As Passed by the Senate* 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 282 5
1999-2000 6
REPRESENTATIVES THOMAS-JONES-CORE-METZGER-PERZ-AMSTUTZ- 8
CORBIN-GOODMAN-HOOPS-KREBS-O'BRIEN-VESPER-WOMER BENJAMIN- 9
BARRETT-BOYD-R.MILLER-OPFER-ROBERTS-COUGHLIN-HARRIS-EVANS- 10
SENATORS RAY-CARNES-PRENTISS-KEARNS-GARDNER-JOHNSON- 11
HOTTINGER-WHITE-DRAKE-WATTS-SPADA-CUPP-MUMPER 12
_________________________________________________________________ 15
A B I L L
To amend sections 9.90, 109.57, 125.05, 125.13, 17
1111.01, 3301.011, 3301.0711, 3301.0714, 3301.80, 18
3301.801, 3301.86, 3301.87, 3301.88, 3301.91,
3302.01, 3302.02, 3302.03, 3302.07, 3311.19, 19
3311.213, 3311.24, 3313.376, 3313.603, 3313.608, 20
3313.61, 3313.611, 3313.612, 3313.613, 3313.981, 22
3314.02, 3314.03, 3314.05, 3314.06, 3314.08,
3314.09, 3314.11, 3314.12, 3314.13, 3315.17, 23
3316.05, 3316.06, 3317.01, 3317.02, 3317.022,
3317.023, 3317.024, 3317.029, 3317.0212, 24
3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05, 25
3317.051, 3317.11, 3317.162, 3317.51, 3318.01,
3318.011, 3318.05, 3318.06, 3318.08, 3318.081, 26
3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 27
3318.17, 3318.18, 3318.21, 3318.25, 3318.26,
3318.29, 3318.31, 3318.35, 3319.22, 3319.235, 28
3332.05, 3332.07, 3332.084, 3332.085, 3333.04, 29
3333.12, 3333.27, 3345.22, 3365.01 to 3365.03, 30
3365.041, 3365.05, 3365.07, 3365.09, 3770.06,
4117.101, 5126.12, 5126.16, 5705.29, 5705.412, 31
5747.01, 5910.032, and 5919.34; to enact new 33
sections 3313.974, 3313.975, 3313.976, 3313.977,
3313.978, 3313.979, and 3317.16 and sections 34
2
3301.0726, 3301.311, 3314.011, 3314.012,
3314.013, 3314.021, 3314.071, 3314.15, 3317.014, 36
3318.021, 3318.032, 3318.083, 3318.33, 3318.36,
3324.01 to 3324.07, 3333.29, and 3333.50; and to 37
repeal sections 3313.21, 3313.974, 3313.975, 38
3313.976, 3313.977, 3313.978, 3313.979,
3317.0214, 3317.053, 3317.16, 3318.23, 3318.24, 39
and 3318.27 of the Revised Code and to amend 41
Section 45.32 of Am. Sub. H.B. 117 of the 121st
General Assembly, as subsequently amended; to 42
amend Section 50.52.2 of Am. Sub. H.B. 215 of the 43
122nd General Assembly; to amend Section 18 of 44
Am. Sub. H.B. 650 of the 122nd General Assembly, 45
as subsequently amended; to amend Sections 6, 26, 46
30.07, 30.10, 30.43, and 31 of Am. Sub. H.B. 850
of the 122nd General Assembly; to repeal Sections 47
50.52.1, 50.52.3, 50.52.6, 50.52.8, 50.52.11, and 48
50.52.13 of Am. Sub. H.B. 215 of the 122nd
General Assembly; and to repeal Sections 50.52.4, 49
50.52.5, 50.52.7, 50.52.9, and 50.52.10 of Am.
Sub. H.B. 215 of the 122nd General Assembly, as 50
subsequently amended, to make appropriations for 51
education programs for the biennium beginning
July 1, 1999, and ending June 30, 2001, and to 52
provide authorization and conditions for the 53
operation of those programs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 55
Section 1. That sections 9.90, 109.57, 125.05, 125.13, 57
1111.01, 3301.011, 3301.0711, 3301.0714, 3301.80, 3301.801, 59
3301.86, 3301.87, 3301.88, 3301.91, 3302.01, 3302.02, 3302.03, 60
3302.07, 3311.19, 3311.213, 3311.24, 3313.376, 3313.603, 61
3313.608, 3313.61, 3313.611, 3313.612, 3313.613, 3313.981, 63
3
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, 65
3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 66
3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 3317.11, 67
3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 3318.08, 68
3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 69
3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 70
3319.22, 3319.235, 3332.05, 3332.07, 3332.084, 3332.085, 3333.04, 71
3333.12, 3333.27, 3345.22, 3365.01, 3365.02, 3365.03, 3365.041, 72
3365.05, 3365.07, 3365.09, 3770.06, 4117.101, 5126.12, 5126.16, 73
5705.29, 5705.412, 5747.01, 5910.032, and 5919.34 be amended and 74
new sections 3313.974, 3313.975, 3313.976, 3313.977, 3313.978, 75
3313.979, and 3317.16 and sections 3301.0726, 3301.311, 3314.011, 76
3314.012, 3314.013, 3314.021, 3314.071, 3314.15, 3317.014, 77
3318.021, 3318.032, 3318.083, 3318.33, 3318.36, 3324.01, 3324.02, 80
3324.03, 3324.04, 3324.05, 3324.06, 3324.07, 3333.29, and 3333.50 81
of the Revised Code be enacted to read as follows: 83
Sec. 9.90. (A) The governing board of any public 92
institution of higher education, including without limitation 93
state universities and colleges, community college districts, 94
university branch districts, technical college districts, and 95
municipal universities, or the board of education of any school 96
district, may, in addition to all other powers provided in the 97
Revised Code: 98
(1) Contract for, purchase, or otherwise procure from an 100
insurer or insurers licensed to do business by the state of Ohio 101
for or on behalf of such of its employees as it may determine, 102
life insurance, or sickness, accident, annuity, endowment, 103
health, medical, hospital, dental, or surgical coverage and 104
benefits, or any combination thereof, by means of insurance plans 105
or other types of coverage, family, group or otherwise, and may 106
pay from funds under its control and available for such purpose 107
all or any portion of the cost, premium, or charge therefor; FOR 109
SUCH INSURANCE, COVERAGE, OR BENEFITS. HOWEVER, THE GOVERNING
4
BOARD, IN ADDITION TO OR AS AN ALTERNATIVE TO THE AUTHORITY 110
OTHERWISE GRANTED BY DIVISION (A)(1) OF THIS SECTION, MAY ELECT 111
TO PROCURE COVERAGE FOR HEALTH CARE SERVICES, FOR OR ON BEHALF OF 112
SUCH OF ITS EMPLOYEES AS IT MAY DETERMINE, BY MEANS OF POLICIES, 113
CONTRACTS, CERTIFICATES, OR AGREEMENTS ISSUED BY AT LEAST TWO 114
HEALTH INSURING CORPORATIONS HOLDING A CERTIFICATE OF AUTHORITY 115
UNDER CHAPTER 1751. OF THE REVISED CODE AND MAY PAY FROM FUNDS 117
UNDER THE GOVERNING BOARD'S CONTROL AND AVAILABLE FOR SUCH 118
PURPOSE ALL OR ANY PORTION OF THE COST OF SUCH COVERAGE. 119
(2) Make payments to a custodial account for investment in 121
regulated investment company stock for the purpose of providing 122
retirement benefits as described in section 403(b)(7) of the 123
Internal Revenue Code of 1954, as amended. Such stock shall be 124
purchased only from persons authorized to sell such stock in this 125
state. 126
Any income of an employee deferred under divisions (A)(1) 128
and (2) of this section in a deferred compensation program 129
eligible for favorable tax treatment under the Internal Revenue 130
Code of 1954, as amended, shall continue to be included as 131
regular compensation for the purpose of computing the 132
contributions to and benefits from the retirement system of such 133
employee. Any sum so deferred shall not be included in the 134
computation of any federal and state income taxes withheld on 135
behalf of any such employee. 136
(B) All or any portion of the cost, premium, or charge 138
therefor may be paid in such other manner or combination of 139
manners as the governing board or the school board may determine, 140
including direct payment by the employee in cases under division 141
(A)(1) of this section, and, if authorized in writing by the 142
employee in cases under division (A)(1) or (2) of this section, 143
by such governing board or school board with moneys made 144
available by deduction from or reduction in salary or wages or by 145
the foregoing of a salary or wage increase. Division (B)(7) of 146
section 3917.01 and the last paragraph of section 3917.06 of the 147
5
Revised Code shall not prohibit the issuance or purchase of group 148
life insurance authorized by this section by reason of payment of 149
premiums therefor by the governing board or the school board from 150
its funds, and such group life insurance may be so issued and 151
purchased if otherwise consistent with the provisions of sections 152
3917.01 to 3917.07 of the Revised Code. 153
Sec. 109.57. (A)(1) The superintendent of the bureau of 162
criminal identification and investigation shall procure from 163
wherever procurable and file for record photographs, pictures, 165
descriptions, fingerprints, measurements, and other information 166
that may be pertinent of all persons who have been convicted of 167
committing within this state a felony, any crime constituting a 169
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 171
section 109.572 of the Revised Code, of all children under 172
eighteen years of age who have been adjudicated delinquent 173
children for committing within this state an act that would be a 174
felony or an offense of violence if committed by an adult or who 175
have been convicted of or pleaded guilty to committing within 177
this state a felony or an offense of violence, and of all 178
well-known and habitual criminals. The person in charge of any 180
county, multicounty, municipal, municipal-county, or 181
multicounty-municipal jail or workhouse, community-based 182
correctional facility, halfway house, alternative residential 183
facility, or state correctional institution and the person in 184
charge of any state institution having custody of a person 185
suspected of having committed a felony, any crime constituting a 187
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 189
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 190
probable cause to believe that the child may have committed an 192
act that would be a felony or an offense of violence if committed 194
by an adult shall furnish such material to the superintendent of 196
6
the bureau. Fingerprints, photographs, or other descriptive 198
information of a child who is under eighteen years of age, has 199
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 201
committed by an adult, has not been adjudicated a delinquent 202
child for committing an act that would be a felony or an offense 203
of violence if committed by an adult, has not been convicted of 204
or pleaded guilty to committing a felony or an offense of 207
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 209
act that would be a felony or an offense of violence if committed 211
by an adult shall not be procured by the superintendent or 212
furnished by any person in charge of any county, multicounty, 214
municipal, municipal-county, or multicounty-municipal jail or 215
workhouse, community-based correctional facility, halfway house, 216
alternative residential facility, or state correctional 217
institution, except as authorized in section 2151.313 of the 218
Revised Code.
(2) Every clerk of a court of record in this state, other 221
than the supreme court or a court of appeals, shall send to the 222
superintendent of the bureau a weekly report containing a summary 224
of each case involving a felony, involving any crime constituting 225
a misdemeanor on the first offense and a felony on subsequent 227
offenses, involving a misdemeanor described in division (A)(1)(a) 228
of section 109.572 of the Revised Code, or involving an 229
adjudication that a child under eighteen years of age is a 230
delinquent child for committing an act that would be a felony or 233
an offense of violence if committed by an adult. The clerk of 235
the court of common pleas shall include in the report and summary
the clerk sends under this division all information described in 236
divisions (A)(2)(a) to (f) of this section regarding a case 238
before the court of appeals that is served by that clerk. The 239
summary shall be written on the standard forms furnished by the 240
superintendent pursuant to division (B) of this section and shall 241
7
include the following information: 242
(a) The incident tracking number contained on the standard 244
forms furnished by the superintendent pursuant to division (B) of 245
this section; 246
(b) The style and number of the case; 248
(c) The date of arrest; 250
(d) The date that the person was convicted of or pleaded 252
guilty to the offense, adjudicated a delinquent child for 253
committing the act that would be a felony or an offense of 256
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 257
act that would be a felony or an offense of violence if committed 260
by an adult, the date of an entry dismissing the charge, an entry 262
declaring a mistrial of the offense in which the person is 263
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 264
date of any other determination that constitutes final resolution 265
of the case;
(e) A statement of the original charge with the section of 267
the Revised Code that was alleged to be violated; 268
(f) If the person or child was convicted, pleaded guilty, 270
or was adjudicated a delinquent child, the sentence or terms of 272
probation imposed or any other disposition of the offender or the 273
delinquent child.
If the offense involved the disarming of a law enforcement 275
officer or an attempt to disarm a law enforcement officer, the 276
clerk shall clearly state that fact in the summary, and the 277
superintendent shall ensure that a clear statement of that fact 278
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 280
sheriffs, chiefs of police, and other law enforcement officers in 282
the establishment of a complete system of criminal identification 283
and in obtaining fingerprints and other means of identification 284
of all persons arrested on a charge of a felony, any crime 285
8
constituting a misdemeanor on the first offense and a felony on 286
subsequent offenses, or a misdemeanor described in division 287
(A)(1)(a) of section 109.572 of the Revised Code and of all 288
children under eighteen years of age arrested or otherwise taken 290
into custody for committing an act that would be a felony or an 292
offense of violence if committed by an adult. The superintendent 294
also shall file for record the fingerprint impressions of all 295
persons confined in a county, multicounty, municipal, 296
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 298
residential facility, or state correctional institution for the 299
violation of state laws and of all children under eighteen years 301
of age who are confined in a county, multicounty, municipal, 302
municipal-county, or multicounty-municipal jail or workhouse, 303
community-based correctional facility, halfway house, alternative 304
residential facility, or state correctional institution or in any 306
facility for delinquent children for committing an act that would 308
be a felony or an offense of violence if committed by an adult, 309
and any other information that the superintendent may receive 311
from law enforcement officials of the state and its political 312
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 314
the Revised Code with respect to the registration of persons who 317
are convicted of or plead guilty to a sexually oriented offense 318
and with respect to all other duties imposed on the bureau under 319
that chapter.
(B) The superintendent shall prepare and furnish to every 321
county, multicounty, municipal, municipal-county, or 322
multicounty-municipal jail or workhouse, community-based 323
correctional facility, halfway house, alternative residential 324
facility, or state correctional institution and to every clerk of 325
a court in this state specified in division (A)(2) of this 326
section standard forms for reporting the information required 327
under division (A) of this section. The standard forms that the 329
9
superintendent prepares pursuant to this division may be in a 330
tangible format, in an electronic format, or in both tangible 331
formats and electronic formats.
(C) The superintendent may operate a center for 333
electronic, automated, or other data processing for the storage 334
and retrieval of information, data, and statistics pertaining to 335
criminals and to children under eighteen years of age who are 336
adjudicated delinquent children for committing an act that would 338
be a felony or an offense of violence if committed by an adult, 339
criminal activity, crime prevention, law enforcement, and 342
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 343
data, and statistics for the use of law enforcement agencies. 344
The superintendent may gather, store, retrieve, and disseminate 346
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 347
sections 109.57 to 109.61 of the Revised Code together with 348
information, data, and statistics that pertain to adults and that 349
are gathered pursuant to those sections. 350
(D) The information and materials furnished to the 352
superintendent pursuant to division (A) of this section and 353
information and materials furnished to any board or person under 354
division (F) or (G) of this section are not public records under 355
section 149.43 of the Revised Code. 356
(E) The attorney general shall adopt rules, in accordance 358
with Chapter 119. of the Revised Code, setting forth the 359
procedure by which a person may receive or release information 360
gathered by the superintendent pursuant to division (A) of this 362
section. A reasonable fee may be charged for this service. If a 363
temporary employment service submits a request for a 364
determination of whether a person the service plans to refer to 365
an employment position has been convicted of or pleaded guilty to 366
an offense listed in division (A)(1), (3), (4), or (5) of section 367
109.572 of the Revised Code, the request shall be treated as a 368
10
single request and only one fee shall be charged. 369
(F)(1) As used in division (F)(2) of this section, "head 371
start agency" means an entity in this state that has been 372
approved to be an agency for purposes of subchapter II of the 373
"Community Economic Development Act," 95 Stat. 489 (1981), 42 374
U.S.C.A. 9831, as amended. 375
(2)(a) In addition to or in conjunction with any request 377
that is required to be made under section 109.572, 2151.86, 378
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 379
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of 380
education of any school district; any county board of mental 381
retardation and developmental disabilities; any entity under 382
contract with a county board of mental retardation and 383
developmental disabilities; the chief administrator of any 384
chartered nonpublic school; the chief administrator of any home 385
health agency; the chief administrator of or person operating any 386
child day-care center, type A family day-care home, or type B 387
family day-care home licensed or certified under Chapter 5104. of 388
the Revised Code; the administrator of any type C family day-care 389
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 390
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 391
general assembly; the chief administrator of any head start 392
agency; or the executive director of a public children services 393
agency may request that the superintendent of the bureau 394
investigate and determine, with respect to any individual who has 395
applied for employment in any position after October 2, 1989, or 396
any individual wishing to apply for employment with a board of 397
education may request, with regard to the individual, whether the 399
bureau has any information gathered under division (A) of this 400
section that pertains to that individual. On receipt of the 401
request, the superintendent shall determine whether that 402
information exists and, upon request of the person, board, or 403
entity requesting information, also shall request from the 404
federal bureau of investigation any criminal records it has 405
11
pertaining to that individual. Within thirty days of the date 406
that the superintendent receives a request, the superintendent 408
shall send to the board, entity, or person a report of any 409
information that the superintendent determines exists, including 411
information contained in records that have been sealed under 412
section 2953.32 of the Revised Code, and, within thirty days of 413
its receipt, shall send the board, entity, or person a report of 414
any information received from the federal bureau of 415
investigation, other than information the dissemination of which 416
is prohibited by federal law.
(b) When a board of education is required to receive 418
information under this section as a prerequisite to employment of 419
an individual pursuant to section 3319.39 of the Revised Code, it 420
may accept a certified copy of records that were issued by the 422
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 423
district in lieu of requesting that information itself. In such 424
a case, the board shall accept the certified copy issued by the 425
bureau in order to make a photocopy of it for that individual's 426
employment application documents and shall return the certified 427
copy to the individual. In a case of that nature, a district 428
only shall accept a certified copy of records of that nature 429
within one year after the date of their issuance by the bureau. 431
(3) The state board of education may request, with respect 433
to any individual who has applied for employment after October 2, 434
1989, in any position with the state board or the department of 435
education, any information that a school district board of 436
education is authorized to request under division (F)(2) of this 438
section, and the superintendent of the bureau shall proceed as if 439
the request has been received from a school district board of 440
education under division (F)(2) of this section. 441
(4) When the superintendent of the bureau receives a 443
request for information that is authorized under section 3319.291 444
of the Revised Code, the superintendent shall proceed as if the 445
12
request has been received from a school district board of 446
education under division (F)(2) of this section. 447
(5) When a recipient of an OhioReads classroom or 450
community reading grant paid under section 3301.86 or 3301.87 of 452
the Revised Code OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL 454
requests, with respect to any individual who applies to 455
participate in providing any program or service THROUGH AN ENTITY 457
APPROVED BY THE OHIOREADS COUNCIL OR funded in whole or in part 460
by the grant, the information that a school district board of
education is authorized to request under division (F)(2)(a) of 462
this section, the superintendent of the bureau shall proceed as 463
if the request has been received from a school district board of 465
education under division (F)(2)(a) of this section. 466
(G) In addition to or in conjunction with any request that 469
is required to be made under section 173.41, 3701.881, 3712.09, 470
3721.121, or 3722.151 of the Revised Code with respect to an 472
individual who has applied for employment in a position that 473
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 474
the PASSPORT program created under section 173.40 of the Revised 475
Code, home health agency, hospice care program, home licensed 477
under Chapter 3721. of the Revised Code, adult day-care program 478
operated pursuant to rules adopted under section 3721.04 of the 479
Revised Code, or adult care facility may request that the 481
superintendent of the bureau investigate and determine, with 482
respect to any individual who has applied after January 27, 1997, 484
for employment in a position that does not involve providing 485
direct care to an older adult, whether the bureau has any 486
information gathered under division (A) of this section that 487
pertains to that individual. On receipt of the request, the 488
superintendent shall determine whether that information exists 489
and, on request of the administrator requesting information, 490
shall also request from the federal bureau of investigation any 491
criminal records it has pertaining to that individual. Within 492
13
thirty days of the date a request is received, the superintendent 493
shall send to the administrator a report of any information 495
determined to exist, including information contained in records 496
that have been sealed under section 2953.32 of the Revised Code, 497
and, within thirty days of its receipt, shall send the 498
administrator a report of any information received from the 499
federal bureau of investigation, other than information the 500
dissemination of which is prohibited by federal law. 501
(H) Information obtained by a board, administrator, or 504
other person under this section is confidential and shall not be 505
released or disseminated.
(I) The superintendent may charge a reasonable fee for 507
providing information or criminal records under division (F)(2) 508
or (G) of this section. 509
Sec. 125.05. Except as provided in division (E) of this 518
section, no state agency shall purchase any supplies or services 520
except as provided in divisions (A) to (C) of this section.
(A) Subject to division (D) of this section, a state 522
agency may, without competitive selection, make any purchase of 523
services that cost fifty thousand dollars or less or any purchase 524
of supplies that cost twenty-five thousand dollars or less. The 525
agency may make the purchase directly or may make the purchase 526
from or through the department of administrative services,
whichever the agency determines. The department shall establish 529
written procedures to assist state agencies when they make direct 531
purchases. If the agency makes the purchase directly, it shall 532
make the purchase by a term contract whenever possible.
(B) Subject to division (D) of this section, a state 534
agency wanting to purchase services that cost more than fifty 536
thousand dollars or supplies that cost more than twenty-five 537
thousand dollars shall, unless otherwise authorized by law, make
the purchase from or through the department. The department 538
shall make the purchase by competitive selection under section 539
125.07 of the Revised Code. If the director of administrative 540
14
services determines that it is not possible or not advantageous 541
to the state for the department to make the purchase, the 542
department shall grant the agency a release and permit under
section 125.06 of the Revised Code to make the purchase. Section 543
127.16 of the Revised Code does not apply to purchases the 544
department makes under this section. 545
(C) An agency that has been granted a release and permit 547
to make a purchase may make the purchase without competitive 548
selection if after making the purchase the cumulative purchase 549
threshold as computed under division (F) of section 127.16 of the 550
Revised Code would:
(1) Be exceeded and the controlling board approves the 552
purchase;
(2) Not be exceeded and the department of administrative 554
services approves the purchase. 555
(D) Not later than January 31, 1997, the amounts specified 558
in divisions (A) and (B) of this section and, not later than the 559
thirty-first day of January of each second year thereafter, any 560
amounts computed by adjustments made under this division, shall 561
be increased or decreased by the average percentage increase or
decrease in the consumer price index prepared by the United 562
States bureau of labor statistics (U.S. City Average for Urban 564
Wage Earners and Clerical Workers: "All Items 1982-1984=100") 565
for the twenty-four calendar month period prior to the
immediately preceding first day of January over the immediately 566
preceding twenty-four calendar month period, as reported by the 567
bureau. The director of administrative services shall make this 568
determination and adjust the appropriate amounts accordingly. 569
(E) If the office of information, learning, and technology 571
services; OHIO SCHOOLNET COMMISSION, the department of 573
education;, or the Ohio education computer network determines 575
that it can purchase software services or supplies for specified 576
school districts at a price less than the price for which the
districts could purchase the same software services or supplies 577
15
for themselves, the office, department, or network shall certify 578
that fact to the department of administrative services and, 579
acting as an agent for the specified school districts, shall make 580
that purchase without following the provisions in divisions (A) 581
through TO (D) of this section.
Sec. 125.13. (A) Except as otherwise provided in section 590
5139.03 of the Revised Code, whenever a state agency determines 591
that it has excess or surplus supplies, it shall notify the 592
director of administrative services. Upon request by the 593
director and on forms provided by the director, the state agency 594
shall furnish to the director a list of all those excess and 595
surplus supplies and an appraisal of their value. 597
(B) The director of administrative services shall take 599
immediate control of a state agency's excess and surplus 601
supplies, except for the following excess and surplus supplies: 603
(1) Excess or surplus supplies that have a value below the 605
minimum value that the director establishes for excess and 606
surplus supplies under division (E) of this section; 607
(2) Excess or surplus supplies that the director has 609
authorized an agency to donate to a public entity, including, but 610
not limited to, public schools and surplus computers and computer 611
equipment transferred to a public school under division (G) of 612
this section;
(3) Excess or surplus supplies that an agency trades in as 614
full or partial payment when purchasing a replacement item; 615
(4) Hazardous property. 617
(C) The director shall inventory excess and surplus 620
supplies in the director's control and may have the supplies 622
repaired.
(D) The director may do either of the following: 624
(1) Dispose of declared surplus or excess supplies in the 627
director's control by sale, lease, donation, or transfer. If the 630
director does so, the director shall dispose of those supplies in 631
the following order of priority: 633
16
(a) To state agencies; 635
(b) To state-supported or state-assisted institutions of 637
higher education; 638
(c) To tax-supported agencies, municipal corporations, or 640
other political subdivisions of this state; 641
(d) TO NONPUBLIC ELEMENTARY AND SECONDARY SCHOOLS 643
CHARTERED BY THE STATE BOARD OF EDUCATION UNDER SECTION 3301.16 644
OF THE REVISED CODE;
(e) To the general public by auction, sealed bid, or 646
negotiation. 647
(2) If the director has attempted to dispose of any 649
declared surplus or excess motor vehicle that does not exceed 650
four thousand five hundred dollars in value pursuant to divisions 651
(D)(1)(a) to (c) of this section, donate the motor vehicle to a 653
nonprofit organization exempt from federal income taxation 654
pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of 655
meeting the transportation needs of participants in the Ohio 656
works first program established under Chapter 5107. of the 657
Revised Code and participants in the prevention, retention, and 658
contingency program established under Chapter 5108. of the 659
Revised Code. The director may not donate a motor vehicle 660
furnished to the state highway patrol to a nonprofit organization 661
pursuant to this division.
(E) The director may adopt rules governing the sale, 663
lease, or transfer of surplus and excess supplies in the 664
director's control by public auction, sealed bid, or negotiation, 666
except that no employee of the disposing agency shall be allowed 667
to purchase, lease, or receive any such supplies. The director 668
may dispose of declared surplus or excess supplies, including 669
motor vehicles, in the director's control as the director 671
determines proper if such supplies cannot be disposed of pursuant 673
to division (D) of this section. The director shall by rule 675
establish a minimum value for excess and surplus supplies and
prescribe procedures for a state agency to follow in disposing of 677
17
excess and surplus supplies in its control that have a value 678
below the minimum value established by the director. 680
(F) No state-supported or state-assisted institution of 682
higher education, tax-supported agency, municipal corporation, or 683
other political subdivision of this state shall sell, lease, or 684
transfer excess or surplus supplies acquired under this section 685
to private entities or the general public at a price greater than 686
the price it originally paid for those supplies. 687
(G) The director of administrative services may authorize 689
any state agency to transfer surplus computers and computer 690
equipment that are not needed by other state agencies directly to 691
an accredited public school within the state. The computers and 692
computer equipment may be repaired or refurbished prior to 693
transfer. The state agency may charge a service fee to the 694
public schools for the property not to exceed the direct cost of
repairing or refurbishing it. The state agency shall deposit 695
such funds into the account used for repair or refurbishment. 696
Sec. 1111.01. As used in this chapter: 705
(A) "Charitable trust" means a charitable remainder 707
annuity trust as defined in section 664(d) of the Internal 708
Revenue Code, a charitable remainder unitrust as defined in 709
section 664(d) of the Internal Revenue Code, a charitable lead or 710
other split interest trust subject to the governing instrument 711
requirements of section 508(e) of the Internal Revenue Code, a 712
pooled income fund as defined in section 642(c) of the Internal
Revenue Code, a trust that is a private foundation as defined in 713
section 509 of the Internal Revenue Code, or a trust of which 714
each beneficiary is a charity. 715
For purposes of this division and division DIVISIONS (B) 717
AND (G) of this section, "Internal Revenue Code" means the 719
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, 720
as amended.
(B) "Charity" means a state university as defined in 722
section 3345.011 of the Revised Code, a community college as 724
18
defined in section 3354.01 of the Revised Code, a technical
college as defined in section 3357.01 of the Revised Code, a 725
state community college as defined in section 3358.01 of the 726
Revised Code, a private college or university that possesses a 727
certificate of authorization issued by the Ohio board of regents 728
pursuant to Chapter 1713. of the Revised Code, a trust or 729
organization exempt from taxation under section 501(c)(3) or 730
section 501(c)(13) of the Internal Revenue Code, or a 732
corporation, trust, or organization described in section 733
170(c)(2) of the Internal Revenue Code. The term "charities" 734
means more than one trust or organization that is a charity.
(C) "Collective investment fund" means a fund established 736
by a trust company or an affiliate of a trust company for the 737
collective investment of assets held in a fiduciary capacity, 738
either alone or with one or more cofiduciaries, by the 739
establishing trust company and its affiliates.
(D) "Fiduciary investment company" means a corporation 741
that is both of the following: 742
(1) An investment company; 744
(2) Incorporated, owned, and operated in accordance with 746
rules adopted by the superintendent of financial institutions for 747
the investment of funds held by trust companies in a fiduciary 748
capacity and for true fiduciary purposes, either alone or with 749
one or more cofiduciaries.
(E) "Instrument" includes any will, declaration of trust, 751
agreement of trust, agency, or custodianship, or court order 752
creating a fiduciary relationship. 753
(F) "Investment company" means any investment company as 755
defined in section 3 and registered under section 8 of the 756
"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3 758
and 80a-8.
(G) "Trust business" means accepting and executing trusts 760
of property, serving as a trustee, executor, administrator, 761
guardian, receiver, or conservator, and providing fiduciary 762
19
services as a business. "Trust business" does not include any of 763
the following:
(1) Any natural person acting as a trustee, executor, 765
administrator, guardian, receiver, or conservator pursuant to 767
appointment by a court of competent jurisdiction;
(2) Any natural person serving as a trustee who does not 770
hold self out to the public as willing to act as a trustee for
hire. For purposes of division (G) of this section, the 772
solicitation or advertisement of legal or accounting services by 773
a person licensed in this state as an attorney or a person 774
holding an Ohio permit to practice public accounting issued under 775
division (A) of section 4701.10 of the Revised Code shall not be 776
considered to be the act of holding self out to the public as 777
willing to act as a trustee for hire. 778
(3) A charity, an officer or employee of a charity, or a 781
person affiliated with a charity, serving as trustee of a 782
charitable trust of which the charity, or another charity with a
similar purpose, is a beneficiary; 783
(4) A NONPROFIT CORPORATION FORMED UNDER CHAPTER 1702. OF 785
THE REVISED CODE SERVING AS TRUSTEE OF A TRUST THE BENEFICIARY OF 786
WHICH IS AN ENTITY DESCRIBED IN SECTION 170(c)(1) OF THE INTERNAL 787
REVENUE CODE, PROVIDED THE NONPROFIT CORPORATION DOES NOT RECEIVE 788
ANY COMPENSATION FOR SERVING AS TRUSTEE OF THE TRUST; 789
(5) Other fiduciary activities the superintendent 791
determines are not undertaken as a business. 792
Sec. 3301.011. As used in Title XXXIII of the Revised 802
Code, "total student count" for any school district means the 803
average number of students enrolled during the first full school 804
week of October in a school district in grades kindergarten 805
through twelve, including students with dual enrollment in a 806
joint vocational or cooperative education district THAT WEEK, and 807
the total number of students enrolled in preschool handicapped 809
units ON THE FIRST DAY OF DECEMBER in the district. 810
Sec. 3301.0711. (A) The department of education shall: 819
20
(1) Annually furnish, grade, and score all tests required 821
by section 3301.0710 of the Revised Code to city, local, and 822
exempted village school districts; 823
(2) Adopt rules for the ethical use of tests and 825
prescribing the manner in which the tests prescribed by section 826
3301.0710 of the Revised Code shall be administered to students. 827
(B) Except as provided in divisions (C) and (J)(2) of this 829
section, the board of education of each city, local, and exempted 830
village school district shall, in accordance with rules adopted 831
under division (A) of this section: 832
(1) Administer the test prescribed under division (A)(1) 834
of section 3301.0710 of the Revised Code to measure skill in 835
reading as follows:
(a) For students entering fourth grade in school years 838
that start prior to July 1, 2001, at least once annually to all 839
students in the fourth grade; 840
(b) For students entering fourth grade beginning with the 843
school year that starts July 1, 2001, twice annually to all 845
students in the fourth grade who have not attained the score
designated for that test under division (A)(1) of section 846
3301.0710 of the Revised Code and once each summer to students 848
receiving summer remediation services under division (B)(3) of 849
section 3313.608 of the Revised Code.
(2) Administer the tests prescribed under division (A)(1) 851
of section 3301.0710 of the Revised Code to measure skill in 852
writing, mathematics, science, and citizenship at least once 853
annually to all students in the fourth grade. 854
(3) Administer the tests prescribed under division (A)(2) 857
of section 3301.0710 of the Revised Code at least once annually 858
to all students in the sixth grade. 859
(4) Administer any tests prescribed under division (A)(3) 861
of section 3301.0710 of the Revised Code at least once annually 862
to any student in the twelfth grade who, on all the tests 863
prescribed under division (B) of that section, has attained the 864
21
applicable scores designated under such division prior to the 865
first day of January of that year. 866
(5) Administer any test prescribed under division (B) of 868
section 3301.0710 of the Revised Code as follows: 869
(a) At least once annually, subsequent to the fifteenth 872
day of March, to all tenth grade students and at least twice 873
annually to all students in eleventh or twelfth grade who have 875
not yet attained the score on that test designated under that 876
division;
(b) To any person who has successfully completed the 878
curriculum in any high school or the individualized education 879
program developed for the person by any high school pursuant to 880
section 3323.08 of the Revised Code but has not received a high 881
school diploma and who requests to take such test, at any time 882
such test is administered in the district. 883
(C)(1) Any student receiving special education services 885
under Chapter 3323. of the Revised Code shall be excused from 886
taking any particular test required to be administered under this 887
section if the individualized education program developed for the 888
student pursuant to section 3323.08 of the Revised Code excuses 889
the student from taking that test. In the case of any student so 890
excused from taking a test, the school district board of 891
education shall not prohibit the student from taking the test. 893
Any student enrolled in a chartered nonpublic school who has been 894
identified, based on an evaluation conducted in accordance with 895
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 896
amended, as a child with a disability shall be excused from 897
taking any particular test required to be administered under this 898
section if a plan developed for the student pursuant to rules 899
adopted by the state board excuses the student from taking that 900
test. In the case of any student so excused from taking a test,
the chartered nonpublic school shall not prohibit the student 901
from taking the test. 902
22
(2) A district board may, for medical reasons or other 904
good cause, excuse a student from taking a test administered 905
under this section on the date scheduled, but any such test shall 906
be administered to such excused student not later than fifteen 907
days following the scheduled date. The board shall annually 908
report the number of students who have not taken one or more of 909
the tests required by this section to the state board of 910
education not later than the thirtieth day of June. 912
(3) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 914
MEANS A STUDENT WHOSE PRIMARY LANGUAGE IS NOT ENGLISH AND WHO HAS 917
BEEN ENROLLED IN UNITED STATES SCHOOLS FOR LESS THAN TWO FULL 918
SCHOOL YEARS.
NO ENGLISH-LIMITED STUDENT SHALL BE REQUIRED TO TAKE ANY 920
TEST ADMINISTERED UNDER THIS SECTION. HOWEVER, NO DISTRICT BOARD 922
OR GOVERNING AUTHORITY OF A CHARTERED NONPUBLIC SCHOOL SHALL 923
PROHIBIT AN ENGLISH-LIMITED STUDENT FROM TAKING A TEST. 925
(D) In the school year next succeeding the school year in 928
which the tests prescribed by division (A)(1) of section 929
3301.0710 of the Revised Code are administered to any student, 930
the board of education of any school district in which the 931
student is enrolled in that year shall provide intervention 932
services to the student in any skill in which the student failed 933
on those tests to demonstrate at least fourth-grade levels of 934
literacy and basic competency. This division does not apply to 935
any student receiving services pursuant to an individualized 936
education program developed for the student pursuant to section 937
3323.08 of the Revised Code. 938
(E) Except as provided in section 3313.608 of the Revised 940
Code and division (M) of this section, no school district board 942
of education shall permit any student to be denied promotion to a 943
higher grade level solely because of the student's failure to 944
attain a specified score on any test administered under this 945
section. HOWEVER, A DISTRICT BOARD MAY CHOOSE NOT TO PROMOTE TO 946
THE NEXT GRADE LEVEL ANY STUDENT WHO DOES NOT TAKE ANY 947
23
PROFICIENCY TEST ADMINISTERED UNDER THIS SECTION OR MAKE UP SUCH
TEST AS PROVIDED BY DIVISION (C)(2) OF THIS SECTION AND WHO IS 948
NOT EXEMPTED FROM THE REQUIREMENT TO TAKE THE TEST UNDER DIVISION 949
(C)(1) OR (3) OF THIS SECTION. 950
(F) No person shall be charged a fee for taking any test 952
administered under this section. 953
(G) Not later than sixty days after any administration of 955
any test prescribed by section 3301.0710 of the Revised Code, the 956
department shall send to each school district board a list of the 957
individual test scores of all persons taking the test. 958
(H) Individual test scores on any tests administered under 960
this section shall be released by a district board only in 961
accordance with section 3319.321 of the Revised Code and the 962
rules adopted under division (A) of this section. No district 963
board or its employees shall utilize individual or aggregate test 964
results in any manner that conflicts with rules for the ethical 965
use of tests adopted pursuant to division (A) of this section. 966
(I) Except as provided in division (G) of this section, 968
the department shall not release any individual test scores on 969
any test administered under this section and shall adopt rules to 970
ensure the protection of student confidentiality at all times. 971
(J) Notwithstanding division (D) of section 3311.19 and 973
division (D) of section 3311.52 of the Revised Code, this section 974
does not apply to the board of education of any joint vocational 975
or cooperative education school district except as provided under 976
rules adopted pursuant to this division. 977
(1) In accordance with rules that the state board of 979
education shall adopt, the board of education of any city, 980
exempted village, or local school district with territory in a 981
joint vocational school district or a cooperative education 982
school district established pursuant to divisions (A) to (C) of 983
section 3311.52 of the Revised Code may enter into an agreement 984
with the board of education of the joint vocational or 985
cooperative education school district for administering any test 986
24
prescribed under this section to students of the city, exempted 987
village, or local school district who are attending school in the 988
joint vocational or cooperative education school district. 989
(2) In accordance with rules that the state board of 991
education shall adopt, the board of education of any city, 992
exempted village, or local school district with territory in a 993
cooperative education school district established pursuant to 994
section 3311.521 of the Revised Code shall enter into an 995
agreement with the cooperative district that provides for the 996
administration of any test prescribed under this section to both 997
of the following: 998
(a) Students who are attending school in the cooperative 1,000
district and who, if the cooperative district were not 1,001
established, would be entitled to attend school in the city, 1,002
local, or exempted village school district pursuant to section 1,003
3313.64 or 3313.65 of the Revised Code; 1,004
(b) Persons described in division (B)(5)(b) of this 1,006
section. 1,007
Any testing of students pursuant to such an agreement shall 1,009
be in lieu of any testing of such students or persons pursuant to 1,010
this section. 1,011
(K)(1) Any chartered nonpublic school may participate in 1,013
the testing program by administering any of the tests prescribed 1,014
by section 3301.0710 of the Revised Code if the chief 1,015
administrator of the school specifies which tests the school 1,016
wishes to administer. Such specification shall be made in 1,017
writing to the superintendent of public instruction prior to the 1,018
first day of August of any school year in which tests are 1,019
administered and shall include a pledge that the nonpublic school 1,020
will administer the specified tests in the same manner as public 1,021
schools are required to do under this section and rules adopted 1,022
by the department. 1,023
(2) The department of education shall furnish the tests 1,025
prescribed by section 3301.0710 of the Revised Code to any 1,026
25
chartered nonpublic school electing to participate under this 1,027
division. 1,028
(L)(1) Except as provided in division (L)(3) of this 1,030
section, the superintendent of the state school for the blind and 1,031
the superintendent of the state school for the deaf shall 1,032
administer the tests described by section 3301.0710 of the 1,033
Revised Code. Each superintendent shall administer the tests in 1,034
the same manner as district boards are required to do under this 1,035
section and rules adopted by the department of education. 1,036
(2) The department of education shall furnish the tests 1,038
described by section 3301.0710 of the Revised Code to each 1,039
superintendent. 1,040
(3) Any student enrolled in the state school for the blind 1,042
or the state school for the deaf shall be excused from taking any 1,043
particular test required to be administered under division (L)(1) 1,044
of this section if the individualized education program developed 1,045
for the student pursuant to section 3323.08 of the Revised Code 1,046
excuses the student from taking that test. In the case of any 1,047
student so excused from taking a test, the superintendent of the 1,048
school shall not prohibit the student from taking the test. 1,049
(M) Notwithstanding division (E) of this section, 1,051
beginning July 1, 1999, a school district may retain any student 1,054
for an additional year in such student's current grade level if
such student has failed to attain the designated scores on three 1,056
or more of the five tests described by division (A)(1) or (2) of 1,057
section 3301.0710 of the Revised Code. 1,058
This division does not supersede the requirements of 1,060
section 3313.608 of the Revised Code. 1,061
(N)(1) All proficiency tests required by section 3301.0710 1,064
of the Revised Code shall become public records pursuant to
section 149.43 of the Revised Code on the first day of July 1,066
following the school year that the test was administered. 1,067
(2) The department may field test proposed proficiency 1,069
test questions with samples of students to determine the 1,070
26
validity, reliability, or appropriateness of test questions for 1,071
possible inclusion in a future year's proficiency test.
Field test questions shall not be considered in computing 1,073
test scores for individual students. Field test questions may be 1,074
included as part of the administration of any proficiency test 1,075
required by section 3301.0710 of the Revised Code. 1,076
(3) Any field test question administered under division 1,078
(N)(2) of this section shall not be a public record. Such field 1,079
test questions shall be redacted from any proficiency tests which 1,080
are released as a public record pursuant to division (N)(1) of 1,081
this section. 1,082
Sec. 3301.0714. (A) The state board of education shall 1,091
adopt rules for a statewide education management information 1,092
system. The rules shall require the state board to establish 1,094
guidelines for the establishment and maintenance of the system in
accordance with this section and the rules adopted under this 1,095
section. The guidelines shall include: 1,096
(1) Standards identifying and defining the types of data 1,098
in the system in accordance with divisions (B) and (C) of this 1,099
section; 1,100
(2) Procedures for annually collecting and reporting the 1,102
data to the state board in accordance with division (D) of this 1,104
section;
(3) Procedures for annually compiling the data in 1,106
accordance with division (G) of this section; 1,107
(4) Procedures for annually reporting the data to the 1,109
public in accordance with division (H) of this section. 1,110
(B) The guidelines adopted under this section shall 1,112
require the data maintained in the education management 1,113
information system to include at least the following: 1,114
(1) Student participation and performance data, for each 1,116
grade in each school district as a whole and for each grade in 1,117
each school building in each school district, that includes: 1,119
(a) The numbers of students receiving each category of 1,121
27
instructional service offered by the school district, such as 1,122
regular education instruction, vocational education instruction, 1,123
specialized instruction programs or enrichment instruction that 1,124
is part of the educational curriculum, instruction for gifted 1,125
students, instruction for handicapped students, and remedial 1,126
instruction. The guidelines shall require instructional services 1,127
under this division to be divided into discrete categories if an 1,128
instructional service is limited to a specific subject, a 1,129
specific type of student, or both, such as regular instructional 1,130
services in mathematics, remedial reading instructional services, 1,131
instructional services specifically for students gifted in 1,132
mathematics or some other subject area, or instructional services 1,133
for students with a specific type of handicap. The categories of 1,134
instructional services required by the guidelines under this 1,135
division shall be the same as the categories of instructional 1,136
services used in determining cost units pursuant to division 1,137
(C)(3) of this section. 1,138
(b) The numbers of students receiving support or 1,140
extracurricular services for each of the support services or 1,141
extracurricular programs offered by the school district, such as 1,142
counseling services, health services, and extracurricular sports 1,143
and fine arts programs. The categories of services required by 1,144
the guidelines under this division shall be the same as the 1,145
categories of services used in determining cost units pursuant to 1,146
division (C)(4)(a) of this section. 1,147
(c) Average student grades in each subject in grades nine 1,149
through twelve; 1,150
(d) Academic achievement levels in grades one through 1,152
eight as assessed by the locally developed competency programs 1,153
required by division (D) of section 3301.07 of the Revised Code; 1,154
(e) Academic achievement levels as assessed by the testing 1,156
of student proficiency under sections 3301.0710 and 3301.0711 of 1,157
the Revised Code; 1,158
(f) The number of students designated as having a 1,160
28
handicapping condition pursuant to division (C)(1) of section 1,161
3301.0711 of the Revised Code; 1,162
(g) The numbers of students reported to the state board 1,164
pursuant to division (C)(2) of section 3301.0711 of the Revised 1,165
Code; 1,166
(h) Attendance rates and the average daily attendance for 1,168
the year; 1,169
(i) Expulsion rates; 1,171
(j) Suspension rates; 1,173
(k) The percentage of students receiving corporal 1,175
punishment; 1,176
(l) Dropout rates; 1,178
(m) Rates of retention in grade; 1,180
(n) For pupils in grades nine through twelve, the average 1,182
number of carnegie units, as calculated in accordance with state 1,183
board of education rules; 1,184
(o) Graduation rates, to be calculated in a manner 1,186
specified by the department of education that reflects the rate 1,187
at which students who were in the ninth grade three years prior 1,188
to the current year complete school and that is consistent with 1,189
nationally accepted reporting requirements. 1,190
(2) Personnel and classroom enrollment data for each 1,192
school district, including: 1,193
(a) The total numbers of licensed employees and 1,195
nonlicensed employees and the numbers of full-time equivalent 1,197
licensed employees and nonlicensed employees providing each 1,198
category of instructional service, instructional support service, 1,199
and administrative support service used pursuant to division 1,200
(C)(3) of this section. The guidelines adopted under this 1,201
section shall require these categories of data to be maintained 1,202
for the school district as a whole and, wherever applicable, for 1,203
each grade in the school district as a whole, for each school 1,204
building as a whole, and for each grade in each school building. 1,205
(b) The total number of employees and the number of 1,207
29
full-time equivalent employees providing each category of service 1,208
used pursuant to divisions (C)(4)(a) and (b) of this section, and 1,209
the total numbers of licensed employees and nonlicensed employees 1,211
and the numbers of full-time equivalent licensed employees and 1,212
nonlicensed employees providing each category used pursuant to 1,213
division (C)(4)(c) of this section. The guidelines adopted under 1,214
this section shall require these categories of data to be 1,215
maintained for the school district as a whole and, wherever 1,216
applicable, for each grade in the school district as a whole, for 1,217
each school building as a whole, and for each grade in each 1,218
school building.
