AS USED IN THIS SECTION:                                22,651       

      (1)  "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL     22,653       

DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF    22,654       

SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER   22,655       

DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE.              22,656       

      (2)  "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED      22,658       

VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS   22,659       

ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN         22,660       

DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT       22,661       

SECTION EXISTED PRIOR TO JULY 1, 1998.                                          

      (3)  "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE  22,663       

VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED    22,664       

BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION        22,665       

3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY  22,666       

1, 1998.                                                                        

      (B)  THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR  22,669       

AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL     22,670       

LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,                

OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF     22,671       

WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY        22,672       

HANDICAPPED PERSONS.  THE RULES SHALL INCLUDE APPLICATION          22,673       

PROCEDURES.  NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER     22,674       

THIS SECTION IN EXCESS OF $100,000.  IN ADDITION, ANY SCHOOL       22,675       

DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE  22,676       

PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE          22,677       

PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.                                  

      Sec. 30.07.  Reimbursements for Project Costs                22,679       

      Appropriations made in Sections 30.02 to 30.06 30.45 of      22,681       

this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for       22,685       

purposes of costs of capital facilities for the interim financing  22,686       

of which the particular institution has previously issued its own  22,687       

obligations anticipating the possibility of future state           22,688       

appropriations to pay all or a portion of such costs, as           22,689       

contemplated in division (B) of section 3345.12 of the Revised                  

                                                          479    


                                                                 
Code, shall be paid directly to the institution or the paying      22,690       

agent for those outstanding obligations in the full principal      22,691       

amount of those obligations then to be paid from the anticipated   22,692       

appropriation, and shall be timely applied to the retirement of a  22,693       

like principal amount of the institutional obligations.                         

      Appropriations made in Sections 30.02 to 30.06 30.45 of      22,695       

this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for       22,699       

purposes of costs of capital facilities, all or a portion of       22,700       

which costs the particular institution has paid from the           22,701       

institution's moneys that were temporarily available and which     22,702       

payments were reasonably expected to be reimbursed from the        22,703       

proceeds of obligations issued by the state, shall be directly                  

paid to the institution in the full amounts of those payments,     22,705       

and shall be timely applied to the reimbursement of those          22,706       

temporarily available moneys.                                                   

      Sec. 30.10.  CSU  CENTRAL STATE UNIVERSITY                   22,708       

CAP-022  Basic Renovations                      $      804,400     22,711       

CAP-083  Master Plan/Supplemental Renovations   $    2,449,400     22,713       

CAP-084  College of Education Facility -                           22,714       

         Planning                               $    1,000,000     22,715       

Total Central State University                  $    4,253,800     22,717       

      College of Education Facility - Planning                     22,720       

      The foregoing appropriation item CAP-084, College of         22,722       

Education Facility - Planning, shall not be released by the        22,724       

Controlling Board or the Director of Budget and Management until   22,725       

Central State University has satisfactorily completed a            22,726       

Campus-wide Master Plan, and has made progress satisfactory to                  

the Board of Regents and the Office of Budget and Management in    22,728       

completing the correction of its outstanding adjudication orders   22,729       

as issued by the Department of Commerce.  Such progress shall      22,730       

include the development of a plan to comply with all remaining     22,731       

adjudication orders by the end of fiscal year 2000.  This                       

appropriation shall not be included in the calculation of Central  22,732       

State University's debt service obligation until fiscal year       22,733       

                                                          480    


                                                                 
2002.                                                                           

      Sec. 30.43.  MAT  MUSKINGUM AREA TECHNICAL COLLEGE           22,735       

CAP-007  Basic Renovations                      $      203,491     22,738       

CAP-014  REGIONAL TECHNOLOGY TRAINING CENTER    $    1,961,290     22,742       

Total Muskingum Area Technical College          $      203,491     22,744       

                                                     2,164,781     22,745       

      Sec. 31.  Debt Service Formula Allocation                    22,748       

      Based on the foregoing appropriations in Sections 30 and     22,750       

30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL  22,752       

ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the    22,753       

following higher education institutions shall be responsible for   22,754       

the specified amounts as part of the debt service component of     22,756       

the instructional subsidy beginning in fiscal year 2000:                        

