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