(c) The total number of regular classroom teachers 1,220
teaching classes of regular education and the average number of 1,221
pupils enrolled in each such class, in each of grades 1,222
kindergarten through five in the district as a whole and in each 1,223
school building in the school district. 1,224
(3)(a) Student demographic data for each school district, 1,226
including information regarding the gender ratio of the school 1,227
district's pupils, the racial make-up of the school district's 1,228
pupils, and an appropriate measure of the number of the school 1,229
district's pupils who reside in economically disadvantaged 1,230
households. The demographic data shall be collected in a manner 1,231
to allow correlation with data collected under division (B)(1) of 1,232
this section. Categories for data collected pursuant to division 1,233
(B)(3) of this section shall conform, where appropriate, to 1,234
standard practices of agencies of the federal government. 1,235
(b) WITH RESPECT TO EACH STUDENT ENTERING KINDERGARTEN, 1,237
WHETHER THE STUDENT PREVIOUSLY PARTICIPATED IN A PUBLIC PRESCHOOL 1,238
PROGRAM, A PRIVATE PRESCHOOL PROGRAM, OR A HEAD START PROGRAM, 1,239
AND THE NUMBER OF YEARS THE STUDENT PARTICIPATED IN EACH OF THESE 1,240
PROGRAMS.
(C) The education management information system shall 1,242
include cost accounting data for each district as a whole and for 1,243
each school building in each school district. The guidelines 1,244
30
adopted under this section shall require the cost data for each 1,245
school district to be maintained in a system of mutually 1,246
exclusive cost units and shall require all of the costs of each 1,247
school district to be divided among the cost units. The 1,248
guidelines shall require the system of mutually exclusive cost 1,249
units to include at least the following: 1,250
(1) Administrative costs for the school district as a 1,252
whole. The guidelines shall require the cost units under this 1,253
division (C)(1) to be designed so that each of them may be 1,254
compiled and reported in terms of average expenditure per pupil 1,255
in formula ADM in the school district, as determined pursuant to 1,257
section 3317.03 of the Revised Code.
(2) Administrative costs for each school building in the 1,259
school district. The guidelines shall require the cost units 1,260
under this division (C)(2) to be designed so that each of them 1,261
may be compiled and reported in terms of average expenditure per 1,262
full-time equivalent pupil receiving instructional or support 1,263
services in each building. 1,264
(3) Instructional services costs for each category of 1,266
instructional service provided directly to students and required 1,267
by guidelines adopted pursuant to division (B)(1)(a) of this 1,268
section. The guidelines shall require the cost units under 1,269
division (C)(3) of this section to be designed so that each of 1,270
them may be compiled and reported in terms of average expenditure 1,271
per pupil receiving the service in the school district as a whole 1,272
and average expenditure per pupil receiving the service in each 1,273
building in the school district and in terms of a total cost for 1,274
each category of service and, as a breakdown of the total cost, a 1,275
cost for each of the following components: 1,276
(a) The cost of each instructional services category 1,278
required by guidelines adopted under division (B)(1)(a) of this 1,279
section that is provided directly to students by a classroom 1,280
teacher; 1,281
(b) The cost of the instructional support services, such 1,283
31
as services provided by a speech-language pathologist, classroom 1,284
aide, multimedia aide, or librarian, provided directly to 1,285
students in conjunction with each instructional services 1,286
category; 1,287
(c) The cost of the administrative support services 1,289
related to each instructional services category, such as the cost 1,290
of personnel that develop the curriculum for the instructional 1,291
services category and the cost of personnel supervising or 1,292
coordinating the delivery of the instructional services category. 1,293
(4) Support or extracurricular services costs for each 1,295
category of service directly provided to students and required by 1,296
guidelines adopted pursuant to division (B)(1)(b) of this 1,297
section. The guidelines shall require the cost units under 1,298
division (C)(4) of this section to be designed so that each of 1,299
them may be compiled and reported in terms of average expenditure 1,300
per pupil receiving the service in the school district as a whole 1,301
and average expenditure per pupil receiving the service in each 1,302
building in the school district and in terms of a total cost for 1,303
each category of service and, as a breakdown of the total cost, a 1,304
cost for each of the following components: 1,305
(a) The cost of each support or extracurricular services 1,307
category required by guidelines adopted under division (B)(1)(b) 1,308
of this section that is provided directly to students by a 1,309
licensed employee, such as services provided by a guidance 1,310
counselor or any services provided by a licensed employee under a 1,312
supplemental contract;
(b) The cost of each such services category provided 1,314
directly to students by a nonlicensed employee, such as 1,315
janitorial services, cafeteria services, or services of a sports 1,316
trainer; 1,317
(c) The cost of the administrative services related to 1,319
each services category in division (C)(4)(a) or (b) of this 1,320
section, such as the cost of any licensed or nonlicensed 1,321
employees that develop, supervise, coordinate, or otherwise are 1,322
32
involved in administering or aiding the delivery of each services 1,323
category. 1,324
(D)(1) The guidelines adopted under this section may SHALL 1,327
require school districts to collect information about individual 1,328
students, staff members, or both in connection with any data 1,329
required by division (B) or (C) of this section or other 1,330
reporting requirements established in the Revised Code. The 1,331
guidelines may also require school districts to report 1,332
information about individual staff members in connection with any 1,333
data required by division (B) or (C) of this section or other 1,334
reporting requirements established in the Revised Code. The 1,335
guidelines may authorize school districts to request social 1,336
security numbers of individual students so that school districts 1,337
and the data acquisition sites operated under section 3301.075 of 1,338
the Revised Code can assure accuracy and avoid errors in 1,339
collecting the data. However, the guidelines shall prohibit the 1,340
reporting under this section of any personally identifiable 1,341
information about any student, including a student's social 1,342
security number, name, or address, to the state board of 1,343
education or the department of education or to any other person 1,345
unless such person is employed by the school district or the data 1,346
acquisition site and is authorized by the district or acquisition 1,347
site to have access to such information. The guidelines may 1,348
require school districts to provide the social security numbers 1,349
of individual staff members. 1,350
(2) THE GUIDELINES SHALL PROVIDE FOR EACH SCHOOL DISTRICT 1,352
OR COMMUNITY SCHOOL TO ASSIGN A DATA VERIFICATION CODE TO EACH 1,353
STUDENT WHOSE INITIAL OHIO ENROLLMENT IS IN THAT DISTRICT OR 1,354
SCHOOL AND TO REPORT ALL REQUIRED INDIVIDUAL STUDENT DATA FOR 1,355
THAT STUDENT UTILIZING SUCH CODE. THE GUIDELINES SHALL ALSO 1,356
PROVIDE FOR ASSIGNING DATA VERIFICATION CODES TO ALL STUDENTS 1,357
ENROLLED IN DISTRICTS OR COMMUNITY SCHOOLS ON THE EFFECTIVE DATE 1,359
OF THE GUIDELINES ESTABLISHED UNDER THIS SECTION.
INDIVIDUAL STUDENT DATA SHALL BE REPORTED TO THE DEPARTMENT 1,361
33
THROUGH THE DATA ACQUISITION SITES UTILIZING THE CODE BUT AT NO 1,363
TIME SHALL ANYONE OTHER THAN AN EMPLOYEE OF THE SCHOOL DISTRICT 1,364
OR COMMUNITY SCHOOL IN WHICH THE STUDENT IS ENROLLED HAVE ACCESS 1,365
TO INFORMATION THAT WOULD ENABLE ANY DATA VERIFICATION CODE TO BE 1,366
MATCHED TO PERSONALLY IDENTIFIABLE STUDENT DATA. 1,367
EACH SCHOOL DISTRICT SHALL ENSURE THAT THE DATA 1,369
VERIFICATION CODE IS INCLUDED IN THE STUDENT'S RECORDS REPORTED 1,370
TO ANY SUBSEQUENT SCHOOL DISTRICT OR COMMUNITY SCHOOL IN WHICH 1,371
THE STUDENT ENROLLS AND SHALL REMOVE ALL REFERENCES TO THE CODE 1,372
IN ANY RECORDS RETAINED IN THE DISTRICT OR SCHOOL THAT PERTAIN TO 1,373
ANY STUDENT NO LONGER ENROLLED. ANY SUCH SUBSEQUENT DISTRICT OR 1,374
SCHOOL SHALL UTILIZE THE SAME IDENTIFIER IN ITS REPORTING OF DATA
UNDER THIS SECTION. 1,375
(E) The guidelines adopted under this section may require 1,377
school districts to collect and report data, information, or 1,378
reports other than that described in divisions (A), (B), and (C) 1,379
of this section for the purpose of complying with other reporting 1,380
requirements established in the Revised Code. The other data, 1,381
information, or reports may be maintained in the education 1,382
management information system but are not required to be compiled 1,383
as part of the profile formats required under division (G) of 1,384
this section or the annual statewide report required under 1,385
division (H) of this section. 1,386
(F) Beginning with the school year that begins July 1, 1,388
1991, the board of education of each school district shall 1,389
annually collect and report to the state board, in accordance 1,391
with the guidelines established by the board, the data required 1,393
pursuant to this section. A school district may collect and 1,394
report these data notwithstanding section 2151.358 or 3319.321 of 1,395
the Revised Code. 1,396
(G) The state board shall, in accordance with the 1,398
procedures it adopts, annually compile the data reported by each 1,399
school district pursuant to division (D) of this section. The 1,400
state board shall design formats for profiling each school 1,402
34
district as a whole and each school building within each district 1,403
and shall compile the data in accordance with these formats. 1,404
These profile formats shall: 1,405
(1) Include all of the data gathered under this section in 1,407
a manner that facilitates comparison among school districts and 1,408
among school buildings within each school district; 1,409
(2) Present the data on academic achievement levels as 1,411
assessed by the testing of student proficiency maintained 1,412
pursuant to division (B)(1)(e) of this section so that the 1,413
academic achievement levels of students who are excused from 1,414
taking any such test pursuant to division (C)(1) of section 1,415
3301.0711 of the Revised Code are distinguished from the academic 1,416
achievement levels of students who are not so excused. 1,417
(H)(1) The state board shall, in accordance with the 1,419
procedures it adopts, annually prepare a statewide report for all 1,420
school districts and the general public that includes the profile 1,421
of each of the school districts developed pursuant to division 1,422
(G) of this section. Copies of the report shall be sent to each 1,423
school district. 1,424
(2) The state board shall, in accordance with the 1,426
procedures it adopts, annually prepare an individual report for 1,427
each school district and the general public that includes the 1,428
profiles of each of the school buildings in that school district 1,429
developed pursuant to division (G) of this section. Copies of 1,430
the report shall be sent to the superintendent of the district 1,431
and to each member of the district board of education. 1,432
(3) Copies of the reports received from the state board 1,434
under divisions (H)(1) and (2) of this section shall be made 1,435
available to the general public at each school district's 1,436
offices. Each district board of education shall make copies of 1,437
each report available to any person upon request and payment of a 1,438
reasonable fee for the cost of reproducing the report. The board 1,439
shall annually publish in a newspaper of general circulation in 1,440
the school district, at least twice during the two weeks prior to 1,441
35
the week in which the reports will first be available, a notice 1,442
containing the address where the reports are available and the 1,443
date on which the reports will be available. 1,444
(I) Any data that is collected or maintained pursuant to 1,446
this section and that identifies an individual pupil is not a 1,447
public record for the purposes of section 149.43 of the Revised 1,448
Code. 1,449
(J) As used in this section: 1,451
(1) "School district" means any city, local, exempted 1,453
village, or joint vocational school district. 1,454
(2) "Cost" means any expenditure for operating expenses 1,456
made by a school district excluding any expenditures for debt 1,457
retirement except for payments made to any commercial lending 1,458
institution for any loan approved pursuant to section 3313.483 of 1,459
the Revised Code. 1,460
(K) Any person who removes data from the information 1,462
system established under this section for the purpose of 1,463
releasing it to any person not entitled under law to have access 1,464
to such information is subject to section 2913.42 of the Revised 1,465
Code prohibiting tampering with data. 1,466
(L) Any time the department of education determines that a 1,468
school district has taken any of the actions described under 1,469
division (L)(1), (2), or (3) of this section, it shall make a 1,470
report of the actions of the district, send a copy of the report 1,471
to the superintendent of such school district, and maintain a 1,472
copy of the report in its files: 1,473
(1) The school district fails to meet any deadline 1,475
established pursuant to this section for the reporting of any 1,476
data to the education management information system; 1,477
(2) The school district fails to meet any deadline 1,479
established pursuant to this section for the correction of any 1,480
data reported to the education management information system; 1,482
(3) The school district reports data to the education 1,484
management information system in a condition, as determined by 1,485
36
the department, that indicates that the district did not make a 1,486
good faith effort in reporting the data to the system. 1,487
Any report made under this division shall include 1,489
recommendations for corrective action by the school district. 1,490
Upon making a report for the first time in a fiscal year, 1,493
the department shall withhold ten per cent of the total amount 1,494
due during that fiscal year under Chapter 3317. of the Revised 1,495
Code to the school district to which the report applies. Upon 1,496
making a second report in a fiscal year, the department shall 1,497
withhold an additional twenty per cent of such total amount due 1,498
during that fiscal year to the school district to which the 1,499
report applies. The department shall not release such funds 1,500
unless it determines that the district has taken corrective 1,501
action. However, no such release of funds shall occur if the 1,502
district fails to take corrective action within ninety days of 1,503
the date upon which the report was made by the department. 1,504
(M) The department of education, after consultation with 1,507
the Ohio education computer network, may provide at no cost to 1,508
school districts uniform computer software for use in reporting 1,509
data to the education management information system, provided 1,510
that no school district shall be required to utilize such 1,511
software to report data to the education management information 1,512
system if such district is so reporting data in an accurate, 1,513
complete, and timely manner in a format compatible with that 1,514
required by the education management information system. 1,515
(N) The state board of education, in accordance with 1,517
sections 3319.31 and 3319.311 of the Revised Code, may suspend or 1,518
revoke a license as defined under division (A) of section 3319.31 1,519
of the Revised Code that has been issued to any school district 1,520
employee found to have willfully reported erroneous, inaccurate, 1,521
or incomplete data to the education management information 1,522
system.
(O) NO PERSON SHALL RELEASE OR MAINTAIN ANY INFORMATION 1,524
ABOUT ANY STUDENT IN VIOLATION OF THIS SECTION. WHOEVER VIOLATES 1,525
37
THIS DIVISION IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 1,526
Sec. 3301.0726. THE DEPARTMENT OF EDUCATION SHALL DEVELOP 1,528
A PACKET OF HIGH SCHOOL INSTRUCTIONAL MATERIALS ON PERSONAL 1,529
FINANCIAL RESPONSIBILITY, INCLUDING INSTRUCTIONAL MATERIALS ON 1,530
THE AVOIDANCE OF CREDIT CARD ABUSE, AND SHALL DISTRIBUTE THAT 1,531
PACKET TO ALL SCHOOL DISTRICTS. THE BOARD OF EDUCATION OF ANY 1,532
SCHOOL DISTRICT MAY ADOPT PART OR ALL OF THE MATERIALS INCLUDED 1,533
IN THE PACKET FOR INCORPORATION INTO THE DISTRICT'S CURRICULUM. 1,534
Sec. 3301.311. AFTER JUNE 30, 2001, NO HEAD START PROGRAM 1,536
SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS EACH STAFF MEMBER 1,537
EMPLOYED BY THAT PROGRAM AS A TEACHER IS WORKING TOWARD AN 1,538
ASSOCIATE DEGREE OF A TYPE APPROVED BY THE DEPARTMENT OF 1,539
EDUCATION. BEGINNING IN FISCAL YEAR 2006, NO HEAD START PROGRAM 1,540
SHALL RECEIVE ANY FUNDS FROM THE STATE UNLESS EVERY STAFF MEMBER 1,541
EMPLOYED BY THAT PROGRAM AS A TEACHER HAS ATTAINED SUCH A DEGREE. 1,542
Sec. 3301.80. (A) There is hereby created the Ohio 1,551
SchoolNet commission consisting AS AN INDEPENDENT AGENCY. THE 1,555
COMMISSION SHALL ADMINISTER PROGRAMS TO PROVIDE FINANCIAL AND 1,556
OTHER ASSISTANCE TO SCHOOL DISTRICTS AND OTHER EDUCATIONAL 1,557
INSTITUTIONS FOR THE ACQUISITION AND UTILIZATION OF EDUCATIONAL 1,558
TECHNOLOGY.
THE COMMISSION IS A BODY CORPORATE AND POLITIC, AN AGENCY 1,560
OF THE STATE PERFORMING ESSENTIAL GOVERNMENTAL FUNCTIONS OF THE 1,561
STATE.
(B)(1) THE COMMISSION SHALL CONSIST of eleven members, 1,564
seven of whom are voting members. Of the voting members, one 1,566
shall be appointed by the speaker of the house of representatives 1,567
and one shall be appointed by the president of the senate. The 1,568
members appointed by the speaker of the house and the president 1,569
of the senate shall not be members of the general assembly. The
state superintendent of public instruction or a designee of the 1,570
superintendent, the director of the office of budget and 1,571
management or a designee of the director, the director of 1,573
administrative services or a designee of the director, the 1,574
38
chairperson of the public utilities commission or a designee of
the chairperson, and the director of the Ohio educational 1,575
telecommunications network commission or a designee of the 1,576
director shall serve on the commission as ex officio voting 1,578
members. Of the nonvoting members, two shall be members of the 1,579
house of representatives appointed by the speaker of the house of
representatives and two shall be members of the senate appointed 1,580
by the president of the senate. The members appointed from each 1,581
house shall not be members of the same political party. 1,582
(2) THE MEMBERS SHALL SERVE WITHOUT COMPENSATION. THE 1,584
VOTING MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF 1,585
REPRESENTATIVES AND THE PRESIDENT OF THE SENATE SHALL BE 1,586
REIMBURSED, PURSUANT TO OFFICE OF BUDGET AND MANAGEMENT 1,587
GUIDELINES, FOR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF 1,588
OFFICIAL DUTIES.
(3) The terms of office for the members appointed by the 1,590
speaker of the house and the president of the senate shall be for 1,592
two years, with each term ending on the same day of the same 1,593
month as did the term that it succeeds. The members appointed by 1,594
the speaker of the house and the president of the senate may be 1,595
reappointed. Any member appointed from the house of 1,596
representatives or senate who ceases to be a member of the 1,597
legislative house from which the member was appointed shall cease 1,598
to be a member of the committee COMMISSION. Vacancies among 1,599
appointed members shall be filled in the manner provided for 1,600
original appointments. Any member appointed to fill a vacancy 1,601
occurring prior to the expiration date of the term for which a 1,602
predecessor was appointed shall hold office as a member for the
remainder of that term. The members appointed by the speaker of 1,604
the house and the president of the senate shall continue in 1,605
office subsequent to the expiration date of that member's term 1,606
until a successor takes office or until a period of sixty days
has elapsed, whichever occurs first. 1,607
The Ohio SchoolNet commission shall monitor and oversee the 1,611
39
operations of, and programs administered by, the Ohio SchoolNet 1,613
office established under division (B) of this section. In 1,614
addition, the commission may develop and issue policies and 1,615
directives to be followed by the Ohio SchoolNet office in 1,617
implementing the programs under its jurisdiction. 1,618
(B) The Ohio SchoolNet office is hereby established as an 1,621
independent agency. (C)(1) The office COMMISSION shall be under 1,622
the supervision of a AN EXECUTIVE director who shall be appointed 1,624
by the Ohio SchoolNet commission. The EXECUTIVE director shall 1,626
serve at the pleasure of the commission and shall direct the 1,628
office COMMISSION EMPLOYEES in the administration of all programs 1,630
for the provision of financial and other assistance to school 1,631
districts and other educational institutions for the acquisition 1,632
and utilization of educational technology. The
(2) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 1,635
BE PLACED IN THE UNCLASSIFIED SERVICE. THE COMMISSION SHALL FIX 1,636
THE COMPENSATION OF THE EXECUTIVE DIRECTOR. THE EXECUTIVE 1,637
DIRECTOR SHALL EMPLOY AND FIX THE COMPENSATION FOR SUCH EMPLOYEES 1,638
AS NECESSARY TO FACILITATE THE ACTIVITIES AND PURPOSES OF THE 1,639
COMMISSION. THE EMPLOYEES SHALL SERVE AT THE PLEASURE OF THE 1,640
EXECUTIVE DIRECTOR.
(3) THE EMPLOYEES OF THE OHIO SCHOOLNET COMMISSION SHALL 1,643
BE EXEMPT FROM CHAPTER 4117. OF THE REVISED CODE AND SHALL NOT BE 1,645
PUBLIC EMPLOYEES AS DEFINED IN SECTION 4117.01 OF THE REVISED 1,647
CODE.
(D) THE Ohio SchoolNet office COMMISSION shall do all of 1,650
the following: 1,651
(1) Make grants to institutions and other organizations as 1,653
prescribed by the general assembly for the provision of technical 1,654
assistance, professional development, and other support services 1,655
to enable school districts, COMMUNITY SCHOOLS ESTABLISHED UNDER 1,656
CHAPTER 3314. OF THE REVISED CODE, and other educational 1,658
institutions to utilize educational technology;
(2) Contract with the department of education, state 1,660
40
institutions of higher education, private nonprofit institutions 1,661
of higher education holding certificates of authorization under 1,662
section 1713.02 of the Revised Code, and such other public or 1,663
private entities, and employ such persons as the EXECUTIVE 1,664
director of the office deems necessary for the administration and 1,665
implementation of the programs under the office's COMMISSION'S 1,667
jurisdiction;
(3) Establish a reporting system to which school 1,669
districts, COMMUNITY SCHOOLS ESTABLISHED UNDER CHAPTER 3314. OF 1,670
THE REVISED CODE, and other educational institutions receiving 1,672
financial assistance pursuant to this section for the acquisition 1,673
of educational technology report information as to the manner in 1,674
which such assistance was expended, the manner in which the
equipment or services purchased with the assistance is being 1,675
utilized, the results or outcome of this utilization, and other 1,676
information as may be required by the office COMMISSION; 1,677
(4) Establish necessary guidelines governing purchasing 1,679
and procurement by participants in programs administered by the 1,680
office COMMISSION that facilitate the timely and effective 1,682
implementation of such programs;
(5) Implement TAKE INTO CONSIDERATION THE EFFICIENCY AND 1,684
COST SAVINGS OF STATEWIDE PROCUREMENT PRIOR TO ALLOCATING AND 1,686
RELEASING FUNDS FOR ANY PROGRAMS UNDER ITS ADMINISTRATION. 1,687
(E)(1) THE EXECUTIVE DIRECTOR SHALL IMPLEMENT policies and 1,690
directives issued by the Ohio SchoolNet commission established 1,693
under division (A) of this section.
(2) The Ohio SchoolNet office COMMISSION may establish a 1,696
systems support network to facilitate the timely implementation 1,697
of the programs, projects, or activities for which it provides 1,698
assistance.
(3) Chapters 123., 124., 125., and 153., and sections 1,700
9.331, 9.332, and 9.333 of the Revised Code do not apply to 1,701
contracts, programs, projects, or activities of the Ohio 1,703
SchoolNet commission or Ohio SchoolNet office. 1,704
41
For purposes of exercising collective bargaining rights 1,706
under Chapter 4117. of the Revised Code, the employees of the 1,708
Ohio SchoolNet office shall be placed in a bargaining unit 1,711
separate from any other unit containing employees of the state. 1,712
Sec. 3301.801. The office of information, learning, and 1,721
technology services OHIO SCHOOLNET COMMISSION shall create and 1,723
maintain a clearinghouse for classroom teachers, INCLUDING ANY 1,724
CLASSROOM TEACHERS EMPLOYED BY COMMUNITY SCHOOLS ESTABLISHED 1,725
UNDER CHAPTER 3314. OF THE REVISED CODE, to easily obtain lesson 1,726
plans and materials and other practical resources for use in 1,727
classroom teaching. The office COMMISSION shall develop a method 1,728
of obtaining submissions, from classroom teachers and others, of 1,730
such plans, materials, and other resources that have been used in 1,731
the classroom and that can be readily used and implemented by 1,732
classroom teachers in their regular teaching activities. The 1,733
office COMMISSION also shall develop methods of informing 1,734
classroom teachers of both the availability of such plans, 1,736
materials, and other resources, and of the opportunity to submit 1,737
such plans, materials, and other resources and other classroom 1,738
teaching ideas to the clearinghouse. 1,739
The office COMMISSION shall periodically report to the 1,741
speaker and minority leader of the house of representatives, the 1,743
president and minority leader of the senate, and the chairpersons 1,744
and ranking minority members of the education committees of the 1,745
senate and the house of representatives regarding the
clearinghouse and make recommendations for changes in state law 1,746
or administrative rules that may facilitate the usefulness of the 1,747
clearinghouse.
Sec. 3301.86. The OhioReads classroom reading grants 1,757
program is hereby established. The OhioReads council shall award 1,758
grants under the program in accordance with the guidelines 1,759
STANDARDS it establishes under section 3301.91 of the Revised 1,761
Code. The OhioReads office is the fiscal agent for the program 1,762
and shall pay the grants awarded by the council. 1,763
42
Sec. 3301.87. The OhioReads community reading grants 1,772
program is hereby established. The OhioReads council shall award 1,774
grants under the program in accordance with the guidelines 1,776
STANDARDS it establishes under section 3301.91 of the Revised 1,778
Code. The OhioReads office is the fiscal agent for the program 1,780
and shall pay the grants awarded by the council. 1,781
Sec. 3301.88. (A) A recipient of a grant under section 1,790
3301.86 or 3301.87 of the Revised Code OR AN ENTITY APPROVED BY 1,792
THE OHIOREADS COUNCIL may request from the bureau of criminal 1,794
identification and investigation a criminal records check on any 1,795
individual, other than an individual described in division (B) of 1,796
this section, who applies to participate in providing directly to 1,797
children any program or service THROUGH AN ENTITY APPROVED BY THE 1,800
OHIOREADS COUNCIL OR funded in whole or in part by the grant. If 1,802
a recipient OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL elects 1,804
to request a criminal records check, the request shall consist of
a request for the information a school district board of 1,808
education may request under division (F)(2)(a) of section 109.57 1,810
of the Revised Code and shall be accompanied by one of the 1,811
following identification options:
(1) The form and standard impression sheet prescribed by 1,813
the bureau under division (C) of section 109.572 of the Revised 1,814
Code;
(2) A form prescribed by the bureau on which is specified 1,816
the individual's name, social security number, and date of birth. 1,817
(B) A grant recipient OR AN ENTITY APPROVED BY THE 1,820
OHIOREADS COUNCIL shall not request a criminal records check 1,821
under division (A) of this section with respect to any individual 1,824
who furnishes the grant recipient OR AN ENTITY APPROVED BY THE 1,825
OHIOREADS COUNCIL with a certified copy of a report of a criminal 1,827
records check completed by the bureau within one year prior to 1,828
applying to participate in providing programs or services THROUGH 1,830
AN ENTITY APPROVED BY THE OHIOREADS COUNCIL OR under an OhioReads 1,833
grant. 1,834
43
(C) Except as provided in rules adopted under division 1,836
(G)(2) of this section, a grant recipient OR AN ENTITY APPROVED 1,838
BY THE OHIOREADS COUNCIL shall not allow an individual to 1,840
participate in providing directly to children any program or 1,842
service THROUGH AN ENTITY APPROVED BY THE OHIOREADS COUNCIL OR 1,844
funded in whole or in part by the grant if the information 1,846
requested under this section from the bureau indicates that the 1,847
individual has ever pleaded guilty to or been found guilty by a 1,848
jury or court of any of the following:
(1) A felony; 1,850
(2) A violation of section 2903.16, 2903.34, 2905.05, 1,853
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, 1,854
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the 1,856
Revised Code; a violation of section 2905.04 of the Revised Code 1,857
as it existed prior to July 1, 1996; or a violation of section 1,858
2919.23 of the Revised Code that would have been a violation of 1,860
section 2905.04 of the Revised Code as it existed prior to July 1,862
1, 1996, had it been committed prior to that date; 1,863
(3) An offense of violence; 1,865
(4) A theft offense, as defined in section 2913.01 of the 1,867
Revised Code; 1,868
(5) A drug abuse offense, as defined in section 2925.01 of 1,870
the Revised Code; 1,871
(6) A violation of an existing or former ordinance of a 1,873
municipal corporation or law of the United States or another 1,875
state that is substantively comparable to an offense listed in 1,877
divisions (C)(1) to (5) of this section.
(D) A grant recipient OR AN ENTITY APPROVED BY THE 1,880
OHIOREADS COUNCIL that elects to request criminal records checks 1,882
may conditionally allow an individual to participate in providing
programs or services directly to children until the criminal 1,883
records check is completed and the grant recipient OR AN ENTITY 1,885
APPROVED BY THE OHIOREADS COUNCIL receives the results. If the 1,887
results of the criminal records check indicate that the
44
individual has been convicted of or pleaded guilty to an offense 1,888
listed in division (C) of this section, the grant recipient OR AN 1,891
ENTITY APPROVED BY THE OHIOREADS COUNCIL shall not allow the 1,892
individual to further participate in providing directly to 1,893
children any program or service THROUGH AN ENTITY APPROVED BY THE 1,894
OHIOREADS COUNCIL OR funded in whole or in part by the grant, 1,897
except as provided in the rules adopted under division (G)(2) of 1,898
this section.
(E) The report of any criminal records check conducted in 1,900
accordance with division (F)(5) of section 109.57 of the Revised 1,902
Code pursuant to a request under this section is not a public 1,904
record for purposes of section 149.43 of the Revised Code. The 1,905
report shall not be made available to any person other than the 1,906
individual who is the subject of the criminal records check or 1,907
the individual's representative, the grant recipient or the grant 1,908
recipient's representative OR AN ENTITY APPROVED BY THE OHIOREADS 1,909
COUNCIL, and any court, hearing officer, or other necessary 1,911
individual in a case dealing with the denial of the individual's 1,912
participation in a program or service THROUGH AN ENTITY APPROVED 1,914
BY THE OHIOREADS COUNCIL OR funded by an OhioReads grant. 1,916
(F) The OhioReads office shall reimburse each grant 1,919
recipient OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL for each 1,921
criminal records check the actual amount paid by the grant 1,923
recipient OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL for the 1,925
portion of the criminal records check conducted by the bureau of 1,926
criminal identification and investigation. Reimbursement shall 1,928
be paid under this division only for criminal records checks on 1,929
individuals who apply to participate in providing directly to 1,930
children any program or service THROUGH AN ENTITY APPROVED BY THE 1,933
OHIOREADS COUNCIL OR funded in whole or in part by the grant. To 1,935
receive it, the grant recipient OR AN ENTITY APPROVED BY THE 1,937
OHIOREADS COUNCIL must submit information to the office in the 1,938
form and manner required by the office. The reimbursement is in 1,939
addition to the grant awarded to the recipient under section 1,940
45
3301.86 or 3301.87 of the Revised Code. 1,941
(G) The department of education shall adopt rules in 1,943
accordance with Chapter 119. of the Revised Code: 1,944
(1) Prescribing the form and manner in which grant 1,946
recipients OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL must 1,948
submit information to the OhioReads office to receive
reimbursement under division (F) of this section; 1,949
(2) Specifying circumstances under which a grant recipient 1,951
OR AN ENTITY APPROVED BY THE OHIOREADS COUNCIL may allow an 1,953
individual whose criminal records check report indicates that the 1,954
individual has been convicted of or pleaded guilty to an offense 1,955
listed in division (C) of this section, but who meets standards 1,956
in regard to rehabilitation set forth in the rules, to 1,957
participate in providing directly to children any program or 1,958
service THROUGH AN ENTITY APPROVED BY THE OHIOREADS COUNCIL OR 1,960
funded in whole or in part by the grant. 1,962
Sec. 3301.91. (A) The OhioReads council's 1,972
responsibilities include, but are not limited to, the following: 1,973
(1) Advising and consenting to the superintendent of 1,975
public instruction's appointments to the position of executive 1,976
director of the OhioReads office; 1,977
(2) Evaluating the effectiveness of the OhioReads 1,979
initiative established by this section and sections 3301.86 and 1,980
3301.87 of the Revised Code and conducting annual evaluations 1,982
beginning in fiscal year 2002; 1,983
(3) Developing a strategic plan for identifying, 1,985
recruiting, training, qualifying, and placing volunteers for the 1,986
OhioReads initiative; 1,988
(4) Establishing guidelines STANDARDS for the awarding of 1,990
classroom reading grants under section 3301.86 of the Revised 1,993
Code and community reading grants under section 3301.87 of the 1,995
Revised Code, including eligibility criteria, grant amounts, 1,998
purposes for which grants may be used, and administrative, 1,999
programmatic, and reporting requirements; 2,000
46
(5) Awarding classroom reading grants and community 2,002
reading grants to be paid by the OhioReads office under sections 2,003
3301.86 and 3301.87 of the Revised Code; 2,005
(6) Establishing guidelines for and overseeing the general 2,007
responsibilities and mission of the executive director of the 2,009
OhioReads office; 2,010
(7) ADOPTING RULES PURSUANT TO CHAPTER 119. OF THE REVISED 2,012
CODE TO ESTABLISH STANDARDS REQUIRED UNDER SECTIONS 3301.86 AND 2,013
3301.87 OF THE REVISED CODE.
(B) In performing its duties, the council shall, to the 2,016
extent practicable:
(1) Give primary consideration to the safety and 2,018
well-being of children participating in the OhioReads initiative; 2,019
(2) Maximize the use of resources to improve reading 2,021
outcomes, especially the fourth grade reading proficiency test 2,022
established under division (A)(1) of section 3301.0710 of the 2,025
Revised Code; 2,026
(3) Identify and maximize relevant federal and state 2,028
resources to leverage OhioReads resources and related programs; 2,031
(4) Focus on early reading intervention strategies, 2,033
professional development, and parental involvement; 2,034
(5) Give priority to programs recognized as promising 2,037
educational practices for accelerating student achievement, 2,039
including, but not limited to, programs primarily using 2,040
volunteers and programs that may have been reviewed by the
education commission of the states. 2,041
Sec. 3302.01. As used in this chapter: 2,050
(A) "Dropout rate" means one minus the graduation rate A 2,052
STUDENT WHO WITHDRAWS FROM SCHOOL BEFORE COMPLETING COURSE 2,053
REQUIREMENTS FOR GRADUATION AND WHO IS NOT ENROLLED IN AN 2,054
EDUCATION PROGRAM APPROVED BY THE STATE BOARD OF EDUCATION OR AN 2,055
EDUCATION PROGRAM OUTSIDE THE STATE. "DROPOUT" DOES NOT INCLUDE 2,056
A STUDENT WHO HAS DEPARTED THE COUNTRY.
(B) "Graduation rate" means a calculation of the per cent 2,058
47
PERCENTAGE of ninth grade students who graduate by the end of the 2,060
summer following their twelfth grade year. The graduation rate 2,061
is the ratio of the students entering ninth grade to the number 2,062
of those students receiving a diploma TO THE NUMBER OF STUDENTS 2,063
WHO ENTERED NINTH GRADE four years later EARLIER. Students who 2,065
transfer into the district are added to the calculation.
Students who transfer out of the district for reasons other than 2,066
dropout are subtracted from the calculation. Students who do not 2,068
graduate WITHIN FOUR YEARS but who continue their high school
education in the following year in the same school district are 2,070
removed from the calculation for that THE year IN WHICH THEY 2,071
WOULD HAVE GRADUATED and are added to the calculation for the 2,073
subsequent year FOLLOWING YEAR'S GRADUATING CLASS AS IF THE 2,074
STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE INTENDED
GRADUATION DATE OF THAT CLASS. IN EACH SUBSEQUENT YEAR THAT SUCH 2,075
STUDENTS DO NOT GRADUATE BUT CONTINUE THEIR HIGH SCHOOL EDUCATION 2,076
UNINTERRUPTED IN THE SAME SCHOOL DISTRICT, SUCH STUDENTS SHALL BE 2,077
REASSIGNED TO THE DISTRICT'S GRADUATION RATE FOR THAT YEAR BY 2,078
ASSUMING THAT THE STUDENTS ENTERED NINTH GRADE FOUR YEARS BEFORE 2,079
THE DATE OF THE INTENDED GRADUATION. IF A STUDENT WHO WAS A 2,080
DROPOUT IN ANY PREVIOUS YEAR RETURNS TO THE SAME SCHOOL DISTRICT,
THAT STUDENT SHALL BE ENTERED INTO THE CALCULATION AS IF THE 2,081
STUDENT HAD ENTERED NINTH GRADE FOUR YEARS BEFORE THE GRADUATION 2,082
YEAR OF THE GRADUATING CLASS THAT THE STUDENT JOINS. 2,083
(C) "Attendance rate" means the ratio of the number of 2,085
students actually in attendance over the course of a school year 2,086
to the number of students who were required to be in attendance 2,087
that school year, as calculated pursuant to rules of the 2,088
superintendent of public instruction. 2,089
(D) "Three-year average" means the average of the most 2,091
recent consecutive three years of data. 2,092
(E) "Required level of improvement" means at least one 2,095
standard unit of improvement on at least the percentage of 2,096
performance standards required to demonstrate overall 2,097
48
improvement, in accordance with the rule approved under division 2,098
(A) of section 3302.04 of the Revised Code. 2,099
Sec. 3302.02. The following are the expected state 2,108
performance standards for school districts: 2,109
(A) A three NINETY per cent dropout GRADUATION rate; 2,112
(B) At least seventy-five per cent of fourth graders 2,114
proficient on the mathematics test prescribed by division (A)(1) 2,115
of section 3301.0710 of the Revised Code; 2,116
(C) At least seventy-five per cent of fourth graders 2,118
proficient on the reading test prescribed by division (A)(1) of 2,119
section 3301.0710 of the Revised Code; 2,120
(D) At least seventy-five per cent of fourth graders 2,122
proficient on the writing test prescribed by division (A)(1) of 2,123
section 3301.0710 of the Revised Code; 2,124
(E) At least seventy-five per cent of fourth graders 2,126
proficient on the citizenship test prescribed by division (A)(1) 2,127
of section 3301.0710 of the Revised Code; 2,128
(F) At least seventy-five per cent of ninth graders 2,130
proficient on the mathematics test prescribed by division (B) of 2,131
section 3301.0710 of the Revised Code; 2,132
(G) At least seventy-five per cent of ninth graders 2,134
proficient on the reading test prescribed by division (B) of 2,135
section 3301.0710 of the Revised Code; 2,136
(H) At least seventy-five per cent of ninth graders 2,138
proficient on the writing test prescribed by division (B) of 2,139
section 3301.0710 of the Revised Code; 2,140
(I) At least seventy-five per cent of ninth graders 2,142
proficient on the citizenship test prescribed by division (B) of 2,143
section 3301.0710 of the Revised Code; 2,144
(J) At least eighty-five per cent of tenth graders 2,146
proficient on the mathematics test prescribed by division (B) of 2,147
section 3301.0710 of the Revised Code; 2,148
(K) At least eighty-five per cent of tenth graders 2,150
proficient on the reading test prescribed by division (B) of 2,151
49
section 3301.0710 of the Revised Code; 2,152
(L) At least eighty-five per cent of tenth graders 2,154
proficient on the writing test prescribed by division (B) of 2,155
section 3301.0710 of the Revised Code; 2,156
(M) At least eighty-five per cent of tenth graders 2,158
proficient on the citizenship test prescribed by division (B) of 2,159
section 3301.0710 of the Revised Code; 2,160
(N) At least sixty per cent of twelfth graders proficient 2,162
on the mathematics test prescribed by division (A)(3) of section 2,163
3301.0710 of the Revised Code; 2,164
(O) At least sixty per cent of twelfth graders proficient 2,166
on the reading test prescribed by division (A)(3) of section 2,167
3301.0710 of the Revised Code; 2,168
(P) At least sixty per cent of twelfth graders proficient 2,170
on the writing test prescribed by division (A)(3) of section 2,171
3301.0710 of the Revised Code; 2,172
(Q) At least sixty per cent of twelfth graders proficient 2,174
on the citizenship test prescribed by division (A)(3) of section 2,175
3301.0710 of the Revised Code; 2,176
(R) At least a ninety-three per cent attendance rate. 2,179
When sufficient data concerning the tests given pursuant to 2,182
division (A)(2) of section 3301.0710 of the Revised Code and the 2,184
science tests given pursuant to divisions (A)(1), (3), and (B) of 2,185
section 3301.0710 of the Revised Code are available for the 2,187
department of education to establish performance standards for 2,189
those tests, the department shall recommend a rule adding 2,191
standards to reflect these additional tests. The department 2,192
shall also recommend a rule when necessary to allow for the 2,194
phasing out of the ninth grade proficiency test and its 2,195
replacement with a high school proficiency test pursuant to 2,196
section 3301.0710 of the Revised Code as amended by this act 2,197
AMENDED SUBSTITUTE SENATE BILL NO. 55 OF THE 122nd GENERAL 2,199
ASSEMBLY. The rules shall not recommend any standard be 2,201
established for passage of the fourth grade reading test that is 2,202
50
solely based on the test given in the fall for the purpose of
determining whether students have met the fourth grade guarantee 2,204
provisions of section 3313.608 of the Revised Code. 2,205
Rules recommended by the department under this section 2,208
shall not take effect unless approved by joint resolution of the 2,209
general assembly.
Sec. 3302.03. (A) Beginning with the fiscal year that 2,218
starts on July 1, 1999, every three years the department of 2,220
education shall calculate and report for each school district its 2,221
percentages on each of the performance indicators listed in 2,222
section 3302.02 of the Revised Code and shall specify for each 2,223
such district the extent to which the acceptable performance 2,225
indicator has been achieved and whether the district is an
effective school district, needs continuous improvement, is under 2,226
an academic watch, or is in a state of academic emergency. 2,227
(B)(1) A school district shall be declared an effective 2,229
school district if it meets at least ninety-four per cent of the 2,231
state performance standards.
(2) A school district shall be declared to be in need of 2,233
continuous improvement if it meets more than fifty per cent but 2,234
less than ninety-four per cent of the state performance 2,235
standards. 2,236
(3) A school district shall be declared to be under an 2,238
academic watch if it meets more than thirty-three per cent but 2,239
not more than fifty per cent of the state performance standards. 2,241
(4) A school district shall be declared to be in a state 2,243
of academic emergency if it does not meet more than thirty-three 2,244
per cent of the state performance standards. 2,245
(C) Whenever feasible, the department shall utilize 2,247
three-year averaging of the district's percentages on the 2,248
performance standards specified in section 3302.02 of the Revised 2,249
Code.
(D)(1) The department shall issue annual report cards for 2,251
each shool SCHOOL district and for the state as a whole based on 2,253
51
education and fiscal performance data. 2,254
(2) The department shall not include in the report card 2,256
required by this division proficiency test passage data according 2,257
to any ethnic, racial, or gender classification. 2,258
(E) IN CALCULATING THE PROFICIENCY TEST PASSAGE RATES 2,260
UNDER THIS SECTION, THE DEPARTMENT SHALL EXCLUDE FROM THE 2,261
CALCULATION ANY STUDENTS EXEMPTED FROM THE REQUIREMENT TO TAKE 2,262
THE APPLICABLE PROFICIENCY TEST PURSUANT TO DIVISION (C)(1) OR 2,263
(3) OF SECTION 3301.0711 OF THE REVISED CODE, WHETHER OR NOT THE 2,264
STUDENT CHOSE TO TAKE THE TEST VOLUNTARILY IN SPITE OF THE 2,265
EXEMPTION GRANTED IN THAT DIVISION.
Sec. 3302.07. (A) The board of education of any school 2,274
district or, the governing board of any educational service 2,275
center, OR THE ADMINISTRATIVE AUTHORITY OF ANY CHARTERED 2,276
NONPUBLIC SCHOOL may submit to the state board of education an 2,277
application proposing an innovative education pilot program the 2,278
implementation of which requires exemptions from specific 2,279
statutory provisions or rules. If a district or service center 2,280
board employs teachers under a collective bargaining agreement 2,281
adopted pursuant to Chapter 4117. of the Revised Code, any 2,282
application submitted under this division shall include the 2,283
written consent of the teachers' employee representative 2,284
designated under division (B) of section 4117.04 of the Revised 2,285
Code. The exemptions requested in the application shall be 2,286
limited to any requirement of Title XXXIII of the Revised Code or 2,287
of any rule of the state board adopted pursuant to that title 2,288
except that the application may not propose an exemption from any 2,289
requirement of or rule adopted pursuant to Chapter 3307. or 2,290
3309., sections 3319.07 to 3319.21, or Chapter 3323. of the 2,291
Revised Code.
(B) The state board of education shall accept any 2,293
application submitted in accordance with division (A) of this 2,294
section. The superintendent of public instruction shall approve 2,295
or disapprove the application in accordance with standards for 2,297
52
approval, which shall be adopted by the state board.
(C) The superintendent of public instruction shall exempt 2,299
each district or service center board OR CHARTERED NONPUBLIC 2,300
SCHOOL ADMINISTRATIVE AUTHORITY with an application approved 2,301
under division (B) of this section for a specified period from 2,303
the statutory provisions or rules specified in the approved 2,304
application. The period of exemption shall not exceed the period 2,305
during which the pilot program proposed in the application is 2,306
being implemented and a reasonable period to allow for evaluation 2,307
of the effectiveness of the program. 2,308
Sec. 3311.19. (A) The management and control of a joint 2,317
vocational school district shall be vested in the joint 2,318
vocational school district board of education. Where a joint 2,319
vocational school district is composed only of two or more local 2,320
school districts located in one county, or when all the 2,321
participating districts are in one county and the boards of such 2,322
participating districts so choose, the educational service center 2,324
governing board of the county in which the joint vocational 2,325
school district is located shall serve as the joint vocational 2,326
school district board of education. Where a joint vocational 2,327
school district is composed of local school districts of more 2,328
than one county, or of any combination of city, local, or 2,329
exempted village school districts or educational service centers, 2,330
unless administration by the educational service center governing 2,331
board has been chosen by all the participating districts in one 2,333
county pursuant to this section, the board of education of the 2,334
joint vocational school district shall be composed of one or more 2,335
persons who are members of the boards of education from each of 2,336
the city or exempted village school districts or members of the 2,337
educational service centers' governing boards affected to be 2,338
appointed by the boards of education or governing boards of such 2,339
school districts and educational service centers. In such joint 2,340
vocational school districts the number and terms of members of 2,342
the joint vocational school district board of education and the 2,343
53
allocation of a given number of members to each of the city and 2,344
exempted village districts and educational service centers shall 2,345
be determined in the plan for such district, provided that each 2,347
such joint vocational school district board of education shall be 2,348
composed of an odd number of members.