     Institution                                        Amount     22,758       

University of Akron                                  $10,800,000   22,759       

University of Akron - Wayne                          $   675,000   22,760       

Bowling Green State University                       $14,013,310   22,761       

Bowling Green State University - Firelands           $ 2,056,440   22,762       

Central State University                             $ 2,449,400   22,763       

University of Cincinnati                             $39,386,650   22,764       

University of Cincinnati - Walters                   $ 3,445,212   22,765       

Cleveland State University                           $16,719,670   22,766       

Kent State University                                $17,644,310   22,767       

Kent State University - Ashtabula                    $   575,000   22,768       

Kent State University - East Liverpool               $   570,980   22,769       

Kent State University - Geauga                       $    60,000   22,770       

Kent State University - Salem                        $   288,310   22,771       

Kent State University - Stark                        $ 1,743,360   22,772       

Kent State University - Trumbull                     $   175,000   22,773       

Kent State University - Tuscarawas                   $    75,000   22,774       

Miami University                                     $18,400,000   22,775       

                                                      17,400,000   22,776       

Miami University - Hamilton                          $   969,540   22,777       

Miami University - Middletown                        $ 1,568,330   22,778       

                                                          481    


                                                                 
Ohio State University                                $80,760,310   22,779       

                                                      77,760,310   22,780       

Ohio State University - Lima                          $2,152,620   22,781       

                                                       1,118,330   22,782       

Ohio State University - Mansfield                    $   850,000   22,783       

Ohio State University - Marion                       $   408,000   22,784       

Ohio State University - ATI                          $ 1,560,000   22,785       

Ohio University                                      $26,700,280   22,786       

                                                      21,700,280   22,787       

Ohio University - Eastern                            $   398,040   22,788       

Ohio University - Chillicothe                        $   953,030   22,789       

Ohio University - Lancaster                          $ 1,116,760   22,790       

Ohio University - Zanesville                         $ 1,136,920   22,791       

Shawnee State University                             $ 1,751,500   22,792       

University of Toledo                                 $19,800,000   22,793       

Wright State University                              $11,300,000   22,794       

Youngstown State University                          $ 9,200,000   22,795       

Medical College of Ohio                              $ 5,442,150   22,796       

Northeastern Ohio Universities College of Medicine    $3,425,580   22,798       

                                                       3,443,313   22,799       

Cincinnati State Technical and Community College     $ 1,036,000   22,800       

Columbus State Community College                     $ 1,500,000   22,801       

Cuyahoga Community College                           $ 6,800,000   22,802       

Edison State Community College                       $    50,000   22,803       

Jefferson Community College                          $   817,165   22,804       

Lakeland Community College                           $ 3,165,340   22,805       

Lorain Community College                             $   100,000   22,806       

Owens Community College                              $ 3,747,260   22,807       

Rio Grande Community College                         $   636,000   22,808       

Hocking Technical College                            $ 2,924,325   22,809       

Lima Technical College                               $   900,000   22,810       

Marion Technical College                             $    52,700   22,811       

MUSKINGUM AREA TECHNICAL COLLEGE                     $   196,129   22,813       

North Central Technical College                      $   750,000   22,814       

                                                          482    


                                                                 
Stark Technical College                              $ 1,253,252   22,815       

      Institutions not listed above shall not have a debt service  22,818       

obligation as a result of these appropriations.                    22,819       

      Within sixty days after the effective date of this section   22,821       

NOT LATER THAN MAY 17, 1999, any institution of higher education   22,823       

may notify the Board of Regents of its intention not to proceed    22,824       

with any project appropriated in this act AM. SUB. H.B. 850 OF     22,825       

THE 122nd GENERAL ASSEMBLY.  Upon receiving such notification,     22,827       

the Board of Regents may release the institution from its debt                  

service obligation for the specific project."                      22,828       

      Section 26.  That existing Sections 6, 30.07, 30.10, 30.43,  22,830       

and 31 of Am. Sub. H.B. 850 of the 122nd General Assembly are      22,833       

hereby repealed.                                                                

      Section 27.*  That Section 26 of Am. Sub. H.B. 850 of the    22,835       

122nd General Assembly be amended to read as follows:              22,837       

      "Sec. 26.  (A)  All items set forth in this section are      22,839       

hereby appropriated out of any moneys in the state treasury to     22,840       

the credit of the School Building Program Assistance Fund (Fund    22,841       

032) created under section 3318.25 of the Revised Code, derived    22,842       

from the proceeds of obligations heretofore and herein authorized  22,843       

to pay the cost to the state of acquiring classroom facilities     22,844       

for sale to school districts pursuant to sections 3318.01 to       22,845       

3318.20 of the Revised Code.                                       22,846       

                                                   Appropriations  22,848       

                SFC  SCHOOL FACILITIES COMMISSION                  22,849       

CAP-737  School Building Program Assistance     $  355,000,000     22,852       

Total School Facilities Commission              $  355,000,000     22,854       

Total School Building Program Assistance Fund   $  355,000,000     22,856       

      School Building Program Assistance                           22,859       

      The foregoing appropriation item CAP-737, School Building    22,861       

Program Assistance, shall be used by the School Facilities         22,862       

Commission to provide funding to school districts that receive     22,863       

conditional approval from the Commission pursuant to Chapter       22,864       

3318. of the Revised Code.                                                      

                                                          483    


                                                                 
      Commitments by the School Facilities Commission              22,866       

      The School Facilities Commission shall not commit at least   22,868       

$300 million of the combined amounts of the foregoing              22,869       

appropriations items CAP-622, Public School Buildings (Fund 021),  22,870       

and CAP-737, Public School Building Assistance (Fund 032), until   22,871       

after June 30, 1999.                                                            

      (B)(1)  As used in this division:                            22,873       

      (a)  "Low wealth school district" means a school district    22,875       

in the lowest fifty per cent of adjusted valuation per pupil on    22,876       

the fiscal year 1999 ranking of school districts, established      22,877       

pursuant to section 3317.02 3317.0213 of the Revised Code.         22,878       

      (b)  A "school district with an exceptional need for         22,880       

immediate CLASSROOM facility assistance" means a school district   22,882       

with an exceptional need for new facilities in order to protect    22,883       

the health and safety of all or a portion of its students.         22,884       

School districts reasonably expected to be served by the                        

Classroom Facilities Assistance Program prior to June 30, 2002,    22,886       

in THE order provided under divisions (C)(1) and (2) of section    22,888       

3318.06 3318.02 of the Revised Code, are excluded from             22,890       

participating in this exceptional needs pilot program.             22,891       

      (2)  Of the $300,000,000 the School Facilities Commission    22,893       

shall not commit until after June 30, 1999, the School Facilities  22,894       

Commission may set aside up to ten per cent for the pilot program  22,896       

for low wealth school districts with exceptional needs for         22,897       

immediate classroom facility assistance.                                        

      (3)(a)  After consulting with education and construction     22,899       

experts, the School Facilities Commission shall adopt guidelines   22,900       

for identifying school districts with an exceptional need for      22,901       

immediate classroom facility assistance.                           22,902       

      (b)  The guidelines shall include application forms and      22,904       

instructions for school districts that believe they have an        22,905       

exceptional need for immediate classroom facility assistance.      22,906       

      (4)  The School Facilities Commission shall evaluate the     22,908       

classroom facilities, and the need for replacement classroom       22,909       

                                                          484    


                                                                 
facilities from the applications received under this section.      22,910       

The School Facilities Commission, utilizing the guidelines         22,911       

adopted pursuant to division (B)(3) of this section, shall                      

prioritize the school districts to be assessed.                    22,912       

      In accordance with division (C)(3) of NOTWITHSTANDING        22,914       

section 3318.02 of the Revised Code, the School Facilities         22,916       

Commission may conduct on-site evaluation of the school districts  22,917       

prioritized under this section and approve and award funds until                

such time as all funds set aside pursuant to division (B)(2) of    22,919       

this section have been encumbered pursuant to section 3318.04 of   22,920       

the Revised Code.                                                               