(B) Notwithstanding division (A) of this section, a 2,350
governing board of an educational service center that has members 2,351
of its governing board serving on a joint vocational school 2,354
district board of education may make a request to the joint 2,355
vocational district board that the joint vocational school 2,356
district plan be revised to provide for one or more members of 2,357
boards of education of local school districts that are within the 2,358
territory of the educational service district and within the 2,359
joint vocational school district to serve in the place of or in 2,360
addition to its educational service center governing board 2,361
members. If agreement is obtained among a majority of the boards 2,363
of education and governing boards that have a member serving on 2,365
the joint vocational school district board of education and among 2,366
a majority of the local school district boards of education 2,367
included in the district and located within the territory of the 2,368
educational service center whose board requests the substitution 2,369
or addition, the state board of education may revise the joint 2,370
vocational school district plan to conform with such agreement. 2,371
(C) If the board of education of any school district or 2,374
educational service center governing board included within a
joint vocational district that has had its board or governing 2,376
board membership revised under division (B) of this section
requests the joint vocational school district board to submit to 2,377
the state board of education a revised plan under which one or 2,378
more joint vocational board members chosen in accordance with a 2,379
plan revised under such division would again be chosen in the 2,380
manner prescribed by division (A) of this section, the joint 2,381
vocational board shall submit the revised plan to the state board 2,382
of education, provided the plan is agreed to by a majority of the 2,383
54
boards of education represented on the joint vocational board, a 2,384
majority of the local school district boards included within the 2,385
joint vocational district, and each educational service center 2,386
governing board affected by such plan. The state board of 2,388
education may revise the joint vocational school district plan to 2,389
conform with the revised plan. 2,390
(D) The vocational schools in such joint vocational school 2,392
district shall be available to all youth of school age within the 2,393
joint vocational school district subject to the rules adopted by 2,394
the joint vocational school district board of education in regard 2,395
to the standards requisite to admission. A joint vocational 2,396
school district board of education shall have the same powers, 2,397
duties, and authority for the management and operation of such 2,398
joint vocational school district as is granted by law, except by 2,399
this chapter and Chapters 124., 3317., 3323., and 3331. of the 2,400
Revised Code, to a board of education of a city school district, 2,401
and shall be subject to all the provisions of law that apply to a 2,402
city school district, except such provisions in this chapter and 2,403
Chapters 124., 3317., 3323., and 3331. of the Revised Code. 2,404
(E) Where a governing board of an educational service 2,407
center has been designated to serve as the joint vocational 2,408
school district board of education, the educational service 2,409
center superintendent shall be the executive officer for the 2,410
joint vocational school district, and the governing board may 2,411
provide for additional compensation to be paid to him THE 2,412
EDUCATIONAL SERVICE CENTER SUPERINTENDENT by the joint vocational 2,413
school district, but he THE EDUCATIONAL SERVICE CENTER 2,414
SUPERINTENDENT shall have no continuing tenure other than that of 2,416
educational service center superintendent. The superintendent of 2,418
schools of a joint vocational school district shall exercise the 2,419
duties and authority vested by law in a superintendent of schools 2,420
pertaining to the operation of a school district and the 2,421
employment and supervision of its personnel. The joint
vocational school district board of education shall appoint a 2,423
55
treasurer of the joint vocational school district who shall be 2,424
the fiscal officer for such district and who shall have all the 2,425
powers, duties, and authority vested by law in a treasurer of a 2,426
board of education. Where a governing board of an educational 2,427
service center has been designated to serve as the joint 2,428
vocational school district board of education, such board may 2,429
appoint the educational service center superintendent as the 2,431
treasurer of the joint vocational school district. 2,432
(F) Each member of a joint vocational school district 2,434
board of education may be paid such compensation as the board 2,435
provides by resolution, but it shall not exceed eighty dollars 2,436
per member for meetings EACH MEETING attended, not exceeding 2,437
twelve meetings in any one year, plus mileage, at the rate per 2,439
mile provided by resolution of the board, to and from such 2,441
meetings of the board.
The board may provide by resolution for the deduction of 2,443
amounts payable for benefits under division (D) of section 2,444
3313.202 of the Revised Code. No member of a board of a joint 2,445
vocational school district who is purchasing any category of 2,446
benefits under such section offered by a city, local, or exempted 2,447
village school board or educational service center governing 2,448
board, shall purchase the same category of benefits as a member 2,449
of the joint vocational school board. 2,450
Sec. 3311.213. (A) With the approval of the board of 2,459
education of a joint vocational school district which is in 2,460
existence, any school district in the county or counties 2,461
comprising the joint vocational school district or any school 2,462
district in a county adjacent to a county comprising part of a 2,463
joint vocational school district may become a part of the joint 2,464
vocational school district. On the adoption of a resolution of 2,465
approval by the board of education of the joint vocational school 2,466
district, it shall advertise a copy of such resolution in a 2,467
newspaper of general circulation in the school district proposing 2,468
to become a part of such joint vocational school district once 2,469
56
each week for at least two weeks immediately following the date 2,470
of the adoption of such resolution. Such resolution shall NOT 2,471
become legally effective on UNTIL the sixtieth LATER OF THE 2,472
SIXTY-FIRST day after its adoption unless prior to the expiration 2,474
of such sixty-day period qualified electors residing in the 2,475
school district proposed to become a part of the joint vocational 2,476
school district equal in number to a majority of the qualified 2,477
electors voting at the last general election file with such board 2,478
of education a petition of remonstrance against such transfer OR 2,479
UNTIL THE BOARD OF ELECTIONS CERTIFIES THE RESULTS OF AN ELECTION 2,480
IN FAVOR OF JOINING OF THE SCHOOL DISTRICT TO THE JOINT
VOCATIONAL SCHOOL DISTRICT IF SUCH AN ELECTION IS HELD UNDER 2,481
DIVISION (B) OF THIS SECTION. 2,482
(B) DURING THE SIXTY-DAY PERIOD FOLLOWING THE DATE OF THE 2,485
ADOPTION OF A RESOLUTION TO JOIN A SCHOOL DISTRICT TO A JOINT 2,487
VOCATIONAL SCHOOL DISTRICT UNDER DIVISION (A) OF THIS SECTION, 2,488
THE ELECTORS OF THE SCHOOL DISTRICT THAT PROPOSES JOINING THE 2,490
JOINT VOCATIONAL SCHOOL DISTRICT MAY PETITION FOR A REFERENDUM 2,491
VOTE ON THE RESOLUTION. THE QUESTION WHETHER TO APPROVE OR 2,492
DISAPPROVE THE RESOLUTION SHALL BE SUBMITTED TO THE ELECTORS OF 2,493
SUCH SCHOOL DISTRICT IF A NUMBER OF QUALIFIED ELECTORS EQUAL TO 2,494
TWENTY PER CENT OF THE NUMBER OF ELECTORS IN THE SCHOOL DISTRICT 2,495
WHO VOTED FOR THE OFFICE OF GOVERNOR AT THE MOST RECENT GENERAL 2,496
ELECTION FOR THAT OFFICE SIGN A PETITION ASKING THAT THE QUESTION 2,497
OF WHETHER THE RESOLUTION SHALL BE DISAPPROVED BE SUBMITTED TO 2,498
THE ELECTORS. THE PETITION SHALL BE FILED WITH THE BOARD OF 2,499
ELECTIONS OF THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED. 2,500
IF THE SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 2,502
PETITION SHALL BE FILED WITH THE BOARD OF ELECTIONS OF THE COUNTY 2,503
IN WHICH THE MAJORITY OF THE TERRITORY OF THE SCHOOL DISTRICT IS 2,504
LOCATED. THE BOARD SHALL CERTIFY THE VALIDITY AND SUFFICIENCY OF 2,506
THE SIGNATURES ON THE PETITION. 2,507
THE BOARD OF ELECTIONS SHALL IMMEDIATELY NOTIFY THE BOARD 2,510
OF EDUCATION OF THE JOINT VOCATIONAL SCHOOL DISTRICT AND THE 2,511
57
BOARD OF EDUCATION OF THE SCHOOL DISTRICT THAT PROPOSES JOINING 2,512
THE JOINT VOCATIONAL SCHOOL DISTRICT THAT THE PETITION HAS BEEN 2,513
FILED.
THE EFFECT OF THE RESOLUTION SHALL BE STAYED UNTIL THE 2,515
BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND SUFFICIENCY OF THE 2,516
SIGNATURES ON THE PETITION. IF THE BOARD OF ELECTIONS DETERMINES 2,518
THAT THE PETITION DOES NOT CONTAIN A SUFFICIENT NUMBER OF VALID 2,519
SIGNATURES AND SIXTY DAYS HAVE PASSED SINCE THE ADOPTION OF THE 2,520
RESOLUTION, THE RESOLUTION SHALL BECOME EFFECTIVE. 2,521
IF THE BOARD OF ELECTIONS CERTIFIES THAT THE PETITION 2,523
CONTAINS A SUFFICIENT NUMBER OF VALID SIGNATURES, THE BOARD SHALL 2,525
SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE SCHOOL 2,526
DISTRICT ON THE DAY OF THE NEXT GENERAL OR PRIMARY ELECTION HELD 2,529
AT LEAST SEVENTY-FIVE DAYS AFTER BUT NO LATER THAN SIX MONTHS 2,530
AFTER THE BOARD OF ELECTIONS CERTIFIES THE VALIDITY AND 2,531
SUFFICIENCY OF SIGNATURES ON THE PETITION. IF THERE IS NO 2,532
GENERAL OR PRIMARY ELECTION HELD AT LEAST SEVENTY-FIVE DAYS AFTER 2,533
BUT NO LATER THAN SIX MONTHS AFTER THE BOARD OF ELECTIONS 2,534
CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 2,535
PETITION, THE BOARD SHALL SUBMIT THE QUESTION TO THE ELECTORS AT 2,536
A SPECIAL ELECTION TO BE HELD ON THE NEXT DAY SPECIFIED FOR 2,537
SPECIAL ELECTIONS IN DIVISION (D) OF SECTION 3501.01 OF THE 2,538
REVISED CODE THAT OCCURS AT LEAST SEVENTY-FIVE DAYS AFTER THE
BOARD CERTIFIES THE VALIDITY AND SUFFICIENCY OF SIGNATURES ON THE 2,539
PETITION. THE ELECTION SHALL BE CONDUCTED AND CANVASSED AND THE 2,540
RESULTS SHALL BE CERTIFIED IN THE SAME MANNER AS IN REGULAR 2,541
ELECTIONS FOR THE ELECTION OF MEMBERS OF A BOARD OF EDUCATION. 2,542
IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION 2,544
DISAPPROVE THE RESOLUTION, THE RESOLUTION SHALL NOT BECOME 2,546
EFFECTIVE.
(C) If such THE resolution becomes legally effective, the 2,549
board of education of the joint vocational school district shall 2,550
notify the county auditor of the county in which the school 2,551
district becoming a part of the joint vocational school district 2,552
58
is located, who shall thereupon have any outstanding levy for 2,553
building purposes, bond retirement, or current expenses in force 2,554
in the joint vocational school district spread over the territory 2,555
of the school district becoming a part of the joint vocational 2,556
school district. On the addition of a city or exempted village 2,558
school district or an educational service center to the joint
vocational school district, pursuant to this section, the board 2,560
of education of such joint vocational school district shall 2,561
submit to the state board of education a proposal to enlarge the 2,562
membership of such board by the addition of one or more persons 2,563
at least one of whom shall be a member of the board of education 2,564
or governing board of such additional school district or 2,565
educational service center, and the term of each such additional 2,566
member. On the addition of a local school district to the joint 2,568
vocational school district, pursuant to this section, the board 2,569
of education of such joint vocational school district may submit 2,570
to the state board of education a proposal to enlarge the 2,571
membership of such board by the addition of one or more persons 2,572
who are members of the educational service center governing board 2,573
of such additional local school district. On approval by the 2,575
state board of education additional members shall be added to 2,576
such joint vocational school district board of education. 2,577
Sec. 3311.24. (A) Except as provided in division (B) of 2,586
this section, if the board of education of a city school district 2,587
or of an, exempted village, OR LOCAL school district deems it 2,589
advisable to transfer territory from such district to an 2,590
adjoining city or, exempted village, OR LOCAL school district or 2,591
to an educational service center, or if a petition, signed by 2,593
seventy-five per cent of the qualified electors residing within 2,594
that portion of a city or, exempted village, OR LOCAL school 2,595
district proposed to be transferred voting at the last general 2,597
election, requests such a transfer, the board of education of the 2,598
district in which such proposal originates shall file such 2,599
proposal, together with a map showing the boundaries of the 2,600
59
territory proposed to be transferred, with the state board of 2,601
education prior to the first day of April in any even-numbered 2,602
year. The state board of education may, if it is advisable, 2,603
provide for a hearing in any suitable place in any of the school 2,604
districts affected by such proposed transfer of territory. The 2,605
state board of education or its representatives shall preside at 2,606
any such hearing.
Not later than the first day of September the state board 2,608
of education shall either approve or disapprove a proposed 2,609
transfer of territory filed with it as provided by this section 2,610
and shall notify, in writing, the boards of education of the 2,611
districts affected by such proposed transfer of territory of its 2,612
decision. 2,613
If the decision of the state board of education is an 2,615
approval of the proposed transfer of territory then the board of 2,616
education of the district in which the territory is located 2,617
shall, within thirty days after receiving the state board of 2,618
education's decision, adopt a resolution transferring the 2,619
territory and shall forthwith submit a copy of such resolution to 2,620
the treasurer of the board of education of the city or, exempted 2,621
village, OR LOCAL school district or educational service center 2,623
to which the territory is transferred. Such transfer shall not 2,625
be complete however, until:
(1) A resolution accepting the transfer has been passed by 2,627
a majority vote of the full membership of the board of education 2,628
of the city or, exempted village, OR LOCAL school district or 2,630
educational service center governing board to which the territory 2,631
is transferred;
(2) An equitable division of the funds and indebtedness 2,633
between the districts and educational service centers involved 2,634
has been made by the board of education making the transfer; 2,637
(3) A map showing the boundaries of the territory 2,639
transferred has been filed, by the board of education or 2,640
educational service center accepting the transfer, with the 2,642
60
county auditor of each county affected by the transfer. 2,643
When such transfer is complete the legal title of the 2,645
school property in the territory transferred shall be vested in 2,646
the board of education or governing board of the school district 2,647
or educational service center to which the territory is 2,649
transferred.
(B) Whenever the transfer of territory pursuant to this 2,651
section is initiated by a board of education, the board shall, 2,652
before filing a proposal for transfer with the state board of 2,653
education under this section, make a good faith effort to 2,654
negotiate the terms of transfer with any other school district or 2,655
educational service center whose territory would be affected by 2,658
the transfer. Before the state board may hold a hearing on the 2,659
transfer, or approve or disapprove any such transfer, it must 2,660
receive the following:
(1) A resolution requesting approval of the transfer, 2,662
passed by the school district submitting the proposal; 2,663
(2) Evidence determined to be sufficient by the state 2,665
board to show that good faith negotiations have taken place or 2,666
that the district requesting the transfer has made a good faith 2,667
effort to hold such negotiations; 2,668
(3) If any negotiations took place, a statement signed by 2,670
all boards and governing boards that participated in the 2,671
negotiations, listing the terms agreed on and the points on which 2,674
no agreement could be reached. 2,675
Negotiations held pursuant to this section shall be 2,677
governed by the rules adopted by the state board under division 2,678
(D) of section 3311.06 of the Revised Code. Districts and 2,679
educational service centers involved in a transfer under division 2,681
(B) of this section may agree to share revenues from the property 2,682
included in the territory to be transferred, establish 2,683
cooperative programs between the participating districts, and 2,684
establish mechanisms for the settlement of any future boundary 2,685
disputes.
61
Sec. 3313.376. As used in this section, "client district" 2,694
means a city or exempted village school district that has entered 2,696
into an agreement with an educational service center pursuant to 2,697
section 3313.843 of the Revised Code.
For the purpose of obtaining quantity discounts in 2,699
purchasing textbooks; computer equipment, including computer 2,700
software; and school buses; AND NATURAL GAS, ELECTRICITY, AND 2,701
OTHER UTILITY SERVICES, the governing boards of two or more 2,702
education EDUCATIONAL service centers may enter into an agreement 2,704
AGREEMENTS, INCLUDING INSTALLMENT PURCHASE AND LEASE-PURCHASE 2,705
CONTRACTS, to jointly purchase such commodities to be utilized by 2,707
local school districts, or by client districts, being served by 2,708
the education EDUCATIONAL service centers. 2,709
Sec. 3313.603. (A) As used in this section: 2,718
(1) "One unit" means a minimum of one hundred twenty hours 2,721
of course instruction, except that for a laboratory course, "one 2,723
unit" means a minimum of one hundred fifty hours of course 2,724
instruction.
(2) "One-half unit" means a minimum of sixty hours of 2,727
course instruction, except that for physical education courses, 2,728
"one-half unit" means a minimum of one hundred twenty hours of 2,729
course instruction.
(B) Beginning September 15, 2001, the requirements for 2,731
graduation from every high school shall include twenty-one units 2,733
earned in grades nine through twelve and shall be distributed as 2,734
follows:
(1) English language arts, four units; 2,736
(2) Health, one-half unit; 2,738
(3) Mathematics, three units; 2,740
(4) Physical education, one-half unit; 2,742
(5) Science, two units until September 15, 2003, and three 2,744
units thereafter, which at all times shall include both of the 2,745
following: 2,746
(a) Biological sciences, one unit; 2,749
62
(b) Physical sciences, one unit. 2,752
(6) Social studies, three units, which shall include both 2,754
of the following: 2,755
(a) American history, one-half unit; 2,758
(b) American government, one-half unit. 2,761
(7) Elective units, eight units until September 15, 2003, 2,763
and seven units thereafter. 2,764
Each student's electives shall include at least one unit, 2,766
or two half units, chosen from among the areas of 2,767
business/technology, fine arts, and/or foreign language. 2,768
(C) Every high school may permit students below the ninth 2,771
grade to take advanced work for credit. A high school shall 2,772
count such advanced work toward the graduation requirements of 2,773
division (B) of this section if the advanced work was both: 2,774
(1) Taught by a person who possesses a license or 2,776
certificate issued under section 3301.071, 3319.22, or 3319.222 2,777
of the Revised Code that is valid for teaching high school; 2,779
(2) Designated by the board of education of the city, 2,781
local, or exempted village school district or, the board of the 2,782
cooperative education school district, OR THE GOVERNING AUTHORITY 2,784
OF THE CHARTERED NONPUBLIC SCHOOL as meeting the high school 2,785
curriculum requirements.
(D) Units earned in English language arts, mathematics, 2,788
science, and social studies that are delivered through integrated 2,789
academic and technical instruction are eligible to meet the 2,790
graduation requirements of division (B) of this section. 2,791
Sec. 3313.608. (A) Beginning with students who enter 2,800
fourth grade in the school year that starts July 1, 2001, no 2,803
city, exempted village, or local school district shall promote to 2,804
fifth grade any student who fails to attain the score designated 2,805
under division (A)(1) of section 3301.0710 of the Revised Code on 2,808
the test prescribed under that division to measure skill in 2,809
reading, unless either of the following applies: 2,810
(1) The pupil was excused from taking the test under 2,812
63
division (C)(1) of section 3301.0711 of the Revised Code; 2,814
(2) The pupil's principal and reading teacher agree that 2,816
the pupil is academically prepared, as determined pursuant to the 2,818
district policy adopted under section 3313.609 of the Revised 2,819
Code, to be promoted to fifth grade.
(B)(1) To assist students in meeting this fourth grade 2,821
guarantee established by this section, each city, exempted 2,822
village, and local school district shall adopt policies and 2,823
procedures with which it shall, beginning in the school year that 2,824
starts July 1, 1998, annually assess the reading skills of each 2,826
student at the end of first, second, and third grade and identify 2,827
students who are reading below their grade level. The policy and 2,828
procedures shall require the students' classroom teachers to be 2,829
involved in the assessment and the identification of students 2,830
reading below grade level. The district shall notify the parent 2,831
or guardian of each student whose reading skills are below grade 2,832
level and, in accordance with division (C) of this section, 2,834
provide intervention services to each student reading below grade 2,835
level.
(2) For each student identified as reading below grade 2,837
level at the end of third grade, the district shall offer intense 2,839
remediation services during the summer following third grade. 2,840
(3) For each student entering fourth grade after July 1, 2,842
2001, who does not attain by the end of the fourth grade the 2,843
score designated under division (A)(1) of section 3301.0710 of 2,845
the Revised Code on the test prescribed under that division to 2,848
measure skill in reading, the district also shall offer intense 2,849
remediation services, and another opportunity to take that test, 2,850
during the summer following fourth grade. 2,851
(C) For each student required to be offered remediation 2,854
services under this section, the district shall involve the 2,855
student's parent or guardian and classroom teacher in developing 2,856
the intervention strategy, and shall offer to the parent or 2,857
guardian the opportunity to be involved in the intervention 2,858
64
services.
(D) Beginning in the summer of 1999, in addition to the 2,860
remediation requirements of divisions (B) and (C) of this 2,861
section, every city, exempted village, or local school district 2,862
shall offer summer remediation to any student who has failed to 2,863
attain the designated scores on three or more of the five tests 2,864
described by division (A)(1) or (2) of section 3301.0710 of the 2,865
Revised Code.
(E) ANY SUMMER REMEDIATION SERVICES FUNDED IN WHOLE OR IN 2,868
PART BY THE STATE AND OFFERED BY SCHOOL DISTRICTS TO STUDENTS
UNDER THIS SECTION SHALL MEET THE FOLLOWING CONDITIONS: 2,869
(1) THE REMEDIATION METHODS ARE BASED ON RELIABLE 2,871
EDUCATIONAL RESEARCH. 2,872
(2) THE SCHOOL DISTRICTS CONDUCT TESTING BEFORE AND AFTER 2,874
STUDENTS PARTICIPATE IN THE PROGRAM TO FACILITATE MONITORING 2,875
RESULTS OF THE REMEDIATION SERVICES. 2,876
(3) THE PARENTS OF PARTICIPATING STUDENTS ARE INVOLVED IN 2,878
PROGRAMMING DECISIONS. 2,879
(4) THE SERVICES ARE CONDUCTED IN A SCHOOL BUILDING OR 2,881
COMMUNITY CENTER AND NOT ON AN AT-HOME BASIS. 2,882
Sec. 3313.61. (A) A diploma shall be granted by the board 2,891
of education of any city, exempted village, or local school 2,892
district that operates a high school to any person to whom all of 2,893
the following apply: 2,894
(1) The person has successfully completed the curriculum 2,896
in any high school or the individualized education program 2,897
developed for the person by any high school pursuant to section 2,898
3323.08 of the Revised Code; 2,899
(2) The person has attained at least the applicable scores 2,901
designated under division (B) of section 3301.0710 of the Revised 2,902
Code on all the tests required by that division unless the person 2,903
was excused from taking any such test pursuant to division (C)(1) 2,904
of section 3301.0711 or section 3313.532 of the Revised Code or 2,905
unless division (H) of this section applies to the person; 2,906
65
(3) The person is not eligible to receive an honors 2,908
diploma granted pursuant to division (B) of this section. 2,909
Except as provided in divisions (C), (E), and (J) of this 2,912
section, no diploma shall be granted under this division to 2,913
anyone except as provided under this division. 2,914
(B) In lieu of a diploma granted under division (A) of 2,916
this section, an honors diploma shall be granted, in accordance 2,917
with rules of the state board of education, by any such district 2,918
board to anyone who successfully completes the curriculum in any 2,919
high school or the individualized education program developed for 2,920
the person by any high school pursuant to section 3323.08 of the 2,921
Revised Code, who has attained at least the applicable scores 2,922
designated under division (B) of section 3301.0710 of the Revised 2,923
Code on all the tests required by that division, and who has met 2,924
additional criteria established by the state board for the 2,925
granting of such a diploma. Except as provided in divisions (C), 2,927
(E), and (J) of this section, no honors diploma shall be granted 2,928
to anyone failing to comply with this division and no more than 2,929
one honors diploma shall be granted to any student under this 2,930
division. 2,931
The state board shall adopt rules prescribing the granting 2,933
of honors diplomas under this division. These rules may 2,934
prescribe the granting of honors diplomas that recognize a 2,935
student's achievement as a whole or that recognize a student's 2,936
achievement in one or more specific subjects or both. In any 2,937
case, the rules shall designate two or more criteria for the 2,938
granting of each type of honors diploma the board establishes 2,939
under this division and the number of such criteria that must be 2,940
met for the granting of that type of diploma. The number of such 2,941
criteria for any type of honors diploma shall be at least one 2,942
less than the total number of criteria designated for that type 2,943
and no one or more particular criteria shall be required of all 2,944
persons who are to be granted that type of diploma. 2,945
(C) Any such district board administering any of the tests 2,947
66
required by section 3301.0710 of the Revised Code to any person 2,948
requesting to take such test pursuant to division (B)(5)(b) of 2,950
section 3301.0711 of the Revised Code shall award a diploma to 2,951
such person if the person attains at least the applicable scores 2,953
designated under division (B) of section 3301.0710 of the Revised 2,954
Code on all the tests administered and if the person has 2,955
previously attained the applicable scores on all the other tests 2,957
required by division (B) of that section or has been exempted or 2,958
excused from any such test pursuant to division (H) of this 2,959
section or division (C)(1) of section 3301.0711 or section 2,960
3313.532 of the Revised Code. 2,961
(D) Each diploma awarded under this section shall be 2,963
signed by the president and treasurer of the issuing board, the 2,964
superintendent of schools, and the principal of the high school. 2,965
Each diploma shall bear the date of its issue, be in such form as 2,966
the district board prescribes, and be paid for out of the 2,967
district's general fund. 2,968
(E) A person who is a resident of Ohio and is eligible 2,970
under state board of education minimum standards to receive a 2,971
high school diploma based in whole or in part on credits earned 2,972
while an inmate of a correctional institution operated by the 2,973
state or any political subdivision thereof, shall be granted such 2,974
diploma by the correctional institution operating the programs in 2,975
which such credits were earned, and by the board of education of 2,976
the school district in which the inmate resided immediately prior 2,977
to the inmate's placement in the institution. The diploma 2,978
granted by the correctional institution shall be signed by the 2,980
director of the institution, and by the person serving as 2,981
principal of the institution's high school and shall bear the 2,982
date of issue.
(F) Persons who are not residents of Ohio but who are 2,984
inmates of correctional institutions operated by the state or any 2,985
political subdivision thereof, and who are eligible under state 2,986
board of education minimum standards to receive a high school 2,987
67
diploma based in whole or in part on credits earned while an 2,988
inmate of the correctional institution, shall be granted a 2,989
diploma by the correctional institution offering the program in 2,990
which the credits were earned. The diploma granted by the 2,991
correctional institution shall be signed by the director of the 2,992
institution and by the person serving as principal of the 2,993
institution's high school and shall bear the date of issue. 2,994
(G) The state board of education shall provide by rule for 2,996
the administration of the tests required by section 3301.0710 of 2,997
the Revised Code to inmates of correctional institutions. 2,998
(H) Any person to whom all of the following apply shall be 3,000
exempted from attaining the applicable score on the test in 3,001
citizenship designated under division (B) of section 3301.0710 of 3,002
the Revised Code: 3,003
(1) The person is not a citizen of the United States; 3,005
(2) The person is not a permanent resident of the United 3,007
States; 3,008
(3) The person indicates no intention to reside in the 3,011
United States after the completion of high school.
(I) Notwithstanding division (D) of section 3311.19 and 3,013
division (D) of section 3311.52 of the Revised Code, this section 3,014
and section 3311.611 of the Revised Code do not apply to the 3,015
board of education of any joint vocational school district or any 3,016
cooperative education school district established pursuant to 3,017
divisions (A) to (C) of section 3311.52 of the Revised Code. 3,018
(J) Upon receipt of a notice under division (D) of section 3,021
3325.08 of the Revised Code that a student has received a diploma 3,022
under that section, the board of education receiving the notice 3,023
may grant a high school diploma under this section to the 3,024
student, except that such board shall grant the student a diploma 3,025
if the student meets the graduation requirements that the student
would otherwise have had to meet to receive a diploma from the 3,026
district. The diploma granted under this section shall be of the 3,028
same type the notice indicates the student received under section
68
3325.08 of the Revised Code. 3,029
(K) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 3,031
HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711 3,033
OF THE REVISED CODE. 3,034
NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS 3,036
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED 3,039
CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE
APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION 3,041
3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS 3,042
REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS 3,043
SECTION.
Sec. 3313.611. (A) The state board of education shall 3,052
adopt, by rule, standards for awarding high school credit 3,053
equivalent to credit for completion of high school academic and 3,054
vocational education courses to applicants for diplomas under 3,055
this section. The standards may permit high school credit to be 3,056
granted to an applicant for any of the following: 3,057
(1) Work experiences or experiences as a volunteer; 3,059
(2) Completion of academic, vocational, or 3,061
self-improvement courses offered to persons over the age of 3,062
twenty-one by a chartered public or nonpublic school; 3,063
(3) Completion of academic, vocational, or 3,065
self-improvement courses offered by an organization, individual, 3,066
or educational institution other than a chartered public or 3,067
nonpublic school; 3,068
(4) Other life experiences considered by the board to 3,070
provide knowledge and learning experiences comparable to that 3,071
gained in a classroom setting. 3,072
(B) The board of education of any city, exempted village, 3,074
or local school district that operates a high school shall grant 3,075
a diploma of adult education to any applicant if all of the 3,076
following apply: 3,077
(1) The applicant is a resident of the district; 3,079
(2) The applicant is over the age of twenty-one and has 3,081
69
not been issued a diploma as provided in section 3313.61 of the 3,082
Revised Code; 3,083
(3) The applicant has attained the applicable scores 3,085
designated under division (B) of section 3301.0710 of the Revised 3,086
Code on all of the tests required by that division or was excused 3,087
or exempted from any such test pursuant to division (C)(1) of 3,088
section 3301.0711, section 3313.532, or division (H) of section 3,089
3313.61 of the Revised Code; 3,090
(4) The district board determines, in accordance with the 3,092
standards adopted under division (A) of this section, that the 3,093
applicant has attained sufficient high school credits, including 3,094
equivalent credits awarded under such standards, to qualify as 3,095
having successfully completed the curriculum required by the 3,096
district for graduation. 3,097
(C) If a district board determines that an applicant is 3,099
not eligible for a diploma under division (B) of this section, it 3,100
shall inform the applicant of the reason he THE APPLICANT is 3,101
ineligible and shall provide a list of any courses required for 3,102
the diploma for which the applicant has not received credit. An 3,104
applicant may reapply for a diploma under this section at any 3,105
time.
(D) If a district board awards an adult education diploma 3,107
under this section, the president and treasurer of the board and 3,108
the superintendent of schools shall sign it. Each diploma shall 3,109
bear the date of its issuance, be in such form as the district 3,110
board prescribes, and be paid for from the district's general 3,111
fund, except that the state board may by rule prescribe standard 3,112
language to be included on each diploma. 3,113
(E) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 3,115
HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711 3,117
OF THE REVISED CODE. 3,118
NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS 3,120
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED 3,123
CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE
70
APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION 3,125
3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS 3,126
REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS 3,127
SECTION.
Sec. 3313.612. On and after September 15, 1998, no 3,136
nonpublic school chartered by the state board of education, shall 3,137
grant any high school diploma to any person unless the person has 3,138
attained at least the applicable scores designated under division 3,139
(B) of section 3301.0710 of the Revised Code on all the tests 3,140
required by that division except as follows: 3,141
(A) This prohibition does not apply to any person with 3,143
regard to any test from which the person was excused pursuant to 3,144
division (C)(1) of section 3301.0711 of the Revised Code; 3,145
(B) This prohibition does not apply to any person with 3,147
regard to the citizenship test if all of the following apply: 3,148
(1) The person is not a citizen of the United States; 3,150
(2) The person is not a permanent resident of the United 3,152
States; 3,153
(3) The person indicates he does not intend NO INTENTION 3,155
to reside in the United States after completion of high school. 3,156
(C) AS USED IN THIS DIVISION, "ENGLISH-LIMITED STUDENT" 3,158
HAS THE SAME MEANING AS IN DIVISION (C)(3) OF SECTION 3301.0711 3,160
OF THE REVISED CODE. 3,161
NOTWITHSTANDING THE EXEMPTION FOR ENGLISH-LIMITED STUDENTS 3,163
PROVIDED IN DIVISION (C)(3) OF SECTION 3301.0711 OF THE REVISED 3,166
CODE, NO ENGLISH-LIMITED STUDENT WHO HAS NOT ATTAINED THE
APPLICABLE SCORES DESIGNATED UNDER DIVISION (B) OF SECTION 3,168
3301.0710 OF THE REVISED CODE ON ALL FIVE PROFICIENCY TESTS 3,169
REQUIRED BY THAT DIVISION SHALL BE AWARDED A DIPLOMA UNDER THIS 3,170
SECTION.
Sec. 3313.613. (A) Except as provided in division (B) of 3,180
this section, and notwithstanding any other section of the 3,181
Revised Code, the board of education of any city, exempted 3,182
village, or local school district that operates a high school 3,183
71
shall award high school credit for a course successfully 3,184
completed outside of regular school hours by a student at an 3,185
accredited post-secondary institution. Such course may either be 3,186
free of charge or paid for by the parent, guardian, or custodian 3,187
of the student. High school credit awarded for a course
successfully completed under this section shall count toward the 3,188
graduation requirements and subject area requirements of the 3,189
school district. If a course comparable to the course 3,190
successfully completed under this section is offered by the 3,191
school district, the district board shall award comparable credit 3,192
for the completed equivalent course. If no comparable course is
offered by the school district, the district board shall grant to 3,193
the student an appropriate number of credits in a similar subject 3,194
area.
(B) The board of education of a city, local, or exempted 3,196
village school district OR THE GOVERNING AUTHORITY OF A COMMUNITY 3,197
SCHOOL, WHEN APPLICABLE, may adopt a policy under which it may 3,198
deny high school credit under this section and Chapter 3365. of 3,200
the Revised Code for post-secondary courses any portion of which 3,202
were taken during the period of an expulsion imposed by the 3,203
district's superintendent OR THE SCHOOL'S GOVERNING AUTHORITY 3,204
under division (B) of section 3313.66 of the Revised Code or 3,205
extended under division (F) of that section. 3,206
Sec. 3313.974. AS USED IN THIS SECTION AND IN SECTIONS 3,209
3313.975 TO 3313.979 OF THE REVISED CODE: 3,210
(A) "INDIVIDUALIZED EDUCATION PROGRAM" AND "HANDICAPPED 3,213
CHILD" HAVE THE SAME MEANINGS AS IN SECTION 3323.01 OF THE 3,214
REVISED CODE. 3,215
(B) "MAINSTREAMED HANDICAPPED STUDENT" MEANS A HANDICAPPED 3,218
CHILD WHO HAS AN INDIVIDUALIZED EDUCATION PROGRAM PROVIDING FOR 3,219
THE STUDENT TO SPEND MORE THAN HALF OF EACH SCHOOL DAY IN A 3,220
REGULAR SCHOOL SETTING WITH NONHANDICAPPED STUDENTS. 3,221
(C) "SEPARATELY EDUCATED HANDICAPPED STUDENT" MEANS A 3,224
HANDICAPPED CHILD WHO HAS AN INDIVIDUALIZED EDUCATION PROGRAM 3,225
72
PROVIDING FOR THE STUDENT TO SPEND AT LEAST HALF OF EACH SCHOOL 3,226
DAY IN A CLASS OR SETTING SEPARATED FROM NONHANDICAPPED STUDENTS. 3,227
(D) "LOW-INCOME FAMILY" MEANS A FAMILY WHOSE INCOME IS 3,229
BELOW THE LEVEL WHICH THE SUPERINTENDENT OF PUBLIC INSTRUCTION 3,230
SHALL ESTABLISH. 3,231
(E) "PARENT" HAS THE SAME MEANING AS IN SECTION 3313.98 OF 3,234
THE REVISED CODE.
(F) "REGISTERED PRIVATE SCHOOL" MEANS A SCHOOL REGISTERED 3,237
WITH THE SUPERINTENDENT OF PUBLIC INSTRUCTION PURSUANT TO SECTION 3,238
3313.976 OF THE REVISED CODE.
(G) "ALTERNATIVE SCHOOL" MEANS A REGISTERED PRIVATE SCHOOL 3,241
LOCATED IN A SCHOOL DISTRICT OR A PUBLIC SCHOOL LOCATED IN AN 3,242
ADJACENT SCHOOL DISTRICT.
(H) "TUTORIAL ASSISTANCE" MEANS INSTRUCTIONAL SERVICES 3,245
PROVIDED TO A STUDENT OUTSIDE OF REGULAR SCHOOL HOURS APPROVED BY 3,246
THE COMMISSION ON SCHOOL CHOICE PURSUANT TO SECTION 3313.976 OF 3,248
THE REVISED CODE.
Sec. 3313.975. AS USED IN THIS SECTION AND IN SECTIONS 3,250
3313.975 TO 3313.979 OF THE REVISED CODE, "THE PILOT PROJECT 3,251
SCHOOL DISTRICT" OR "THE DISTRICT" MEANS ANY SCHOOL DISTRICT 3,254
INCLUDED IN THE PILOT PROJECT SCHOLARSHIP PROGRAM PURSUANT TO 3,255
THIS SECTION.
(A) THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL 3,258
ESTABLISH A PILOT PROJECT SCHOLARSHIP PROGRAM AND SHALL INCLUDE 3,259
IN SUCH PROGRAM ANY SCHOOL DISTRICTS THAT ARE OR HAVE EVER BEEN 3,260
UNDER FEDERAL COURT ORDER REQUIRING SUPERVISION AND OPERATIONAL 3,262
MANAGEMENT OF THE DISTRICT BY THE STATE SUPERINTENDENT. THE
PROGRAM SHALL PROVIDE FOR A NUMBER OF STUDENTS RESIDING IN ANY 3,264
SUCH DISTRICT TO RECEIVE SCHOLARSHIPS TO ATTEND ALTERNATIVE 3,265
SCHOOLS, AND FOR AN EQUAL NUMBER OF STUDENTS TO RECEIVE TUTORIAL 3,266
ASSISTANCE GRANTS WHILE ATTENDING PUBLIC SCHOOL IN ANY SUCH 3,267
DISTRICT.
(B) THE STATE SUPERINTENDENT SHALL ESTABLISH AN 3,269
APPLICATION PROCESS AND DEADLINE FOR ACCEPTING APPLICATIONS FROM 3,270
73
STUDENTS RESIDING IN THE DISTRICT TO PARTICIPATE IN THE 3,271
SCHOLARSHIP PROGRAM. IN THE INITIAL YEAR OF THE PROGRAM STUDENTS 3,272
MAY USE A SCHOLARSHIP TO ATTEND SCHOOL IN GRADES KINDERGARTEN 3,273
THROUGH FIVE.
THE STATE SUPERINTENDENT SHALL AWARD AS MANY SCHOLARSHIPS 3,275
AND TUTORIAL ASSISTANCE GRANTS AS CAN BE FUNDED GIVEN THE AMOUNT 3,276
APPROPRIATED FOR THE PROGRAM. IN NO CASE, HOWEVER, SHALL MORE 3,277
THAN FIFTY PER CENT OF ALL SCHOLARSHIPS AWARDED BE USED BY 3,278
STUDENTS WHO WERE ENROLLED IN A NONPUBLIC SCHOOL DURING THE 3,279
SCHOOL YEAR OF APPLICATION FOR A SCHOLARSHIP. 3,280
(C)(1) THE PILOT PROJECT PROGRAM SHALL CONTINUE IN EFFECT 3,284
EACH YEAR THAT THE GENERAL ASSEMBLY HAS APPROPRIATED SUFFICIENT 3,285
MONEY TO FUND SCHOLARSHIPS AND TUTORIAL ASSISTANCE GRANTS. IN 3,286
EACH YEAR THE PROGRAM CONTINUES, NEW STUDENTS MAY RECEIVE 3,287
SCHOLARSHIPS ONLY IF THEY ARE ENROLLED IN GRADE KINDERGARTEN, 3,288
ONE, TWO, THREE, FOUR, OR FIVE. IN ADDITION, ANY STUDENT WHO HAS 3,289
RECEIVED A SCHOLARSHIP THE PRECEDING YEAR MAY CONTINUE TO RECEIVE 3,290
ONE UNTIL THE STUDENT HAS COMPLETED GRADE FIVE. 3,291
(2) IF THE GENERAL ASSEMBLY DISCONTINUES THE SCHOLARSHIP 3,293
PROGRAM, ALL STUDENTS WHO ARE ATTENDING AN ALTERNATIVE SCHOOL 3,294
UNDER THE PILOT PROJECT SHALL BE ENTITLED TO CONTINUED ADMITTANCE 3,296
TO THAT SPECIFIC SCHOOL THROUGH ALL GRADES UP TO THE FIFTH GRADE 3,297
THAT ARE PROVIDED IN SUCH SCHOOL, UNDER THE SAME CONDITIONS AS 3,299
WHEN THEY WERE PARTICIPATING IN THE PILOT PROJECT. THE STATE 3,300
SUPERINTENDENT SHALL CONTINUE TO MAKE SCHOLARSHIP PAYMENTS IN
ACCORDANCE WITH DIVISION (A) OR (B) OF SECTION 3313.979 OF THE 3,303
REVISED CODE FOR STUDENTS WHO REMAIN ENROLLED IN AN ALTERNATIVE 3,304
SCHOOL UNDER THIS PROVISION IN ANY YEAR THAT FUNDS HAVE BEEN 3,305
APPROPRIATED FOR THIS PURPOSE.
IF FUNDS ARE NOT APPROPRIATED, THE TUITION CHARGED TO THE 3,307
PARENTS OF A STUDENT WHO REMAINS ENROLLED IN AN ALTERNATIVE 3,309
SCHOOL UNDER THIS PROVISION SHALL NOT BE INCREASED BEYOND THE 3,310
AMOUNT EQUAL TO THE AMOUNT OF THE SCHOLARSHIP PLUS ANY ADDITIONAL 3,311
AMOUNT CHARGED THAT STUDENT'S PARENT IN THE MOST RECENT YEAR OF 3,312
74
ATTENDANCE AS A PARTICIPANT IN THE PILOT PROJECT, EXCEPT THAT 3,313
TUITION FOR ALL THE STUDENTS ENROLLED IN SUCH SCHOOL MAY BE 3,314
INCREASED BY THE SAME PERCENTAGE. 3,315
(D) NOTWITHSTANDING SECTIONS 124.39, 3307.35, AND 3319.17 3,318
OF THE REVISED CODE, IF THE PILOT PROJECT SCHOOL DISTRICT 3,319
EXPERIENCES A DECREASE IN ENROLLMENT DUE TO PARTICIPATION IN A 3,320
STATE-SPONSORED SCHOLARSHIP PROGRAM PURSUANT TO SECTIONS 3313.974 3,321
TO 3313.979 OF THE REVISED CODE, THE DISTRICT BOARD OF EDUCATION 3,322
MAY ENTER INTO AN AGREEMENT WITH ANY TEACHER IT EMPLOYS TO 3,323
PROVIDE TO THAT TEACHER SEVERANCE PAY OR EARLY RETIREMENT 3,324
INCENTIVES, OR BOTH, IF THE TEACHER AGREES TO TERMINATE THE 3,325
EMPLOYMENT CONTRACT WITH THE DISTRICT BOARD, PROVIDED ANY 3,326
COLLECTIVE BARGAINING AGREEMENT IN FORCE PURSUANT TO CHAPTER 3,327
4117. OF THE REVISED CODE DOES NOT PROHIBIT SUCH AN AGREEMENT FOR 3,329
TERMINATION OF A TEACHER'S EMPLOYMENT CONTRACT.
Sec. 3313.976. (A) NO PRIVATE SCHOOL MAY RECEIVE 3,332
SCHOLARSHIP PAYMENTS FROM PARENTS PURSUANT TO SECTION 3313.979 OF 3,333
THE REVISED CODE UNTIL THE CHIEF ADMINISTRATOR OF THE PRIVATE 3,334
SCHOOL REGISTERS THE SCHOOL WITH THE SUPERINTENDENT OF PUBLIC 3,335
INSTRUCTION. THE STATE SUPERINTENDENT SHALL REGISTER ANY SCHOOL 3,336
THAT MEETS THE FOLLOWING REQUIREMENTS:
(1) THE SCHOOL IS LOCATED WITHIN THE BOUNDARIES OF THE 3,338
PILOT PROJECT SCHOOL DISTRICT; 3,339
(2) THE SCHOOL INDICATES IN WRITING ITS COMMITMENT TO 3,341
FOLLOW ALL REQUIREMENTS FOR A STATE-SPONSORED SCHOLARSHIP PROGRAM 3,342
SPECIFIED UNDER SECTIONS 3313.974 TO 3313.979 OF THE REVISED 3,346
CODE, INCLUDING, BUT NOT LIMITED TO, THE REQUIREMENTS FOR 3,347
ADMITTING STUDENTS PURSUANT TO SECTION 3313.977 OF THE REVISED 3,349
CODE;
(3) THE SCHOOL MEETS ALL STATE MINIMUM STANDARDS FOR 3,351
CHARTERED NONPUBLIC SCHOOLS IN EFFECT ON JULY 1, 1992, EXCEPT 3,353
THAT THE STATE SUPERINTENDENT AT THE SUPERINTENDENT'S DISCRETION
MAY REGISTER NONCHARTERED NONPUBLIC SCHOOLS MEETING THE OTHER 3,357
REQUIREMENTS OF THIS DIVISION;
75
(4) THE SCHOOL DOES NOT DISCRIMINATE ON THE BASIS OF RACE, 3,360
RELIGION, OR ETHNIC BACKGROUND;
(5) THE SCHOOL ENROLLS A MINIMUM OF TEN STUDENTS PER CLASS 3,363
OR A SUM OF AT LEAST TWENTY-FIVE STUDENTS IN ALL THE CLASSES 3,364
OFFERED;
(6) THE SCHOOL DOES NOT ADVOCATE OR FOSTER UNLAWFUL 3,366
BEHAVIOR OR TEACH HATRED OF ANY PERSON OR GROUP ON THE BASIS OF 3,367
RACE, ETHNICITY, NATIONAL ORIGIN, OR RELIGION; 3,368
(7) THE SCHOOL DOES NOT PROVIDE FALSE OR MISLEADING 3,370
INFORMATION ABOUT THE SCHOOL TO PARENTS, STUDENTS, OR THE GENERAL 3,371
PUBLIC; 3,372
(8) THE SCHOOL AGREES NOT TO CHARGE ANY TUITION TO 3,374
LOW-INCOME FAMILIES PARTICIPATING IN THE SCHOLARSHIP PROGRAM IN 3,375
EXCESS OF TEN PER CENT OF THE SCHOLARSHIP AMOUNT ESTABLISHED 3,377
PURSUANT TO DIVISION (C)(1) OF SECTION 3313.978 OF THE REVISED 3,379
CODE, EXCLUDING ANY INCREASE DESCRIBED IN DIVISION (C)(2) OF THAT 3,380
SECTION. THE SCHOOL SHALL PERMIT ANY SUCH TUITION, AT THE 3,381
DISCRETION OF THE PARENT, TO BE SATISFIED BY THE LOW-INCOME 3,382
FAMILY'S PROVISION OF IN-KIND CONTRIBUTIONS OR SERVICES. 3,383
(B) THE STATE SUPERINTENDENT SHALL REVOKE THE REGISTRATION 3,386
OF ANY SCHOOL IF, AFTER A HEARING, THE SUPERINTENDENT DETERMINES 3,387
THAT THE SCHOOL IS IN VIOLATION OF ANY OF THE PROVISIONS OF 3,388
DIVISION (A) OF THIS SECTION. 3,389
(C) ANY PUBLIC SCHOOL LOCATED IN A SCHOOL DISTRICT 3,391
ADJACENT TO THE PILOT PROJECT DISTRICT MAY RECEIVE SCHOLARSHIP 3,393
PAYMENTS ON BEHALF OF PARENTS PURSUANT TO SECTION 3313.979 OF THE 3,395
REVISED CODE IF THE SUPERINTENDENT OF THE DISTRICT IN WHICH SUCH 3,396
PUBLIC SCHOOL IS LOCATED NOTIFIES THE STATE SUPERINTENDENT PRIOR 3,397
TO THE FIRST DAY OF MARCH THAT THE DISTRICT INTENDS TO ADMIT 3,399
STUDENTS FROM THE PILOT PROJECT DISTRICT FOR THE ENSUING SCHOOL 3,400
YEAR PURSUANT TO SECTION 3327.06 OF THE REVISED CODE. 3,402
(D) ANY PARENT WISHING TO PURCHASE TUTORIAL ASSISTANCE 3,405
FROM ANY PERSON OR GOVERNMENTAL ENTITY PURSUANT TO THE PILOT 3,406
PROJECT PROGRAM UNDER SECTIONS 3313.974 TO 3313.979 OF THE 3,407
76
REVISED CODE SHALL APPLY TO THE STATE SUPERINTENDENT. THE STATE 3,408
SUPERINTENDENT SHALL APPROVE PROVIDERS WHO APPEAR TO POSSESS THE 3,409
CAPABILITY OF FURNISHING THE INSTRUCTIONAL SERVICES THEY ARE 3,410
OFFERING TO PROVIDE.
Sec. 3313.977. (A) EACH REGISTERED PRIVATE SCHOOL SHALL 3,413
ADMIT STUDENTS TO KINDERGARTEN AND FIRST, SECOND, THIRD, FOURTH, 3,414
AND FIFTH GRADES IN ACCORDANCE WITH THE FOLLOWING PRIORITIES:
(1) STUDENTS WHO WERE ENROLLED IN THE SCHOOL DURING THE 3,416
PRECEDING YEAR; 3,417
(2) SIBLINGS OF STUDENTS ENROLLED IN THE SCHOOL DURING THE 3,420
PRECEDING YEAR, AT THE DISCRETION OF THE SCHOOL;
(3) CHILDREN FROM LOW-INCOME FAMILIES ATTENDING SCHOOL OR 3,423
RESIDING IN THE SCHOOL DISTRICT IN WHICH THE SCHOOL IS LOCATED
UNTIL THE NUMBER OF SUCH STUDENTS IN EACH GRADE EQUALS THE NUMBER 3,424
THAT CONSTITUTED TWENTY PER CENT OF THE TOTAL NUMBER OF STUDENTS 3,426
ENROLLED IN THE SCHOOL DURING THE PRECEDING YEAR IN SUCH GRADE. 3,427
ADMISSION OF SUCH TWENTY PER CENT SHALL BE BY LOT FROM AMONG ALL 3,428
LOW-INCOME FAMILY APPLICANTS WHO APPLY PRIOR TO THE FIFTEENTH DAY 3,429
OF FEBRUARY PRIOR TO ADMISSION. 3,430
(4) ALL OTHER APPLICANTS RESIDING ANYWHERE, PROVIDED THAT 3,433
ALL REMAINING AVAILABLE SPACES SHALL BE FILLED FROM AMONG SUCH 3,434
APPLICANTS BY LOT.
CHILDREN FROM LOW-INCOME FAMILIES NOT SELECTED BY LOT UNDER 3,437
DIVISION (A)(3) OF THIS SECTION SHALL BE INCLUDED IN THE LOTTERY 3,439
OF ALL REMAINING APPLICANTS PURSUANT TO DIVISION (A)(4) OF THIS 3,440
SECTION.
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, EXCEPT 3,443
WHERE OTHERWISE PROHIBITED BY FEDERAL LAW, A REGISTERED PRIVATE 3,444
SCHOOL MAY ELECT TO ADMIT STUDENTS OF ONLY ONE GENDER AND MAY 3,445
DENY ADMISSION TO ANY SEPARATELY EDUCATED HANDICAPPED STUDENT. 3,446
(C) IF A SCHOLARSHIP STUDENT WHO HAS BEEN ACCEPTED IN 3,448
ACCORDANCE WITH THIS SECTION FAILS TO ENROLL IN THE SCHOOL FOR 3,449
ANY REASON OR WITHDRAWS FROM THE SCHOOL DURING THE SCHOOL YEAR 3,450
FOR ANY REASON, THE SCHOOL MAY ELECT TO REPLACE SUCH STUDENT WITH 3,451
77
ANOTHER SCHOLARSHIP STUDENT ONLY BY FIRST OFFERING THE ADMISSION 3,453
TO ANY LOW-INCOME SCHOLARSHIP STUDENTS WHO FILED APPLICATIONS BY 3,455
THE PRECEDING FIFTEENTH DAY OF FEBRUARY AND WHO WERE NOT ACCEPTED 3,456
AT THAT TIME DUE TO SPACE LIMITATIONS.
Sec. 3313.978. (A) ANNUALLY BY THE FIRST DAY OF NOVEMBER, 3,459
THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL NOTIFY THE PILOT 3,460
PROJECT SCHOOL DISTRICT OF THE NUMBER OF INITIAL SCHOLARSHIPS 3,461
THAT THE STATE SUPERINTENDENT WILL BE AWARDING IN EACH OF GRADES 3,462
KINDERGARTEN THROUGH FIVE.
THE STATE SUPERINTENDENT SHALL PROVIDE INFORMATION ABOUT 3,464
THE SCHOLARSHIP PROGRAM TO ALL STUDENTS RESIDING IN THE DISTRICT, 3,466
SHALL ACCEPT APPLICATIONS FROM ANY SUCH STUDENTS UNTIL SUCH DATE 3,468
AS SHALL BE ESTABLISHED BY THE STATE SUPERINTENDENT AS A DEADLINE 3,470
FOR APPLICATIONS, AND SHALL ESTABLISH CRITERIA FOR THE SELECTION
OF STUDENTS TO RECEIVE SCHOLARSHIPS FROM AMONG ALL THOSE APPLYING 3,472
PRIOR TO THE DEADLINE, WHICH CRITERIA SHALL GIVE PREFERENCE TO 3,474
STUDENTS FROM LOW-INCOME FAMILIES. FOR EACH STUDENT SELECTED, 3,475
THE STATE SUPERINTENDENT SHALL ALSO DETERMINE WHETHER THE STUDENT 3,476
QUALIFIES FOR SEVENTY-FIVE OR NINETY PER CENT OF THE SCHOLARSHIP 3,477
AMOUNT. STUDENTS WHOSE FAMILY INCOME IS AT OR ABOVE TWO HUNDRED 3,478
PER CENT OF THE MAXIMUM INCOME LEVEL ESTABLISHED BY THE STATE 3,479
SUPERINTENDENT FOR LOW-INCOME FAMILIES SHALL QUALIFY FOR
SEVENTY-FIVE PER CENT OF THE SCHOLARSHIP AMOUNT AND STUDENTS 3,481
WHOSE FAMILY INCOME IS BELOW TWO HUNDRED PER CENT OF THAT MAXIMUM 3,482
INCOME LEVEL SHALL QUALIFY FOR NINETY PER CENT OF THE SCHOLARSHIP 3,483
AMOUNT. THE STATE SUPERINTENDENT SHALL NOTIFY STUDENTS OF THEIR 3,484
SELECTION PRIOR TO THE FIFTEENTH DAY OF JANUARY AND WHETHER THEY 3,485
QUALIFY FOR SEVENTY-FIVE OR NINETY PER CENT OF THE SCHOLARSHIP
AMOUNT. 3,486
(1) A STUDENT RECEIVING A PILOT PROJECT SCHOLARSHIP MAY 3,488
UTILIZE IT AT AN ALTERNATIVE PUBLIC SCHOOL BY NOTIFYING THE 3,490
DISTRICT SUPERINTENDENT, AT ANY TIME BEFORE THE BEGINNING OF THE 3,491
SCHOOL YEAR, OF THE NAME OF THE PUBLIC SCHOOL IN AN ADJACENT 3,493
SCHOOL DISTRICT TO WHICH THE STUDENT HAS BEEN ACCEPTED PURSUANT 3,495
78
TO SECTION 3327.06 OF THE REVISED CODE. 3,496
(2) A STUDENT MAY DECIDE TO UTILIZE A PILOT PROJECT 3,498
SCHOLARSHIP AT A REGISTERED PRIVATE SCHOOL IN THE DISTRICT IF ALL 3,500
OF THE FOLLOWING CONDITIONS ARE MET: 3,501
(a) BY THE FIFTEENTH DAY OF FEBRUARY OF THE PRECEDING 3,504
SCHOOL YEAR, OR AT ANY TIME PRIOR TO THE START OF THE SCHOOL 3,505
YEAR, THE PARENT MAKES AN APPLICATION ON BEHALF OF THE STUDENT TO 3,506
A REGISTERED PRIVATE SCHOOL.
(b) THE REGISTERED PRIVATE SCHOOL NOTIFIES THE PARENT AND 3,509
THE STATE SUPERINTENDENT AS FOLLOWS THAT THE STUDENT HAS BEEN 3,510
ADMITTED:
(i) BY THE FIFTEENTH DAY OF MARCH OF THE PRECEDING SCHOOL 3,513
YEAR IF THE STUDENT FILED AN APPLICATION BY THE FIFTEENTH DAY OF 3,514
FEBRUARY AND WAS ADMITTED BY THE SCHOOL PURSUANT TO DIVISION (A) 3,515
OF SECTION 3313.977 OF THE REVISED CODE; 3,516
(ii) WITHIN ONE WEEK OF THE DECISION TO ADMIT THE STUDENT 3,519
IF THE STUDENT IS ADMITTED PURSUANT TO DIVISION (C) OF SECTION 3,520
3313.977 OF THE REVISED CODE. 3,521
(c) THE STUDENT ACTUALLY ENROLLS IN THE REGISTERED PRIVATE 3,524
SCHOOL TO WHICH THE STUDENT WAS FIRST ADMITTED OR IN ANOTHER 3,525
REGISTERED PRIVATE SCHOOL IN THE DISTRICT OR IN A PUBLIC SCHOOL 3,526
IN AN ADJACENT SCHOOL DISTRICT. 3,527
(B) THE STATE SUPERINTENDENT SHALL ALSO AWARD IN ANY 3,530
SCHOOL YEAR TUTORIAL ASSISTANCE GRANTS TO A NUMBER OF STUDENTS 3,531
EQUAL TO THE NUMBER OF STUDENTS WHO RECEIVE SCHOLARSHIPS UNDER 3,532
DIVISION (A) OF THIS SECTION. TUTORIAL ASSISTANCE GRANTS SHALL 3,534
BE AWARDED SOLELY TO STUDENTS WHO ARE ENROLLED IN THE PUBLIC 3,535
SCHOOLS OF THE DISTRICT IN A GRADE LEVEL COVERED BY THE PILOT 3,537
PROJECT. TUTORIAL ASSISTANCE GRANTS MAY BE USED SOLELY TO OBTAIN 3,538
TUTORIAL ASSISTANCE FROM A PROVIDER APPROVED PURSUANT TO DIVISION 3,539
(D) OF SECTION 3313.976 OF THE REVISED CODE. 3,541
ALL STUDENTS WISHING TO OBTAIN TUTORIAL ASSISTANCE GRANTS 3,543
SHALL MAKE APPLICATION TO THE STATE SUPERINTENDENT BY THE FIRST 3,545
DAY OF THE SCHOOL YEAR IN WHICH THE ASSISTANCE WILL BE USED. THE 3,547
79
STATE SUPERINTENDENT SHALL AWARD ASSISTANCE GRANTS IN ACCORDANCE 3,548
WITH CRITERIA THE SUPERINTENDENT SHALL ESTABLISH. FOR EACH 3,549
STUDENT AWARDED A GRANT, THE STATE SUPERINTENDENT SHALL ALSO 3,550
DETERMINE WHETHER THE STUDENT QUALIFIES FOR SEVENTY-FIVE OR 3,551
NINETY PER CENT OF THE GRANT AMOUNT AND SO NOTIFY THE STUDENT.
STUDENTS WHOSE FAMILY INCOME IS AT OR ABOVE TWO HUNDRED PER CENT 3,552
OF THE MAXIMUM INCOME LEVEL ESTABLISHED BY THE STATE 3,553
SUPERINTENDENT FOR LOW-INCOME FAMILIES SHALL QUALIFY FOR 3,554
SEVENTY-FIVE PER CENT OF THE GRANT AMOUNT AND STUDENTS WHOSE 3,555
FAMILY INCOME IS BELOW TWO HUNDRED PER CENT OF THAT MAXIMUM 3,556
INCOME LEVEL SHALL QUALIFY FOR NINETY PER CENT OF THE GRANT 3,557
AMOUNT.
(C)(1) IN THE CASE OF BASIC SCHOLARSHIPS, THE SCHOLARSHIP 3,560
AMOUNT SHALL NOT EXCEED THE LESSER OF THE TUITION CHARGES OF THE 3,561
ALTERNATIVE SCHOOL THE SCHOLARSHIP RECIPIENT ATTENDS OR AN AMOUNT 3,562
ESTABLISHED BY THE STATE SUPERINTENDENT NOT IN EXCESS OF 3,563
TWENTY-FIVE HUNDRED DOLLARS.
(2) THE STATE SUPERINTENDENT SHALL PROVIDE FOR AN INCREASE 3,565
IN THE BASIC SCHOLARSHIP AMOUNT IN THE CASE OF ANY STUDENT WHO IS 3,566
A MAINSTREAMED HANDICAPPED STUDENT AND SHALL FURTHER INCREASE 3,567
SUCH AMOUNT IN THE CASE OF ANY SEPARATELY EDUCATED HANDICAPPED 3,568
CHILD. SUCH INCREASES SHALL TAKE INTO ACCOUNT THE INSTRUCTION, 3,569
RELATED SERVICES, AND TRANSPORTATION COSTS OF EDUCATING SUCH 3,570
STUDENTS.
(3) IN THE CASE OF TUTORIAL ASSISTANCE GRANTS, THE GRANT 3,573
AMOUNT SHALL NOT EXCEED THE LESSER OF THE PROVIDER'S ACTUAL 3,574
CHARGES FOR SUCH ASSISTANCE OR A PERCENTAGE ESTABLISHED BY THE 3,575
STATE SUPERINTENDENT, NOT TO EXCEED TWENTY PER CENT, OF THE 3,576
AMOUNT OF THE PILOT PROJECT SCHOOL DISTRICT'S AVERAGE BASIC 3,577
SCHOLARSHIP AMOUNT.
(4) NO SCHOLARSHIP OR TUTORIAL ASSISTANCE GRANT SHALL BE 3,579
AWARDED UNLESS THE STATE SUPERINTENDENT DETERMINES THAT 3,580
TWENTY-FIVE OR TEN PER CENT, AS APPLICABLE, OF THE AMOUNT 3,581
SPECIFIED FOR SUCH SCHOLARSHIP OR GRANT PURSUANT TO DIVISION 3,582
80
(C)(1), (2), OR (3) OF THIS SECTION WILL BE FURNISHED BY A 3,583
POLITICAL SUBDIVISION, A PRIVATE NONPROFIT OR FOR PROFIT ENTITY, 3,584
OR ANOTHER PERSON. ONLY SEVENTY-FIVE OR NINETY PER CENT OF SUCH 3,585
AMOUNTS, AS APPLICABLE, SHALL BE PAID FROM STATE FUNDS PURSUANT 3,586
TO SECTION 3313.979 OF THE REVISED CODE. 3,587
(D)(1) ANNUALLY BY THE FIRST DAY OF NOVEMBER, THE STATE 3,590
SUPERINTENDENT SHALL ESTIMATE THE MAXIMUM PER-PUPIL SCHOLARSHIP 3,592
AMOUNTS FOR THE ENSUING SCHOOL YEAR. THE STATE SUPERINTENDENT 3,593
SHALL MAKE THIS ESTIMATE AVAILABLE TO THE GENERAL PUBLIC AT THE 3,595
OFFICES OF THE DISTRICT BOARD OF EDUCATION TOGETHER WITH THE 3,596
FORMS REQUIRED BY DIVISION (D)(2) OF THIS SECTION. 3,597
(2) ANNUALLY BY THE FIFTEENTH DAY OF JANUARY, THE CHIEF 3,600
ADMINISTRATOR OF EACH REGISTERED PRIVATE SCHOOL LOCATED IN THE 3,601
PILOT PROJECT DISTRICT AND THE PRINCIPAL OF EACH PUBLIC SCHOOL IN 3,602
SUCH DISTRICT SHALL COMPLETE A PARENTAL INFORMATION FORM AND 3,603
FORWARD IT TO THE PRESIDENT OF THE BOARD OF EDUCATION. THE 3,604
PARENTAL INFORMATION FORM SHALL BE PRESCRIBED BY THE DEPARTMENT 3,605
OF EDUCATION AND SHALL PROVIDE INFORMATION ABOUT THE GRADE LEVELS 3,606
OFFERED, THE NUMBERS OF STUDENTS, TUITION AMOUNTS, PROFICIENCY 3,607
EXAMINATION RESULTS, AND ANY SECTARIAN OR OTHER ORGANIZATIONAL 3,608
AFFILIATIONS. 3,609
Sec. 3313.979. EACH SCHOLARSHIP OR GRANT TO BE USED FOR 3,611
PAYMENTS TO A REGISTERED PRIVATE SCHOOL OR TO AN APPROVED 3,612
TUTORIAL ASSISTANCE PROVIDER IS PAYABLE TO THE PARENTS OF THE 3,613
STUDENT ENTITLED TO THE SCHOLARSHIP OR GRANT. EACH SCHOLARSHIP 3,614
TO BE USED FOR PAYMENTS TO A PUBLIC SCHOOL IN AN ADJACENT SCHOOL 3,615
DISTRICT IS PAYABLE TO THE SCHOOL DISTRICT OF ATTENDANCE BY THE 3,616
SUPERINTENDENT OF PUBLIC INSTRUCTION. 3,617
(A)(1) BY THE FIFTEENTH DAY OF EACH MONTH OF THE SCHOOL 3,620
YEAR THAT ANY SCHOLARSHIP STUDENTS ARE ENROLLED IN A REGISTERED 3,621
PRIVATE SCHOOL, THE CHIEF ADMINISTRATOR OF THAT SCHOOL SHALL 3,622
NOTIFY THE STATE SUPERINTENDENT OF:
(a) THE NUMBER OF STUDENTS WHO WERE REPORTED TO THE SCHOOL 3,625
DISTRICT AS HAVING BEEN ADMITTED BY THAT PRIVATE SCHOOL PURSUANT 3,626
81
TO DIVISION (A)(2)(b) OF SECTION 3313.978 OF THE REVISED CODE AND 3,628
WHO WERE STILL ENROLLED IN THE PRIVATE SCHOOL AS OF THE FIRST DAY 3,629
OF SUCH MONTH, AND THE NUMBERS OF SUCH STUDENTS WHO QUALIFY FOR 3,630
SEVENTY-FIVE AND NINETY PER CENT OF THE SCHOLARSHIP AMOUNT; 3,631
(b) THE NUMBER OF STUDENTS WHO WERE REPORTED TO THE SCHOOL 3,633
DISTRICT AS HAVING BEEN ADMITTED BY ANOTHER PRIVATE SCHOOL 3,634
PURSUANT TO DIVISION (A)(2)(b) OF SECTION 3313.978 OF THE REVISED 3,636
CODE AND SINCE THE DATE OF ADMISSION HAVE TRANSFERRED TO THE 3,638
SCHOOL PROVIDING THE NOTIFICATION UNDER DIVISION (A)(1) OF THIS 3,639
SECTION, AND THE NUMBERS OF SUCH STUDENTS WHO QUALIFY FOR 3,640
SEVENTY-FIVE AND NINETY PER CENT OF THE SCHOLARSHIP AMOUNT.
(2) FROM TIME TO TIME, THE STATE SUPERINTENDENT SHALL MAKE 3,642
A PAYMENT TO THE PARENT OF EACH STUDENT ENTITLED TO A 3,643
SCHOLARSHIP. EACH PAYMENT SHALL INCLUDE FOR EACH STUDENT 3,644
REPORTED UNDER DIVISION (A)(1) OF THIS SECTION, A PORTION OF 3,646
SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE
SCHOLARSHIP AMOUNT SPECIFIED IN DIVISIONS (C)(1) AND (2) OF 3,648
SECTION 3313.978 OF THE REVISED CODE. THIS AMOUNT SHALL BE 3,650
PROPORTIONATELY REDUCED IN THE CASE OF ANY SUCH STUDENT WHO IS 3,651
NOT ENROLLED IN A REGISTERED PRIVATE SCHOOL FOR THE ENTIRE SCHOOL 3,652
YEAR.
(3) THE FIRST PAYMENT UNDER THIS DIVISION SHALL BE MADE BY 3,655
THE LAST DAY OF NOVEMBER AND SHALL EQUAL ONE-THIRD OF
SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE ESTIMATED 3,657
TOTAL AMOUNT THAT WILL BE DUE TO THE PARENT FOR THE SCHOOL YEAR 3,658
PURSUANT TO DIVISION (A)(2) OF THIS SECTION.
(B) THE STATE SUPERINTENDENT, ON BEHALF OF THE PARENTS OF 3,660
A SCHOLARSHIP STUDENT ENROLLED IN A PUBLIC SCHOOL IN AN ADJACENT 3,662
SCHOOL DISTRICT PURSUANT TO SECTION 3327.06 OF THE REVISED CODE, 3,663
SHALL MAKE THE TUITION PAYMENTS REQUIRED BY THAT SECTION TO THE 3,664
SCHOOL DISTRICT ADMITTING THE STUDENT, EXCEPT THAT, 3,665
NOTWITHSTANDING SECTIONS 3323.13, 3323.14, AND 3327.06 OF THE 3,666
REVISED CODE, THE TOTAL PAYMENTS IN ANY SCHOOL YEAR SHALL NOT 3,667
EXCEED SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE 3,668
82
SCHOLARSHIP AMOUNT PROVIDED IN DIVISIONS (C)(1) AND (2) OF 3,670
SECTION 3313.978 OF THE REVISED CODE. 3,671
(C) WHENEVER AN APPROVED PROVIDER PROVIDES TUTORIAL 3,674
ASSISTANCE TO A STUDENT, THE STATE SUPERINTENDENT SHALL PAY THE
PARENT FOR SUCH COSTS UPON RECEIPT OF A STATEMENT FROM THE PARENT 3,677
SPECIFYING THE SERVICES PROVIDED AND THE COSTS OF THE SERVICES, 3,678
WHICH STATEMENT SHALL BE SIGNED BY THE PROVIDER. THE TOTAL 3,679
PAYMENTS TO ANY PARENT UNDER THIS DIVISION FOR ALL PROVIDER 3,680
SERVICES TO ANY INDIVIDUAL STUDENT IN ANY SCHOOL YEAR SHALL NOT 3,681
EXCEED SEVENTY-FIVE OR NINETY PER CENT, AS APPLICABLE, OF THE
GRANT AMOUNT PROVIDED IN DIVISION (C)(3) OF SECTION 3313.978 OF 3,683
THE REVISED CODE. 3,684
Sec. 3313.981. (A) The state board shall adopt rules 3,693
requiring both ALL of the following: 3,694
(1) The board of education of each city, exempted village, 3,696
and local school district to annually report TO THE DEPARTMENT OF 3,697
EDUCATION the number of adjacent district or other district 3,699
students, as applicable, and adjacent district or other district 3,700
joint vocational students, as applicable, enrolled in the 3,701
district and the number of native students enrolled in adjacent 3,702
or other districts, in accordance with a policy adopted under 3,703
division (B) of section 3313.98 of the Revised Code; each 3,704
adjacent district or other district student's or adjacent 3,705
district or other district joint vocational student's date of 3,706
enrollment in the district; and each native student's date of 3,708
enrollment in an adjacent or other district; 3,709
(2) The board of education of each joint vocational school 3,711
district to annually report TO THE DEPARTMENT the number of 3,712
adjacent district or other district joint vocational students, as 3,714
applicable, enrolled in the district and, for each such student, 3,716
the city, exempted village, or local school district in which the 3,717
student is also enrolled.
(3) PRIOR TO THE FIRST FULL SCHOOL WEEK IN OCTOBER EACH 3,719
YEAR, THE SUPERINTENDENT OF EACH CITY, LOCAL, OR EXEMPTED VILLAGE 3,720
83
SCHOOL DISTRICT THAT ADMITS ADJACENT DISTRICT OR OTHER DISTRICT 3,721
STUDENTS OR ADJACENT DISTRICT OR OTHER DISTRICT JOINT VOCATIONAL 3,722
STUDENTS IN ACCORDANCE WITH A POLICY ADOPTED UNDER DIVISION (B) 3,723
OF SECTION 3313.98 OF THE REVISED CODE TO NOTIFY EACH ADJACENT OR 3,724
OTHER DISTRICT WHERE THOSE STUDENTS ARE ENTITLED TO ATTEND SCHOOL 3,725
UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE OF THE
NUMBER OF THE ADJACENT OR OTHER DISTRICT'S NATIVE STUDENTS WHO 3,726
ARE ENROLLED IN THE SUPERINTENDENT'S DISTRICT UNDER THE POLICY. 3,727
The rules shall provide for the method of counting students 3,729
who are enrolled for part of a school year in an adjacent or 3,730
other district or as an adjacent district or other district joint 3,731
vocational student. 3,732
(B) From the payments made to a city, exempted village, or 3,734
local school district under Chapter 3317. of the Revised Code, 3,735
the department of education shall annually subtract both of the 3,736
following: 3,737
(1) An amount equal to the number of the district's native 3,739
students reported under division (A)(1) of this section who are 3,740
enrolled in adjacent or other school districts pursuant to 3,741
policies adopted by such districts under division (B) of section 3,742
3313.98 of the Revised Code multiplied by the adjusted formula 3,744
amount for the district;
(2) The excess costs computed in accordance with division 3,746
(E) of this section for any such native students receiving 3,747
special education and related services in adjacent or other 3,748
school districts or as an adjacent district or other district 3,749
joint vocational student. 3,750
(C) To the payments made to a city, exempted village, or 3,752
local school district under Chapter 3317. of the Revised Code, 3,753
the department of education shall annually add all of the 3,754
following: 3,755
(1) An amount equal to the adjusted formula amount for the 3,757
district multiplied by the remainder obtained by subtracting the 3,758
number of adjacent district or other district joint vocational 3,759
84
students from the number of adjacent district or other district 3,762
students enrolled in the district, as reported under division 3,764
(A)(1) of this section;
(2) The excess costs computed in accordance with division 3,766
(E) of this section for any adjacent district or other district 3,767
students, except for any adjacent or other district joint 3,770
vocational students, receiving special education and related 3,772
services in the district;
(3) An amount equal to the number of adjacent district or 3,774
other district joint vocational students reported under division 3,776
(A)(1) of this section multiplied by an amount equal to 3,777
one-fourth of the adjusted formula amount for the district. 3,778
(D) To the payments made to a joint vocational school 3,780
district under Chapter 3317. of the Revised Code, the department 3,781
of education shall add, for each adjacent district or other 3,782
district joint vocational student reported under division (A)(2) 3,784
of this section, an amount equal to three-fourths of the adjusted 3,785
formula amount of the city, exempted village, or local school 3,786
district in which the student is also enrolled. 3,787
(E)(1) A city, exempted village, or local school board 3,789
providing special education and related services to an adjacent 3,790
or other district student in accordance with an IEP shall, 3,792
pursuant to rules of the state board, compute the excess costs to 3,793
educate such student as follows: 3,794
(a) Subtract the adjusted formula amount for the district 3,796
from the actual costs to educate the student; 3,797
(b) From the amount computed under division (E)(1)(a) of 3,799
this section subtract the amount of any funds received by the 3,800
district under Chapter 3317. of the Revised Code to provide 3,801
special education and related services to the student. 3,802
(2) The board shall report the excess costs computed under 3,804
this division to the department of education. 3,805
(3) If any student for whom excess costs are computed 3,807
under division (E)(1) of this section is an adjacent or other 3,808
85
district joint vocational student, the department of education 3,810
shall add the amount of such excess costs to the payments made 3,811
under Chapter 3317. of the Revised Code to the joint vocational 3,812
school district enrolling the student. 3,813
(F) Notwithstanding section 3317.03 of the Revised Code, 3,815
no joint vocational school district shall count any adjacent or 3,817
other district joint vocational student enrolled in the district 3,818
in its average daily membership certified under section 3317.03 3,819
of the Revised Code.
(G) No city, exempted village, or local school district 3,821
shall receive a payment under division (C) of this section for a 3,822
student, and no joint vocational school district shall receive a 3,823
payment under division (D) of this section for a student, if for 3,824
the same school year that student is counted in the district's 3,825
formula ADM or average daily membership certified under section 3,827
3317.03 of the Revised Code.
(H) Upon request of a parent, and provided the board 3,829
offers transportation to native students of the same grade level 3,830
and distance from school under section 3327.01 of the Revised 3,831
Code, a city, exempted village, or local school board enrolling 3,832
an adjacent or other district student shall provide 3,833
transportation for the student within the boundaries of the 3,835
board's district, except that the board shall be required to pick 3,836
up and drop off a nonhandicapped student only at a regular school 3,837
bus stop designated in accordance with the board's transportation 3,838
policy. Pursuant to rules of the state board of education, such 3,839
board may reimburse the parent from funds received under division 3,840
(D) of section 3317.022 of the Revised Code for the reasonable 3,841
cost of transportation from the student's home to the designated 3,842
school bus stop if the student's family has an income below the 3,843
federal poverty line.
Sec. 3314.011. EVERY COMMUNITY SCHOOL ESTABLISHED UNDER 3,845
THIS CHAPTER SHALL HAVE A DESIGNATED FISCAL OFFICER. THE AUDITOR 3,846
OF STATE MAY REQUIRE BY RULE THAT THE FISCAL OFFICER OF ANY 3,847
86
COMMUNITY SCHOOL, BEFORE ENTERING UPON DUTIES AS FISCAL OFFICER 3,848
OF THE SCHOOL, EXECUTE A BOND IN AN AMOUNT AND WITH SURETY TO BE 3,849
APPROVED BY THE GOVERNING AUTHORITY OF THE SCHOOL, PAYABLE TO THE 3,850
STATE, CONDITIONED FOR THE FAITHFUL PERFORMANCE OF ALL THE 3,851
OFFICIAL DUTIES REQUIRED OF THE FISCAL OFFICER. ANY SUCH BOND 3,852
SHALL BE DEPOSITED WITH THE GOVERNING AUTHORITY OF THE SCHOOL, 3,853
AND A COPY THEREOF, CERTIFIED BY THE GOVERNING AUTHORITY, SHALL 3,854
BE FILED WITH THE COUNTY AUDITOR. 3,855
Sec. 3314.012. THE DEPARTMENT OF EDUCATION SHALL ISSUE AN 3,857
ANNUAL REPORT CARD FOR EACH COMMUNITY SCHOOL. THE REPORT CARD 3,858
SHALL BE BASED ON ACADEMIC AND FINANCIAL PERFORMANCE OF THE 3,859
SCHOOL AND SHALL BE SIMILAR TO THE REPORT CARDS ISSUED FOR SCHOOL 3,860
DISTRICTS UNDER SECTION 3301.03 OF THE REVISED CODE, BUT SHALL 3,861
INCLUDE THE COMMUNITY SCHOOL'S PERFORMANCE ON THE GOALS AND 3,862
STANDARDS SPELLED OUT IN THE CONTRACT REQUIRED BY DIVISION (A)(3) 3,863
OF SECTION 3314.03 OF THE REVISED CODE.
REPORT CARDS SHALL BE DISTRIBUTED TO THE PARENTS OF ALL 3,865
STUDENTS IN THE COMMUNITY SCHOOL, TO THE MEMBERS OF THE BOARD OF 3,866
EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE COMMUNITY SCHOOL IS 3,867
LOCATED, AND TO ANY PERSON WHO REQUESTS ONE FROM THE DEPARTMENT. 3,868
Sec. 3314.013. (A)(1) UNTIL JULY 1, 2000, NO MORE THAN 3,871
SEVENTY-FIVE CONTRACTS BETWEEN START-UP SCHOOLS AND THE STATE 3,872
BOARD OF EDUCATION MAY BE IN EFFECT OUTSIDE THE PILOT PROJECT 3,873
AREA AT ANY TIME UNDER THIS CHAPTER. 3,874
(2) AFTER JULY 1, 2000, AND UNTIL JULY 1, 2001, NO MORE 3,876
THAN ONE HUNDRED CONTRACTS BETWEEN START-UP SCHOOLS AND THE STATE 3,878
BOARD OF EDUCATION MAY BE IN EFFECT OUTSIDE THE PILOT PROJECT 3,879
AREA AT ANY TIME UNDER THIS CHAPTER. 3,880
(B) WITHIN TWENTY-FOUR HOURS OF A REQUEST BY ANY PERSON, 3,882
THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL INDICATE THE 3,883
NUMBER OF PRELIMINARY AGREEMENTS FOR STATE BOARD-SPONSORED 3,884
START-UP SCHOOLS CURRENTLY OUTSTANDING AND THE NUMBER OF 3,885
CONTRACTS FOR THESE SCHOOLS IN EFFECT AT THE TIME OF THE REQUEST. 3,886
(C) IT IS THE INTENT OF THE GENERAL ASSEMBLY TO CONSIDER 3,888
87
WHETHER TO PROVIDE LIMITATIONS ON THE NUMBER OF START-UP 3,889
COMMUNITY SCHOOLS AFTER JULY 1, 2001, FOLLOWING ITS EXAMINATION 3,890
OF THE RESULTS OF THE STUDIES BY THE LEGISLATIVE OFFICE OF 3,891
EDUCATION OVERSIGHT REQUIRED UNDER SECTION 50.39 OF AM. SUB. H.B. 3,895
NO. 215 OF THE 122nd GENERAL ASSEMBLY AND SECTION 50.52.2 OF AM. 3,898
SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY, AS AMENDED BY 3,902
AM. SUB. H.B. NO. 770 OF THE 122nd GENERAL ASSEMBLY. 3,906
Sec. 3314.02. (A) As used in this chapter: 3,915
(1) "Sponsor" means a city, local, exempted village, or 3,917
joint vocational board of education or the state board of 3,919
education PUBLIC ENTITY LISTED IN DIVISION (C)(1) OF THIS SECTION 3,920
with which the governing authority of the proposed community 3,922
school enters into a contract pursuant to this section.
(2) "Pilot project district AREA" means a THE school 3,925
district DISTRICTS included in the territory of a THE FORMER 3,926
community school pilot project established by FORMER Section 3,928
50.52 of Am. Sub. H.B. No. 215 of the 122nd general assembly. 3,929
(3) "CHALLENGED SCHOOL DISTRICT" MEANS ANY OF THE 3,932
FOLLOWING:
(a) A SCHOOL DISTRICT THAT IS PART OF THE PILOT PROJECT 3,934
AREA;
(b) A SCHOOL DISTRICT THAT IS IN A STATE OF ACADEMIC 3,936
EMERGENCY UNDER SECTION 3302.03 OF THE REVISED CODE; 3,937
(c) A BIG EIGHT SCHOOL DISTRICT; 3,939
(d) AN URBAN SCHOOL DISTRICT. 3,941
(4) "Big eight school district" means a school district 3,944
that for fiscal year 1997 had both of the following: 3,945
(a) A percentage of children residing in the district and 3,948
participating in the predecessor of Ohio works first greater than 3,949
thirty per cent, as reported pursuant to section 3317.10 of the 3,950
Revised Code; 3,952
(b) An average daily membership greater than twelve 3,955
thousand, as reported pursuant to former division (A) of section 3,956
3317.03 of the Revised Code. 3,957
88
(4)(5) "New start-up school" means a community school 3,959
other than one created by converting all or part of an existing 3,961
public school, as designated in the school's contract pursuant to 3,962
division (A)(17) of section 3314.03 of the Revised Code. 3,963
(6) "URBAN SCHOOL DISTRICT" MEANS ONE OF THE STATE'S 3,965
TWENTY-ONE URBAN SCHOOL DISTRICTS AS DEFINED IN DIVISION (O) OF 3,966
SECTION 3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR 3,967
TO JULY 1, 1998.
(B) Any person or group of individuals may initially 3,970
propose under this division the conversion of all or a portion of 3,971
a public school to a community school. The proposal shall be 3,972
made to the board of education of a THE city, local, or exempted 3,974
village school district, other than a pilot project district, in 3,975
which the public school is proposed to be converted. Upon 3,976
receipt of a proposal, a board may enter into a preliminary 3,977
agreement with the person or group proposing the conversion of 3,978
the public school, indicating the intention of the board of 3,979
education to support the conversion to a community school. A 3,980
proposing person or group that has a preliminary agreement under 3,982
this division may proceed to finalize plans for the school,
establish a governing authority for the school, and negotiate a 3,983
contract with the board of education. Provided the proposing 3,984
person or group adheres to the preliminary agreement and all 3,985
provisions of this chapter, the board of education shall 3,986
negotiate in good faith to enter into a contract in accordance
with section 3314.03 of the Revised Code and division (C) of this 3,987
section.
(C)(1) Any person or group of individuals may propose 3,990
under this division the establishment of a new start-up school to 3,991
be located in a big eight CHALLENGED school district other than a 3,992
pilot project district. Such THE proposal may be made to any of 3,994
the following public entities: 3,995
(a) The board of education of the big eight school 3,998
district in which the school is proposed to be located; 3,999
89
(b) The board of education of any joint vocational school 4,002
district with territory in the county in which IS LOCATED the 4,003
majority of the territory of that big eight THE district IN WHICH 4,004
THE SCHOOL is PROPOSED TO BE located; 4,005
(c) The board of education of any other city, local, or 4,008
exempted village school district having territory in the same 4,009
county in which that big eight WHERE THE district IN WHICH THE 4,010
SCHOOL IS PROPOSED TO BE LOCATED has the major portion of its 4,011
territory;
(d) The state board of education; 4,013
(e) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 4,015
PROJECT AREA, THE GOVERNING BOARD OF THE EDUCATIONAL SERVICE 4,017
CENTER SERVING THE COUNTY CONTAINING THE MAJORITY OF THE 4,019
TERRITORY OF THE PILOT PROJECT AREA;
(f) IF THE SCHOOL IS PROPOSED TO BE LOCATED IN THE PILOT 4,021
PROJECT AREA, A SPONSORING AUTHORITY DESIGNATED BY THE BOARD OF 4,023
TRUSTEES OF A STATE UNIVERSITY LOCATED IN THE PILOT PROJECT AREA, 4,025
OR THE BOARD OF TRUSTEES ITSELF.
Such big eight district board, joint vocational board, 4,027
other school district board, or state board THE PUBLIC ENTITY may 4,028
enter into a preliminary agreement pursuant to division (C)(2) of 4,030
this section with the proposing person or group. 4,031
(2) A preliminary agreement indicates the intention of a 4,034
public entity described in division (C)(1) of this section to 4,036
sponsor the community school. A proposing person or group that 4,037
has such a preliminary agreement may proceed to finalize plans 4,038
for the school, establish a governing authority for the school, 4,039
and negotiate a contract with the public entity. Provided the
proposing person or group adheres to the preliminary agreement 4,041
and all provisions of this chapter, the public entity shall 4,042
negotiate in good faith to enter into a contract in accordance 4,043
with section 3314.03 of the Revised Code. 4,044
(3) A NEW START-UP SCHOOL THAT IS ESTABLISHED IN A SCHOOL 4,046
DISTRICT WHILE THAT DISTRICT IS IN A STATE OF ACADEMIC EMERGENCY 4,047
90
UNDER SECTION 3302.03 OF THE REVISED CODE MAY CONTINUE IN 4,048
EXISTENCE ONCE THE SCHOOL DISTRICT IS NO LONGER IN A STATE OF 4,049
ACADEMIC EMERGENCY, PROVIDED THERE IS A VALID CONTRACT BETWEEN
THE SCHOOL AND A SPONSOR. 4,050
(D) A majority vote of a sponsoring school district board 4,052
and a majority vote of the members of the governing authority of 4,053
a community school shall be required to adopt a contract and 4,054
convert the public school to a community school or establish the 4,055
new start-up school. An unlimited number of community schools 4,057
may be established in any school district provided that a 4,059
contract is entered into for each community school pursuant to
this chapter. 4,060
Sec. 3314.021. IF THE DEPARTMENT OF EDUCATION RECEIVES ANY 4,062
APPLICATION PROPOSING A COMMUNITY SCHOOL TO BE LOCATED IN A CITY, 4,063
LOCAL, OR EXEMPTED VILLAGE SCHOOL DISTRICT UNDER THIS CHAPTER, 4,064
THE DEPARTMENT SHALL SEND A NOTICE TO THE PRESIDENT OF THE BOARD 4,065
OF EDUCATION OF THE SCHOOL DISTRICT IN WHICH THE COMMUNITY SCHOOL 4,066
WOULD BE LOCATED INFORMING THE BOARD OF THE APPLICATION. IF ANY 4,067
MEMBER OF THE BOARD OF EDUCATION REQUESTS A COPY OF THE 4,068
APPLICATION, THE DEPARTMENT SHALL FURNISH A COPY TO THAT MEMBER. 4,069
Sec. 3314.03. (A) Each contract entered into under 4,078
section 3314.02 of the Revised Code between a sponsor and the 4,079
governing authority of a community school shall specify the 4,080
following:
(1) That the school shall be established as a nonprofit 4,082
corporation established under Chapter 1702. of the Revised Code; 4,083
(2) The education program of the school, including the 4,085
school's mission, the characteristics of the students the school 4,086
is expected to attract, the ages and grades of students, and the 4,087
focus of the curriculum; 4,088
(3) The academic goals to be achieved and the method of 4,090
measurement that will be used to determine progress toward those 4,091
goals, which shall include the statewide proficiency tests; 4,092
(4) Performance standards by which the success of the 4,094
91
school will be evaluated by the sponsor; 4,095
(5) The admission standards of section 3314.06 of the 4,097
Revised Code; 4,098
(6) Dismissal procedures; 4,100
(7) The ways by which the school will achieve racial and 4,102
ethnic balance reflective of the community it serves; 4,103
(8) Requirements and procedures for financial audits by 4,106
the auditor of state. The contract shall require financial 4,107
records of the school to be maintained in the same manner as are 4,110
financial records of school districts, pursuant to rules of the 4,111
auditor of state and the audits shall be conducted in accordance 4,112
with section 117.10 of the Revised Code.
(9) The facility FACILITIES to be used and its location 4,114
THEIR LOCATIONS; 4,115
(10) Qualifications of teachers, including a requirement 4,117
that the school's classroom teachers be licensed in accordance 4,118
with sections 3319.22 to 3319.31 of the Revised Code, except that 4,119
a community school may engage noncertificated persons to teach up 4,120
to twelve hours per week pursuant to section 3319.301 of the 4,121
Revised Code;
(11) That the school will comply with the following 4,123
requirements: 4,124
(a) The school will provide learning opportunities to a 4,126
minimum of twenty-five students for a minimum of nine hundred 4,128
twenty hours per school year;
(b) The governing authority will purchase liability 4,131
insurance, or otherwise provide for the potential liability of 4,132
the school;
(c) The school will be nonsectarian in its programs, 4,135
admission policies, employment practices, and all other 4,136
operations, and will not be operated by a sectarian school or 4,137
religious institution;
(d) The school will comply with sections 9.90, 9.91, 4,139
109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 4,141
92
3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 4,142
3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 4,143
3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4,144
4113.52 and Chapters 117., 1347., 2744., 3365., 4112., 4123., 4,145
4141., and 4167. of the Revised Code as if it were a school 4,146
district;
(e) The school shall comply with Chapter 102. of the 4,148
Revised Code except that nothing in that chapter shall prohibit a 4,149
member of the school's governing board from also being an 4,150
employee of the school and nothing in that chapter or section 4,151
2921.42 of the Revised Code shall prohibit a member of the 4,152
school's governing board from having an interest in a contract 4,153
into which the governing board enters; 4,154
(f) The school will comply with sections 3313.61 and 4,156
3313.611 of the Revised Code, except that the requirement in 4,158
those sections that a person must successfully complete the 4,159
curriculum in any high school prior to receiving a high school 4,160
diploma may be met by completing the curriculum adopted by the
governing authority of the community school rather than the 4,162
curriculum specified in Title XXXIII of the Revised Code or any 4,163
rules of the state board of education;
(g) The school governing authority will submit an annual 4,165
report of its activities and progress in meeting the goals and 4,166
standards of divisions (A)(3) and (4) of this section and its 4,167
financial status to the sponsor, the parents of all students 4,168
enrolled in the school, and the legislative office of education 4,169
oversight. THE SCHOOL WILL COLLECT AND PROVIDE ANY DATA THAT THE 4,171
LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT REQUESTS IN FURTHERANCE 4,172
OF ANY STUDY OR RESEARCH THAT THE GENERAL ASSEMBLY REQUIRES THE
OFFICE TO CONDUCT, INCLUDING THE STUDIES REQUIRED UNDER SECTION 4,173
50.39 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY AND 4,175
SECTION 50.52.2 OF AM. SUB. H.B. 215 OF THE 122nd GENERAL 4,177
ASSEMBLY, AS AMENDED.
(12) Arrangements for providing health and other benefits 4,179
93
to employees; 4,180
(13) The length of the contract, which shall begin at the 4,182
beginning of an academic year and shall not exceed five years; 4,183
(14) The governing authority of the school, which shall be 4,185
responsible for carrying out the provisions of the contract; 4,186
(15) A financial plan detailing an estimated school budget 4,188
for each year of the period of the contract and specifying the 4,189
total estimated per pupil expenditure amount for each such year. 4,190
The plan shall specify for each year the base formula amount that 4,192
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any 4,193
year shall not exceed the formula amount defined under section 4,194
3317.02 of the Revised Code. The plan may also specify for any 4,196
year a percentage figure to be used for reducing the per pupil
amount of disadvantaged pupil impact aid calculated pursuant to 4,197
section 3317.029 of the Revised Code the school is to receive 4,199
that year under section 3314.08 of the Revised Code.
(16) Requirements and procedures regarding the disposition 4,201
of employees of the school in the event the contract is 4,202
terminated or not renewed pursuant to section 3314.07 of the 4,203
Revised Code;
(17) Whether the school is to be created by converting all 4,206
or part of an existing public school or is to be a new start-up
school, and if it is a converted public school, specification of 4,207
any duties or responsibilities of an employer that the board of 4,208
education that operated the school before conversion is 4,209
delegating to the governing board of the community school with 4,210
respect to all or any specified group of employees provided the
delegation is not prohibited by a collective bargaining agreement 4,211
applicable to such employees; 4,212
(18) Provisions establishing procedures for resolving 4,214
disputes or differences of opinion between the sponsor and the 4,215
governing authority of the community school; 4,216
(19) A PROVISION REQUIRING THE GOVERNING AUTHORITY TO 4,218
94
ADOPT A POLICY REGARDING THE ADMISSION OF STUDENTS WHO RESIDE 4,220
OUTSIDE THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. THAT POLICY 4,221
SHALL COMPLY WITH THE ADMISSIONS PROCEDURES SPECIFIED IN SECTION 4,222
3314.06 OF THE REVISED CODE AND, AT THE SOLE DISCRETION OF THE 4,223
AUTHORITY, SHALL DO ONE OF THE FOLLOWING:
(a) PROHIBIT THE ENROLLMENT OF STUDENTS WHO RESIDE OUTSIDE 4,225
THE DISTRICT IN WHICH THE SCHOOL IS LOCATED; 4,226
(b) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN 4,228
DISTRICTS ADJACENT TO THE DISTRICT IN WHICH THE SCHOOL IS 4,229
LOCATED;
(c) PERMIT THE ENROLLMENT OF STUDENTS WHO RESIDE IN ANY 4,231
OTHER DISTRICT IN THE STATE. 4,232
(B) The community school shall also submit to the sponsor 4,234
a comprehensive plan for the school. The plan shall specify the 4,236
following:
(1) The process by which the governing authority of the 4,238
school will be selected in the future; 4,239
(2) The management and administration of the school; 4,241
(3) If the community school is a currently existing public 4,244
school, alternative arrangements for current public school 4,245
students who choose not to attend the school and teachers who 4,246
choose not to teach in the school after conversion; 4,247
(4) The instructional program and educational philosophy 4,249
of the school; 4,250
(5) Internal financial controls. 4,252
(C) A contract entered into under section 3314.02 of the 4,254
Revised Code between a sponsor and the governing authority of a 4,256
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby 4,257
authorized to receive such payments as set forth in the contract 4,258
between the governing authority and the sponsor. 4,259
Sec. 3314.05. The contract between the community school 4,268
and the sponsor shall specify the facility FACILITIES to be used 4,269
for the community school and the method of acquisition. Any A 4,271
95
SCHOOL MAY BE LOCATED IN MULTIPLE FACILITIES UNDER THE SAME 4,272
CONTRACT ONLY IF THE LIMITATIONS ON AVAILABILITY OF SPACE 4,273
PROHIBIT SERVING ALL THE GRADE LEVELS SPECIFIED IN THE CONTRACT
IN A SINGLE FACILITY. THE SCHOOL SHALL NOT OFFER THE SAME GRADE 4,274
LEVEL CLASSROOMS IN MORE THAN ONE FACILITY. 4,275
ANY facility used for a community school shall meet all 4,278
health and safety standards established by law for school
buildings.