      (5)  NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE  22,923       

REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL                 

BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT        22,924       

PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT     22,925       

COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE       22,926       

REVISED CODE."                                                                  

      Section 28.*  That existing Section 26 of Am. Sub. H.B. 850  22,928       

of the 122nd General Assembly is hereby repealed.                  22,929       

      Section 29.  (A)  That Sections 50.52.1, 50.52.3, 50.52.6,   22,931       

50.52.8, 50.52.11, and 50.52.13 of Am. Sub. H.B. 215 of the 122nd  22,932       

General Assembly are hereby repealed.                              22,933       

      (B)  That Sections 50.52.4, 50.52.7, and 50.52.9 of Am.      22,935       

Sub. H.B. 215 of the 122nd General Assembly, as amended by Am.     22,936       

Sub. H.B. 770 of the 122nd General Assembly, are hereby repealed.  22,937       

      (C)  That Sections 50.52.5 and 50.52.10 of Am. Sub. H.B.     22,939       

215 of the 122nd General Assembly, as amended by Am. Sub. H.B.     22,940       

650 and Am. Sub. H.B. 770 of the 122nd General Assembly, are       22,941       

hereby repealed.                                                   22,942       

      Section 30.  (A)  As used in this section, "pilot project    22,944       

area" means the school districts included in the territory of the  22,945       

former community school pilot project established by former        22,946       

Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly.  22,947       

      (B)  Any teacher or nonteaching employee of a school         22,949       

                                                          485    


                                                                 
district in the pilot project area who, on the effective date of   22,950       

this section, is taking a leave of absence from the district       22,951       

pursuant to a policy adopted under former Section 50.52.13 of      22,952       

that act to work at a community school established under the       22,953       

pilot project and located in another school district may continue  22,954       

the leave under the terms of that policy and former section.       22,955       

Upon termination of the leave, the district shall return the       22,956       

teacher or nonteaching employee to a position, salary, and level   22,957       

of seniority as required by that former section.                   22,958       

      (C)  During the first year of operation of a community       22,960       

school in the pilot project area, the Department of Education      22,961       

shall pay each school district in the pilot project area, for      22,962       

each student enrolled in the community school who is otherwise     22,964       

entitled to attend school in the district under section 3313.64    22,965       

or 3313.65 of the Revised Code, 50 per cent of the district's per  22,966       

pupil state funds.  For this purpose, "per pupil state funds"      22,967       

means the sum of the amounts computed for the district under       22,968       

divisions (A), (C)(1), and (E) of section 3317.022 of the Revised  22,969       

Code plus any payments received under section 3317.0212 of the     22,970       

Revised Code, divided by the district's formula ADM certified      22,971       

under section 3317.03 of the Revised Code.  The payments made      22,972       

under this division are in addition to all other payments made     22,973       

under Chapter 3317. of the Revised Code to any school district in  22,974       

the pilot project area.  This division applies only in fiscal      22,975       

years 2000 and 2001.                                                            

      Section 31.  Every school district shall identify by         22,977       

November 15, 2000, any gifted student enrolled as of January 1,    22,978       

2000, in grades kindergarten through eleven in the district.       22,979       

      Section 32.  (A)  The Ohio School Facilities Commission may  22,981       

commit up to thirty-five million dollars to the Canton City        22,982       

School District for construction of a facility described in this   22,984       

section, in lieu of a high school that would otherwise be          22,985       

authorized under Chapter 3318. of the Revised Code.  The                        

commission shall not commit funds under this section unless all    22,986       

                                                          486    


                                                                 
of the following conditions are met:                               22,987       

      (1)  The district has entered into a cooperative agreement   22,989       

with a state-assisted technical college;                           22,990       

      (2)  The district has received an irrevocable commitment of  22,992       

additional funding from nonpublic sources;                         22,993       

      (3)  The facility is intended to serve both secondary and    22,995       

postsecondary instructional purposes.                              22,996       

      (B)  The commission shall enter into an agreement with the   22,998       

district for the construction of the facility authorized under     22,999       

this section that is separate from and in addition to the          23,000       

agreement required for the district's participation in the         23,001       

Classroom Facilities Assistance Program under section 3318.08 of   23,002       

the Revised Code.  Notwithstanding that section and sections       23,003       

3318.03, 3318.04, and 3318.083 of the Revised Code, the            23,005       

additional agreement shall provide but not be limited to the       23,006       

following:                                                                      

      (1)  The commission shall not have any oversight             23,008       

responsibilities over the construction of the facility;            23,009       

      (2)  The facility need not comply with the specifications    23,011       

for plans and materials for high schools adopted by the            23,012       

commission;                                                                     

      (3)  The commission may decrease the basic project cost      23,014       

that would otherwise be calculated for a high school under         23,016       

Chapter 3318. of the Revised Code;                                              

      (4)  The state shall not share in any increases in the       23,018       

basic project cost for the facility above the amount authorized    23,019       

under this section.                                                             

      All other provisions of Chapter 3318. of the Revised Code    23,021       

apply to the approval and construction of a facility authorized    23,023       

under this section.                                                             

      The state funds committed to the facility authorized by      23,025       

this section shall be part of the total amount the state commits   23,026       

to the Canton City School District under Chapter 3318. of the      23,027       

Revised Code.  All additional state funds committed to the Canton  23,028       

                                                          487    


                                                                 
City School District for classroom facilities assistance shall be  23,029       

subject to all provisions of Chapter 3318. of the Revised Code.    23,030       

      Section 33.*  Not later than four years after the effective  23,032       

date of this section, the Board of Regents shall determine the     23,033       

cost of upgrading facilities at public universities in this state  23,034       

that likely would be used if the City of Cincinnati were awarded   23,035       

the summer olympic games.  Upon completion of the cost             23,036       

determination, the board shall submit a written report of its      23,037       

findings to the Governor, the President of the Senate, the         23,038       

Speaker of the House of Representatives, and to each member of     23,039       

the legislative authority of the City of Cincinnati.               23,040       

      Section 34.*  On the effective date of this section, the     23,042       

Ohio SchoolNet Office is abolished and all of its functions, and   23,043       

assets and liabilities, are transferred to the Ohio SchoolNet      23,044       

Commission.  The Ohio SchoolNet Commission is thereupon and        23,045       

thereafter successor to, assumes the obligations of, and           23,046       

otherwise constitutes the continuation of the Ohio SchoolNet       23,047       

Office.                                                                         

      Any business commenced but not completed by the Ohio         23,049       

SchoolNet Office or its director on the effective date of this     23,050       

section shall be completed by the Ohio SchoolNet Commission or     23,051       

its executive director in the same manner, and with the same       23,052       

effect, as if completed by the Ohio SchoolNet Office or its        23,053       

director.  No validation, cure, right, privilege, remedy,          23,054       

obligation, or liability is lost or impaired by reason of the      23,055       

transfer required by this section and shall be administered by     23,056       

the Ohio SchoolNet Commission.  All of the Ohio SchoolNet          23,057       

Office's rules, orders, and determinations continue in effect as   23,058       

rules, orders, and determinations of the Ohio SchoolNet            23,059       

Commission, until modified or rescinded by the Ohio SchoolNet      23,060       

Commission.  If necessary to ensure the integrity of the           23,061       

numbering of the Administrative Code the Director of the           23,062       

Legislative Service Commission shall renumber the Ohio SchoolNet   23,063       

Office's rules to reflect their transfer to the Ohio SchoolNet     23,064       

                                                          488    


                                                                 
Commission.                                                                     

      Subject to the lay-off provisions of sections 124.321 to     23,066       

124.328 of the Revised Code, all of the employees of the Ohio      23,067       

SchoolNet Office are transferred to the Ohio SchoolNet Commission  23,068       

and retain their positions and all of the benefits accruing        23,069       

thereto.                                                                        