In the case where a community school is proposed to be 4,280
located in a facility owned by a school district or educational 4,281
service center, the facility may not be used for such community 4,283
school unless the district or service center board owning the 4,284
facility enters into an agreement for the community school to
utilize the facility. Use of the facility may be under any terms 4,286
and conditions agreed to by the district or service center board 4,287
and the school.
Sec. 3314.06. The governing authority of each community 4,296
school established under this chapter shall adopt admission 4,297
procedures that specify the following: 4,298
(A) That except as otherwise provided in this section, 4,300
admission to the school shall be open only to any individual age 4,301
five to twenty-two entitled to attend school pursuant to section 4,303
3313.64 or 3313.65 of the Revised Code in the A school district 4,304
in which the school is located or who was enrolled in the 4,305
converted school during the school year preceding the year of its 4,306
conversion to a community school THE STATE. 4,307
(B) That admission to the school may be limited to 4,309
students who have attained a specific grade level or are within a 4,311
specific age group; to students that meet a definition of
"at-risk," as defined in the contract; or to residents of a 4,312
specific geographic area WITHIN THE DISTRICT, as defined in the 4,314
contract, that is within the school district in which the school 4,315
is located.
(C) WHETHER ENROLLMENT IS LIMITED TO STUDENTS WHO RESIDE 4,317
96
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED OR IS OPEN TO 4,318
RESIDENTS OF OTHER DISTRICTS, AS PROVIDED IN THE POLICY ADOPTED 4,319
PURSUANT TO THE CONTRACT.
(D) That there will be no discrimination in the admission 4,321
of students to the school on the basis of race, creed, color, 4,322
handicapping condition, or sex; and that, upon admission of any 4,324
handicapped student, the community school will comply with all 4,325
federal and state laws regarding the education of handicapped 4,326
students.
(D)(E) That the school may not limit admission to students 4,328
on the basis of intellectual ability, measures of achievement or 4,330
aptitude, or athletic ability. 4,331
(E)(F) That the community school will admit the number of 4,333
students that does not exceed the capacity of the school's 4,336
programs, classes, grade levels, or facilities. 4,337
(F)(G) That, except as otherwise provided under division 4,339
(B) of this section, if the number of applicants exceeds the 4,340
capacity restrictions of division (E)(F) of this section, 4,341
students shall be admitted by lot from all those submitting 4,342
applications, except preference shall be given to students 4,343
attending the school the previous year and TO STUDENTS WHO RESIDE 4,344
IN THE DISTRICT IN WHICH THE SCHOOL IS LOCATED. PREFERENCE may 4,345
be given to siblings of such students ATTENDING THE SCHOOL THE 4,346
PREVIOUS YEAR.
Notwithstanding divisions (A) through (F)(G) of this 4,348
section, in the event the racial composition of the enrollment of 4,349
the community school is violative of a federal desegregation 4,350
order, the community school shall take any and all corrective 4,351
measures to comply with the desegregation order. 4,352
Sec. 3314.071. ANY CONTRACT ENTERED INTO BY THE GOVERNING 4,354
AUTHORITY OR ANY OFFICER OR DIRECTOR OF A COMMUNITY SCHOOL, 4,355
INCLUDING THE CONTRACT REQUIRED BY SECTIONS 3314.02 AND 3314.03 4,356
OF THE REVISED CODE, IS DEEMED TO BE ENTERED INTO BY SUCH 4,357
INDIVIDUALS IN THEIR OFFICIAL CAPACITIES AS REPRESENTATIVES OF 4,358
97
THE COMMUNITY SCHOOL. NO OFFICER, DIRECTOR, OR MEMBER OF THE 4,360
GOVERNING AUTHORITY OF A COMMUNITY SCHOOL INCURS ANY PERSONAL
LIABILITY BY VIRTUE OF ENTERING INTO ANY CONTRACT ON BEHALF OF 4,361
THE SCHOOL. 4,362
Sec. 3314.08. (A) As used in this section: 4,371
(1) "Base formula amount" means the amount specified as 4,374
such in a community school's financial plan for a school year 4,375
pursuant to division (A)(15) of section 3314.03 of the Revised 4,376
Code.
(2) "Cost-of-doing-business factor" has the same meaning 4,378
as in section 3317.02 of the Revised Code. 4,379
(3) "IEP" means an individualized education program AS 4,382
defined by division (E) of IN section 3323.01 of the Revised 4,383
Code.
(4) "Average county cost" means the cost, averaged among 4,386
school districts within a county, of providing special education 4,387
and related services to similarly handicapped children, as 4,389
calculated in a manner acceptable to the superintendent of public 4,391
instruction "APPLICABLE WEIGHT" MEANS: 4,392
(a) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 4,394
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 4,395
(A) OF SECTION 3317.013 OF THE REVISED CODE, THE MULTIPLE 4,397
SPECIFIED IN THAT DIVISION;
(b) FOR A STUDENT RECEIVING SPECIAL EDUCATION AND RELATED 4,399
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION 4,400
(B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF 4,402
THE REVISED CODE, THE MULTIPLE SPECIFIED IN DIVISION (B) OF 4,403
SECTION 3317.013 OF THE REVISED CODE. 4,404
(5) "TOTAL SPECIAL EDUCATION WEIGHT" MEANS THE SUM OF THE 4,406
FOLLOWING: 4,407
(a) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 4,410
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 4,411
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 4,412
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,413
98
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,414
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 4,415
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 4,416
(A) OF SECTION 3317.013 OF THE REVISED CODE; 4,417
(b) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 4,419
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 4,422
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,424
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,425
HANDICAP DESCRIBED IN DIVISION (A) OF SECTION 3317.013 OF THE 4,426
REVISED CODE, MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION 4,428
(A) OF SECTION 3317.013 OF THE REVISED CODE; 4,429
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 4,432
(B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND SCHOOL IN 4,433
THE DISTRICT, ARE ENROLLED IN GRADES ONE THROUGH TWELVE IN A 4,434
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,435
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,436
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 4,437
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 4,438
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 4,440
3317.013 OF THE REVISED CODE; 4,441
(d) ONE-HALF THE NUMBER OF STUDENTS REPORTED UNDER 4,443
DIVISION (B)(2)(c) OF THIS SECTION WHO ARE ENTITLED TO ATTEND 4,446
SCHOOL IN THE DISTRICT, ARE ENROLLED IN KINDERGARTEN IN A
COMMUNITY SCHOOL, AND ARE RECEIVING FROM THEIR COMMUNITY SCHOOL 4,448
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A 4,449
HANDICAP DESCRIBED IN DIVISION (B) OF SECTION 3317.013 OR 4,450
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 4,452
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 4,454
3317.013 OF THE REVISED CODE. 4,455
(6) "ENTITLED TO ATTEND SCHOOL" MEANS ENTITLED TO ATTEND 4,457
SCHOOL IN A DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE 4,458
REVISED CODE. 4,459
(7) "DPIA reduction factor" means the percentage figure, 4,462
99
if any, specified for reducing the per pupil amount of 4,463
disadvantaged pupil impact aid a community school is entitled to 4,464
receive pursuant to division DIVISIONS (D)(3)(4) AND (5) of this 4,465
section in any year, as specified in the school's financial plan 4,468
for the year pursuant to division (A)(15) of section 3314.03 of 4,469
the Revised Code.
(8) "ALL-DAY KINDERGARTEN" HAS THE SAME MEANING AS IN 4,471
SECTION 3317.029 OF THE REVISED CODE. 4,472
(B) The state board of education shall adopt rules 4,474
requiring both of the following: 4,475
(1) The board of education of each city, exempted village, 4,477
and local school district to annually report the number of 4,478
students entitled to attend school in the district pursuant to 4,479
section 3313.64 or 3313.65 of the Revised Code who are enrolled 4,481
in grades one through twelve and one-half of the kindergarten 4,482
students enrolled in a community school established under this 4,483
chapter, THE NUMBER OF STUDENTS ENTITLED TO ATTEND SCHOOL IN THE 4,484
DISTRICT WHO ARE ENROLLED IN KINDERGARTEN IN A COMMUNITY SCHOOL, 4,485
THE NUMBER OF THOSE KINDERGARTNERS WHO ARE ENROLLED IN ALL-DAY 4,487
KINDERGARTEN IN THEIR COMMUNITY SCHOOL, and for each child, the 4,490
community school in which the child is enrolled. In addition, 4,492
for each such child receiving special education and related 4,493
services enrolled in grades kindergarten through twelve or in a 4,494
preschool handicapped unit in a community school pursuant to an 4,496
IEP, the board shall report the average county cost for such 4,498
child. If the district receives disadvantaged pupil impact aid 4,500
pursuant to division (B) or divisions (C) and (E) of section 4,501
3317.029 of the Revised Code, it also shall report the amount 4,502
received for each such child.
(2) The governing authority of each community school 4,504
established under this chapter to annually report ALL OF the 4,505
FOLLOWING: 4,506
(a) THE number of students enrolled in grades one through 4,509
twelve and one-half the number of kindergarten students ENROLLED 4,511
100
IN KINDERGARTEN in the school who are not receiving special 4,512
education and related services pursuant to an IEP; the 4,513
(b) THE number of enrolled students in grades one through 4,515
twelve and one-half the number of ENROLLED STUDENTS IN 4,516
kindergarten students, who are receiving special education and 4,519
related services pursuant to an IEP; the 4,520
(c) THE NUMBER OF STUDENTS REPORTED UNDER DIVISION 4,523
(B)(2)(b) OF THIS SECTION RECEIVING SPECIAL EDUCATION AND RELATED 4,524
SERVICES PURSUANT TO AN IEP FOR A HANDICAP DESCRIBED IN EACH OF 4,525
DIVISIONS (A) AND (B) OF SECTION 3317.013 AND DIVISION (F)(3) OF 4,527
SECTION 3317.02 OF THE REVISED CODE; 4,529
(d) THE number of enrolled preschool handicapped students 4,532
receiving special education services in a state-funded unit; the 4,533
(e) THE community school's base formula amount; and 4,536
(f) FOR EACH STUDENT, the city, exempted village, or local 4,539
school district in which the school STUDENT is located. Each 4,541
governing authority shall also report any ENTITLED TO ATTEND 4,542
SCHOOL;
(g) ANY DPIA reduction factor that applies to a school 4,545
year.
(C) From the payments made to a city, exempted village, or 4,547
local school district under Chapter 3317. of the Revised Code 4,548
and, if necessary, sections 321.14 and 323.156 of the Revised 4,549
Code, the department of education shall annually subtract all of 4,550
the following:
(1) An amount equal to the sum of the amounts obtained 4,552
when, for each community school where the district's students are 4,553
enrolled, the number of the district's students reported under 4,554
division DIVISIONS (B)(2)(a) AND (b) of this section who are 4,555
enrolled in grades one through twelve, and one-half the number of 4,556
STUDENTS REPORTED UNDER THOSE DIVISIONS WHO ARE ENROLLED IN 4,557
kindergarten students, in that community school and are not 4,559
receiving special education and related services pursuant to an 4,560
IEP is multiplied by the base formula amount of that community 4,561
101
school as adjusted by the school district's 4,562
cost-of-doing-business factor.
(2) The sum PRODUCT of the average county costs for all 4,564
NUMBER OF district students reported under division (B)(2)(c) of 4,567
this section AS ENROLLED IN GRADES ONE THROUGH TWELVE, AND 4,568
ONE-HALF OF THE NUMBER OF DISTRICT STUDENTS REPORTED UNDER THAT 4,569
DIVISION AS ENROLLED IN KINDERGARTEN, who are to be receiving 4,571
special education and related services pursuant to an IEP in 4,572
their respective community schools, less the sum of the prorated 4,574
share for each such student of any amounts received from state 4,575
preschool handicapped unit funding or from federal funds to 4,576
provide special education and related services to students in the 4,577
respective community schools. This prorated share of state or 4,578
federal funds received for each such student shall be determined 4,579
on the basis of all such funds received by a community school for 4,580
students receiving similar services, as calculated in a manner 4,581
acceptable to the superintendent of public instruction. FOR A 4,583
HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR 4,585
DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED CODE, 4,587
MULTIPLIED BY THE TOTAL SPECIAL EDUCATION WEIGHT; 4,588
(3) An amount equal to the sum of the amounts obtained 4,590
when, for each community school where the district's students are 4,591
enrolled, the number of the district's students enrolled in that 4,592
community school and residing in the district in a family 4,593
participating in Ohio works first under Chapter 5107. of the 4,594
Revised Code is multiplied by the per pupil amount of
disadvantaged pupil impact aid the school district receives that 4,595
year pursuant to division (B) or divisions (C) and (E) of section 4,596
3317.029 of the Revised Code, as adjusted by any DPIA reduction 4,598
factor of that community school. IF THE DISTRICT RECEIVES 4,599
DISADVANTAGED PUPIL IMPACT AID UNDER DIVISION (B) OF THAT 4,600
SECTION, THE PER PUPIL AMOUNT OF THAT AID IS THE QUOTIENT OF THE 4,601
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 4,602
NUMBER OF CHILDREN AGES FIVE THROUGH SEVENTEEN RESIDING IN THE 4,603
102
DISTRICT AND LIVING IN A FAMILY PARTICIPATING IN OHIO WORKS 4,604
FIRST, AS MOST RECENTLY REPORTED UNDER SECTION 3317.10 OF THE 4,605
REVISED CODE. IF THE DISTRICT RECEIVES DISADVANTAGED PUPIL 4,607
IMPACT AID UNDER DIVISION (C) OF SECTION 3317.029 OF THE REVISED 4,608
CODE, THE PER PUPIL AMOUNT OF THAT AID IS THE PER PUPIL DOLLAR 4,610
AMOUNT PRESCRIBED FOR THE DISTRICT IN DIVISION (C)(1) OR (2) OF 4,611
THAT SECTION.
(4) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 4,613
WHEN, FOR EACH COMMUNITY SCHOOL WHERE THE DISTRICT'S STUDENTS ARE 4,614
ENROLLED, THE DISTRICT'S PER PUPIL AMOUNT OF AID RECEIVED UNDER 4,615
DIVISION (E) OF SECTION 3317.029 OF THE REVISED CODE, AS ADJUSTED 4,616
BY ANY DPIA REDUCTION FACTOR OF THE COMMUNITY SCHOOL, IS 4,618
MULTIPLIED BY THE SUM OF THE FOLLOWING: 4,619
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 4,621
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 4,623
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 4,626
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 4,628
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,630
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 4,631
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 4,632
SERVICES PURSUANT TO AN IEP; 4,633
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,635
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 4,636
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 4,637
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 4,639
OF SECTION 3317.029 OF THE REVISED CODE IS THE QUOTIENT OF THE 4,640
AMOUNT THE DISTRICT RECEIVED UNDER THAT DIVISION DIVIDED BY THE 4,642
DISTRICT'S KINDERGARTEN THROUGH THIRD GRADE ADM, AS DEFINED IN 4,643
THAT SECTION. 4,644
(D) The department shall annually pay to a community 4,646
school established under this chapter all of the following: 4,647
(1) An amount equal to the sum of the amounts obtained 4,649
when the number of students enrolled in grades one through 4,650
103
twelve, plus one-half of the kindergarten students in the school 4,651
as, reported under division DIVISIONS (B)(2)(a) AND (b) of this 4,654
section who are not receiving special education and related 4,655
services pursuant to an IEP FOR A HANDICAP DESCRIBED IN DIVISION 4,656
(A) OR (B) OF SECTION 3317.013 OR DIVISION (F)(3) OF SECTION 4,657
3317.02 OF THE REVISED CODE is multiplied by the community 4,658
school's base formula amount, as adjusted by the 4,659
cost-of-doing-business factor of the school district in which the 4,660
school STUDENT is located ENTITLED TO ATTEND SCHOOL; 4,661
(2) For THE GREATER OF THE FOLLOWING: 4,664
(a) THE AGGREGATE AMOUNT THAT THE DEPARTMENT PAID TO THE 4,666
COMMUNITY SCHOOL IN FISCAL YEAR 1999 FOR STUDENTS RECEIVING 4,667
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO IEPs, 4,669
EXCLUDING FEDERAL FUNDS AND STATE DISADVANTAGED PUPIL IMPACT AID 4,671
FUNDS;
(b) THE SUM OF THE AMOUNTS CALCULATED UNDER DIVISIONS 4,674
(D)(2)(b)(i) AND (ii) OF THIS SECTION: 4,675
(i) FOR each student REPORTED UNDER DIVISION (B)(2)(c) OF 4,679
THIS SECTION AS enrolled in the school IN GRADES ONE THROUGH 4,680
TWELVE AND receiving special education and related services 4,681
pursuant to an IEP, an amount equal to the average county cost 4,682
for such student, less a prorated share for the student of any 4,683
FOR A HANDICAP DESCRIBED IN DIVISION (A) OR (B) OF SECTION 4,685
3317.013 OR DIVISION (F)(3) OF SECTION 3317.02 OF THE REVISED 4,688
CODE, THE FOLLOWING AMOUNT:
(THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT X THE 4,690
COST-OF-DOING-BUSINESS FACTOR OF THE DISTRICT WHERE THE STUDENT 4,691
IS ENTITLED TO ATTEND SCHOOL) + (THE APPLICABLE WEIGHT 4,692
X THE COMMUNITY SCHOOL'S BASE FORMULA AMOUNT); 4,693
(ii) FOR EACH STUDENT REPORTED UNDER DIVISION (B)(2)(c) OF 4,697
THIS SECTION AS ENROLLED IN KINDERGARTEN AND RECEIVING SPECIAL
EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP FOR A HANDICAP 4,699
DESCRIBED IN DIVISION (A) OR (B) OF SECTION 3317.013 OR DIVISION 4,701
(F)(3) OF SECTION 3317.02 OF THE REVISED CODE, ONE-HALF OF THE 4,703
104
AMOUNT CALCULATED UNDER THE FORMULA PRESCRIBED IN DIVISION 4,704
(D)(2)(b)(i) OF THIS SECTION.
(3) AN amount received from state preschool handicapped 4,707
unit funding or federal funds to provide special education and 4,708
related services to students in the community school. This 4,709
prorated share shall be, AS determined as described under 4,710
division (C)(2) of this section BY THE SUPERINTENDENT OF PUBLIC 4,712
INSTRUCTION.
(3)(4) An amount equal to the SUM OF THE AMOUNTS OBTAINED 4,714
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 4,716
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE number of THAT 4,718
DISTRICT'S students enrolled in the community school and residing 4,719
in the school district in a family participating in Ohio works 4,721
first IS multiplied by the per pupil amount of disadvantaged
pupil impact aid that school district receives that year pursuant 4,723
to division (B) or divisions (C) and (E) of section 3317.029 of 4,725
the Revised Code, as adjusted by any DPIA reduction factor of the 4,726
community school. THE PER PUPIL AMOUNT OF AID SHALL BE 4,728
DETERMINED AS DESCRIBED IN DIVISION (C)(3) OF THIS SECTION. 4,729
(5) AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS OBTAINED 4,731
WHEN, FOR EACH SCHOOL DISTRICT WHERE THE COMMUNITY SCHOOL'S 4,732
STUDENTS ARE ENTITLED TO ATTEND SCHOOL, THE DISTRICT'S PER PUPIL 4,733
AMOUNT OF AID RECEIVED UNDER DIVISION (E) OF SECTION 3317.029 OF 4,734
THE REVISED CODE, AS ADJUSTED BY ANY DPIA REDUCTION FACTOR OF THE 4,737
COMMUNITY SCHOOL, IS MULTIPLIED BY THE SUM OF THE FOLLOWING: 4,738
(a) THE NUMBER OF THE DISTRICT'S STUDENTS REPORTED UNDER 4,740
DIVISION (B)(2)(a) OF THIS SECTION WHO ARE ENROLLED IN GRADES ONE 4,742
TO THREE IN THAT COMMUNITY SCHOOL AND WHO ARE NOT RECEIVING 4,745
SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN IEP; 4,747
(b) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,749
IN ALL-DAY OR ANY OTHER KINDERGARTEN CLASS IN THAT COMMUNITY 4,750
SCHOOL AND WHO ARE NOT RECEIVING SPECIAL EDUCATION AND RELATED 4,751
SERVICES PURSUANT TO AN IEP; 4,752
(c) ONE-HALF OF THE DISTRICT'S STUDENTS WHO ARE ENROLLED 4,754
105
IN ALL-DAY KINDERGARTEN IN THAT COMMUNITY SCHOOL AND WHO ARE NOT 4,755
RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT TO AN 4,756
IEP.
THE DISTRICT'S PER PUPIL AMOUNT OF AID UNDER DIVISION (E) 4,758
OF SECTION 3317.029 OF THE REVISED CODE SHALL BE DETERMINED AS 4,759
DESCRIBED IN DIVISION (C)(4) OF THIS SECTION. 4,760
(E) IF A COMMUNITY SCHOOL'S COSTS FOR A FISCAL YEAR FOR A 4,762
STUDENT RECEIVING SPECIAL EDUCATION AND RELATED SERVICES PURSUANT 4,763
TO AN IEP FOR A HANDICAP DESCRIBED IN DIVISION (F)(3) OF SECTION 4,765
3317.02 OF THE REVISED CODE ARE TWENTY-FIVE THOUSAND DOLLARS OR 4,767
MORE, THE SCHOOL MAY SUBMIT TO THE SUPERINTENDENT OF PUBLIC 4,768
INSTRUCTION DOCUMENTATION, AS PRESCRIBED BY THE SUPERINTENDENT, 4,769
OF ALL ITS COSTS FOR THAT STUDENT. UPON SUBMISSION OF 4,770
DOCUMENTATION FOR A STUDENT OF THE TYPE AND IN THE MANNER 4,771
PRESCRIBED, THE DEPARTMENT SHALL PAY TO THE DISTRICT AN AMOUNT 4,772
EQUAL TO THE SCHOOL'S COSTS FOR THE STUDENT IN EXCESS OF 4,773
TWENTY-FIVE THOUSAND DOLLARS.
THE COMMUNITY SCHOOL SHALL ONLY REPORT, AND THE DEPARTMENT 4,775
SHALL ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE 4,776
RELATED SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE 4,777
STUDENT'S INDIVIDUALIZED EDUCATION PROGRAM. ANY LEGAL FEES, 4,778
COURT COSTS, OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION 4,779
RELATING TO THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT. 4,780
(F) A community school may apply to the department of 4,782
education for preschool handicapped or gifted unit funding the 4,783
school would receive if it were a school district. Upon request 4,784
of its governing authority, a community school that received unit 4,786
funding as a school district-operated school before it became a
community school shall retain any units awarded to it as a school 4,787
district-operated school provided the school continues to meet 4,788
eligibility standards for the unit. 4,789
A community school shall be considered a school district 4,791
and its governing authority shall be considered a board of 4,792
education for the purpose of applying to any state or federal 4,793
106
agency for grants that a school district may receive under 4,794
federal or state law or any appropriations act of the general 4,795
assembly. The governing authority of a community school may 4,796
apply to any private entity for additional funds. 4,797
(F)(G) A board of education sponsoring a community school 4,799
may utilize local funds to make enhancement grants to the school 4,800
or may agree, either as part of the contract or separately, to 4,801
provide any specific services to the community school at no cost 4,802
to the school.
(G)(H) A community school may not levy taxes or issue 4,804
bonds secured by tax revenues. 4,805
(H)(I) No community school shall charge tuition for the 4,807
enrollment of any student. 4,808
(I)(J) A community school may borrow money to pay any 4,810
necessary and actual expenses of the school in anticipation of 4,812
the receipt of any portion of the payments to be received by the 4,813
school pursuant to division (D) of this section. The school may 4,814
issue notes to evidence such borrowing to mature no later than 4,815
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 4,816
which the anticipated receipts may be lawfully expended by the 4,817
school.
(J)(K) For purposes of determining the number of students 4,820
for which division DIVISIONS (D)(3)(4) AND (5) of this section 4,821
applies in any school year, a community school may submit to the 4,823
state department of human services, no later than the first day
of March, a list of the students enrolled in the school. For 4,825
each student on the list, the community school shall indicate the
student's name, address, and date of birth and the school 4,826
district where the student is entitled to attend school under 4,827
section 3313.64 or 3313.65 of the Revised Code. Upon receipt of 4,829
a list under this division, the department of human services 4,831
shall determine, for each school district where one or more 4,832
students on the list is entitled to attend school under section 4,833
107
3313.64 or 3313.65 of the Revised Code, the number of students 4,836
residing in that school district who were included in the
department's report under section 3317.10 of the Revised Code. 4,838
The department shall make this determination on the basis of 4,839
information readily available to it. Upon making this 4,840
determination and no later than ninety days after submission of 4,841
the list by the community school, the department shall report to 4,842
the state department of education the number of students on the 4,843
list who reside in each school district who were included in the 4,844
department's report under section 3317.10 of the Revised Code. 4,845
In complying with this division, the department of human services 4,846
shall not report to the state department of education any 4,847
personally identifiable information on any student.
(K)(L) The department of education shall adjust the 4,849
amounts subtracted and paid under divisions (C) and (D) of this 4,850
section to reflect any enrollment of students in community 4,851
schools for less than the equivalent of a full school year. FOR 4,852
PURPOSES OF THIS SECTION, A STUDENT SHALL BE CONSIDERED ENROLLED 4,853
IN THE COMMUNITY SCHOOL FOR ANY PORTION OF THE SCHOOL YEAR THE 4,854
STUDENT IS PARTICIPATING AT A COLLEGE UNDER CHAPTER 3365. OF THE 4,855
REVISED CODE.
(M) THE DEPARTMENT OF EDUCATION SHALL REDUCE THE AMOUNTS 4,857
PAID UNDER DIVISION (D) OF THIS SECTION TO REFLECT PAYMENTS MADE 4,858
TO COLLEGES UNDER DIVISION (B) OF SECTION 3365.07 OF THE REVISED 4,859
CODE.
Sec. 3314.09. The AS USED IN THIS SECTION, "NATIVE 4,868
STUDENT" MEANS A STUDENT ENTITLED TO ATTEND SCHOOL IN THE SCHOOL 4,869
DISTRICT UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 4,870
THE board of education of the EACH city, local, or AND 4,873
exempted village school district in which a community school is 4,875
located shall provide transportation to AND FROM SCHOOL FOR ITS 4,876
DISTRICT'S NATIVE students enrolled in the A community school, 4,877
except that the board shall be required to pick up and drop off a 4,878
nonhandicapped student only at a regular school bus stop 4,879
108
designated in accordance with the board's transportation policy 4,880
LOCATED IN THAT DISTRICT OR ANOTHER DISTRICT ON THE SAME BASIS
THAT IT PROVIDES TRANSPORTATION FOR ITS NATIVE STUDENTS ENROLLED 4,882
IN SCHOOLS TO WHICH THEY ARE ASSIGNED BY THE BOARD OF EDUCATION 4,883
AT THE SAME GRADE LEVEL AND WHO LIVE THE SAME DISTANCE FROM 4,884
SCHOOL EXCEPT WHEN, IN THE JUDGMENT OF THE BOARD, CONFIRMED BY 4,885
THE STATE BOARD OF EDUCATION, THE TRANSPORTATION IS UNNECESSARY 4,886
OR UNREASONABLE. A BOARD SHALL NOT BE REQUIRED TO TRANSPORT 4,887
NONHANDICAPPED STUDENTS TO AND FROM A COMMUNITY SCHOOL LOCATED IN 4,888
ANOTHER SCHOOL DISTRICT IF THE TRANSPORTATION WOULD REQUIRE MORE 4,889
THAN THIRTY MINUTES OF DIRECT TRAVEL TIME AS MEASURED BY SCHOOL 4,890
BUS FROM THE COLLECTION POINT DESIGNATED BY THE DISTRICT'S 4,891
COORDINATOR OF SCHOOL TRANSPORTATION.
WHERE IT IS IMPRACTICAL TO TRANSPORT A PUPIL TO AND FROM A 4,894
COMMUNITY SCHOOL BY SCHOOL CONVEYANCE, A BOARD MAY, IN LIEU OF
PROVIDING THE TRANSPORTATION, PAY A PARENT, GUARDIAN, OR OTHER 4,895
PERSON IN CHARGE OF THE CHILD. THE AMOUNT PAID PER PUPIL SHALL 4,896
IN NO EVENT EXCEED THE AVERAGE TRANSPORTATION COST PER PUPIL, 4,897
WHICH SHALL BE BASED ON THE COST OF TRANSPORTATION OF CHILDREN BY 4,899
ALL BOARDS OF EDUCATION IN THIS STATE DURING THE NEXT PRECEDING 4,900
YEAR.
Sec. 3314.11. The department of education shall establish 4,909
a THE state community school commission OFFICE OF SCHOOL OPTIONS 4,911
TO PROVIDE ADVICE AND SERVICES FOR THE COMMUNITY SCHOOLS PROGRAM, 4,912
ESTABLISHED PURSUANT TO CHAPTER 3314. OF THE REVISED CODE, AND 4,913
THE PILOT PROJECT SCHOLARSHIP PROGRAM, ESTABLISHED PURSUANT TO 4,914
SECTIONS 3313.974 TO 3313.979 OF THE REVISED CODE. The
commission OFFICE shall provide SERVICES THAT FACILITATE THE 4,915
MANAGEMENT OF THE COMMUNITY SCHOOLS PROGRAM AND THE PILOT PROJECT 4,916
SCHOLARSHIP PROGRAM, INCLUDING PROVIDING TECHNICAL assistance and 4,917
information to persons or groups considering proposing a 4,918
community school, to governing authorities of community schools, 4,919
and to school district boards PUBLIC ENTITIES sponsoring or 4,921
considering sponsoring a community school.
109
Sec. 3314.12. The legislative office of education 4,930
oversight shall produce and issue an annual composite 4,931
informational report on community schools established under this 4,932
chapter or under Section 50.52 of Amended Substitute House Bill 4,933
No. 215 of the 122nd general assembly to the speaker of the house 4,935
of representatives, the president of the senate, and the
governor. The report shall include the number of schools in 4,936
operation, the size and characteristics of enrollment for the 4,937
schools, the academic performance of the schools, the financial 4,938
status of the schools, and any other pertinent information. 4,939
Sec. 3314.13. (A) As used in this section: 4,948
(1) "All-day kindergarten" and "DPIA index" have HAS the 4,951
same meanings MEANING as in section 3317.029 of the Revised Code. 4,953
(2) "Formula amount" has the same meaning as in section 4,955
3317.02 of the Revised Code. 4,956
(B) The department of education annually shall pay each 4,958
community school established under this chapter or under Section 4,959
50.52 of Amended Substitute House Bill No. 215 of the 122nd 4,960
general assembly one-half of the formula amount for each student 4,961
who TO WHOM BOTH OF THE FOLLOWING APPLY:
(1) THE STUDENT is entitled to attend school under section 4,963
3313.64 or 3313.65 of the Revised Code in a school district with 4,964
a DPIA index of one or greater and who is THAT IS ELIGIBLE TO 4,966
RECEIVE A PAYMENT UNDER DIVISION (D) OF SECTION 3317.029 OF THE 4,967
REVISED CODE IF IT PROVIDES ALL-DAY KINDERGARTEN;
(2) THE STUDENT IS reported by the community school UNDER 4,969
DIVISION (B)(3) OF SECTION 3314.08 OF THE REVISED CODE as 4,970
enrolled in all-day kindergarten at the community school. If 4,971
(C) IF a student for whom payment is made under DIVISION 4,974
(B) OF this section is entitled to attend school in a district 4,975
that receives any payment for all-day kindergarten under division 4,976
(D) of section 3317.029 of the Revised Code, the department shall 4,977
deduct the payment to the community school under this section 4,978
from the amount paid that school district under that division. 4,979
110
If that school district does not receive payment for all-day 4,980
kindergarten under that division BECAUSE IT DOES NOT PROVIDE 4,981
ALL-DAY KINDERGARTEN, the department shall pay the community 4,982
school from state funds appropriated generally for disadvantaged 4,983
pupil impact aid.
(C)(D) The department shall adjust the amounts deducted 4,986
from school districts and paid to community schools under this 4,987
section to reflect any enrollments of students in all-day 4,988
kindergarten in community schools for less than the equivalent of 4,989
a full school year.
Sec. 3314.15. (A) EACH COMMUNITY SCHOOL LOCATED IN THE 4,991
PILOT PROJECT AREA, OR IN A COUNTY CONTIGUOUS TO THE PILOT 4,992
PROJECT AREA, THAT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS 4,993
SECTION PURSUANT TO A CONTRACT ENTERED INTO WITH ITS SPONSOR 4,994
PRIOR TO THAT DATE UNDER FORMER SECTION 50.52.4 OF AM. SUB. H.B. 4,999
NO. 215 OF THE 122nd GENERAL ASSEMBLY, IS SUBJECT TO THIS CHAPTER 5,001
AND SHALL BE CONSIDERED FOR ALL PURPOSES OF THE REVISED CODE TO 5,002
BE ESTABLISHED UNDER THIS CHAPTER. HOWEVER, UNTIL THAT CONTRACT 5,003
EXPIRES, BUT NOT LATER THAN JUNE 30, 2003, THE COMMUNITY SCHOOL 5,004
MAY CONTINUE TO OPERATE IN ACCORDANCE WITH THAT CONTRACT TO THE 5,005
EXTENT IT DOES NOT CONFLICT WITH THE PROVISIONS OF SECTION 50.52 5,006
OF THAT ACT IN EFFECT IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF 5,007
THIS SECTION. THE SCHOOL IS SUBJECT TO ANY PROVISIONS OF THIS 5,008
CHAPTER THAT DO NOT CONFLICT WITH THAT CONTRACT. IF THE
GOVERNING AUTHORITY OF SUCH A COMMUNITY SCHOOL RENEWS THE 5,009
CONTRACT WITH A SPONSOR, THE RENEWED CONTRACT SHALL COMPLY WITH 5,010
THIS CHAPTER.
(B) A PRELIMINARY AGREEMENT FOR A COMMUNITY SCHOOL ENTERED 5,012
INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION UNDER FORMER 5,013
SECTION 50.52.4 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL 5,017
ASSEMBLY REMAINS VALID ON AND AFTER THAT DATE FOR AS LONG AS THE 5,018
PROPOSED GOVERNING AUTHORITY AND PROPOSED SPONSOR OF THE 5,019
COMMUNITY SCHOOL CONTINUE THE AGREEMENT. IF THEY AGREE TO 5,020
PROCEED TO ENTER INTO A CONTRACT FOR THE COMMUNITY SCHOOL, THE 5,021
111
CONTRACT SHALL BE ENTERED INTO UNDER SECTION 3314.02 AND SHALL 5,022
COMPLY WITH SECTION 3314.03 OF THE REVISED CODE. 5,023
(C) A COMMUNITY SCHOOL DESCRIBED IN DIVISION (A) OF THIS 5,025
SECTION THAT IS LOCATED IN A COUNTY CONTIGUOUS TO THE PILOT 5,027
PROJECT AREA MAY CONTINUE IN EXISTENCE AS LONG AS THERE IS A 5,028
VALID CONTRACT BETWEEN THE SCHOOL AND A SPONSOR. ANY SUCH 5,029
CONTRACT ENTERED INTO AFTER THE EFFECTIVE DATE OF THIS SECTION 5,030
SHALL BE SUBJECT TO THIS CHAPTER. ANY PUBLIC ENTITY LISTED IN 5,031
DIVISION (C)(1) OF SECTION 3314.02 OF THE REVISED CODE MAY BE A 5,033
SPONSOR FOR THE COMMUNITY SCHOOL AS IF IT WERE LOCATED IN THE 5,034
PILOT PROJECT AREA. 5,035
Sec. 3315.17. (A) The board of education of each city, 5,045
exempted village, local, and joint vocational school district 5,046
shall establish a textbook and instructional materials fund and 5,047
shall deposit into that fund four per cent, or another percentage 5,048
if established in rules adopted under division (B)(C) of this 5,050
section, of all revenues received by the district for operating 5,051
expenses. Money in the fund shall be used solely for textbooks, 5,052
instructional software, and instructional materials, supplies, 5,053
and equipment. Any money in the fund that is not used in any 5,054
fiscal year shall carry forward to the next fiscal year. 5,055
(B) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF IN A 5,057
FISCAL YEAR A DISTRICT BOARD DEPOSITS IN THE TEXTBOOK AND 5,059
INSTRUCTIONAL MATERIALS FUND AN AMOUNT OF MONEY GREATER THAN THE 5,060
AMOUNT REQUIRED TO BE DEPOSITED BY THIS SECTION OR THE RULES 5,061
ADOPTED UNDER DIVISION (C) OF THIS SECTION, THE BOARD MAY DEDUCT 5,062
THE EXCESS AMOUNT OF MONEY FROM THE AMOUNT OF MONEY REQUIRED TO 5,063
BE DEPOSITED IN SUCCEEDING FISCAL YEARS. 5,064
(C) The state superintendent of public instruction and the 5,067
auditor of state jointly shall adopt rules in accordance with 5,068
Chapter 119. of the Revised Code defining what constitutes 5,070
textbooks, instructional software, and instructional materials, 5,071
supplies, and equipment for which money in a school district's 5,072
textbook and instructional materials fund may be used. The 5,073
112
jointly adopted rules also may designate a percentage, other than 5,075
four per cent, of district operating revenues that must be
deposited into the fund. The auditor of state shall adopt rules 5,077
under section 117.20 of the Revised Code authorizing up to a 5,079
three-year phase-in period for district boards to meet the
percentage requirements of division (A) of this section, AND 5,081
SPECIFYING THE MANNER IN WHICH DISTRICT BOARDS MAY DEDUCT FROM A 5,082
REQUIRED DEPOSIT AN EXCESS AMOUNT DEPOSITED INTO THE TEXTBOOK AND 5,083
INSTRUCTIONAL MATERIALS FUND IN A PRIOR FISCAL YEAR.
(C)(D) Notwithstanding division (A) of this section, a 5,086
district board of education in any fiscal year may appropriate 5,087
money in the district textbook and instructional materials fund 5,088
for purposes other than those permitted by that division if both 5,089
of the following occur during that fiscal year: 5,090
(1) All of the following certify to the district board in 5,092
writing that the district has sufficient textbooks, instructional 5,093
software, and instructional materials, supplies, and equipment to 5,095
ensure a thorough and efficient education within the district: 5,096
(a) The district superintendent; 5,098
(b) In districts required to have a business advisory 5,100
council, a person designated by vote of the business advisory 5,101
council;
(c) If the district teachers are represented by an 5,103
exclusive bargaining representative for purposes of Chapter 4117. 5,105
of the Revised Code, the president of that organization or the 5,108
president's designee.
(2) The district board adopts, by unanimous vote of all 5,110
members of the board, a resolution stating that the district has 5,111
sufficient textbooks, instructional software, and instructional 5,112
materials, supplies, and equipment to ensure a thorough and 5,113
efficient education within the district. 5,114
(D)(E) Notwithstanding any provision to the contrary in 5,116
Chapter 4117. of the Revised Code, the requirements of this 5,117
section prevail over any conflicting provisions of agreements 5,119
113
between employee organizations and public employers entered into 5,120
on or after the effective date of this section NOVEMBER 21, 1997. 5,121
(F) ANY SCHOOL DISTRICT WHOSE LATEST REPORT UNDER SECTION 5,123
3302.03 OF THE REVISED CODE INDICATES THAT THE DISTRICT IS AN 5,125
EFFECTIVE SCHOOL DISTRICT SHALL BE EXEMPT FROM THE REQUIREMENT TO 5,126
DEPOSIT MONEY IN ITS TEXTBOOK AND INSTRUCTIONAL MATERIALS FUND 5,127
UNDER DIVISION (A) OF THIS SECTION. 5,128
Sec. 3316.05. (A) Pursuant to the powers of the general 5,137
assembly and for the purposes of this chapter, upon the 5,138
declaration of a fiscal emergency in any school district pursuant 5,140
to division (B) of section 3316.03 of the Revised Code, there is 5,141
established, with respect to that school district, a body both
corporate and politic constituting an agency and instrumentality 5,142
of the state and performing essential governmental functions of 5,143
the state to be known as the "financial planning and supervision 5,144
commission for ........ (name of school district)," which, in 5,145
that name, may exercise all authority vested in such a commission 5,146
by this chapter. A separate commission is established with 5,147
respect to each school district as to which there is a fiscal 5,148
emergency as determined under this chapter. 5,149
(B) A commission APPOINTED AFTER JULY 1, 1999, shall 5,151
consist of seven FIVE voting members, including women and at 5,153
least one Hispanic or African American if Hispanic and African 5,154
Americans together constitute at least twenty per cent of the 5,155
student population of the district, as follows:
(1) Four TWO ex officio members: the director of budget 5,158
and management, OR A DESIGNEE OF THE DIRECTOR, AND the 5,159
superintendent of public instruction, OR A DESIGNEE OF the 5,160
superintendent of the school district, and the mayor of the 5,161
municipal corporation with the largest number of residents living 5,162
within the school district, except that if more than fifty per 5,163
cent of the residents of the district reside outside the 5,164
municipal corporation containing the greatest number of district 5,165
residents or if there is no municipal corporation located in the 5,166
114
school district, the county auditor of the county with the
largest number of residents living within the school district 5,167
shall be a member of the commission in lieu of a mayor. 5,168
The director of budget and management may designate an 5,170
individual within the office of budget and management; the mayor 5,172
may designate a responsible official within his office or the 5,173
fiscal officer of the municipal corporation; the superintendent 5,174
of public instruction may designate an employee within the 5,175
department of education; and the superintendent of the school
district may designate an employee of the school district to 5,176
attend the meetings of the commission when the ex officio member 5,178
making the designation is absent or unable for any reason to 5,179
attend. A designee, when present, shall be counted in 5,181
determining whether a quorum is present at any meeting of the 5,182
commission and may vote and participate in all proceedings and 5,183
actions of the commission. The designations shall be in writing, 5,184
executed by the member making the designation, and filed with the 5,185
secretary of the commission. The designations may be changed 5,186
from time to time in like manner, but due regard shall be given 5,187
to the need for continuity.
(2) Three appointed members, who shall be appointed within 5,189
fifteen days after the declaration of the fiscal emergency, one 5,191
by the governor, one by the superintendent of public instruction, 5,192
and one by the mayor or county auditor who is a member of the 5,193
commission OF THE MUNICIPAL CORPORATION WITH THE LARGEST NUMBER 5,194
OF RESIDENTS LIVING WITHIN THE SCHOOL DISTRICT, EXCEPT THAT IF 5,195
MORE THAN FIFTY PER CENT OF THE RESIDENTS OF THE DISTRICT RESIDE 5,196
OUTSIDE THE MUNICIPAL CORPORATION CONTAINING THE GREATEST NUMBER 5,197
OF DISTRICT RESIDENTS OR IF THERE IS NO MUNICIPAL CORPORATION 5,198
LOCATED IN THE SCHOOL DISTRICT, THE COUNTY AUDITOR OF THE COUNTY
WITH THE LARGEST NUMBER OF RESIDENTS LIVING WITHIN THE SCHOOL 5,199
DISTRICT SHALL MAKE THE APPOINTMENT IN LIEU OF A MAYOR. All of 5,200
the appointed members shall serve at the pleasure of the 5,201
appointing authority during the life of the commission. In the 5,202
115
event of the death, resignation, incapacity, removal, or 5,203
ineligibility to serve of an appointed member, the appointing 5,204
authority shall appoint a successor within fifteen days after the 5,205
vacancy occurs.
(a) The member appointed by the governor and the member 5,207
appointed by the mayor or county auditor shall be an individual: 5,208
(i) Who has knowledge and experience in financial matters, 5,210
financial management, or business organization or operations, 5,211
including at least five years of experience in the public or 5,212
private sector in the management of business or financial 5,213
enterprise, or in management consulting, public accounting, or 5,214
other similar professional activity; 5,215
(ii) Whose residency, office, or principal place of 5,217
professional or business activity is situated within the school 5,219
district.
(b) The member appointed by the superintendent of public 5,221
instruction shall be a parent of a child currently enrolled in a 5,222
public school within the district. 5,223
(C) Immediately after appointment of the initial appointed 5,225
members of the commission, the superintendent of public 5,226
instruction shall call the first meeting of the commission and 5,227
shall cause written notice of the time, date, and place of the 5,228
first meeting to be given to each member of the commission at 5,229
least forty-eight hours in advance of the meeting. 5,230
(D) The superintendent of public instruction shall serve 5,232
as the commission's chairperson and the commission shall elect 5,233
one of its members as vice-chairperson and may appoint a 5,234
secretary and any other officers, who need not be members of the 5,235
commission, AS it considers necessary. 5,236
(E) The commission may adopt and alter bylaws and rules, 5,238
which shall not be subject to section 111.15 or Chapter 119. of 5,239
the Revised Code, for the conduct of its affairs and for the 5,240
manner, subject to this chapter, in which its powers and 5,241
functions shall be exercised and embodied.
116
(F) Four THREE members of the commission constitute a 5,243
quorum of the commission. The affirmative vote of four THREE 5,244
members of the commission is necessary for any action taken by 5,246
vote of the commission. No vacancy in the membership of the 5,247
commission shall impair the rights of a quorum by such vote to 5,248
exercise all the rights and perform all the duties of the 5,249
commission. Members of the commission, and their designees, are 5,250
not disqualified from voting by reason of the functions of the 5,251
other office they hold and are not disqualified from exercising 5,252
the functions of the other office with respect to the school 5,253
district, its officers, or the commission. 5,254
(G) THE AUDITOR OF STATE SHALL ACT AS THE FINANCIAL 5,256
SUPERVISOR FOR THE SCHOOL DISTRICT UNDER CONTRACT WITH THE 5,257
COMMISSION UNLESS THE AUDITOR OF STATE ELECTS TO CONTRACT FOR 5,258
THAT SERVICE. At the request of the commission the auditor of 5,259
state shall designate employees of the auditor of state's office 5,260
to assist the commission and to coordinate the work of the 5,261
auditor of state's office. Upon the declaration of a fiscal 5,262
emergency in any school district, the school district shall 5,264
provide the commission with such reasonable office space in the 5,265
principal building housing the administrative offices of the 5,266
school district, where feasible, as the commission determines is
necessary to carry out its duties under this chapter. 5,267
The attorney general shall serve as the legal counsel for 5,269
the commission.