      Whenever the Ohio SchoolNet Office or its director is        23,071       

referred to in any law, contract, or other document, the           23,072       

reference shall be deemed to refer to the Ohio SchoolNet           23,073       

Commission or its executive director, whichever is appropriate.    23,074       

      No action or proceeding pending on the effective date of     23,076       

this section is affected by the transfer, and shall be prosecuted  23,077       

or defended in the name of the Ohio SchoolNet Commission or its    23,078       

executive director.  In all such actions and proceedings, the      23,079       

Ohio SchoolNet Commission or its executive director upon           23,080       

application to the court shall be substituted as a party.          23,081       

      Section 35.*  The Department of Education shall apply        23,083       

division (D) of section 3319.22 of the Revised Code to             23,084       

educational service centers and county boards of mental            23,085       

retardation and developmental disabilities as if it were           23,086       

effective July 1, 1998.  The department shall accept a             23,087       

professional development plan and coursework that was approved on  23,088       

or after that date by a local professional development committee   23,089       

established by a service center or county board if the committee   23,090       

meets the requirements of that division and the plan and           23,091       

coursework meet the requirements of the rules adopted by the       23,092       

State Board of Education under section 3319.22 of the Revised      23,093       

Code.                                                                           

      Section 35.01.  Sections 3313.974, 3313.975, 3313.976,       23,095       

3313.977, 3313.978, and 3313.979 of the Revised Code contained     23,096       

within the purview of Sections 1 and 2 of this act, which          23,097       

establish the Pilot Project Scholarship and Tutorial Assistance    23,098       

Program, are repealed and reenacted with modifications in order    23,100       

to restore them to effectiveness as part of the law and to                      

                                                          489    


                                                                 
reinstate the program with modifications.  The Supreme Court of    23,102       

Ohio, in Simmons-Harris v. Goff (1999), __Ohio St.3d__,            23,103       

invalidated the sections as they resulted from Am. Sub. H.B. 117   23,104       

of the 121st General Assembly, 146 Ohio Laws 900, holding their    23,105       

enactment in that act to have been violative of the one-subject    23,106       

rule, Ohio Constitution, Article II, Section 15(D).                23,107       

      This reinstatement of the Pilot Project Scholarship and      23,109       

Tutorial Assistance Program is a continuation of the program       23,110       

operating in the 1998-1999 school year, with the modifications     23,111       

made in this act.  Students who received scholarships and were     23,112       

enrolled in kindergarten through third grade that year may         23,113       

continue to receive scholarships in subsequent years, as provided  23,114       

in division (C)(1) of new section 3313.975 of the Revised Code,    23,115       

until they complete fourth grade, as long as they comply with the  23,116       

requirements of new sections 3313.974 to 3313.979 of the Revised   23,117       

Code and the General Assembly appropriates funds for the program.  23,118       

      Amendments to the Pilot Project Scholarship Program          23,120       

subsequent to Am. Sub. H.B. 117 also lost effectiveness because    23,121       

of the invalidation of the original enactment.  The repeal and     23,122       

reenactment of section 3313.975 of the Revised Code contained      23,123       

within the purview of Sections 1 and 2 of this act also restore    23,124       

these subsequent amendments, by Am. Sub. H.B. 215 and Am. Sub.     23,125       

H.B. 770 of the 122nd General Assembly, to effectiveness as part   23,126       

of the law.  The amendment of section 3313.975 of the Revised      23,127       

Code in Am. Sub. H.B. 215 corrected a constitutional deficiency    23,128       

noted in Simmons-Harris v. Goff, unreported, 10th District Court   23,130       

of Appeals (1997).                                                              