(H) The members of the commission, the superintendent of 5,272
public instruction, the auditor of state, and any person 5,273
authorized to act on behalf of or assist them shall not be
personally liable or subject to any suit, judgment, or claim for 5,274
damages resulting from the exercise of or failure to exercise the 5,275
powers, duties, and functions granted to them in regard to their 5,276
functioning under this chapter, but the commission, the 5,277
superintendent of public instruction, the auditor of state, and 5,278
such other persons shall be subject to mandamus proceedings to 5,279
117
compel performance of their duties under this chapter. 5,280
(I) At the request of the commission the administrative 5,282
head of any state agency shall temporarily assign personnel 5,283
skilled in accounting and budgeting procedures to assist the 5,284
commission in its duties. 5,285
(J) The appointed members of the commission are not 5,287
subject to section 102.02 of the Revised Code, each appointed 5,288
member of the commission shall file with the commission a signed 5,289
written statement setting forth the general nature of sales of 5,290
goods, property, or services or of loans to the school district 5,291
with respect to which that commission is established, in which 5,292
the appointed member has a pecuniary interest or in which any 5,293
member of the appointed member's immediate family, as defined in 5,294
section 102.01 of the Revised Code, or any corporation, 5,295
partnership, or enterprise of which the appointed member is an
officer, director, or partner, or of which the appointed member 5,296
or a member of the appointed member's immediate family, as so 5,297
defined, owns more than a five per cent interest, has a pecuniary 5,299
interest, and of which sale, loan, or interest such member has 5,300
knowledge. The statement shall be supplemented from time to time 5,301
to reflect changes in the general nature of any such sales or 5,302
loans.
(K) Meetings of the commission shall be subject to section 5,304
121.22 of the Revised Code except that division (C) of such 5,305
section requiring members to be physically present to be part of 5,306
a quorum or vote does not apply if the commission holds a meeting 5,307
by teleconference and if provisions are made for public 5,308
attendance at any location involved in such teleconference.
Sec. 3316.06. (A) Within sixty ONE HUNDRED TWENTY days 5,321
after the first meeting of a school district financial planning 5,323
and supervision commission, the commission shall adopt a 5,324
financial recovery plan regarding the school district for which 5,325
the commission was created. During the formulation of the plan, 5,326
the commission shall seek appropriate input from the school
118
district board and from the community. This plan shall contain 5,327
the following:
(1) Actions to be taken to: 5,329
(a) Eliminate all fiscal emergency conditions declared to 5,332
exist pursuant to division (B) of section 3316.03 of the Revised
Code;
(b) Satisfy any judgments, past-due accounts payable, and 5,334
all past-due and payable payroll and fringe benefits; 5,335
(c) Eliminate the deficits in all deficit funds; 5,337
(d) Restore to special funds any moneys from such funds 5,339
that were used for purposes not within the purposes of such 5,341
funds, or borrowed from such funds by the purchase of debt 5,342
obligations of the school district with the moneys of such funds, 5,343
or missing from the special funds and not accounted for, if any; 5,344
(e) Balance the budget, avoid future deficits in any 5,346
funds, and maintain on a current basis payments of payroll, 5,347
fringe benefits, and all accounts; 5,348
(f) Avoid any fiscal emergency condition in the future; 5,350
(g) Restore the ability of the school district to market 5,352
long-term general obligation bonds under provisions of law 5,353
applicable to school districts generally. 5,354
(2) The management structure that will enable the school 5,356
district to take the actions enumerated in division (A)(1) of 5,357
this section. The plan shall specify the level of fiscal and 5,358
management control that the commission will exercise within the 5,359
school district during the period of fiscal emergency, and shall 5,360
enumerate respectively, the powers and duties of the commission 5,361
and the powers and duties of the school board during that period. 5,362
The commission may elect to assume any of the powers and duties
of the school board it considers necessary, including all powers 5,363
related to personnel, curriculum, and legal issues in order to 5,364
successfully implement the actions described in division (A)(1) 5,365
of this section.
(3) The target dates for the commencement, progress upon, 5,368
119
and completion of the actions enumerated in division (A)(1) of 5,369
this section and a reasonable period of time expected to be 5,370
required to implement the plan. The commission shall prepare a
reasonable time schedule for progress toward and achievement of 5,372
the requirements for the plan, and the plan shall be consistent 5,373
with that time schedule.
(4) The amount and purpose of any issue of debt 5,375
obligations that will be issued, together with assurances that 5,376
any such debt obligations that will be issued will not exceed 5,377
debt limits supported by appropriate certifications by the fiscal 5,378
officer of the school district and the county auditor. Debt 5,379
obligations issued pursuant to section 133.301 of the Revised 5,380
Code shall include assurances that such debt shall be in an 5,381
amount not to exceed the amount certified under division (B) of 5,382
such section. If the commission considers it necessary in order 5,385
to maintain or improve educational opportunities of pupils in the 5,386
school district, the plan may include a proposal to restructure
or refinance outstanding debt obligations incurred by the board 5,387
under section 3313.483 of the Revised Code contingent upon the 5,389
approval, during the period of the fiscal emergency, by district
voters of a tax levied under section 718.09, 718.10, 5705.194, 5,390
5705.21, 5748.02, or 5748.08 of the Revised Code, that is not a 5,392
renewal or replacement levy and that will provide new operating 5,393
revenue. Notwithstanding any provision of Chapter 133. or 5,395
sections 3313.483 through TO 3313.4811 of the Revised Code,
following the required approval of the district voters and with 5,397
the approval of the commission, the school district may issue 5,398
securities to evidence the restructuring or refinancing. Those 5,399
securities may extend the original period for repayment, not to 5,400
exceed ten years, and may alter the frequency and amount of 5,402
repayments, interest or other financing charges, and other terms 5,403
of agreements under which the debt originally was contracted, at 5,404
the discretion of the commission, provided that any loans 5,405
received pursuant to section 3313.483 of the Revised Code shall
120
be paid from funds the district would otherwise receive under 5,406
sections 3317.022 to 3317.025 of the Revised Code, as required 5,407
under division (E)(3) of section 3313.483 of the Revised Code. 5,408
The securities issued for the purpose of restructuring or 5,409
refinancing the debt shall be repaid in equal payments and at
equal intervals over the term of the debt and are not eligible to 5,410
be included in any subsequent proposal for the purpose of 5,411
restructuring or refinancing debt under this section. 5,412
(B) Any financial recovery plan may be amended subsequent 5,414
to its adoption. Each financial recovery plan shall be updated 5,415
annually.
Sec. 3317.01. As used in this section and section 3317.011 5,424
of the Revised Code, "school district," unless otherwise 5,425
specified, means any city, local, exempted village, joint 5,426
vocational, or cooperative education school district and any 5,428
educational service center.
This chapter shall be administered by the state board of 5,430
education. The superintendent of public instruction shall 5,431
calculate the amounts payable to each school district and shall 5,432
certify the amounts payable to each eligible district to the 5,433
treasurer of the district as provided by this chapter. No moneys 5,434
shall be distributed pursuant to this chapter without the 5,435
approval of the controlling board. 5,436
The state board of education shall, in accordance with 5,438
appropriations made by the general assembly, meet the financial 5,439
obligations of this chapter, except that moneys to meet the 5,440
financial obligations of section 3301.17 of the Revised Code 5,441
shall be supplemented from funds available to the state from the 5,442
United States or any agency or department thereof for a driver 5,443
education course of instruction. 5,444
Annually, the department of education shall calculate and 5,446
report to each school district the district's total state and 5,447
local funds for providing an adequate basic education to the 5,448
district's nonhandicapped students, utilizing the determination 5,449
121
in section 3317.012 of the Revised Code. In addition, the
department shall calculate and report separately for each school 5,450
district the district's total state and local funds for providng 5,451
an adequate education for its handicapped students, utilizing the 5,452
determinations in both sections 3317.012 and 3317.013 of the 5,453
Revised Code.
NOT LATER THAN THE THIRTY-FIRST DAY OF AUGUST OF EACH 5,455
FISCAL YEAR, THE DEPARTMENT OF EDUCATION SHALL PROVIDE TO EACH 5,456
SCHOOL DISTRICT AND COUNTY MR/DD BOARD A PRELIMINARY ESTIMATE OF 5,457
THE AMOUNT OF FUNDING THAT THE DEPARTMENT CALCULATES THE DISTRICT 5,459
WILL RECEIVE UNDER EACH OF DIVISIONS (C)(1) AND (5) OF SECTION 5,460
3317.022 OF THE REVISED CODE. NO LATER THAN THE FIRST DAY OF 5,461
DECEMBER OF EACH FISCAL YEAR, THE DEPARTMENT SHALL UPDATE THAT
PRELIMINARY ESTIMATE. 5,462
Moneys distributed pursuant to this chapter shall be 5,464
calculated and paid on a fiscal year basis, beginning with the 5,465
first day of July and extending through the thirtieth day of 5,466
June. The moneys appropriated for each fiscal year shall be 5,467
distributed at least monthly to each school district unless 5,468
otherwise provided for. The state board shall submit a yearly 5,469
distribution plan to the controlling board at its first meeting 5,471
in July. The state board shall submit any proposed midyear
revision of the plan to the controlling board in January. Any 5,473
year-end revision of the plan shall be submitted to the 5,474
controlling board in June. If moneys appropriated for each
fiscal year are distributed other than monthly, such distribution 5,475
shall be on the same basis for each school district. 5,476
The total amounts paid each month shall constitute, as 5,478
nearly as possible, one-twelfth of the total amount payable for 5,479
the entire year. Payments made during the first six months of 5,480
the fiscal year may be based on an estimate of the amounts 5,481
payable for the entire year. Payments made in the last six 5,482
months shall be based on the final calculation of the amounts 5,483
payable to each school district for that fiscal year. Payments 5,484
122
made in the last six months may be adjusted, if necessary, to 5,485
correct the amounts distributed in the first six months, and to 5,486
reflect enrollment increases when such are at least three per 5,487
cent. Except as otherwise provided, payments under this chapter 5,488
shall be made only to those school districts in which: 5,489
(A) The school district, except for any educational 5,492
service center and any joint vocational or cooperative education 5,493
school district, levies for current operating expenses at least 5,494
twenty mills. Levies for joint vocational or cooperative 5,496
education school districts or county school financing districts, 5,497
limited to or to the extent apportioned to current expenses, 5,498
shall be included in this qualification requirement. School 5,499
district income tax levies under Chapter 5748. of the Revised 5,500
Code, limited to or to the extent apportioned to current 5,501
operating expenses, shall be included in this qualification 5,502
requirement to the extent determined by the tax commissioner 5,503
under division (C) of section 3317.021 of the Revised Code. 5,504
(B) The school year next preceding the fiscal year for 5,506
which such payments are authorized meets the requirement of 5,507
section 3313.48 or 3313.481 of the Revised Code, with regard to 5,508
the minimum number of days or hours school must be open for 5,509
instruction with pupils in attendance, for individualized 5,510
parent-teacher conference and reporting periods, and for 5,511
professional meetings of teachers. This requirement shall be 5,512
waived by the superintendent of public instruction if it had been 5,513
necessary for a school to be closed because of disease epidemic, 5,514
hazardous weather conditions, inoperability of school buses or 5,515
other equipment necessary to the school's operation, damage to a 5,516
school building, or other temporary circumstances due to utility 5,517
failure rendering the school building unfit for school use, 5,518
provided that for those school districts operating pursuant to 5,519
section 3313.48 of the Revised Code the number of days the school 5,520
was actually open for instruction with pupils in attendance and 5,521
for individualized parent-teacher conference and reporting 5,522
123
periods is not less than one hundred seventy-five, or for those 5,523
school districts operating on a trimester plan the number of days 5,524
the school was actually open for instruction with pupils in 5,525
attendance not less than seventy-nine days in any trimester, for 5,526
those school districts operating on a quarterly plan the number 5,527
of days the school was actually open for instruction with pupils 5,528
in attendance not less than fifty-nine days in any quarter, or 5,529
for those school districts operating on a pentamester plan the 5,530
number of days the school was actually open for instruction with 5,531
pupils in attendance not less than forty-four days in any 5,532
pentamester.
A school district shall not be considered to have failed to 5,534
comply with this division or section 3313.481 of the Revised Code 5,535
because schools were open for instruction but either twelfth 5,536
grade students were excused from attendance for up to three days 5,537
or only a portion of the kindergarten students were in attendance 5,538
for up to three days in order to allow for the gradual 5,539
orientation to school of such students. 5,540
The superintendent of public instruction shall waive the 5,542
requirements of this section with reference to the minimum number 5,543
of days or hours school must be in session with pupils in 5,544
attendance for the school year succeeding the school year in 5,545
which a board of education initiates a plan of operation pursuant 5,546
to section 3313.481 of the Revised Code. The minimum 5,547
requirements of this section shall again be applicable to such a 5,548
district beginning with the school year commencing the second 5,549
July succeeding the initiation of one such plan, and for each 5,550
school year thereafter. 5,551
A school district shall not be considered to have failed to 5,553
comply with this division or section 3313.48 or 3313.481 of the 5,554
Revised Code because schools were open for instruction but the 5,555
length of the regularly scheduled school day, for any number of 5,556
days during the school year, was reduced by not more than two 5,557
hours due to hazardous weather conditions.
124
(C) The school district has on file, and is paying in 5,559
accordance with, a teachers' salary schedule which complies with 5,561
section 3317.13 of the Revised Code.
A board of education or governing board of an educational 5,563
service center which has not conformed with other law and the 5,565
rules pursuant thereto, shall not participate in the distribution 5,566
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 5,567
3317.16, 3317.17, and 3317.19 of the Revised Code, except for 5,568
good and sufficient reason established to the satisfaction of the 5,569
state board of education and the state controlling board. 5,570
All funds allocated to school districts under this chapter, 5,572
except those specifically allocated for other purposes, shall be 5,573
used to pay current operating expenses only. 5,574
Sec. 3317.014. THE AVERAGE VOCATIONAL EDUCATION ADDITIONAL 5,576
COST PER PUPIL CAN BE EXPRESSED AS A MULTIPLE OF THE BASE COST 5,577
PER PUPIL CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 5,578
THE MULTIPLES FOR THE FOLLOWING CATEGORIES OF VOCATIONAL 5,579
EDUCATION PROGRAMS ARE AS FOLLOWS: 5,580
(A) A MULTIPLE OF 0.60 FOR STUDENTS ENROLLED IN VOCATIONAL 5,582
EDUCATION JOB-TRAINING AND WORKFORCE DEVELOPMENT PROGRAMS 5,583
APPROVED BY THE DEPARTMENT OF EDUCATION IN ACCORDANCE WITH RULES 5,584
ADOPTED UNDER SECTION 3313.90 OF THE REVISED CODE. 5,585
(B) A MULTIPLE OF 0.30 FOR STUDENTS ENROLLED IN VOCATIONAL 5,587
EDUCATION CLASSES OTHER THAN JOB-TRAINING AND WORKFORCE 5,588
DEVELOPMENT PROGRAMS. 5,589
VOCATIONAL EDUCATION ASSOCIATED SERVICES COSTS CAN BE 5,591
EXPRESSED AS A MULTIPLE OF 0.05 OF THE BASE COST PER PUPIL 5,592
CALCULATED UNDER SECTION 3317.012 OF THE REVISED CODE. 5,593
Sec. 3317.02. As used in this chapter: 5,602
(A) Unless otherwise specified, "school district" means 5,604
city, local, and exempted village school districts. 5,605
(B) "Formula amount" means the base cost for the fiscal 5,607
year specified in section 3317.012 of the Revised Code, except 5,609
that to allow for the orderly phase-in of the increased funding 5,610
125
specified in that section, the formula amount for fiscal year 5,611
1999 shall be $3,851;, AND the formula amount for fiscal year 5,612
2000 shall be $4,038; and the formula amount for fiscal year 2001 5,613
shall be $4,226 4,052. Thereafter, the formula amount shall be 5,615
as specified in that section.
(C) "FTE basis" means a count of students based on 5,618
full-time equivalency, in accordance with rules adopted by the 5,619
department of education pursuant to section 3317.03 of the 5,620
Revised Code. In adopting its rules under this division, the 5,621
department shall provide for counting any student in a district's 5,622
category one, two, or three special education ADM OR IN CATEGORY 5,624
ONE OR TWO VOCATIONAL EDUCATION ADM in the same proportion the 5,625
student is counted in formula ADM. 5,626
(D)(1) "Formula ADM" means, FOR A CITY, LOCAL, OR EXEMPTED 5,629
VILLAGE SCHOOL DISTRICT, the number reported pursuant to division 5,631
(A) of section 3317.03 of the Revised Code, AND FOR A JOINT
VOCATIONAL SCHOOL DISTRICT, THE NUMBER REPORTED PURSUANT TO 5,632
DIVISION (D) OF THAT SECTION. 5,633
(2) "Three-year average formula ADM" means the average of 5,635
a school district's formula ADMs for the current and preceding 5,637
two fiscal years. However, as applicable in fiscal years 1999 5,638
and 2000, the three-year average FOR CITY, LOCAL, AND EXEMPTED 5,639
VILLAGE SCHOOL DISTRICTS shall be determined utilizing the FY 5,640
1997 ADM or FY 1998 ADM in lieu of formula ADM for fiscal year 5,641
1997 or 1998. IN FISCAL YEARS 2000 AND 2001, THE THREE-YEAR 5,642
AVERAGE FOR JOINT VOCATIONAL SCHOOL DISTRICTS SHALL BE DETERMINED 5,644
UTILIZING THE AVERAGE DAILY MEMBERSHIP REPORTED IN FISCAL YEARS
1998 AND 1999 UNDER DIVISION (D) OF SECTION 3317.03 OF THE 5,645
REVISED CODE IN LIEU OF FORMULA ADM FOR FISCAL YEARS 1998 AND 5,646
1999.
(E) "FY 1997 ADM" or "FY 1998 ADM" means the SCHOOL 5,649
district's average daily membership reported for the applicable 5,650
fiscal year under the version of division (A) of section 3317.03 5,651
of the Revised Code in effect during that fiscal year, adjusted 5,653
126
as follows:
(1) Minus the average daily membership of handicapped 5,656
preschool children;
(2) Minus one-half of the average daily membership 5,659
attending kindergarten;
(3) Minus three-fourths of the average daily membership 5,662
attending a joint vocational school district; 5,663
(4) Plus the average daily membership entitled under 5,665
section 3313.64 or 3313.65 of the Revised Code to attend school 5,667
in the district but receiving educational services in approved 5,668
units from an educational service center or another school 5,669
district under a compact or a cooperative education agreement, as 5,670
determined by the department;
(5) Minus the average daily membership receiving 5,672
educational services from the district in approved units but 5,673
entitled under section 3313.64 or 3313.65 of the Revised Code to 5,674
attend school in another school district, as determined by the 5,675
department.
(F)(1) "Category one special education ADM" means the 5,679
average daily membership of handicapped children receiving
special education services for those handicaps specified in 5,681
division (A) of section 3317.013 of the Revised Code and reported 5,682
under division (B)(5) OR (D)(2)(b) of section 3317.03 of the 5,685
Revised Code.
(2) "Category two special education ADM" means the average 5,689
daily membership of handicapped children receiving special 5,690
education services for those handicaps specified in division (B) 5,691
of section 3317.013 of the Revised Code and reported under
division (B)(6) OR (D)(2)(c) of section 3317.03 of the Revised 5,693
Code. 5,694
(3) "Category three special education ADM" means the 5,698
average daily membership of students receiving special education 5,699
services for students identified as autistic, having traumatic
brain injuries, or as both visually and hearing disabled as these 5,700
127
terms are defined pursuant to Chapter 3323. of the Revised Code, 5,701
and reported under division (B)(7) OR (D)(2)(d) of section 5,702
3317.03 of the Revised Code. 5,703
(4) "CATEGORY ONE VOCATIONAL EDUCATION ADM" MEANS THE 5,706
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL
EDUCATION SERVICES DESCRIBED IN DIVISION (A) OF SECTION 3317.014 5,707
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(8) OR 5,708
(D)(2)(e) OF SECTION 3317.03 OF THE REVISED CODE. 5,709
(5) "CATEGORY TWO VOCATIONAL EDUCATION ADM" MEANS THE 5,711
AVERAGE DAILY MEMBERSHIP OF STUDENTS RECEIVING VOCATIONAL 5,712
EDUCATION SERVICES DESCRIBED IN DIVISION (B) OF SECTION 3317.014 5,713
OF THE REVISED CODE AND REPORTED UNDER DIVISION (B)(9) OR 5,714
(D)(2)(f) OF SECTION 3317.03 OF THE REVISED CODE. 5,715
(G) "Handicapped preschool child" means a handicapped 5,718
child, as defined in section 3323.01 of the Revised Code, who is 5,719
at least age three but is not of compulsory school age, as 5,720
defined in section 3321.01 of the Revised Code, and who has not 5,721
entered kindergarten.
(H) "County MR/DD board" means a county board of mental 5,724
retardation and developmental disabilities. 5,725
(I) "Recognized valuation" means the amount calculated for 5,728
a school district pursuant to section 3317.015 of the Revised 5,729
Code.
(J) "Transportation ADM" means the number of children 5,732
reported under division (B)(9)(10) of section 3317.03 of the 5,733
Revised Code.
(K) "Most AVERAGE efficient transportation use cost per 5,735
transported student" for a district means a statistical 5,737
representation of transportation costs as calculated under 5,739
division (D)(4)(2) of section 3317.022 of the Revised Code. 5,740
(L) "Taxes charged and payable" means the taxes charged 5,742
and payable against real and public utility property after making 5,743
the reduction required by section 319.301 of the Revised Code, 5,744
plus the taxes levied against tangible personal property. 5,745
128
(M) "Total taxable value" means the sum of the amounts 5,748
certified for a city, local, exempted village, or joint 5,749
vocational school district under divisions (A)(1) and (2) of 5,750
section 3317.021 of the Revised Code.
(N)(1) "Cost-of-doing-business factor" means the amount 5,752
indicated in this division for the county in which the A CITY, 5,753
LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL SCHOOL district is 5,754
located, adjusted in accordance with division (N)(2) of this 5,756
section. If the A CITY, LOCAL, OR EXEMPTED VILLAGE SCHOOL
district is located in more than one county, the factor is the 5,758
amount indicated for the county to which the district is assigned 5,759
by the state department of education. IF A JOINT VOCATIONAL 5,760
SCHOOL DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE FACTOR IS
THE AMOUNT INDICATED FOR THE COUNTY IN WHICH THE JOINT VOCATIONAL 5,761
SCHOOL WITH THE GREATEST FORMULA ADM OPERATED BY THE DISTRICT IS 5,762
LOCATED. 5,763
COST-OF-DOING-BUSINESS 5,765
COUNTY FACTOR AMOUNT 5,766
Adams 1.0100 1.0074 5,767
Allen 1.0272 1.0217 5,768
Ashland 1.0362 1.0322 5,769
Ashtabula 1.0540 1.0480 5,770
Athens 1.0040 1.0046 5,771
Auglaize 1.0300 1.0255 5,772
Belmont 1.0101 1.0078 5,773
Brown 1.0218 1.0194 5,774
Butler 1.0662 1.0650 5,775
Carroll 1.0180 1.0166 5,776
Champaign 1.0432 1.0292 5,777
Clark 1.0489 1.0462 5,778
Clermont 1.0498 1.0510 5,779
Clinton 1.0287 1.0293 5,780
Columbiana 1.0320 1.0300 5,781
Coshocton 1.0224 1.0205 5,782
129
Crawford 1.0174 1.0152 5,783
Cuyahoga 1.0725 1.0697 5,784
Darke 1.0360 1.0340 5,785
Defiance 1.0214 1.0177 5,786
Delaware 1.0512 1.0339 5,787
Erie 1.0414 1.0391 5,788
Fairfield 1.0383 1.0358 5,789
Fayette 1.0281 1.0266 5,790
Franklin 1.0548 1.0389 5,791
Fulton 1.0382 1.0355 5,792
Gallia 1.0000 5,793
Geauga 1.0608 1.0568 5,794
Greene 1.0418 1.0406 5,795
Guernsey 1.0091 1.0072 5,796
Hamilton 1.0750 5,797
Hancock 1.0270 1.0224 5,798
Hardin 1.0384 1.0219 5,799
Harrison 1.0111 1.0098 5,800
Henry 1.0389 1.0347 5,801
Highland 1.0177 1.0139 5,802
Hocking 1.0164 1.0149 5,803
Holmes 1.0275 1.0237 5,804
Huron 1.0348 1.0317 5,805
Jackson 1.0176 1.0132 5,806
Jefferson 1.0090 1.0084 5,807
Knox 1.0276 1.0251 5,808
Lake 1.0627 1.0596 5,809
Lawrence 1.0154 1.0128 5,810
Licking 1.0418 1.0381 5,811
Logan 1.0376 1.0188 5,812
Lorain 1.0573 1.0535 5,813
Lucas 1.0449 1.0413 5,814
Madison 1.0475 1.0342 5,815
Mahoning 1.0465 1.0426 5,816
130
Marion 1.0289 1.0121 5,817
Medina 1.0656 1.0608 5,818
Meigs 1.0016 1.0031 5,819
Mercer 1.0209 1.0177 5,820
Miami 1.0456 1.0425 5,821
Monroe 1.0152 1.0118 5,822
Montgomery 1.0484 1.0482 5,823
Morgan 1.0168 1.0140 5,824
Morrow 1.0293 1.0268 5,825
Muskingum 1.0194 1.0167 5,826
Noble 1.0150 1.0129 5,827
Ottawa 1.0529 1.0510 5,828
Paulding 1.0216 1.0156 5,829
Perry 1.0185 1.0175 5,830
Pickaway 1.0350 1.0338 5,831
Pike 1.0146 1.0103 5,832
Portage 1.0595 1.0556 5,833
Preble 1.0523 1.0486 5,834
Putnam 1.0308 1.0253 5,835
Richland 1.0232 1.0205 5,836
Ross 1.0111 1.0089 5,837
Sandusky 1.0361 1.0336 5,838
Scioto 1.0082 1.0044 5,839
Seneca 1.0265 1.0240 5,840
Shelby 1.0274 1.0257 5,841
Stark 1.0330 1.0313 5,842
Summit 1.0642 1.0616 5,843
Trumbull 1.0465 1.0425 5,844
Tuscarawas 1.0109 1.0099 5,845
Union 1.0488 1.0330 5,846
Van Wert 1.0181 1.0126 5,847
Vinton 1.0065 1.0068 5,848
Warren 1.0678 1.0651 5,849
Washington 1.0124 1.0110 5,850
131
Wayne 1.0446 1.0406 5,851
Williams 1.0316 1.0268 5,852
Wood 1.0431 1.0405 5,853
Wyandot 1.0227 1.0191 5,854
(2) As used in this division, "multiplier" means the 5,859
number for the corresponding fiscal year as follows: 5,860
FISCAL YEAR OF THE 5,862
COMPUTATION MULTIPLIER 5,863
1998 9.6/7.5 5,865
1999 11.0/7.5 5,866
2000 12.4/7.5 5,867
2001 13.8/7.5 5,868
2002 15.2/7.5 5,869
2003 16.6/7.5 5,870
2004 and thereafter 18.0/7.5 5,871
Beginning in fiscal year 1998, the department shall 5,874
annually adjust the cost-of-doing-business factor for each county 5,876
in accordance with the following formula: 5,877
[(The cost-of-doing-business factor specified under 5,879
division (N)(1) of this section - 1) X (the multiplier 5,880
for the fiscal year of the calculation)< + 1 5,881
The result of such formula shall be the adjusted 5,883
cost-of-doing-business factor for that fiscal year. 5,884
(O) "Tax exempt value" of a school district means the 5,886
amount certified for a school district under division (A)(4) of 5,887
section 3317.021 of the Revised Code. 5,888
(P) "Potential value" of a school district means the 5,890
adjusted total taxable value of a school district plus the tax 5,892
exempt value of the district. 5,893
(Q) "District median income" means the median Ohio 5,895
adjusted gross income certified for a school district. On or 5,896
before the first day of July of each year, the tax commissioner 5,897
shall certify to the department of education for each city, 5,898
exempted village, and local school district the median Ohio 5,899
132
adjusted gross income of the residents of the school district 5,900
determined on the basis of tax returns filed for the second 5,901
preceding tax year by the residents of the district.
(R) "Statewide median income" means the median district 5,903
median income of all city, exempted village, and local school 5,905
districts in the state.
(S) "Income factor" for a city, exempted village, or local 5,907
school district means the quotient obtained by dividing that 5,908
district's median income by the statewide median income. 5,909
(T) Except as provided in division (B)(3) of section 5,912
3317.012 of the Revised Code, "valuation per pupil" for a city,
exempted village, or local school district means the district's 5,914
recognized valuation divided by the greater of the district's 5,915
formula ADM or three-year average formula ADM. 5,916
(U) Except as provided in section 3317.0213 of the Revised 5,919
Code, "adjusted valuation per pupil" means the amount calculated 5,920
in accordance with the following formula: 5,921
District valuation per pupil - [$60,000 X 5,923
(1 - district income factor)< 5,924
If the result of such formula is negative, the adjusted 5,926
valuation per pupil shall be zero. 5,927
(V) "Income adjusted valuation" means the product obtained 5,929
by multiplying the SCHOOL district's adjusted valuation per pupil 5,930
by the greater of the district's formula ADM or three-year 5,933
average formula ADM.
(W) Except as provided in division (A)(2) of section 5,936
3317.022 of the Revised Code, "adjusted total taxable value"
means one of the following: 5,937
(1) In any fiscal year that a SCHOOL district's income 5,939
factor is less than or equal to one, the amount calculated under 5,941
the following formula:
(Income adjusted valuation X 1/5 MULTIPLE) + 5,942
([recognized valuation X 4/5 (1-MULTIPLE)< 5,944
WHERE "MULITPLE" MEANS THE NUMBER FOR THE CORRESPONDING 5,946
133
FISCAL YEAR AS FOLLOWS: 5,947
FISCAL YEAR OF THE 5,949
COMPUTATION MULTIPLE 5,950
2000 1/5 5,953
2001 AND THEREAFTER 4/15 5,954
(2) In fiscal year 1999, if a SCHOOL district's income 5,958
factor is greater than one, the amount calculated under the 5,959
following formula: 5,960
(Income adjusted valuation X 1/15) 5,961
+ (recognized valuation X 14/15) 5,962
Thereafter, the adjusted total taxable value of a district 5,964
with an income factor greater than one shall be its recognized 5,966
valuation.
Sec. 3317.022. (A)(1) The department of education shall 5,975
compute and distribute state basic aid BASE COST FUNDING to each 5,977
school district for the fiscal year in accordance with the
following formula, using adjusted total taxable value as defined 5,979
under division (W) of IN section 3317.02 of the Revised Code or 5,980
division (A)(2) of this section and the information obtained 5,982
under section 3317.021 of the Revised Code in the calendar year 5,983
in which the fiscal year begins.
Compute the following for each eligible district: 5,985
[cost-of-doing-business factor X 5,986
the formula amount X (the greater of formula ADM 5,987
or three-year average formula ADM)< - 5,988
(.023 X adjusted total taxable value) 5,989
If the difference obtained is a negative number, the 5,991
district's computation shall be zero. 5,992
(2)(a) For each school district for which the tax exempt 5,994
value of the district equals or exceeds twenty-five per cent of 5,995
the potential value of the district, the department of education 5,996
shall calculate the difference between the district's tax exempt 5,997
value and twenty-five per cent of the district's potential value. 5,998
(b) For each school district to which division (A)(2)(a) 6,001
134
of this section applies, the adjusted total taxable value used in 6,002
the calculation under division (A)(1) of this section shall be 6,003
the adjusted total taxable value modified by subtracting the 6,004
amount calculated under division (A)(2)(a) of this section. 6,005
(B) As used in division (C) of this section: 6,007
(1) The "total special education weight" for a district 6,009
means the sum of the following amounts: 6,010
(a) The district's category one special education ADM 6,012
multiplied by the multiple specified under division (A) of 6,015
section 3317.013 of the Revised Code;
(b) The sum of the district's category two and category 6,017
three special education ADMs multiplied by the multiple specified 6,019
under division (B) of section 3317.013 of the Revised Code. 6,020
(2) "State share percentage" means the percentage 6,022
calculated for a district as follows: 6,023
(a) Calculate the basic aid STATE BASE COST FUNDING amount 6,025
for the district for the fiscal year under division (A) of this 6,027
section. If the district would not receive any state basic aid 6,028
BASE COST FUNDING for that year under that division, the 6,030
district's state share percentage is zero.
(b) If the district would receive basic aid STATE BASE 6,032
COST FUNDING under that division, divide that basic aid amount by 6,034
an amount equal to the following: 6,035
Cost-of-doing-business factor X 6,037
the formula amount X (the greater of formula 6,038
ADM or three-year average formula ADM) 6,039
The resultant number is the district's state share 6,041
percentage. 6,042
(3) "Related services" includes: 6,044
(a) Child study, special education supervisors and 6,046
coordinators, speech and hearing services, adaptive physical 6,047
development services, occupational or physical therapy, teacher 6,049
assistants for handicapped children whose handicaps are described 6,050
in division (B) of section 3317.013 or division (F)(3) of section 6,051
135
3317.02 of the Revised Code, behavioral intervention, interpreter 6,053
services, work study, nursing services, and specialized 6,054
integrative services as those terms are defined by the
department;
(b) Speech and language services provided to any student 6,057
with a handicap, including any student whose primary or only 6,058
handicap is a speech and language handicap;
(c) Any related service not specifically covered by other 6,061
state funds but specified in federal law, including but not 6,062
limited to, audiology and school psychological services;
(d) Any service included in units funded under former 6,065
division (O)(1) of section 3317.023 of the Revised Code; 6,066
(e) Any other related service needed by handicapped 6,069
children in accordance with their individualized education plans. 6,070
(4) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A DISTRICT 6,072
MEANS THE SUM OF THE FOLLOWING AMOUNTS: 6,073
(a) THE DISTRICT'S CATEGORY ONE VOCATIONAL EDUCATION ADM 6,075
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (A) OF SECTION 6,076
3317.014 OF THE REVISED CODE; 6,077
(b) THE DISTRICT'S CATEGORY TWO VOCATIONAL EDUCATION ADM 6,079
MULTIPLIED BY THE MULTIPLE SPECIFIED IN DIVISION (B) OF SECTION 6,080
3317.014 OF THE REVISED CODE. 6,081
(C)(1) The department shall compute and distribute state 6,083
special education and related services additional weighted costs 6,084
funds to each school district in accordance with the following 6,085
formula:
The district's state share percentage 6,087
X the formula amount for the year 6,088
for which the aid is calculated 6,089
X the district's total special education weight 6,090
(2) In any fiscal year, a school district receiving funds 6,092
under division (C)(1) of this section shall spend on related 6,094
services the lesser of the following: 6,095
(a) The amount the district spent on related services in 6,098
136
the preceding fiscal year;
(b) 1/8 X §[cost-of-doing-business factor X the formula 6,101
amount X (the category one special education ADM + category two 6,102
special education ADM + category three special education ADM)< + 6,104
the amount calculated for the fiscal year under division (C)(1) 6,106
of this section + the local share of special education and 6,107
related services additional weighted costs 6,108
(3) The local share of special education and related 6,110
services additional weighted costs equals: 6,111
(1 - the district's state share percentage) X 6,113
the district's total special education weight X 6,114
the formula amount 6,115
(4) The department shall compute and pay in accordance 6,118
with this division additional state aid to school districts for 6,119
students in category three special education ADM. If a 6,120
district's costs for the fiscal year for a student in its 6,121
category three special education ADM are twenty-five thousand 6,123
dollars or more, the district may submit to the superintendent of 6,124
public instruction documentation, as prescribed by the 6,125
superintendent, of all its costs for that student. Upon 6,126
submission of documentation for a student of the type and in the 6,127
manner prescribed, the department shall pay to the district an 6,128
amount equal to the district's costs for the student in excess of 6,129
twenty-five thousand dollars multiplied by the district's state 6,130
share percentage.
THE DISTRICT SHALL ONLY REPORT, AND THE DEPARTMENT SHALL 6,132
ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE RELATED 6,133
SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE STUDENT'S 6,134
INDIVIDUALIZED EDUCATION PROGRAM. ANY LEGAL FEES, COURT COSTS, 6,135
OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION RELATING TO 6,136
THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT. 6,137
(5)(a) AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE" 6,139
MEANS TWENTY-FIVE THOUSAND DOLLARS IN FISCAL YEAR 2000 AND THIRTY 6,140
THOUSAND DOLLARS IN FISCAL YEAR 2001. 6,141
137
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 6,143
FOR NO OTHER PURPOSE, THE DEPARTMENT OF EDUCATION SHALL PAY EACH 6,144
SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE FOLLOWING FORMULA: 6,145
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 6,148
ALLOWANCE X THE STATE SHARE PERCENTAGE 6,149
(6) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS 6,151
UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS 6,152
ONLY FOR THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED 6,153
FOR SPECIAL EDUCATION EXPENSES. 6,154
(D)(1) As used in this division, "log density" means the 6,156
logarithmic calculation (base 10) of each district's 6,157
transportation ADM per linear mile: 6,158
(a) "DAILY BUS MILES PER STUDENT" EQUALS THE NUMBER OF BUS 6,160
MILES TRAVELED PER DAY, DIVIDED BY TRANSPORTATION BASE. 6,161
(b) "TRANSPORTATION BASE" EQUALS TOTAL STUDENT COUNT AS 6,163
DEFINED IN SECTION 3301.011 OF THE REVISED CODE, MINUS THE NUMBER 6,164
OF STUDENTS ENROLLED IN PRESCHOOL HANDICAPPED UNITS, PLUS THE 6,165
NUMBER OF NONPUBLIC SCHOOL STUDENTS INCLUDED IN TRANSPORTATION 6,166
ADM.
(c) "TRANSPORTED STUDENT PERCENTAGE" EQUALS TRANSPORTATION 6,168
ADM DIVIDED BY TRANSPORTATION BASE. 6,169
(d) "TRANSPORTATION COST PER STUDENT" EQUALS TOTAL 6,171
OPERATING COSTS FOR BOARD-OWNED OR CONTRACTOR-OPERATED SCHOOL 6,172
BUSES DIVIDED BY TRANSPORTATION BASE. 6,173
(2) ANALYSIS OF STUDENT TRANSPORTATION COST DATA HAS 6,175
RESULTED IN A FINDING THAT AN AVERAGE EFFICIENT TRANSPORTATION 6,176
USE COST PER STUDENT CAN BE CALCULATED BY MEANS OF A REGRESSION 6,177
FORMULA THAT HAS AS ITS TWO INDEPENDENT VARIABLES THE NUMBER OF 6,178
DAILY BUS MILES PER STUDENT AND THE TRANSPORTED STUDENT 6,179
PERCENTAGE. FOR FISCAL YEAR 1997 TRANSPORTATION COST DATA, THE 6,180
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IS 6,181
EXPRESSED AS FOLLOWS:
50.67477 + (140.94357 X DAILY BUS MILES PER STUDENT) + 6,183
(108.36864 X TRANSPORTED STUDENT PERCENTAGE) 6,184
138
THE DEPARTMENT OF EDUCATION SHALL ANNUALLY DETERMINE THE 6,186
AVERAGE EFFICIENT TRANSPORTATION USE COST PER STUDENT IN 6,187
ACCORDANCE WITH THE PRINCIPLES STATED IN DIVISION (D)(2) OF THIS 6,188
SECTION, UPDATING THE INTERCEPT AND REGRESSION COEFFICIENTS OF 6,189
THE REGRESSION FORMULA MODELED IN THIS DIVISION, BASED ON AN 6,190
ANNUAL STATEWIDE ANALYSIS OF EACH SCHOOL DISTRICT'S DAILY BUS 6,191
MILES PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, AND 6,192
TRANSPORTATION COST PER STUDENT DATA. THE DEPARTMENT SHALL 6,193
CONDUCT THE ANNUAL UPDATE USING DATA, INCLUDING DAILY BUS MILES 6,194
PER STUDENT, TRANSPORTED STUDENT PERCENTAGE, AND TRANSPORTATION 6,195
COST PER STUDENT DATA, FROM THE PRIOR FISCAL YEAR. THE 6,196
DEPARTMENT SHALL NOTIFY THE OFFICE OF BUDGET AND MANAGEMENT OF
SUCH UPDATE BY THE FIFTEENTH DAY OF FEBRUARY OF EACH YEAR. 6,197
(3) In addition to funds paid under divisions (A) and, 6,200
(C), AND (E) of this section, each district WITH A TRANSPORTED 6,201
STUDENT PERCENTAGE GREATER THAN ZERO shall receive a payment 6,202
equal to sixty per cent A PERCENTAGE of THE PRODUCT OF the 6,203
district's transportation ADM BASE FROM THE PRIOR FISCAL YEAR 6,204
times the district's most ANNUALLY UPDATED AVERAGE efficient 6,206
transportation use cost per transported student, TIMES AN 6,207
INFLATION FACTOR OF TWO AND EIGHT TENTHS PER CENT TO ACCOUNT FOR 6,208
THE ONE-YEAR DIFFERENCE BETWEEN THE DATA USED IN UPDATING THE 6,209
FORMULA AND CALCULATING THE PAYMENT AND THE YEAR IN WHICH THE 6,210
PAYMENT IS MADE. The percentage shall be the following 6,213
percentage of that product specified for
(3) In fiscal years 1999 through 2002, notwithstanding the 6,215
amount calculated for each district under division (D)(2) of this 6,216
section, each district shall receive in the corresponding fiscal 6,217
year the following percentage of the district's transportation 6,219
ADM times the district's most efficient transportation use cost 6,220
per transported student:
FISCAL YEAR PERCENTAGE 6,222
1999 50% 6,223
2000 52.5% 6,224
139
2001 55% 6,225
2002 57.5% 6,226
2003 AND THEREAFTER 60% 6,227
THE PAYMENTS MADE UNDER DIVISION (D)(3) OF THIS SECTION 6,230
EACH YEAR SHALL BE CALCULATED BASED ON ALL OF THE SAME PRIOR 6,231
YEAR'S DATA USED TO UPDATE THE FORMULA. 6,232
(4) For purposes of funding the student transportation 6,235
portion, the department of education shall determine the most 6,236
efficient transportation use cost per transported student for 6,238
each school district. This cost per student shall be an amount 6,240
equal to the number ten to a power calculated in accordance with 6,241
the following formula:
(-0.413148 X log density) + 2.493129 6,242
(5) The department of education shall annually update the 6,245
most efficient transportation use cost per transported student 6,246
for each district in accordance with the formula in division 6,248
(D)(4) of this section, including the figures and log density 6,250
component of that formula, based on an annual statewide analysis 6,251
of each district's transportation ADM per linear mile, and shall 6,254
notify the office of budget and management of such update by 6,255
September of every year. 6,256
The department of education shall use the most recent 6,258
available data as of the first day of July of each year to 6,260
complete the annual update. The department shall apply a 2.8 per 6,261
cent inflation cost adjustment factor for each fiscal year since 6,263
the fiscal year for which the data applies to adjust the amount 6,264
calculated for each district under division (D)(2) or (3) of this 6,265
section to the current fiscal year level.
NOTWITHSTANDING DIVISIONS (D)(2) AND (3) OF THIS SECTION, 6,268
IN FISCAL YEAR 2000, EACH SCHOOL DISTRICT SHALL RECEIVE THE 6,269
GREATER OF THE AMOUNT CALCULATED FOR IT UNDER THOSE DIVISIONS OR 6,270
THE AMOUNT THE DISTRICT RECEIVED IN FISCAL YEAR 1999 UNDER 6,271
DIVISIONS (D)(2) TO (4) OF THE VERSION OF THIS SECTION IN EFFECT 6,272
FOR THAT FISCAL YEAR AND DIVISION (B) OF SECTION 20 OF AM. SUB. 6,274
140
H.B. 650 OF THE 122nd GENERAL ASSEMBLY. 6,276
(5) IN ADDITION TO FUNDS PAID UNDER DIVISIONS (D)(2) TO 6,278
(4) OF THIS SECTION, A SCHOOL DISTRICT SHALL RECEIVE A ROUGH ROAD 6,279
SUBSIDY IF BOTH OF THE FOLLOWING APPLY: 6,280
(a) ITS COUNTY ROUGH ROAD PERCENTAGE IS HIGHER THAN THE 6,282
STATEWIDE ROUGH ROAD PERCENTAGE, AS THOSE TERMS ARE DEFINED IN 6,283
DIVISION (D)(6) OF THIS SECTION; 6,284
(b) ITS DISTRICT STUDENT DENSITY IS LOWER THAN THE 6,287
STATEWIDE STUDENT DENSITY, AS THOSE TERMS ARE DEFINED IN THAT 6,288
DIVISION.
(6) THE ROUGH ROAD SUBSIDY PAID TO EACH DISTRICT MEETING 6,290
THE QUALIFICATIONS OF DIVISION (D)(5) OF THIS SECTION SHALL BE 6,291
CALCULATED IN ACCORDANCE WITH THE FOLLOWING FORMULA: 6,292
(PER ROUGH MILE SUBSIDY X TOTAL ROUGH ROAD MILES) X 6,295
DENSITY MULTIPLIER 6,296
WHERE: 6,298
(a) "PER ROUGH MILE SUBSIDY" EQUALS THE AMOUNT CALCULATED 6,300
IN ACCORDANCE WITH THE FOLLOWING FORMULA: 6,301
0.75 - §0.75 X [(MAXIMUM ROUGH ROAD PERCENTAGE - COUNTY 6,304
ROUGH ROAD PERCENTAGE)/(MAXIMUM ROUGH ROAD PERCENTAGE - 6,305
STATEWIDE ROUGH ROAD PERCENTAGE)< 6,306
(i) "MAXIMUM ROUGH ROAD PERCENTAGE" MEANS THE HIGHEST 6,308
COUNTY ROUGH ROAD PERCENTAGE IN THE STATE. 6,309
(ii) "COUNTY ROUGH ROAD PERCENTAGE" EQUALS THE PERCENTAGE 6,311
OF THE MILEAGE OF STATE, MUNICIPAL, COUNTY, AND TOWNSHIP ROADS 6,312
THAT IS RATED BY THE DEPARTMENT OF TRANSPORTATION AS TYPE A, B, 6,314
C, E2, OR F IN THE COUNTY IN WHICH THE SCHOOL DISTRICT IS LOCATED 6,315
OR, IF THE DISTRICT IS LOCATED IN MORE THAN ONE COUNTY, THE 6,316
COUNTY TO WHICH IT IS ASSIGNED FOR PURPOSES OF DETERMINING ITS 6,317
COST-OF-DOING-BUSINESS FACTOR. 6,318
(iii) "STATEWIDE ROUGH ROAD PERCENTAGE" MEANS THE 6,320
PERCENTAGE OF THE STATEWIDE TOTAL MILEAGE OF STATE, MUNICIPAL, 6,321
COUNTY, AND TOWNSHIP ROADS THAT IS RATED AS TYPE A, B, C, E2, OR 6,322
F BY THE DEPARTMENT OF TRANSPORTATION. 6,323
141
(b) "TOTAL ROUGH ROAD MILES" MEANS A SCHOOL DISTRICT'S 6,325
TOTAL BUS MILES TRAVELED IN ONE YEAR TIMES ITS COUNTY ROUGH ROAD 6,326
PERCENTAGE.
(c) "DENSITY MULTIPLIER" MEANS A FIGURE CALCULATED IN 6,328
ACCORDANCE WITH THE FOLLOWING FORMULA: 6,329
1 - [(MINIMUM STUDENT DENSITY - DISTRICT STUDENT 6,331
DENSITY)/(MINIMUM STUDENT DENSITY - 6,332
STATEWIDE STUDENT DENSITY)< 6,333
(i) "MINIMUM STUDENT DENSITY" MEANS THE LOWEST DISTRICT 6,335
STUDENT DENSITY IN THE STATE. 6,336
(ii) "DISTRICT STUDENT DENSITY" MEANS A SCHOOL DISTRICT'S 6,338
TRANSPORTATION BASE DIVIDED BY THE NUMBER OF SQUARE MILES IN THE 6,339
DISTRICT. 6,340
(iii) "STATEWIDE STUDENT DENSITY" MEANS THE SUM OF THE 6,342
TRANSPORTATION BASES FOR ALL SCHOOL DISTRICTS DIVIDED BY THE SUM 6,343
OF THE SQUARE MILES IN ALL SCHOOL DISTRICTS. 6,344
(7) In addition to funds paid under division DIVISIONS 6,346
(D)(2) or (3) TO (6) of this section, each district shall receive 6,348
in accordance with rules adopted by the state board of education
a payment for students transported by means other than 6,350
board-owned or contractor-operated buses and whose transportation 6,351
is not funded under division (J) of section 3317.024 of the 6,352
Revised Code. The rules shall include provisions for school 6,353
district reporting of such students.
(E)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 6,355
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 6,357
SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING FORMULA: 6,358
STATE SHARE PERCENTAGE X 6,359
THE FORMULA AMOUNT X 6,360
TOTAL VOCATIONAL EDUCATION WEIGHT 6,361
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 6,363
DIVISION (E)(1) OF THIS SECTION SHALL SPEND THOSE FUNDS ONLY FOR 6,364
THE PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 6,365
VOCATIONAL EDUCATION EXPENSES. 6,366
142
(2) THE DEPARTMENT SHALL COMPUTE FOR EACH SCHOOL DISTRICT 6,369
STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED SERVICES IN
ACCORDANCE WITH THE FOLLOWING FORMULA: 6,370
STATE SHARE PERCENTAGE X .05 X THE FORMULA AMOUNT X THE SUM OF 6,373
CATEGORIES ONE AND TWO VOCATIONAL EDUCATION ADM 6,376
IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER 6,378
DIVISION (E)(2) OF THIS SECTION, OR THROUGH A TRANSFER OF FUNDS 6,379
PURSUANT TO DIVISION (L) OF SECTION 3317.023 OF THE REVISED CODE, 6,380
SHALL SPEND THOSE FUNDS ONLY FOR THE PURPOSES THAT THE DEPARTMENT 6,382
DESIGNATES AS APPROVED FOR VOCATIONAL EDUCATION ASSOCIATED 6,383
SERVICES EXPENSES, WHICH MAY INCLUDE SUCH PURPOSES AS 6,384
APPRENTICESHIP COORDINATORS, COORDINATORS FOR OTHER VOCATIONAL 6,385
EDUCATION SERVICES, VOCATIONAL EVALUATION, AND OTHER PURPOSES 6,386
DESIGNATED BY THE DEPARTMENT. THE DEPARTMENT MAY DENY PAYMENT 6,387
UNDER DIVISION (E)(2) OF THIS SECTION TO ANY DISTRICT THAT THE 6,388
DEPARTMENT DETERMINES IS NOT OPERATING THOSE SERVICES OR IS USING 6,389
FUNDS PAID UNDER DIVISION (E)(2) OF THIS SECTION, OR THROUGH A 6,390
TRANSFER OF FUNDS PURSUANT TO DIVISION (L) OF SECTION 3317.023 OF 6,391
THE REVISED CODE, FOR OTHER PURPOSES. 6,392
IN FISCAL YEARS 2000 AND 2001, EACH SCHOOL DISTRICT SHALL 6,394
CONTINUE TO OFFER THE SAME NUMBER OF THE VOCATIONAL EDUCATION 6,395
PROGRAMS THAT THE DISTRICT OFFERED IN FISCAL YEAR 1999, UNLESS 6,396
THE DEPARTMENT OF EDUCATION EXPRESSLY AGREES THAT THE DISTRICT 6,397
DOES NOT HAVE TO OFFER A PARTICULAR PROGRAM IN EITHER FISCAL YEAR 6,398
2000 OR 2001 OR BOTH. 6,399
Sec. 3317.023. (A) Notwithstanding section 3317.022 of 6,408
the Revised Code, the amounts required to be paid to a district 6,409
under this chapter shall be adjusted by the amount of the 6,411
computations made under divisions (B) to (K) of this section. 6,412
As used in this section: 6,414
(1) "Classroom teacher" means a licensed employee who 6,416
provides direct instruction to pupils, excluding teachers funded 6,417
from money paid to the district from federal sources; educational 6,418
service personnel; and vocational and special education teachers. 6,419
143
(2) "Educational service personnel" shall not include such 6,421
specialists funded from money paid to the district from federal 6,422
sources or assigned full-time to vocational or special education 6,423
students and classes and may only include those persons employed 6,424
in the eight specialist areas in a pattern approved by the 6,425
department of education under guidelines established by the state 6,426
board of education. 6,427
(3) "Annual salary" means the annual base salary stated in 6,429
the state minimum salary schedule for the performance of the 6,430
teacher's regular teaching duties that the teacher earns for 6,431
services rendered for the first full week of October of the 6,432
fiscal year for which the adjustment is made under division (C) 6,434
of this section. It shall not include any salary payments for
supplemental teachers contracts. 6,435
(4) "Regular student population" means the formula ADM 6,437
plus the number of students reported as enrolled in the district 6,438
pursuant to division (A)(1) of section 3313.981 of the Revised 6,439
Code; minus the number of students reported under disvision 6,441
DIVISION (A)(2) of section 3317.03 of the Revised Code; minus the 6,442
FTE of students reported under division (B)(5), (6), (7), or (8), 6,443
OR (9) of that section who are enrolled in a vocational education 6,445
class or receiving special education; and minus one-fourth of the 6,446
students enrolled concurrently in a joint vocational school 6,447
district.
(5) "STATE SHARE PERCENTAGE" HAS THE SAME MEANING AS IN 6,449
SECTION 3317.022 OF THE REVISED CODE. 6,450
(6) "VEPD" MEANS A SCHOOL DISTRICT OR GROUP OF SCHOOL 6,452
DISTRICTS DESIGNATED BY THE DEPARTMENT OF EDUCATION AS BEING 6,453
RESPONSIBLE FOR THE PLANNING FOR AND PROVISION OF VOCATIONAL 6,454
EDUCATION SERVICES TO STUDENTS WITHIN THE DISTRICT OR GROUP. 6,455
(7) "LEAD DISTRICT" MEANS A SCHOOL DISTRICT, INCLUDING A 6,457
JOINT VOCATIONAL SCHOOL DISTRICT, DESIGNATED BY THE DEPARTMENT AS 6,458
A VEPD, OR DESIGNATED TO PROVIDE PRIMARY VOCATIONAL EDUCATION 6,459
LEADERSHIP WITHIN A VEPD COMPOSED OF A GROUP OF DISTRICTS. 6,460
144
(B) If the district employs less than one full-time 6,462
equivalent classroom teacher for each twenty-five pupils in the 6,464
regular student population in any school district, deduct the sum
of the amounts obtained from the following computations: 6,466
(1) Divide the number of the district's full-time 6,468
equivalent classroom teachers employed by one twenty-fifth; 6,469
(2) Subtract the quotient in (1) from the district's 6,471
regular student population; 6,472
(3) Multiply the difference in (2) by seven hundred 6,474
fifty-two dollars. 6,475
(C) If a positive amount, add one-half of the amount 6,477
obtained by multiplying the number of full-time equivalent 6,478
classroom teachers by: 6,479
(1) The mean annual salary of all full-time equivalent 6,481
classroom teachers employed by the district at their respective 6,482
training and experience levels minus; 6,483
(2) The mean annual salary of all such teachers at their 6,485
respective levels in all school districts receiving payments 6,486
under this section. 6,487
The number of full-time equivalent classroom teachers used 6,489
in this computation shall not exceed one twenty-fifth of the 6,490
district's regular student population. In calculating the 6,492
district's mean salary under this division, those full-time 6,493
equivalent classroom teachers with the highest training level 6,494
shall be counted first, those with the next highest training 6,495
level second, and so on, in descending order. Within the 6,496
respective training levels, teachers with the highest years of 6,497
service shall be counted first, the next highest years of service 6,498
second, and so on, in descending order.
(D) This division does not apply to a school district that 6,500
has entered into an agreement under division (A) of section 6,501
3313.42 of the Revised Code. Deduct the amount obtained from the 6,502
following computations if the district employs fewer than five 6,503
full-time equivalent educational service personnel, including 6,504
145
elementary school art, music, and physical education teachers, 6,505
counselors, librarians, visiting teachers, school social workers, 6,506
and school nurses for each one thousand pupils in the regular 6,508
student population: 6,509
(1) Divide the number of full-time equivalent educational 6,511
service personnel employed by the district by five 6,512
one-thousandths; 6,513
(2) Subtract the quotient in (1) from the district's 6,515
regular student population; 6,516
(3) Multiply the difference in (2) by ninety-four dollars. 6,518
(E) If a local school district, or a city or exempted 6,520
village school district to which a governing board of an 6,522
educational service center provides services pursuant to section 6,523
3313.843 of the Revised Code, deduct the amount of the payment 6,524
required for the reimbursement of the governing board under 6,525
section 3317.11 of the Revised Code. 6,526
(F)(1) If the district is required to pay to or entitled 6,528
to receive tuition from another school district under division 6,529
(C)(2) or (3) of section 3313.64 or section 3313.65 of the 6,530
Revised Code, or if the superintendent of public instruction is 6,531
required to determine the correct amount of tuition and make a 6,532
deduction or credit under section 3317.08 of the Revised Code, 6,533
deduct and credit such amounts as provided in division (I) of 6,534
section 3313.64 or section 3317.08 of the Revised Code. 6,535
(2) For each child for whom the district is responsible 6,537
for tuition or payment under division (A)(1) of section 3317.082 6,538
or section 3323.091 of the Revised Code, deduct the amount of 6,540
tuition or payment for which the district is responsible.
(G) If the district has been certified by the 6,542
superintendent of public instruction under section 3313.90 of the 6,543
Revised Code as not in compliance with the requirements of that 6,544
section, deduct an amount equal to ten per cent of the amount 6,545
computed for the district under section 3317.022 of the Revised 6,546
Code. 6,547
146
(H) If the district has received a loan from a commercial 6,550
lending institution for which payments are made by the 6,551
superintendent of public instruction pursuant to division (E)(3) 6,552
of section 3313.483 of the Revised Code, deduct an amount equal 6,553
to such payments. 6,554
(I)(1) If the district is a party to an agreement entered 6,556
into under division (D), (E), or (F) of section 3311.06 or 6,557
division (B) of section 3311.24 of the Revised Code and is 6,558
obligated to make payments to another district under such an 6,559
agreement, deduct an amount equal to such payments if the 6,560
district school board notifies the department in writing that it 6,561
wishes to have such payments deducted. 6,562
(2) If the district is entitled to receive payments from 6,564
another district that has notified the department to deduct such 6,565
payments under division (I)(1) of this section, add the amount of 6,567
such payments. 6,568
(J) If the district is required to pay an amount of funds 6,570
to a cooperative education district pursuant to a provision 6,571
described by division (B)(4) of section 3311.52 or division 6,572
(B)(8) of section 3311.521 of the Revised Code, deduct such 6,573
amounts as provided under that provision and credit those amounts 6,574
to the cooperative education district for payment to the district 6,575
under division (B)(1) of section 3317.19 of the Revised Code. 6,576
(K)(1) If a district is educating a student entitled to 6,578
attend school in another district pursuant to a shared education 6,579
contract, compact, or cooperative education agreement other than 6,580
an agreement entered into pursuant to section 3313.842 of the 6,581
Revised Code, credit to that educating district on an FTE basis 6,582
both of the following:
(a) An amount equal to the formula amount times the cost 6,584
of doing business factor of the school district where the student 6,585
is entitled to attend school pursuant to section 3313.64 or 6,586
3313.65 of the Revised Code; 6,587
(b) An amount equal to the formula amount times the state 6,589
147
share percentage times any multiple applicable to the student 6,590
pursuant to section 3317.013 OR 3317.014 of the Revised Code. 6,591
(2) Deduct any amount credited pursuant to division (K)(1) 6,593
of this section from amounts paid to the school district in which 6,594
the student is entitled to attend school pursuant to section 6,595
3313.64 or 3313.65 of the Revised Code. 6,596
(3) If the district is required by a shared education 6,598
contract, compact, or cooperative education agreement to make 6,599
payments to an educational service center, deduct the amounts 6,600
from payments to the district and add them to the amounts paid to 6,601
the service center pursuant to section 3317.11 of the Revised
Code. 6,602
(L)(1) IF A DISTRICT, INCLUDING A JOINT VOCATIONAL SCHOOL 6,604
DISTRICT, IS A LEAD DISTRICT OF A VEPD, CREDIT TO THAT DISTRICT 6,605
THE AMOUNTS CALCULATED FOR ALL THE SCHOOL DISTRICTS WITHIN THAT 6,606
VEPD PURSUANT TO DIVISION (E)(2) OF SECTION 3317.022 OF THE 6,608
REVISED CODE.
(2) DEDUCT FROM EACH APPROPRIATE DISTRICT THAT IS NOT A 6,610
LEAD DISTRICT, THE AMOUNT ATTRIBUTABLE TO THAT DISTRICT THAT IS 6,611
CREDITED TO A LEAD DISTRICT UNDER DIVISION (L)(1) OF THIS 6,612
SECTION.
Sec. 3317.024. In addition to the moneys paid to eligible 6,621
school districts pursuant to section 3317.022 of the Revised 6,623
Code, moneys appropriated for the education programs in divisions 6,624
(A) to (L), (O), and (P), AND (R) of this section shall be 6,626
distributed to school districts meeting the requirements of 6,627
section 3317.01 of the Revised Code; in the case of divisions (I) 6,628
and, (J), and, in fiscal year 1999 only, division (P)(1) of this 6,629
section, to educational service centers as provided in section 6,630
3317.11 of the Revised Code; in the case of divisions (E), (M), 6,632
and (N) of this section, to county MR/DD boards; in the case of 6,633
division (I) of this section, to joint vocational and cooperative 6,634
education school districts; IN THE CASE OF DIVISION (R) OF THIS 6,635
SECTION, TO JOINT VOCATIONAL SCHOOL DISTRICTS; in the case of 6,636
148
division (K) of this section, to cooperative education school 6,637
districts; and in the case of division (Q) of this section, to 6,638
the institutions defined under section 3317.082 of the Revised 6,639
Code providing elementary or secondary education programs to
children other than children receiving special education under 6,640
section 3323.091 of the Revised Code. The following shall be 6,641
distributed monthly, quarterly, or annually as may be determined 6,642
by the state board of education:
(A) A per pupil amount to each school district that 6,644
establishes a summer school remediation program that complies 6,645
with rules of the state board of education. 6,646
(B) An amount for each island school district and each 6,648
joint state school district for the operation of each high school 6,649
and each elementary school maintained within such district and 6,650
for capital improvements for such schools. Such amounts shall be 6,651
determined on the basis of standards adopted by the state board 6,652
of education. 6,653
(C) An amount for each school district operating classes 6,655
for children of migrant workers who are unable to be in 6,656
attendance in an Ohio school during the entire regular school 6,657
year. The amounts shall be determined on the basis of standards 6,658
adopted by the state board of education, except that payment 6,659
shall be made only for subjects regularly offered by the school 6,660
district providing the classes. 6,661
(D) An amount for each school district with guidance, 6,663
testing, and counseling programs approved by the state board of 6,664
education. The amount shall be determined on the basis of 6,665
standards adopted by the state board of education. 6,666
(E) An amount for the emergency purchase of school buses 6,668
as provided for in section 3317.07 of the Revised Code; 6,669
(F) An amount for each school district required to pay 6,671
tuition for a child in an institution maintained by the 6,672
department of youth services pursuant to section 3317.082 of the 6,673
Revised Code, provided the child was not included in the 6,675
149
calculation of the district's average daily membership for the 6,676
preceding school year.
(G) An IN FISCAL YEAR 2000 ONLY, AN amount to each school 6,678
district for supplemental salary allowances for each licensed 6,679
employee except those licensees serving as superintendents, 6,680
assistant superintendents, principals, or assistant principals, 6,681
whose term of service in any year is extended beyond the term of 6,682
service of regular classroom teachers, as described in section 6,683
3301.0725 of the Revised Code; 6,684
(H) An amount for adult basic literacy education for each 6,686
district participating in programs approved by the state board of 6,687
education. The amount shall be determined on the basis of 6,688
standards adopted by the state board of education. 6,689
(I) Notwithstanding section 3317.01 of the Revised Code, 6,691
to each city, local, and exempted village school district, an 6,692
amount pursuant to section 3301.17 of the Revised Code for 6,693
conducting driver education courses at high schools for which the 6,694
state board of education prescribes minimum standards and to 6,695
joint vocational and cooperative education school districts and 6,697
educational service centers, an amount pursuant to such section 6,698
for conducting driver education courses to pupils enrolled in a 6,699
high school for which the state board prescribes minimum 6,700
standards;
(J) An amount for the approved cost of transporting 6,702
developmentally handicapped pupils whom it is impossible or 6,703
impractical to transport by regular school bus in the course of 6,704
regular route transportation provided by the district or service 6,705
center. No district or service center is eligible to receive a 6,706
payment under this division for the cost of transporting any 6,708
pupil whom it transports by regular school bus and who is 6,709
included in the district's transportation ADM. The state board 6,710
of education shall establish standards and guidelines for use by 6,711
the department of education in determining the approved cost of 6,712
such transportation for each district or service center. 6,713
150
(K) An amount to each school district, including each 6,715
cooperative education school district, pursuant to section 6,716
3313.81 of the Revised Code to assist in providing free lunches 6,717
to needy children and an amount to assist needy school districts 6,718
in purchasing necessary equipment for food preparation. The 6,719
amounts shall be determined on the basis of rules adopted by the 6,720
state board of education. 6,721
(L) An amount to each school district, for each pupil 6,723
attending a chartered nonpublic elementary or high school within 6,724
the district. The amount shall equal the amount appropriated for 6,725
the implementation of section 3317.06 of the Revised Code divided 6,726
by the average daily membership in grades kindergarten through 6,727
twelve in nonpublic elementary and high schools within the state 6,728
as determined during the first full week in October of each 6,729
school year. 6,730
(M) An amount for each county MR/DD board, distributed on 6,733
the basis of standards adopted by the state board of education, 6,734
for the approved cost of transportation required for children 6,735
attending special education programs operated by the county MR/DD 6,736
board under section 3323.09 of the Revised Code; 6,737
(N) An amount for each county MR/DD board, distributed on 6,740
the basis of standards adopted by the state board of education, 6,741
for supportive home services for preschool children; 6,742
(O) An amount for each school district that establishes a 6,744
mentor teacher program that complies with rules of the state 6,745
board of education. No school district shall be required to 6,746
establish or maintain such a program in any year unless 6,747
sufficient funds are appropriated to cover the district's total 6,748
costs for the program.
(P)(1) For fiscal year 1999 only, an AN amount to each 6,751
school district or educational service center for the total 6,752
number of gifted units approved pursuant to section 3317.05 of 6,753
the Revised Code. The amount for each such unit shall be the sum 6,754
of the minimum salary for the teacher of the unit, calculated on 6,755
151
the basis of the teacher's training level and years of experience 6,756
pursuant to section 3317.13 of the Revised Code, plus fifteen per 6,757
cent of that minimum salary amount, plus two thousand six hundred 6,758
seventy-eight dollars. 6,759
(2) The general assembly intends to begin a review and 6,761
revision of the funding formula for gifted education services in 6,763
1999. The analysis and any resulting calculations shall be based 6,765
upon a rational methodology for calculating the cost of adequate
gifted education services. The analysis shall use data generated 6,766
by a study funded through the department of education. 6,767
(Q) An amount to each institution defined under section 6,770
3317.082 of the Revised Code providing elementary or secondary 6,772
education to children other than children receiving special 6,773
education under section 3323.091 of the Revised Code. This 6,774
amount for any institution in any fiscal year shall equal the 6,775
total of all tuition amounts required to be paid to the 6,776
institution under division (A)(1) of section 3317.082 of the 6,778
Revised Code.
(R) A GRANT TO EACH SCHOOL DISTRICT AND JOINT VOCATIONAL 6,780
SCHOOL DISTRICT THAT OPERATES A "GRADUATION, REALITY, AND 6,781
DUAL-ROLE SKILLS" (GRADS) PROGRAM FOR PREGNANT AND PARENTING 6,782
STUDENTS THAT IS APPROVED BY THE DEPARTMENT. THE AMOUNT OF THE 6,783
PAYMENT SHALL BE THE DISTRICT'S STATE SHARE PERCENTAGE, AS 6,785
DEFINED IN SECTION 3317.022 OR 3317.16 OF THE REVISED CODE, TIMES 6,786
THE GRADS PERSONNEL ALLOWANCE TIMES THE FULL-TIME-EQUIVALENT 6,787
NUMBER OF GRADS TEACHERS APPROVED BY THE DEPARTMENT. THE GRADS 6,788
PERSONNEL ALLOWANCE IS $45,000 IN FISCAL YEAR 2000 AND $46,260 IN 6,789
FISCAL YEAR 2001. 6,790
The state board of education or any other board of 6,792
education or governing board may provide for any resident of a 6,793
district or educational service center territory any educational 6,795
service for which funds are made available to the board by the 6,796
United States under the authority of public law, whether such 6,797
funds come directly or indirectly from the United States or any 6,798
152
agency or department thereof or through the state or any agency, 6,799
department, or political subdivision thereof.
Sec. 3317.029. (A) As used in this section: 6,808
(1) "DPIA percentage" means the quotient obtained by 6,811
dividing the five-year average number of children ages five to 6,812
seventeen residing in the school district and living in a family 6,813
receiving family assistance, as certified or adjusted under 6,814
section 3317.10 of the Revised Code, by the district's three-year 6,815
average formula ADM.
(2) "Family assistance" means assistance received under 6,817
the Ohio works first program or, for the purpose of determining 6,819
the five-year average number of recipients of family assistance 6,820
in fiscal years 1999 through 2002, assistance received under an 6,821
antecedent program known as TANF or ADC. 6,822
(3) "Statewide DPIA percentage" means the five-year 6,825
average of the total number of children ages five to seventeen 6,826
years residing in the state and receiving family assistance, 6,827
divided by the sum of the three-year average formula ADMs for all 6,829
school districts in the state.
(4) "DPIA index" means the quotient obtained by dividing 6,832
the school district's DPIA percentage by the statewide DPIA 6,834
percentage.
(5) "Kindergarten ADM" means the number of students 6,837
reported under section 3317.03 of the Revised Code as enrolled in 6,838
kindergarten. 6,839
(6) "Kindergarten through third grade ADM" means the 6,842
amount calculated as follows:
(a) Multiply the kindergarten ADM by the sum of one plus 6,845
the all-day kindergarten percentage; 6,846
(b) Add the number of students in grades one through 6,848
three;
(c) Subtract from the sum calculated under division 6,850
(A)(6)(b) of this section the number of special education 6,852
students in grades kindergarten through three. 6,853
153
(7) "Statewide average teacher salary" means thirty-nine 6,855
thousand ninety-two FORTY THOUSAND ONE HUNDRED EIGHTY-SEVEN 6,856
DOLLARS IN FISCAL YEAR 2000, AND FORTY-ONE THOUSAND THREE HUNDRED 6,857
TWELVE dollars IN FISCAL YEAR 2001, which includes an amount for 6,858
the value of fringe benefits. 6,859
(8) "All-day kindergarten" means a kindergarten class that 6,862
is in session five days per week for not less than the same 6,863
number of clock hours each day as for pupils in grades one 6,864
through six.
(9) "All-day kindergarten percentage" means the percentage 6,866
of a district's actual total number of students enrolled in 6,867
kindergarten who are enrolled in all-day kindergarten. 6,868
(10) "Buildings with the highest concentration of need" 6,870
means the school buildings in a district with percentages of 6,872
students receiving family assistance in grades kindergarten 6,873
through three at least as high as the district-wide percentage of 6,874
students receiving family assistance. If, however, the 6,875
information provided by the department of human services under 6,876
section 3317.10 of the Revised Code is insufficient to determine 6,879
the family assistance percentage in each building, "buildings 6,880
with the highest concentration of need" has the meaning given in 6,881
rules that the department of education shall adopt. The rules 6,882
shall base the definition of "buildings with the highest 6,883
concentration of need" on family income of students in grades 6,884
kindergarten through three in a manner that, to the extent
possible with available data, approximates the intent of this 6,885
division and division (G) of this section to designate buildings 6,887
where the family assistance percentage in those grades equals or 6,888
exceeds the district-wide family assistance percentage. 6,889
(B) In addition to the amounts required to be paid to a 6,892
school district under section 3317.022 of the Revised Code, a 6,893
school district shall receive the greater of the amount the 6,894
district received in fiscal year 1998 pursuant to division (B) of 6,895
section 3317.023 of the Revised Code as it existed at that time 6,897
154
or the sum of the computations made under divisions (C) to (E) of 6,898
this section.
(C) A supplemental payment that may be utilized for 6,900
measures related to safety and security and for remediation or 6,901
similar programs, calculated as follows: 6,902
(1) If the DPIA index of the school district is greater 6,905
than or equal to thirty-five-hundredths, but less than one, an 6,906
amount obtained by multiplying the five-year average number of 6,907
pupils in a district receiving family assistance by two hundred 6,908
thirty dollars; 6,909
(2) If the DPIA index of the school district is greater 6,912
than or equal to one, an amount obtained by multiplying the DPIA 6,914
index by two hundred thirty dollars and multiplying that product 6,915
by the five-year average number of pupils in a district receiving 6,916
family assistance. 6,917
(D) A payment for all-day kindergarten if the DPIA index 6,920
of the school district is greater than or equal to one or if the 6,921
district's three-year average formula ADM exceeded seventeen 6,922
thousand five hundred, calculated by multiplying the all-day 6,923
kindergarten percentage by the kindergarten ADM and multiplying 6,924
that product by the formula amount. 6,925
(E) A class-size reduction payment based on calculating 6,928
the number of new teachers necessary to achieve a lower 6,929
student-teacher ratio, as follows: 6,930
(1) Determine or calculate a formula number of teachers 6,932
per one thousand students based on the DPIA index of the school 6,934
district as follows: 6,935
(a) If the DPIA index of the school district is less than 6,938
six-tenths, the formula number of teachers is 43.478, which is 6,939
the number of teachers per one thousand students at a 6,940
student-teacher ratio of twenty-three to one; 6,941
(b) If the DPIA index of the school district is greater 6,944
than or equal to six-tenths, but less than two and one-half, the 6,945
formula number of teachers is calculated as follows: 6,946
155
43.478 + §[(DPIA index-0.6)/1.9< X 23.188 6,948
Where 43.478 is the number of teachers per one thousand 6,950
students at a student-teacher ratio of twenty-three to one; 1.9 6,951
is the interval from a DPIA index of six-tenths to a DPIA index 6,954
of two and one-half; and 23.188 is the difference in the number 6,955
of teachers per one thousand students at a student-teacher ratio 6,956
of fifteen to one and the number of teachers per one thousand 6,957
students at a student-teacher ratio of twenty-three to one. 6,959
(c) If the DPIA index of the school district is greater 6,962
than or equal to two and one-half, the formula number of teachers 6,963
is 66.667, which is the number of teachers per one thousand 6,964
students at a student-teacher ratio of fifteen to one. 6,965
(2) Multiply the formula number of teachers determined or 6,967
calculated in division (E)(1) of this section by the kindergarten 6,969
through third grade ADM for the district and divide that product 6,970
by one thousand;
(3) Calculate the number of new teachers as follows: 6,972
(a) Multiply the kindergarten through third grade ADM by 6,975
43.478, which is the number of teachers per one thousand students 6,976
at a student-teacher ratio of twenty-three to one, and divide 6,977
that product by one thousand;
(b) Subtract the quotient obtained in division (E)(3)(a) 6,980
of this section from the product in division (E)(2) of this 6,981
section.
(4) Multiply the greater of the difference obtained under 6,983
division (E)(3) of this section or zero by the statewide average 6,985
teachers salary.
(F) This division applies only to school districts whose 6,987
DPIA index is one or greater. 6,988
(1) Each school district subject to this division shall 6,990
first utilize funds received under this section so that, when 6,991
combined with other funds of the district, sufficient funds exist 6,992
to provide all-day kindergarten to at least the number of 6,993
children in the district's all-day kindergarten percentage. 6,994
156
(2) Up to an amount equal to the district's DPIA index 6,996
multiplied by the five-year average number of pupils in a 6,997
district receiving family assistance multiplied by two hundred 6,998
thirty dollars of the money distributed under this section may be 7,000
utilized for one or both of the following: 7,001
(a) Programs designed to ensure that schools are free of 7,004
drugs and violence and have a disciplined environment conducive 7,005
to learning;
(b) Remediation for students who have failed or are in 7,008
danger of failing any of the proficiency tests administered 7,009
pursuant to section 3301.0710 of the Revised Code.
(3) Except as otherwise required by division (G) OR (L) OR 7,011
PERMITTED UNDER DIVISION (K) of this section, all other funds 7,013
distributed under this section to districts subject to this 7,014
division shall be utilized for the purpose of the third grade 7,015
guarantee. The third grade guarantee consists of increasing the 7,016
amount of instructional attention received per pupil in 7,017
kindergarten through third grade, either by reducing the ratio of 7,018
students to instructional personnel or by increasing the amount 7,019
of instruction and curriculum-related activities by extending the 7,020
length of the school day or the school year. 7,021
School districts may implement a reduction of the ratio of 7,023
students to instructional personnel through any or all of the 7,024
following methods: 7,025
(a) Reducing the number of students in a classroom taught 7,028
by a single teacher;
(b) Employing full-time educational aides or educational 7,031
paraprofessionals issued a permit or license under section 7,032
3319.088 of the Revised Code;
(c) Instituting a team-teaching method that will result in 7,035
a lower student-teacher ratio in a classroom.
Districts may extend the school day either by increasing 7,037
the amount of time allocated for each class, increasing the 7,038
number of classes provided per day, offering optional 7,039
157
academic-related after-school programs, providing 7,040
curriculum-related extra curricular activities, or establishing 7,041
tutoring or remedial services for students who have demonstrated 7,042
an educational need. In accordance with section 3319.089 of the 7,043
Revised Code, a district extending the school day pursuant to 7,045
this division may utilize a participant of the work experience 7,046
program who has a child enrolled in a public school in that 7,047
district and who is fulfilling the work requirements of that
program by volunteering or working in that public school. If the 7,048
work experience program participant is compensated, the school 7,049
district may use the funds distributed under this section for all 7,050
or part of the compensation.
Districts may extend the school year either through adding 7,052
regular days of instruction to the school calendar or by 7,053
providing summer programs. 7,054
(G) Each district subject to division (F) of this section 7,057
shall not expend any funds received under division (E) of this 7,058
section in any school buildings that are not buildings with the 7,059
highest concentration of need, unless there is a ratio of 7,060
instructional personnel to students of no more than fifteen to 7,061
one in each kindergarten and first grade class in all buildings 7,062
with the highest concentration of need. This EXCEPT AS REQUIRED 7,064
IN DIVISION (L) OF THIS SECTION, THIS division does not require 7,065
that the funds used in buildings with the highest concentration 7,066
of need be spent solely to reduce the ratio of instructional 7,067
personnel to students in kindergarten and first grade. A EXCEPT 7,068
AS REQUIRED IN DIVISION (L) OF THIS SECTION, A school district 7,069
may spend the funds in those buildings in any manner permitted by 7,070
division (F)(3) of this section, but may not spend the money in 7,072
other buildings unless the fifteen-to-one ratio required by this 7,073
division is attained.
(H)(1) By the first day of August of each fiscal year, 7,075
each school district wishing to receive any funds under division 7,076
(D) of this section shall submit to the department of education 7,078
158
an estimate of its all-day kindergarten percentage. Each 7,080
district shall update its estimate throughout the fiscal year in 7,081
the form and manner required by the department, and the 7,082
department shall adjust payments under this section to reflect 7,083
the updates.
(2) Annually by the end of December, the department of 7,085
education, utilizing data from the information system established 7,087
under section 3301.0714 of the Revised Code and after 7,088
consultation with the legislative office of education oversight, 7,089
shall determine for each school district subject to division (F) 7,090
of this section whether in the preceding fiscal year the 7,091
district's ratio of instructional personnel to students and its 7,092
number of kindergarten students receiving all-day kindergarten 7,093
appear reasonable, given the amounts of money the district 7,094
received for that fiscal year pursuant to divisions (D) and (E) 7,095
of this section. If the department is unable to verify from the 7,096
data available that students are receiving reasonable amounts of 7,097
instructional attention and all-day kindergarten, given the funds 7,098
the district has received under this section and that class-size 7,100
reduction funds are being used in school buildings with the 7,101
highest concentration of need as required by division (G) of this 7,102
section AND AS REQUIRED BY DIVISION (L) OF THIS SECTION, the 7,103
department shall conduct a more intensive investigation to ensure 7,105
that funds have been expended as required by this section. The 7,106
department shall file an annual report of its findings under this 7,107
division with the chairpersons of the committees in each house of
the general assembly dealing with finance and education. 7,108
(I) Any school district with a DPIA index less than one 7,110
and a three-year average formula ADM exceeding seventeen thousand 7,113
five hundred shall first utilize funds received under this 7,114
section so that, when combined with other funds of the district,
sufficient funds exist to provide all-day kindergarten to at 7,115
least the number of children in the district's all-day 7,116
kindergarten percentage. Such a district shall expend at least 7,117
159
seventy per cent of the remaining funds received under this 7,118
section, and any other district with a DPIA index less than one 7,120
shall expend at least seventy per cent of all funds received 7,121
under this section, for any of the following purposes: 7,122
(1) The purchase of technology for instructional purposes; 7,125
(2) All-day kindergarten; 7,127
(3) Reduction of class sizes; 7,129
(4) Summer school remediation; 7,131
(5) Dropout prevention programs; 7,133
(6) Guaranteeing that all third graders are ready to 7,136
progress to more advanced work;
(7) Summer education and work programs; 7,138
(8) Adolescent pregnancy programs; 7,140
(9) Head start or preschool programs; 7,142
(10) Reading improvement programs described by the 7,145
department of education;
(11) Programs designed to ensure that schools are free of 7,148
drugs and violence and have a disciplined environment conducive 7,149
to learning;
(12) Furnishing, free of charge, materials used in courses 7,152
of instruction, except for the necessary textbooks or electronic 7,153
textbooks required to be furnished without charge pursuant to
section 3329.06 of the Revised Code, to pupils living in families 7,155
participating in Ohio works first in accordance with section 7,156
3313.642 of the Revised Code; 7,157
(13) School breakfasts provided pursuant to section 7,159
3313.813 of the Revised Code. 7,160
Each district shall submit to the department, in such 7,162
format and at such time as the department shall specify, a report 7,163
on the programs for which it expended funds under this division. 7,164
(J) If at any time the superintendent of public 7,166
instruction determines that a school district receiving funds 7,167
under division (D) of this section has enrolled less than the 7,168
all-day kindergarten percentage reported for that fiscal year, 7,170
160
the superintendent shall withhold from the funds otherwise due 7,171
the district under this section a proportional amount as 7,172
determined by the difference in the certified all-day 7,173
kindergarten percentage and the percentage actually enrolled in 7,174
all-day kindergarten. 7,175
The superintendent shall also withhold an appropriate 7,177
amount of funds otherwise due a district for any other misuse of 7,178
funds not in accordance with this section. 7,179
(K)(1) A DISTRICT MAY USE A PORTION OF THE FUNDS 7,181
CALCULATED FOR IT UNDER DIVISION (D) OF THIS SECTION TO MODIFY OR 7,182
PURCHASE CLASSROOM SPACE TO PROVIDE ALL-DAY KINDERGARTEN, IF BOTH 7,183
OF THE FOLLOWING CONDITIONS ARE MET: 7,184
(a) THE DISTRICT CERTIFIES TO THE DEPARTMENT, IN A MANNER 7,186
ACCEPTABLE TO THE DEPARTMENT, THAT IT HAS A SHORTAGE OF SPACE FOR 7,187
PROVIDING ALL-DAY KINDERGARTEN. 7,188
(b) THE DISTRICT PROVIDES ALL-DAY KINDERGARTEN TO THE 7,190
NUMBER OF CHILDREN IN THE ALL-DAY KINDERGARTEN PERCENTAGE IT 7,192
CERTIFIED UNDER THIS SECTION. 7,193
(2) A DISTRICT MAY USE A PORTION OF THE FUNDS DESCRIBED IN 7,195
DIVISION (F)(3) OF THIS SECTION TO MODIFY OR PURCHASE CLASSROOM 7,196
SPACE TO ENABLE IT TO FURTHER REDUCE CLASS SIZE IN GRADES 7,197
KINDERGARTEN THROUGH TWO WITH A GOAL OF ATTAINING CLASS SIZES OF 7,198
FIFTEEN STUDENTS PER LICENSED TEACHER. TO DO SO, THE DISTRICT 7,199
MUST CERTIFY ITS NEED FOR ADDITIONAL SPACE TO THE DEPARTMENT, IN 7,200
A MANNER SATISFACTORY TO THE DEPARTMENT. 7,201
(L) EXCEPT AS PERMITTED BY DIVISION (K)(2) OF THIS 7,203
SECTION, BEGINNING IN FISCAL YEAR 2003, EACH DISTRICT WITH A DPIA 7,204
INDEX OF ONE OR GREATER THAT, IN THE MOST RECENT DETERMINATION 7,205
UNDER SECTION 3302.03 OF THE REVISED CODE, HAS BEEN DECLARED TO 7,206
BE IN A STATE OF ACADEMIC EMERGENCY SHALL SPEND ONE HUNDRED PER 7,207
CENT OF THE REMAINDER OF THE MONEY CALCULATED FOR THE DISTRICT 7,208
UNDER THIS SECTION, AFTER DEDUCTING EXPENDITURES FOR THE PURPOSES 7,209
DESCRIBED IN DIVISIONS (F)(1) AND (2) OF THIS SECTION, 7,210
SPECIFICALLY TO REDUCE THE NUMBER OF STUDENTS IN KINDERGARTEN 7,211
161
THROUGH SECOND GRADE CLASSROOMS, WITH A GOAL OF ATTAINING A CLASS 7,213
SIZE OF FIFTEEN STUDENTS PER LICENSED TEACHER IN EACH SUCH 7,214
CLASSROOM.
Sec. 3317.0212. Divisions (B) and (C) of this section do 7,223
not apply to a school district with a formula ADM of one hundred 7,225
fifty or less.
(A) As used in this section: 7,227
(1) "Fundamental FY 1997 state aid" or "fundamental FY 7,230
1998 state aid" for a district means the total amount of state 7,231
money received by the district for the applicable fiscal year as 7,233
reported on the department of education's form "SF-12," adjusted 7,234
as follows: 7,235
(a) Minus the amount for transportation; 7,237
(b) Minus any amounts for approved preschool handicapped 7,240
units;
(c) Minus any additional amount attributable to the 7,243
reappraisal guarantee of division (C) of section 3317.04 of the 7,244
Revised Code; 7,245
(d) Plus the amount deducted for payments to an 7,247
educational service center; 7,248
(e) Plus an estimated portion of the state money 7,250
distributed in the applicable fiscal year to other school 7,251
districts or educational service centers for approved units, 7,252
other than preschool handicapped or gifted education units, 7,253
attributable to the costs of providing services in those units to 7,255
students entitled to attend school in the district;
(f) Minus an estimated portion of the state money 7,257
distributed to the school district in the applicable fiscal year 7,258
for approved units, other than preschool handicapped units or 7,259
gifted education units, attributable to the costs of providing 7,260
services in those units to students entitled to attend school in 7,261
another school district; 7,262
(g) Plus any additional amount paid in the applicable 7,265
fiscal year pursuant to the vocational education recomputation 7,266
162
required by Section 45.12 of Amended Substitute House Bill No.
117 of the 121st general assembly or former Section 50.22 of 7,267
Amended Substitute House Bill No. 215 of the 122nd general 7,268
assembly;
(h) Plus any additional amount paid in the applicable 7,271
fiscal year pursuant to the special education recomputation 7,272
required by former division (I) of section 3317.023 of the
Revised Code; 7,273
(i) Plus any amount paid for equity aid in the applicable 7,276
fiscal year under section 3317.0213 of the Revised Code; 7,278
(j) Plus any amount received for the applicable fiscal 7,280
year pursuant to section 3317.027 of the Revised Code; 7,282
(k) Plus any amount received for the applicable fiscal 7,284
year resulting from a recomputation made under division (B) of 7,285
section 3317.022 of the Revised Code, AS THAT SECTION EXISTED IN 7,286
THE APPLICABLE FISCAL YEAR. 7,287
(2) "Enhanced FY 1998 1999 state aid" for a district means 7,290
its fundamental FY 1998 state BASIC aid FOR FISCAL YEAR 1999, 7,292
plus any amounts for which the district was eligible pursuant to 7,293
division (K) (D) of THE VERSION OF section 3317.024 3317.022 of 7,294
the Revised Code, as that division existed in EFFECT THAT fiscal 7,295
year 1998. 7,296
(3) "State basic aid" for a district for any fiscal year 7,298
after fiscal year 1998 1999 means the sum of the following: 7,300
(a) The amount computed for the district for basic formula 7,302
aid and BASE COST FUNDING, special education funding, AND 7,304
VOCATIONAL EDUCATION FUNDING under divisions (A), (B), and (C)(1) 7,306
AND (5), AND (E) of section 3317.022 and sections 3317.025 and 7,307
3317.027 of the Revised Code and DPIA aid under section 3317.029 7,308
of the Revised Code in the current fiscal year before any 7,310
deduction or credit required by division (B), (D), (E), (F), (G), 7,312
(H), (I), (J), or (K), OR (L) of section 3317.023 or division (J) 7,313
of section 3317.029 of the Revised Code; 7,315
(b) Any amounts for which the district is eligible 7,317
163
pursuant to division (C) of section 3317.023, divisions (G) and, 7,318
(P), AND (R) of section 3317.024, and THE SUPPLEMENTAL UNIT 7,320
ALLOWANCE PAID FOR GIFTED UNITS UNDER division (B) of section 7,321
3317.162 of the Revised Code; 7,322
(c) Any equity aid for which the district is eligible 7,325
under section 3317.0213 of the Revised Code.
(4) "STATE BASIC AID FOR FISCAL YEAR 1999" MEANS A 7,327
DISTRICT'S "STATE BASIC AID" FOR THAT YEAR, AS DEFINED IN THE 7,328
VERSION OF THIS SECTION IN EFFECT IN FISCAL YEAR 1999, PLUS AN 7,329
APPROPRIATE PROPORTION, AS DETERMINED BY THE DEPARTMENT OF 7,330
EDUCATION, OF THE AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN
FISCAL YEAR 1999 FROM THE VOCATIONAL EDUCATION SET-ASIDE AND 7,331
ATTRIBUTABLE TO THE DISTRICT'S STUDENTS. 7,332
(5) "VOCATIONAL EDUCATION SET-ASIDE" MEANS THE UP TO 7,334
$24,193,118 EARMARKED FOR ADDITIONAL SCHOOL DISTRICT VOCATIONAL 7,335
EDUCATION GRANTS UNDER APPROPRIATION ITEM 200-545, VOCATIONAL 7,336
EDUCATION ENHANCEMENTS, IN AM. SUB. H.B. 770 OF THE 122nd GENERAL 7,337
ASSEMBLY.
(B) Upon request of the department of education, the 7,339
treasurer of any school district or educational service center 7,340
shall furnish data needed to calculate the amounts specified in 7,341
divisions (A)(1)(e) and (f) of this section. The department 7,342
shall compute AND PAY the state basic aid guarantee for each 7,343
school district for the fiscal year as follows: 7,344
(1) Subtract the amount of state basic aid from the amount 7,347
of fundamental FY 1998 state aid. If a negative number, this 7,348
computation shall be deemed to be zero. 7,349
(2) Compute the following amounts: 7,351
(a) Formula ADM X (state basic aid/formula ADM); 7,354
(b) The greater of formula ADM or three-year average 7,357
formula ADM X (fundamental FY 1998 state aid/FY 1998 ADM). 7,358
(3) If the amount computed under division (B)(2)(b) of 7,361
this section is greater than the amount computed under division
(B)(2)(a) of this section, determine the amount by which it is 7,363
164
greater. If the amount computed under division (B)(2)(b) of this 7,364
section is not greater than the amount computed under division 7,365
(B)(2)(a) of this section, this computation shall be deemed to be 7,366
zero.
(4) Except as provided in division (C) of this section, 7,369
the department shall determine for each district the lesser of 7,370
the amounts computed in divisions (B)(1) and (3) of this section 7,372
and, if greater than zero, pay PAY the district that ANY POSITIVE 7,374
amount CALCULATED UNDER DIVISION (B)(1) OF THIS SECTION. 7,375
(C) In fiscal year 1999 2000, the department shall 7,378
calculate for each district the sum of the district's state basic 7,379
aid for THAT fiscal year 1999, plus ANY AMOUNT CALCULATED UNDER 7,380
DIVISION (B)(1) OF THIS SECTION, PLUS the transportation portion 7,381
of state aid computed FOR THE DISTRICT FOR THAT FISCAL YEAR under 7,383
division (D) of THE VERSION OF section 3317.022 of the Revised 7,385
Code for the district for IN EFFECT THAT fiscal year 1999. If a 7,386
district's enhanced FY 1998 1999 state aid is greater than that 7,387
sum, then the department shall pay the district in THAT fiscal 7,389
year 1999 one hundred per cent of the difference or the amount 7,390
required by division (B)(4) of this section, whichever is 7,391
greater.
(D)(1) The state basic aid guarantee in any fiscal year 7,393
for a school district with a formula ADM of one hundred fifty or 7,394
less shall be the greatest of the following amounts: 7,395
(a) The district's state basic aid for the fiscal year; 7,397
(b) The district's fundamental FY 1998 state aid; 7,399
(c) The district's fundamental FY 1997 state aid. 7,401
(2) If in any fiscal year the state basic aid for a school 7,403
district with a formula ADM of one hundred fifty or less is less 7,404
than the guarantee amount determined for the district under 7,405
division (D)(1) of this section, the department of education 7,406
shall pay the district the amount of the difference. 7,407
Sec. 3317.0213. No money shall be distributed under this 7,416
section after fiscal year 2001 2002. 7,417
165
(A) As used in this section: 7,419
(1) "ADM" for any school district means: 7,421
(a) In fiscal year 1999, the FY 1998 ADM; 7,424
(b) In fiscal years 2000 and 2001 THROUGH 2002, the 7,426
formula ADM reported for the previous fiscal year. 7,427
(2) "Average taxable value" means the average of the 7,430
amounts certified for a district in the second, third, and fourth 7,431
preceding fiscal years under divisions (A)(1) and (2) of section 7,432
3317.021 of the Revised Code.