      Section 3313.977 as repealed and reenacted within the        23,132       

purview of Sections 1 and 2 of this act omits original division    23,133       

(A)(1)(d) of that section to correct a constitutional deficiency   23,134       

noted in Simmons-Harris v. Goff (1999), __Ohio St.3d__.            23,135       

      Section 36.  Except as otherwise specifically provided in    23,137       

this act, the codified sections of law amended or enacted in this  23,138       

act, and the items of law of which the codified sections of law    23,139       

                                                          490    


                                                                 
amended or enacted in this act are composed, are subject to the    23,140       

referendum.  Therefore, under Ohio Constitution, Article II,       23,141       

Section 1c and section 1.471 of the Revised Code, the codified     23,142       

sections of law amended or enacted by this act, and the items of   23,143       

law of which the codified sections of law as amended or enacted    23,144       

by this act are composed, take effect on the ninety-first day      23,145       

after this act is filed with the Secretary of State.  If,          23,146       

however, a referendum petition is filed against any such codified  23,147       

section of law as amended or enacted by this act, or against any   23,148       

item of law of which any such codified section of law as amended   23,149       

or enacted by this act is composed, the codified section of law    23,150       

as amended or enacted, or item of law, unless rejected at the      23,151       

referendum, takes effect at the earliest time permitted by law.    23,152       

      Section 37.  Except as otherwise specifically provided in    23,154       

this act, the repeal by this act of a codified section of law is   23,155       

subject to the referendum.  Therefore, under Ohio Constitution,    23,156       

Article II, Section 1c and section 1.471 of the Revised Code, the  23,157       

repeal by this act of a codified section of law takes effect on    23,158       

the ninety-first day after this act is filed with the Secretary    23,159       

of State.  If, however, a referendum petition is filed against     23,160       

any such repeal, the repeal, unless rejected at the referendum,    23,161       

takes effect at the earliest time permitted by law.                23,162       

      Section 38.  Sections 3302.01, 3302.02, 3302.03, 3313.981,   23,164       

3313.974, 3313.975, 3313.976, 3313.977, 3313.978, 3313.979,        23,165       

3314.03, 3314.05, 3314.06, 3314.071, 3314.08, 3314.09, 3314.11,    23,168       

3314.12, 3314.13, 3314.15, 3316.05, 3316.06, 3317.014, 3317.02,    23,169       

3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213,      23,170       

3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 3317.11,          23,172       

3317.16, 3317.162, 3318.33, 3332.05, 3332.07, 3333.12, 3333.27,    23,173       

4117.101, and 5910.032 of the Revised Code as amended or enacted   23,174       

by this act, and the items of law of which such sections as        23,175       

amended or enacted by this act are composed, are not subject to    23,176       

the referendum.  Therefore, under Ohio Constitution, Article II,   23,177       

Section 1d and section 1.471 of the Revised Code, such sections    23,178       

                                                          491    


                                                                 
as amended or enacted by this act, and the items of law of which   23,179       

such sections as amended or enacted by this act are composed, go   23,180       

into immediate effect when this act becomes law.                   23,181       

      Section 39.  The repeal by this act of sections 3313.974,    23,183       

3313.975, 3313.976, 3313.977, 3313.978, 3313.979, 3317.053, and    23,184       

3317.16 of the Revised Code is not subject to the referendum.      23,185       

Therefore, under Ohio Constitution, Article II, Section 1d and     23,186       

section 1.471 of the Revised Code, the repeals go into immediate   23,187       

effect when this act becomes law.                                  23,188       

      Section 40.  (A)  The amendments by this act to division     23,190       

(F) of section 5919.34 of the Revised Code constitute an item of   23,191       

law that is subject to the referendum.  Therefore, under Ohio      23,192       

Constitution, Article II, Section 1c and section 1.471 of the      23,193       

Revised Code, this item of law takes effect on the ninety-first    23,194       

day after this act is filed with the Secretary of State.  If,      23,195       

however, a referendum petition is filed against the item of law,   23,196       

the item of law, unless rejected at the referendum, takes effect   23,197       

at the earliest time permitted by law.                             23,198       

      (B)  The amendments by this act to section 5919.34 of the    23,200       

Revised Code, except for the amendments to division (F) of the     23,201       

section, constitute an item of law that is not subject to the      23,202       

referendum.  Therefore, under Ohio Constitution, Article II,       23,203       

Section 1d and section 1.471 of the Revised Code, this item of     23,204       

law goes into immediate effect when this act becomes law.          23,205       

      Section 41.  Except as otherwise specifically provided in    23,207       

this act, the uncodified sections of law amended or enacted in     23,208       

this act, and the items of law of which the uncodified sections    23,209       

of law amended or enacted in this act are composed, are not        23,210       

subject to the referendum.  Therefore, under Ohio Constitution,    23,211       

Article II, Section 1d and section 1.471 of the Revised Code, the  23,212       

uncodified sections of law amended or enacted in this act, and     23,213       

the items of law of which the uncodified sections of law amended   23,214       

or enacted in this act are composed, go into immediate effect      23,215       

when this act becomes law.                                         23,216       

                                                          492    


                                                                 
      Section 42.  Uncodified sections of law amended or enacted   23,218       

in this act, and items of law contained within the uncodified      23,219       

sections of law amended or enacted in this act, that are marked    23,220       

with an asterisk are subject to the referendum.  Therefore, under  23,221       

Ohio Constitution, Article II, Section 1c and section 1.471 of     23,222       

the Revised Code, the uncodified sections and items of law marked  23,223       

with an asterisk take effect on the ninety-first day after this    23,224       

act is filed with the Secretary of State.  If, however, a          23,225       

referendum petition is filed against an uncodified section or      23,226       

item of law marked with an asterisk, the uncodified section or     23,227       

item of law marked with an asterisk, unless rejected at the        23,228       

referendum, takes effect at the earliest time permitted by law.    23,229       

      If the amending and existing repeal clauses commanding an    23,231       

amendment of an uncodified section of law are both marked with     23,232       

asterisks, the uncodified section as amended is deemed also to     23,234       

have been marked with an asterisk.                                              

      An asterisk marking an uncodified section or item of law     23,236       

has the form *.                                                    23,237       

      This section defines the meaning and form of, but is not     23,239       

itself to be considered marked with, an asterisk.                  23,240       

      Section 43.  If the amendment or enactment in this act of a  23,242       

codified or uncodified section of law is subject to the            23,243       

referendum, the corresponding indications in the amending,         23,244       

enacting, or existing repeal clauses commanding the amendment or   23,245       

enactment also are subject to the referendum, along with the       23,246       

amendment or enactment.  If the amendment or enactment by this     23,247       

act of a codified or uncodified section of law is not subject to   23,248       

the referendum, the corresponding indications in the amending,     23,249       

enacting, or existing repeal clauses commanding the amendment or   23,250       

enactment also are not subject to the referendum, the same as the  23,251       

amendment or enactment.                                            23,252       

      Section 44.  An item, other than an amending, enacting, or   23,254       

repealing clause, that composes the whole or part of an            23,255       

uncodified section contained in this act has no effect after June  23,256       

                                                          493    


                                                                 
30, 2001, unless its context clearly indicates otherwise.          23,257       

      Section 45.  Section 3316.06 of the Revised Code is          23,259       

presented in this act as a composite of the section as amended by  23,260       

both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General    23,261       

Assembly, with the new language of neither of the acts shown in    23,263       

capital letters.  This is in recognition of the principle stated   23,264       

in division (B) of section 1.52 of the Revised Code that such      23,265       

amendments are to be harmonized where not substantively            23,266       

irreconcilable and constitutes a legislative finding that such is  23,267       

the resulting version in effect prior to the effective date of     23,268       

this act.                                                                       

      Section 46.  Section 3365.07 of the Revised Code is          23,270       

presented in this act as a composite of the section as amended by  23,271       

both Am. Sub. H.B. 434 and Am. Sub. H.B. 777 of the 118th General  23,272       

Assembly, with the new language of neither of the acts shown in    23,274       

capital letters.  This is in recognition of the principle stated   23,275       

in division (B) of section 1.52 of the Revised Code that such      23,276       

amendments are to be harmonized where not substantively            23,277       

irreconcilable and constitutes a legislative finding that such is  23,278       

the resulting version in effect prior to the effective date of     23,279       

this act.                                                                       

      Section 47.  If any item of law that constitutes the whole   23,281       

or part of a codified or uncodified section of law contained in    23,282       

this act, or if any application of any item of law that            23,283       

constitutes the whole or part of a codified or uncodified section  23,284       

of law contained in this act, is held invalid, the invalidity      23,285       

does not affect other items of law or applications of item of law  23,286       

that can be given effect without the invalid item of law or                     

application.  To this end, the items of law of which the codified  23,287       

and uncodified sections contained in this act are composed, and    23,288       

their applications, are independent and severable.                 23,289