(3) "Valuation per pupil" for a district means: 7,434
(a) In fiscal year 1999, the district's average taxable 7,437
value, divided by the district's FY 1998 ADM; 7,440
(b) In a fiscal year that occurs after fiscal year 1999, 7,443
the district's average taxable value, divided by the district's 7,445
formula ADM for the preceding fiscal year. 7,446
(4) "Threshold valuation" means: 7,448
(a) In fiscal year 1999, the adjusted valuation per pupil 7,451
of the school district with the two hundred twenty-ninth lowest 7,452
adjusted valuation per pupil in the state, according to data 7,454
available at the time of the computation under division (B) of 7,455
this section;
(b) In fiscal year 2000, the adjusted valuation per pupil 7,457
of the district with the one hundred sixty-third NINETY-SIXTH 7,458
lowest such valuation in the state; 7,459
(c) In fiscal year 2001, the adjusted valuation per pupil 7,461
of the district with the one hundred eighteenth SIXTY-THIRD 7,462
lowest such valuation in the state; 7,463
(d) IN FISCAL YEAR 2002, THE ADJUSTED VALUATION PER PUPIL 7,465
OF THE DISTRICT WITH THE ONE-HUNDRED-THIRTIETH LOWEST SUCH 7,466
VALUATION IN THE STATE.
(5) "Adjusted valuation per pupil" for a district means an 7,468
amount calculated in accordance with the following formula: 7,469
The district's valuation per pupil - ($30,000 X (one minus the 7,472
district's income factor))
166
(6) "Millage rate" means .012 in fiscal year 1999, .011 in 7,474
fiscal year 2000, and .010 in fiscal year 2001, AND .009 IN 7,475
FISCAL YEAR 2002. 7,476
(B) Beginning in fiscal year 1993, during August of each 7,478
fiscal year, the department of education shall distribute to each 7,479
school district meeting the requirements of section 3317.01 of 7,480
the Revised Code whose adjusted valuation per pupil is less than 7,481
the threshold valuation, an amount calculated in accordance with 7,482
the following formula: 7,483
(The threshold valuation - the district's adjusted valuation per 7,486
pupil) X millage rate X ADM 7,487
Sec. 3317.0216. (A) As used in this section: 7,496
(1) "Total taxes charged and payable for current expenses" 7,499
means the sum of the taxes charged and payable as certified under 7,500
division (A)(3)(a) of section 3317.021 of the Revised Code less 7,501
any amounts reported under division (A)(3)(b) of that section, 7,502
and the tax distribution for the preceding year under any school 7,503
district income tax levied by the district pursuant to Chapter 7,505
5748. of the Revised Code to the extent the revenue from the 7,506
income tax is allocated or apportioned to current expenses. 7,507
(2) "State equalization enhancement payments" means any 7,509
payment made to a school district pursuant to section 3317.0215 7,510
of the Revised Code for the preceding fiscal year. 7,511
(3) "Charge-off amount" means the product obtained by 7,513
multiplying two and three-tenths per cent by adjusted total 7,514
taxable value. 7,515
(4) "Total receipts available for current expenses" of a 7,518
school district means the sum of total taxes charged and payable 7,519
for current expenses and the district's state equalization
enhancement payments. 7,520
(5) "Local share of special education and related services 7,522
additional weighted costs" has the same meaning as in division 7,525
(C)(3) of section 3317.022 of the Revised Code.
(6) "LOCAL SHARE OF VOCATIONAL EDUCATION AND ASSOCIATED 7,527
167
SERVICES ADDITIONAL WEIGHTED COSTS" FOR EACH SCHOOL DISTRICT 7,528
MEANS THE AMOUNT DETERMINED AS FOLLOWS: 7,529
(1 - STATE SHARE PERCENTAGE AS DEFINED IN SECTION 7,530
3317.022 OF THE REVISED CODE) X [(TOTAL VOCATIONAL 7,531
EDUCATION WEIGHT AS DEFINED IN THAT SECTION X 7,533
THE FORMULA AMOUNT) + THE DISTRICT'S PAYMENT UNDER DIVISION 7,535
(E)(2) OF SECTION 3317.02 OF THE REVISED CODE<
(B) Upon receiving the certifications under section 7,537
3317.021 of the Revised Code, the department of education shall 7,538
determine for each city, local, and exempted village school 7,540
district whether the district's charge-off amount is greater than 7,541
the district's total receipts available for current expenses, and 7,542
if it is, shall pay the district the amount of the difference. A 7,543
payment shall not be made to any school district for which the 7,544
computation under division (A) of section 3317.022 of the Revised 7,545
Code equals zero. 7,546
(C)(1) If a district's charge-off amount is equal to or 7,548
greater than its total receipts available for current expenses, 7,549
the department shall, in addition to the payment required under 7,550
division (B) of this section, pay the district the amount of the 7,551
local share of special education expenses AND RELATED SERVICES 7,552
ADDITIONAL WEIGHTED COSTS AND THE AMOUNT OF THE LOCAL SHARE OF 7,553
VOCATIONAL EDUCATION AND ASSOCIATED SERVICES ADDITIONAL WEIGHTED 7,554
COSTS.
(2) If a district's charge-off amount is less than its 7,556
total receipts available for current expenses, the department 7,557
shall pay the district any amount by which THE SUM OF its local 7,560
share of special education and related services additional 7,561
weighted costs PLUS ITS LOCAL SHARE OF VOCATIONAL EDUCATION AND 7,562
ASSOCIATED SERVICES ADDITIONAL WEIGHTED COSTS exceeds its total 7,564
receipts available for current expenses minus its charge-off
amount.
Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), 7,574
and (C) of this section, any student enrolled in kindergarten 7,575
168
more than half time shall be reported as one-half student under 7,576
this section.
(A) The superintendent of each city and exempted village 7,579
school district and of each educational service center shall, for 7,580
the schools under the superintendent's supervision, certify to 7,581
the state board of education on or before the fifteenth day of 7,582
October in each year for the first full school week in October 7,583
the formula ADM, which shall consist of the average daily 7,584
membership during such week of the sum of the following: 7,585
(1) On an FTE basis, the number of students in grades 7,588
kindergarten through twelve receiving any educational services 7,589
from the district, except that the following categories of 7,590
students shall not be included in the determination: 7,591
(a) Students enrolled in adult education classes; 7,593
(b) Adjacent or other district students enrolled in the 7,595
district under an open enrollment policy pursuant to section 7,596
3313.98 of the Revised Code; 7,597
(c) Students receiving services in the district pursuant 7,599
to a compact, cooperative education agreement, or a contract, but 7,600
who are entitled to attend school in another district pursuant to 7,601
section 3313.64 or 3313.65 of the Revised Code; 7,602
(d) Students for whom tuition is payable pursuant to 7,605
sections 3317.081 and 3323.141 of the Revised Code. 7,606
(2) On an FTE basis, the number of students entitled to 7,609
attend school in the district pursuant to section 3313.64 or 7,610
3313.65 of the Revised Code, but receiving educational services 7,612
in grades kindergarten through twelve from one or more of the
following entities: 7,613
(a) A community school pursuant to Chapter 3314. of the 7,616
Revised Code or Section 50.52 of Amended Substitute House Bill 7,617
No. 215 of the 122nd general assembly, INCLUDING ANY 7,618
PARTICIPATION IN A COLLEGE PURSUANT TO CHAPTER 3365. OF THE 7,619
REVISED CODE WHILE ENROLLED IN SUCH COMMUNITY SCHOOL;
(b) An alternative school pursuant to sections 3313.974 to 7,621
169
3313.979 of the Revised Code as described in division (I)(2)(a) 7,623
or (b) of this section;
(c) A college pursuant to Chapter 3365. of the Revised 7,625
Code, EXCEPT WHEN THE STUDENT IS ENROLLED IN THE COLLEGE WHILE 7,626
ALSO ENROLLED IN A COMMUNITY SCHOOL PURSUANT TO CHAPTER 3314. OF 7,627
THE REVISED CODE;
(d) An adjacent or other school district under an open 7,630
enrollment policy adopted pursuant to section 3313.98 of the 7,631
Revised Code; 7,632
(e) An educational service center or cooperative education 7,635
district;
(f) Another school district under a cooperative education 7,638
agreement, compact, or contract.
(3) One-fourth of the number of students enrolled in a 7,640
joint vocational school district or under a vocational education 7,641
compact;
(4) The number of handicapped children, other than 7,643
handicapped preschool children, entitled to attend school in the 7,644
district pursuant to section 3313.64 or 3313.65 of the Revised 7,646
Code who are placed with a county MR/DD board, minus the number 7,649
of such children placed with a county MR/DD board in fiscal year 7,650
1998. If this calculation produces a negative number, the number 7,652
reported under division (A)(4) of this section shall be zero. 7,654
(B) To enable the department of education to obtain the 7,657
data needed to complete the calculation of payments pursuant to 7,658
this chapter, in addition to the formula ADM, each superintendent 7,660
shall report separately the following student counts: 7,661
(1) The total average daily membership in regular day 7,663
classes included in the report under division (A)(1) or (2) of 7,664
this section for kindergarten, and each of grades one through 7,665
twelve in schools under the superintendent's supervision; 7,667
(2) The average daily membership NUMBER of all 7,669
handicapped preschool children included ENROLLED AS OF THE FIRST 7,671
DAY OF DECEMBER in a unit approved for CLASSES IN the district 7,673
170
THAT ARE ELIGIBLE FOR APPROVAL BY THE STATE BOARD OF EDUCATION
under DIVISION (B) OF section 3317.05 of the Revised Code AND THE 7,675
NUMBER OF THOSE CLASSES, WHICH SHALL BE REPORTED NOT LATER THAN
THE FIFTEENTH DAY OF DECEMBER, in accordance with rules adopted 7,676
under that section; 7,677
(3) The number of children entitled to attend school in 7,679
the district pursuant to section 3313.64 or 3313.65 of the 7,680
Revised Code who are participating in a pilot project scholarship 7,682
program established under sections 3313.974 to 3313.979 of the 7,683
Revised Code as described in division (I)(2)(a) or (b) of this 7,685
section, are enrolled in a college under Chapter 3365. of the 7,686
Revised Code, EXCEPT WHEN THE STUDENT IS ENROLLED IN THE COLLEGE 7,687
WHILE ALSO ENROLLED IN A COMMUNITY SCHOOL PURSUANT TO CHAPTER 7,688
3314. OF THE REVISED CODE, are enrolled in an adjacent or other 7,689
school district under section 3313.98 of the Revised Code, are 7,691
enrolled in a community school established under Chapter 3314. of 7,693
the Revised Code or Section 50.52 of Amended Substitute House 7,694
Bill No. 215 of the 122nd general assembly, INCLUDING ANY 7,695
PARTICIPATION IN A COLLEGE PURSUANT TO CHAPTER 3365. OF THE 7,696
REVISED CODE WHILE ENROLLED IN SUCH COMMUNITY SCHOOL, or are 7,697
participating in a program operated by a county MR/DD board or a 7,698
state institution; 7,699
(4) The number of pupils enrolled in joint vocational 7,701
schools; 7,702
(5) The average daily membership of handicapped children 7,705
reported under division (A)(1) or (2) of this section receiving 7,706
category one special education services, described in division 7,707
(A) of section 3317.013 of the Revised Code; 7,708
(6) The average daily membership of handicapped children 7,710
reported under division (A)(1) or (2) of this section receiving 7,711
category two special education services, described in division 7,712
(B) of section 3317.013 of the Revised Code; 7,713
(7) The average daily membership of handicapped children 7,715
reported under division (A)(1) or (2) of this section identified 7,717
171
as having any of the handicaps specified in division (F)(3) of 7,718
section 3317.02 of the Revised Code;
(8) The average daily membership of pupils reported under 7,720
division (A)(1) or (2) of this section enrolled in CATEGORY ONE 7,721
vocational education programs or classes, DESCRIBED IN DIVISION 7,723
(A) OF SECTION 3317.014 OF THE REVISED CODE, operated by the
school district or by another district, other than a joint 7,724
vocational school district, or by an educational service center; 7,725
(9) THE AVERAGE DAILY MEMBERSHIP OF PUPILS REPORTED UNDER 7,727
DIVISION (A)(1) OR (2) OF THIS SECTION ENROLLED IN CATEGORY TWO 7,728
VOCATIONAL EDUCATION PROGRAMS OR SERVICES, DESCRIBED IN DIVISION 7,729
(B) OF SECTION 3317.014 OF THE REVISED CODE, OPERATED BY THE 7,730
SCHOOL DISTRICT OR ANOTHER SCHOOL DISTRICT, OTHER THAN A JOINT 7,731
VOCATIONAL SCHOOL DISTRICT, OR BY AN EDUCATIONAL SERVICE CENTER; 7,732
(10) The average number of children transported by the 7,735
school district on board-owned or contractor-owned and -operated 7,736
buses, reported in accordance with rules adopted by the 7,738
department of education;
(10)(11)(a) The number of children, other than handicapped 7,741
preschool children, the district placed with a county MR/DD board 7,742
in fiscal year 1998; 7,743
(b) The number of handicapped children, other than 7,745
handicapped preschool children, placed with a county MR/DD board 7,747
in the current fiscal year to receive category one special 7,748
education services, described in division (A) of section 3317.013 7,750
of the Revised Code; 7,751
(c) The number of handicapped children, other than 7,753
handicapped preschool children, placed with a county MR/DD board 7,755
in the current fiscal year to receive category two special 7,756
education services, described in division (B) of section 3317.013 7,758
of the Revised Code; 7,759
(d) The number of handicapped children, other than 7,761
handicapped preschool children, placed with a county MR/DD board 7,763
in the current fiscal year to receive category three special 7,764
172
education services, described in division (F)(3) of section 7,766
3317.02 of the Revised Code. 7,768
(C) Except as otherwise provided in this section for 7,770
kindergarten students, the average daily membership in divisions 7,771
(B)(1) to (8)(9) of this section shall be based upon the number 7,773
of full-time equivalent students. The state board of education 7,774
shall adopt rules defining full-time equivalent students and for 7,775
determining the average daily membership therefrom for the 7,777
purposes of divisions (A) and, (B), AND (D) of this section. No 7,778
child shall be counted as more than a total of one child in the 7,779
sum of the average daily memberships of a school district under 7,781
division (A) or under, divisions (B)(1) to (8)(9), OR DIVISION 7,782
(D) of this section. Based on the information reported under 7,784
this section, the department of education shall determine the
total student count, as defined in section 3301.011 of the 7,785
Revised Code, for each school district. 7,786
(D)(1) The superintendent of each joint vocational and 7,788
cooperative education school district shall certify to the 7,790
superintendent of public instruction, in a manner prescribed by
the state board of education, the applicable ON OR BEFORE THE 7,791
FIFTEENTH DAY OF OCTOBER IN EACH YEAR FOR THE FIRST FULL SCHOOL 7,792
WEEK IN OCTOBER THE FORMULA ADM, WHICH SHALL CONSIST OF THE 7,794
average daily memberships for all students in the joint 7,795
vocational or cooperative education school district, MEMBERSHIP 7,797
DURING SUCH WEEK, ON AN FTE BASIS, OF THE NUMBER OF STUDENTS 7,799
RECEIVING ANY EDUCATIONAL SERVICES FROM THE DISTRICT, EXCEPT THAT 7,800
THE FOLLOWING CATEGORIES OF STUDENTS SHALL NOT BE INCLUDED IN THE 7,801
DETERMINATION:
(a) STUDENTS ENROLLED IN ADULT EDUCATION CLASSES; 7,803
(b) ADJACENT OR OTHER DISTRICT JOINT VOCATIONAL STUDENTS 7,805
ENROLLED IN THE DISTRICT UNDER AN OPEN ENROLLMENT POLICY PURSUANT 7,807
TO SECTION 3313.98 OF THE REVISED CODE; 7,808
(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT 7,810
TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT 7,811
173
WHO ARE ENTITLED TO ATTEND SCHOOL IN A CITY, LOCAL, OR EXEMPTED 7,813
VILLAGE SCHOOL DISTRICT WHOSE TERRITORY IS NOT PART OF THE 7,814
TERRITORY OF THE JOINT VOCATIONAL DISTRICT;
(d) STUDENTS FOR WHOM TUITION IS PAYABLE PURSUANT TO 7,816
SECTIONS 3317.081 AND 3323.141 OF THE REVISED CODE. 7,817
(2) TO ENABLE THE DEPARTMENT OF EDUCATION TO OBTAIN THE 7,819
DATA NEEDED TO COMPLETE THE CALCULATION OF PAYMENTS PURSUANT TO 7,820
THIS CHAPTER, IN ADDITION TO THE FORMULA ADM, EACH SUPERINTENDENT 7,821
SHALL REPORT SEPARATELY THE AVERAGE DAILY MEMBERSHIP INCLUDED IN 7,822
THE REPORT UNDER DIVISION (D)(1) OF THIS SECTION FOR EACH OF THE 7,823
FOLLOWING CATEGORIES OF STUDENTS: 7,824
(a) STUDENTS ENROLLED IN EACH GRADE INCLUDED IN THE JOINT 7,826
VOCATIONAL DISTRICT SCHOOLS; 7,827
(b) HANDICAPPED CHILDREN RECEIVING CATEGORY ONE SPECIAL 7,829
EDUCATION SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.013 7,831
OF THE REVISED CODE;
(c) HANDICAPPED CHILDREN RECEIVING CATEGORY TWO SPECIAL 7,833
EDUCATION SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.013 7,835
OF THE REVISED CODE;
(d) HANDICAPPED CHILDREN IDENTIFIED AS HAVING ANY OF THE 7,837
HANDICAPS SPECIFIED IN DIVISION (F)(3) OF SECTION 3317.02 OF THE 7,839
REVISED CODE;
(e) STUDENTS RECEIVING CATEGORY ONE VOCATIONAL EDUCATION 7,841
SERVICES, DESCRIBED IN DIVISION (A) OF SECTION 3317.014 OF THE 7,842
REVISED CODE;
(f) STUDENTS RECEIVING CATEGORY TWO VOCATIONAL EDUCATION 7,844
SERVICES, DESCRIBED IN DIVISION (B) OF SECTION 3317.014 OF THE 7,845
REVISED CODE.
THE SUPERINTENDENT OF EACH JOINT VOCATIONAL SCHOOL DISTRICT 7,847
SHALL also indicating INDICATE the city, local, or exempted 7,849
village school district of residence for IN WHICH each JOINT 7,850
VOCATIONAL DISTRICT pupil IS ENTITLED TO ATTEND SCHOOL PURSUANT 7,851
TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.
(E) In each school of each city, local, exempted village, 7,853
174
joint vocational, and cooperative education school district there 7,854
shall be maintained a record of school membership, which record 7,855
shall accurately show, for each day the school is in session, the 7,856
actual membership enrolled in regular day classes. For the 7,857
purpose of determining average daily membership, the membership 7,858
figure of any school shall not include any pupils except those 7,859
pupils described by division (A) of this section. The record of 7,861
membership for each school shall be maintained in such manner 7,862
that no pupil shall be counted as in membership prior to the 7,863
actual date of entry in the school and also in such manner that 7,864
where for any cause a pupil permanently withdraws from the school 7,865
that pupil shall not be counted as in membership from and after 7,867
the date of such withdrawal. There shall not be included in the 7,868
membership of any school any of the following:
(1) Any pupil who has graduated from the twelfth grade of 7,871
a public high school;
(2) Any pupil who is not a resident of the state; 7,873
(3) Any pupil who was enrolled in the schools of the 7,876
district during the previous school year when tests were
administered under section 3301.0711 of the Revised Code but did 7,877
not take one or more of the tests required by that section and 7,878
was not excused pursuant to division (C)(1) of that section; 7,879
(4) Any pupil who has attained the age of twenty-two 7,881
years, except for the following: 7,882
(a) Persons suffering from tuberculosis and receiving 7,884
treatment in any approved state, county, district, or municipal 7,885
tuberculosis hospital who have not graduated from the twelfth 7,886
grade of a public high school; 7,887
(b) Veterans of the armed services whose attendance was 7,889
interrupted before completing the recognized twelve-year course 7,890
of the public schools by reason of induction or enlistment in the 7,891
armed forces and who apply for reenrollment in the public school 7,892
system of their residence not later than four years after 7,893
termination of war or their honorable discharge. 7,894
175
If, however, any veteran described by division (E)(4)(b) of 7,897
this section elects to enroll in special courses organized for 7,898
veterans for whom tuition is paid under the provisions of federal 7,899
laws, or otherwise, that veteran shall not be included in average 7,901
daily membership.
Notwithstanding division (E)(3) of this section, the 7,903
membership of any school may include a pupil who did not take a 7,904
test required by section 3301.0711 of the Revised Code if the 7,905
superintendent of public instruction grants a waiver from the 7,906
requirement to take the test to the specific pupil. The 7,907
superintendent may grant such a waiver only for good cause in 7,908
accordance with rules adopted by the state board of education. 7,909
The EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, 7,911
THE average daily membership figure of any local, city, or 7,912
exempted village, OR JOINT VOCATIONAL school district shall be 7,913
determined by dividing the figure representing the sum of the 7,915
number of pupils enrolled during each day the school of 7,916
attendance is actually open for instruction during the first full 7,917
school week in October by the total number of days the school was 7,918
actually open for instruction during that week. For purposes of 7,919
state funding, "enrolled" persons are only those pupils who are 7,920
attending school, those who have attended school during the 7,921
current school year and are absent for authorized reasons, and 7,922
those handicapped children currently receiving home instruction. 7,923
The average daily membership figure of any joint vocational 7,925
or cooperative education school district shall be determined in 7,926
accordance with rules adopted by the state board of education. 7,927
(F)(1) If the formula ADM for the first full school week 7,930
in February is at least three per cent greater than that 7,931
certified for the first full school week in the preceding 7,932
October, the superintendent of schools of any city or, exempted 7,933
village, OR JOINT VOCATIONAL school district or educational 7,935
service center shall certify such increase to the superintendent 7,936
of public instruction. Such certification shall be submitted no 7,937
176
later than the fifteenth day of February. For the balance of the 7,938
fiscal year, beginning with the February payments, the 7,939
superintendent of public instruction shall use the increased 7,940
formula ADM in calculating or recalculating the amounts to be 7,941
allocated in accordance with section 3317.022 OR 3317.16 of the 7,943
Revised Code. In no event shall the superintendent use an 7,944
increased membership certified to the superintendent after the 7,945
fifteenth day of February. 7,946
(2) If during ON the first full school week in February 7,949
DAY OF APRIL the total number of CLASSES OR units for handicapped 7,950
preschool children that are eligible for approval under division 7,952
(B) of section 3317.05 of the Revised Code exceeds the number of 7,953
such units that have been approved for the year under such THAT 7,954
division, the superintendent of schools of any city, exempted 7,956
village, or cooperative education school district or educational 7,957
service center shall make the certifications required by this 7,958
section for such week THAT DAY. If the state board of education 7,959
determines additional units can be approved for the fiscal year 7,961
within any limitations set forth in the acts appropriating moneys 7,962
for the funding of such units, the board shall approve additional 7,963
units for the fiscal year on the basis of such average daily 7,964
membership. For each unit so approved, the department of 7,965
education shall pay an amount computed in the manner prescribed 7,966
in section 3317.161 or 3317.19 and section 3317.162 of the 7,967
Revised Code.
(3) If during the first full school week in February the 7,969
total number of special education units that are eligible for 7,970
approval under division (D)(1) of section 3317.05 of the Revised 7,971
Code for a joint vocational school district exceeds the number of 7,972
those units that have been approved for the year under that 7,973
division, the superintendent of the district shall make the
certifications required by this section for that week. If the 7,974
state board of education determines additional units can be 7,975
approved for the fiscal year within any limitations set forth in 7,976
177
the acts appropriating moneys for the funding of such units, the 7,977
state board shall approve additional units for the fiscal year on 7,978
the basis of the average daily membership certified. For each
unit approved, the department of education shall pay an amount 7,979
computed in the manner prescribed by section 3317.16 of the 7,980
Revised Code.
(G)(1)(a) The superintendent of an institution operating a 7,982
special education program pursuant to section 3323.091 of the 7,983
Revised Code shall, for the programs under such superintendent's 7,985
supervision, certify to the state board of education the average 7,986
daily membership of all handicapped children in classes or 7,987
programs approved annually by the state board of education, in 7,988
the manner prescribed by the superintendent of public 7,989
instruction.
(b) The superintendent of an institution with vocational 7,992
education units approved under division (A) of section 3317.05 of 7,993
the Revised Code shall, for the units under the superintendent's 7,995
supervision, certify to the state board of education the average 7,996
daily membership in those units, in the manner prescribed by the 7,997
superintendent of public instruction. 7,998
(2) The superintendent of each county MR/DD board that 8,000
maintains special education classes or units approved by the 8,001
state board of education pursuant to section 3317.05 of the 8,003
Revised Code shall do both of the following: 8,004
(a) Certify to the state board, in the manner prescribed 8,007
by the board, the average daily membership in classes and units 8,008
approved under division (D)(1) of section 3317.05 of the Revised 8,009
Code for each school district that has placed children in the 8,010
classes or units;
(b) Certify to the state board, in the manner prescribed 8,012
by the board, the average daily membership NUMBER OF ALL 8,014
HANDICAPPED PRESCHOOL CHILDREN ENROLLED AS OF THE FIRST DAY OF 8,015
DECEMBER in preschool handicapped units approved CLASSES ELIGIBLE 8,016
FOR APPROVAL under division (B) of section 3317.05 of the Revised 8,017
178
Code, AND THE NUMBER OF THOSE CLASSES. 8,018
(3)(a) If during the first full school week in February 8,020
the average daily membership of the classes or units maintained 8,021
by the county MR/DD board that are eligible for approval under 8,022
division (D)(1) of section 3317.05 of the Revised Code is greater 8,024
than the average daily membership for the preceding October, the 8,025
superintendent of the board shall make the certifications 8,026
required by this section for such week and, if during. 8,028
(b) IF ON the first full school week in February DAY OF 8,032
APRIL the average daily membership NUMBER of the CLASSES OR units 8,033
maintained FOR HANDICAPPED PRESCHOOL CHILDREN by the county MR/DD 8,034
board that are eligible for approval under division (B) of 8,035
section 3317.05 of the Revised Code is greater than the average 8,036
daily membership for the preceding October NUMBER OF UNITS 8,037
APPROVED FOR THE YEAR UNDER THAT DIVISION, the superintendent 8,038
shall certify the average daily membership for the first full 8,039
school week in February for such units to the state board of 8,040
education MAKE THE CERTIFICATION REQUIRED BY THIS SECTION FOR 8,041
THAT DAY. If
(c) IF the state board determines that additional classes 8,043
or units can be approved for the fiscal year within any 8,045
limitations set forth in the acts appropriating moneys for the 8,046
funding of such THE classes and units DESCRIBED IN DIVISION 8,047
(G)(3)(a) OR (b) OF THIS SECTION, the board shall approve and 8,048
fund additional units for the fiscal year on the basis of such 8,050
average daily membership. For each unit so approved, the 8,051
department of education shall pay an amount computed in the 8,052
manner prescribed in sections 3317.161 and 3317.162 of the 8,053
Revised Code.
(H) Except as provided in division (I) of this section, 8,056
when any city, local, or exempted village school district 8,057
provides instruction for a nonresident pupil whose attendance is 8,058
unauthorized attendance as defined in section 3327.06 of the 8,059
Revised Code, that pupil's membership shall not be included in 8,060
179
that district's membership figure used in the calculation of that 8,061
district's formula ADM or included in the determination of any 8,062
unit approved for the district under section 3317.05 of the 8,063
Revised Code. The reporting official shall report separately the 8,064
average daily membership of all pupils whose attendance in the 8,065
district is unauthorized attendance, and the membership of each 8,066
such pupil shall be credited to the school district in which the 8,067
pupil is entitled to attend school under division (B) of section 8,068
3313.64 or section 3313.65 of the Revised Code as determined by 8,069
the department of education. 8,070
(I)(1) A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT 8,072
VOCATIONAL school district admitting a scholarship student of a 8,075
pilot project district pursuant to division (C) of section
3313.976 of the Revised Code may count such student in its 8,076
average daily membership.
(2) In any year for which funds are appropriated for pilot 8,078
project scholarship programs, a school district implementing a 8,079
state-sponsored pilot project scholarship program that year 8,080
pursuant to sections 3313.974 through 3313.979 of the Revised 8,082
Code may count in average daily membership:
(a) All children residing in the district and utilizing a 8,084
scholarship to attend kindergarten in any alternative school, as 8,085
defined in division (A)(9) of section 3313.974 of the Revised 8,086
Code;
(b) All children who were enrolled in the district in the 8,088
preceding year who are utilizing a scholarship to attend any such 8,089
alternative school. 8,090
(J) THE SUPERINTENDENT OF EACH COOPERATIVE EDUCATION 8,092
SCHOOL DISTRICT SHALL CERTIFY TO THE SUPERINTENDENT OF PUBLIC 8,093
INSTRUCTION, IN A MANNER PRESCRIBED BY THE STATE BOARD OF 8,094
EDUCATION, THE APPLICABLE AVERAGE DAILY MEMBERSHIPS FOR ALL 8,095
STUDENTS IN THE COOPERATIVE EDUCATION DISTRICT, ALSO INDICATING 8,096
THE CITY, LOCAL, OR EXEMPTED VILLAGE DISTRICT WHERE EACH PUPIL IS
ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE 8,097
180
REVISED CODE.
Sec. 3317.033. In accordance with rules which the state 8,106
board of education shall adopt, each joint vocational school 8,108
district shall do both of the following:
(A) Maintain a record of district membership of any 8,111
persons who are not eligible to be included in the average daily 8,112
membership determined under division (D) of section 3317.03 of 8,114
the Revised Code and who are participating in a program funded 8,116
with a secondary vocational education job-training unit approved 8,117
under division (A) of section 3317.05 of the Revised Code;
(B) Annually certify to the state board of education the 8,119
number of persons for whom a record is maintained under division 8,120
(A) of this section. These numbers shall be reported for each 8,121
unit and on a full-time equivalent basis. 8,122
Sec. 3317.05. (A) For the purpose of calculating payments 8,132
under sections 3317.16, 3317.161, and 3317.162 of the Revised 8,134
Code, the state board of education shall determine for each joint 8,135
vocational school district and institution, by the last day of 8,136
January of each year and based on information certified under 8,137
section 3317.03 of the Revised Code, the number of vocational 8,139
education units or fractions of units approved by the state board 8,140
on the basis of standards and rules adopted by the state board. 8,141
As used in this division, "institution" means an institution 8,142
operated by a department specified in section 3323.091 of the 8,143
Revised Code and that provides vocational education programs 8,144
under the supervision of the division of vocational education of 8,145
the department of education that meet the standards and rules for 8,146
these programs, including licensure of professional staff 8,147
involved in the programs, as established by the state board of 8,148
education.
(B) For the purpose of calculating payments under sections 8,151
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 8,152
state board shall determine, based on information certified under 8,154
section 3317.03 of the Revised Code, the following by the last 8,155
181
day of January of each year for each educational service center, 8,157
for each school district, including each cooperative education 8,158
school district, for each institution eligible for payment under 8,159
section 3323.091 of the Revised Code, and for each county MR/DD 8,160
board: the number of classes operated by the school district, 8,161
service center, institution, or county MR/DD board for 8,162
handicapped preschool children, or fraction thereof, including in 8,164
the case of a district or service center that is a funding agent, 8,165
classes taught by a licensed teacher employed by that district or 8,166
service center under section 3313.841 of the Revised Code, 8,167
approved annually by the state board on the basis of standards 8,168
and rules adopted by the state board. 8,169
(C) For the purpose of calculating payments under sections 8,171
3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the 8,174
state board shall determine, based on information certified under 8,175
section 3317.03 of the Revised Code, the following by the last 8,176
day of January of each year for each school district, including 8,178
each cooperative education school district, for each institution 8,179
eligible for payment under section 3323.091 of the Revised Code, 8,180
and for each county MR/DD board: the number of preschool 8,182
handicapped related services units for child study, occupational, 8,183
physical, or speech and hearing therapy, special education 8,184
supervisors, and special education coordinators approved annually 8,185
by the state board on the basis of standards and rules adopted by 8,186
the state board.
(D) For the purpose of calculating payments under sections 8,189
3317.16, 3317.161, and 3317.162 of the Revised Code, the state 8,191
board shall determine, based on information certified under 8,192
section 3317.03 of the Revised Code, the following by the last 8,193
day of January of each year for each joint vocational school 8,194
district, for each institution eligible for payment under section 8,195
3323.091 of the Revised Code, and for each county MR/DD board: 8,196
(1) The number of classes operated by a joint vocational 8,198
school district, AN institution, or county MR/DD board for 8,200
182
handicapped children other than handicapped preschool children, 8,201
or fraction thereof, approved annually by the state board on the 8,203
basis of standards and rules adopted by the state board;
(2) The number of related services units for children 8,205
other than handicapped preschool children for child study, 8,206
occupational, physical, or speech and hearing therapy, special 8,207
education supervisors, and special education coordinators 8,208
approved annually by the state board on the basis of standards 8,210
and rules adopted by the state board.
(E) All of the arithmetical calculations made under this 8,212
section shall be carried to the second decimal place. The total 8,213
number of units for school districts, service centers, and 8,215
institutions approved annually by the state board under this 8,216
section shall not exceed the number of units included in the 8,217
state board's estimate of cost for these units and appropriations 8,219
made for them by the general assembly. 8,220
In the case of units described in division (D)(1) of this 8,223
section operated by county MR/DD boards and institutions eligible 8,225
for payment under section 3323.091 of the Revised Code, the state 8,226
board shall approve only units for persons who are under age 8,227
twenty-two on the first day of the academic year, but not less 8,228
than six years of age on the thirtieth day of September of that 8,229
year, except that such a unit may include one or more children 8,230
who are under six years of age on the thirtieth day of September 8,231
if such children have been admitted to the unit pursuant to rules 8,232
of the state board. In the case of handicapped preschool units 8,233
described in division (B) of this section operated by county 8,235
MR/DD boards and institutions eligible for payment under section 8,236
3323.091 of the Revised Code, the state board shall approve only 8,237
preschool units for children who are under age six but not less 8,238
than age three on the thirtieth day of September of the academic 8,239
year, except that such a unit may include one or more children 8,240
who are under age three or are age six or over on the thirtieth 8,241
day of September if such children have been admitted to the unit 8,242
183
pursuant to rules of the state board of education. The number of 8,243
units for county MR/DD boards and institutions eligible for 8,245
payment under section 3323.091 of the Revised Code approved by 8,246
the state board under this section shall not exceed the number
that can be funded with appropriations made for such purposes by 8,247
the general assembly. 8,248
No unit shall be approved under divisions (B) to (D) of 8,251
this section unless a plan has been submitted and approved under 8,252
Chapter 3323. of the Revised Code.
(F) For fiscal year 1999 only, the THE department shall 8,254
approve units or fractions thereof for gifted children on the 8,255
basis of standards and rules adopted by the board. 8,256
Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 8,265
and 3317.11 of the Revised Code, a unit funded pursuant to 8,266
division (P)(1) of section 3317.024 or division (A)(2) of section 8,268
3317.161 of the Revised Code shall not be approved for state 8,269
funding in one school district, including any joint vocational or 8,270
cooperative education school district or any educational service 8,271
center, to the extent that such unit provides programs in or 8,272
services to another district which receives payment pursuant to 8,273
section 3317.04 of the Revised Code. 8,274
(2) Any city, local, exempted village, or cooperative 8,277
education school district or any educational service center may 8,278
combine partial unit eligibility for handicapped preschool 8,279
programs pursuant to section 3317.05 of the Revised Code, and 8,280
such combined partial units may be approved for state funding in 8,282
one school district or service center. 8,283
(B) After units have been initially approved for any 8,285
fiscal year under section 3317.05 of the Revised Code, no unit 8,287
shall be subsequently transferred from a school district or 8,289
educational service center to another city, exempted village, 8,290
local, joint vocational, or cooperative education school district 8,291
or educational service center or to an institution or county 8,294
MR/DD board solely for the purpose of reducing the financial
184
obligations of the school district in a fiscal year it receives 8,295
payment pursuant to section 3317.04 of the Revised Code. 8,296
Sec. 3317.11. (A) Annually, on or before a date 8,305
designated by the state board of education, each educational 8,306
service center governing board shall prepare a budget of 8,308
operating expenses for the ensuing year for the service center on 8,309
forms prepared and furnished by the state board of education and 8,310
shall certify the budget to the state board of education, 8,311
together with such other information as the board may require. 8,312
Such budget shall consist of two parts. Part (A) shall include 8,313
the cost of the salaries, employers retirement contributions, and 8,314
travel expenses of supervisory teachers approved by the state 8,315
board of education. The amount derived from the calculation for 8,316
such units in part (A) of the governing board budget shall be the 8,317
sum of:
(1) The sum of the minimum salaries calculated, pursuant 8,319
to section 3317.13 of the Revised Code, for each approved 8,320
licensed employee of the governing board; 8,321
(2) An additional salary allowance proportional to the 8,323
length of the extended term of service not to exceed three months 8,324
for each supervisory and child study teacher whose term of 8,325
service in any year is extended beyond the terms of service of 8,326
regular classroom teachers; 8,327
(3) An allowance equal to fifteen per cent of the amount 8,329
computed under division (A)(1) of this section; 8,330
(4) An allowance for necessary travel expenses, for each 8,332
of the personnel approved in part (A) of the budget, limited to 8,333
two hundred twenty-three dollars and sixteen cents per month, or 8,334
two thousand six hundred seventy-eight dollars per year per 8,335
person employed, whichever is the lesser. 8,336
Part (B) shall include the cost of all other lawful 8,339
expenditures of the governing board. The state board of 8,340
education shall review such budget and may approve, increase, or
decrease such budget. 8,341
185
The governing board shall be reimbursed by the state board 8,344
of education from state funds for the cost of part (A) of the 8,345
budget. The governing board shall be reimbursed by the state
board of education, from state funds for the cost of part (B) of 8,347
the approved budget that is in excess of six dollars and fifty 8,348
cents times the service center ADM. If the governing board 8,349
provides services to city or exempted village school districts 8,350
pursuant to section 3313.843 of the Revised Code, the governing 8,351
board shall be reimbursed from state funds for the cost of part 8,352
(B) of the budget that is in excess of six dollars and fifty 8,353
cents times the sum of the service center ADM and the client ADMs 8,355
of the city or exempted village districts to which such services 8,356
are provided. The cost of part (B) not in excess of six dollars 8,357
and fifty cents times the number of such ADM shall be apportioned 8,358
by the state board of education among the local school districts 8,359
in the territory of the service center, or among all districts to 8,360
which the governing board provides services, on the basis of the 8,362
total number of pupils in each school district. 8,363
If part (B) of the budget is in excess of that approved by 8,365
the state board of education, the excess cost shall be 8,366
apportioned by the state board of education among the local 8,367
school districts in the territory of the service center on the 8,369
basis of the total number of such pupils in each such school 8,370
district, provided that a majority of the boards of education of 8,371
such local school districts approve such apportionment. The 8,372
state board of education shall initiate and supervise the 8,373
procedure by which the local boards shall approve or disapprove 8,374
such apportionment.
The amounts so apportioned shall be certified to the 8,376
treasurers of the various school districts. In the case of each 8,377
district such amount shall be deducted by the state board of 8,378
education from funds allocated to the district pursuant to 8,379
division (E) of section 3317.023 of the Revised Code. 8,380
The state board of education shall certify to the director 8,382
186
of budget and management for payment the total of the deductions, 8,383
whereupon the amount shall be paid to the governing board of each 8,385
service center, to be deposited to the credit of a separate fund, 8,387
hereby created, to be known as the educational service center 8,388
governing board fund.
An educational service center may provide special education 8,391
to students in its local districts or in client districts. A 8,392
service center is eligible for funding under division (J) of 8,394
section 3317.024 of the Revised Code and eligible for state 8,395
subsidies for the purchase of school buses under section 3317.07 8,396
of the Revised Code. Special education units for gifted children 8,398
may be operated by a governing board. Vocational education may
be provided by a governing board. A governing board may conduct 8,400
driver education for pupils enrolled in a high school for which 8,401
the state board of education prescribes minimum standards and 8,402
which is eligible for funding under division (I) of section 8,403
3317.024 of the Revised Code.
Every local school district shall be provided supervisory 8,405
services by its governing board as approved by the state board of 8,407
education. A city or exempted village school district shall be 8,408
considered to be provided supervisory services by a governing 8,409
board if it has entered into an agreement for the governing board 8,410
to provide any services under section 3313.843 of the Revised 8,411
Code. Supervisory services shall not exceed one supervisory 8,413
teacher for the first fifty classroom teachers employed in all 8,414
districts that are provided supervisory services calculated under 8,415
section 3317.023 of the Revised Code and one supervisory teacher 8,416
for every additional one hundred such classroom teachers so 8,417
calculated. Reimbursement for such supervisory services shall be 8,418
a deduction by the state board of education from the payment to 8,419
the school district pursuant to division (E) of section 3317.023 8,420
of the Revised Code. Deductions for all supervisory services and 8,421
extended services for supervisory and child study shall be 8,422
apportioned among local school districts within the territory of 8,423
187
the service center and any city or exempted village districts 8,424
that have entered into agreements with a service center pursuant 8,425
to section 3313.843 of the Revised Code by the state board of 8,426
education on the basis of the total number of pupils in each 8,427
school district, except that where such services are provided to 8,428
districts other than local school districts within the service 8,430
center territory and city or exempted village districts having
agreements with the service center, such charges shall be 8,431
apportioned among all participating districts on the basis of the 8,433
total number of pupils in each school district. All deductions 8,434
from state funding to school districts required for reimbursement 8,435
of governing boards by division (E) of section 3317.023 of the 8,436
Revised Code shall be made from the total of the payment computed 8,437
for the district under this chapter, after making any other 8,441
adjustments in that payment required by law.
(B)(1) In addition to the payments made under division (A) 8,443
of this section, except as otherwise provided in division (C) of 8,445
this section, the department of education shall pay each 8,446
governing board, each fiscal year, an THE amount equal to 8,447
thirty-four dollars IN THE FOLLOWING SCHEDULE FOR THE SPECIFIED 8,448
FISCAL YEAR, times the sum of the service center ADM and 8,450
thirty-four dollars times the sum of the client ADMs of all its 8,451
client districts:
(a) IN FISCAL YEAR 2000, THIRTY-SIX DOLLARS; 8,453
(b) IN FISCAL YEAR 2001, THIRTY-SEVEN DOLLARS. 8,455
(2) In addition to other payments under this section, the 8,457
department shall pay each educational service center the amounts 8,458
due to it from school districts pursuant to contracts, compacts, 8,459
or agreements under which the service center furnishes services 8,460
to the districts or their students. In order to receive payment 8,461
under this division, an educational service center shall furnish 8,462
either a copy of the applicable contract, compact, or agreement 8,463
clearly indicating the amounts of the payments, or a written 8,464
statement of the payments owed signed by the superintendent or
188
treasurer of the responsible school district. 8,465
The amounts paid to service centers under division (B)(2) 8,467
of this section shall be deducted from payments to school 8,468
districts pursuant to division (K)(2) of section 3317.023 of the 8,469
Revised Code.
(C) Beginning with the fiscal year that starts July 1, 8,471
1997, in lieu of the payment specified under division (B) of this 8,473
section, each EACH multicounty service center shall receive a 8,474
payment each fiscal year equal to one per cent FORTY DOLLARS AND 8,476
FIFTY-TWO CENTS times the formula amount times the sum of the 8,478
service center ADM and the client ADMs of all its client 8,479
districts.
(D) Each city, exempted village, local, joint vocational, 8,481
or cooperative education school district shall pay to the 8,483
governing board of an educational service center any amounts
agreed to for each child enrolled in the district who receives 8,484
special education and related services or vocational education 8,485
from the educational service center.
(E) As used in this section: 8,487
(1) "Service center ADM" means the total of each of the 8,490
following for all local school districts within the limits of an 8,491
educational service center's territory:
(a) The formula ADM; 8,493
(b) The kindergarten average daily membership included in 8,496
the formula ADM;
(c) Three-quarters of the number of students reported 8,498
under division (B)(4) of section 3317.03 of the Revised Code; 8,499
(d) The average daily membership of handicapped preschool 8,502
children reported under division (B)(2) of section 3317.03 of the 8,503
Revised Code;
(e) The number of preschool students certified under 8,505
division (B) of section 3317.032 of the Revised Code. 8,506
(2) "Client ADM" means the total of each number described 8,509
under divisions (E)(1)(a) to (e) of this section for a client 8,510
189
district.
(3) "Client district" means a city or exempted village 8,512
school district that has entered into an agreement to receive 8,513
services from a service center pursuant to section 3313.843 of 8,514
the Revised Code.
(4) "Multicounty service center" means a service center 8,516
that includes territory that formerly was included in the 8,517
territory of at least three former service centers or county 8,518
school districts, which former centers or districts engaged in 8,519
one or more mergers pursuant to section 3311.053 of the Revised 8,520
Code to form the present center.
Sec. 3317.16. (A) AS USED IN THIS SECTION: 8,522
(1) "STATE SHARE PERCENTAGE" MEANS THE PERCENTAGE 8,524
CALCULATED FOR A JOINT VOCATIONAL SCHOOL DISTRICT AS FOLLOWS: 8,525
(a) CALCULATE THE STATE BASE COST FUNDING AMOUNT FOR THE 8,527
DISTRICT UNDER DIVISION (B) OF THIS SECTION. IF THE DISTRICT 8,529
WOULD NOT RECEIVE ANY BASE COST FUNDING FOR THAT YEAR UNDER THAT 8,530
DIVISION, THE DISTRICT'S STATE SHARE PERCENTAGE IS ZERO. 8,531
(b) IF THE DISTRICT WOULD RECEIVE BASE COST FUNDING UNDER 8,533
THAT DIVISION, DIVIDE THAT BASE COST AMOUNT BY AN AMOUNT EQUAL TO 8,535
THE FOLLOWING:
COST-OF-DOING-BUSINESS FACTOR X 8,537
THE FORMULA AMOUNT X 8,538
THE GREATER OF FORMULA ADM OR 8,539
THREE-YEAR AVERAGE FORMULA ADM 8,540
THE RESULTANT NUMBER IS THE DISTRICT'S STATE SHARE 8,542
PERCENTAGE.
(2) THE "TOTAL SPECIAL EDUCATION WEIGHT" FOR A JOINT 8,544
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 8,545
AS PRESCRIBED IN DIVISION (B)(1) OF SECTION 3317.022 OF THE 8,546
REVISED CODE. 8,547
(3) THE "TOTAL VOCATIONAL EDUCATION WEIGHT" FOR A JOINT 8,549
VOCATIONAL SCHOOL DISTRICT SHALL BE CALCULATED IN THE SAME MANNER 8,550
AS PRESCRIBED IN DIVISION (B)(4) OF SECTION 3317.022 OF THE 8,552
190
REVISED CODE.
(4) THE "ADJUSTED TOTAL TAXABLE VALUE" OF A JOINT 8,554
VOCATIONAL SCHOOL DISTRICT SHALL BE DETERMINED BY ADDING THE 8,555
ADJUSTED TOTAL TAXABLE VALUES OF ALL ITS CONSTITUENT SCHOOL 8,556
DISTRICTS FOR THE APPLICABLE FISCAL YEAR. 8,557
(B) THE DEPARTMENT OF EDUCATION SHALL COMPUTE AND 8,559
DISTRIBUTE STATE BASE COST FUNDING TO EACH JOINT VOCATIONAL 8,560
SCHOOL DISTRICT FOR THE FISCAL YEAR IN ACCORDANCE WITH THE 8,561
FOLLOWING FORMULA:
(COST-OF-DOING-BUSINESS FACTOR X 8,563
FORMULA AMOUNT X THE GREATER OF FORMULA 8,564
ADM OR THREE-YEAR AVERAGE FORMULA ADM) - 8,565
(.0005 X ADJUSTED TOTAL TAXABLE VALUE) 8,566
IF THE DIFFERENCE OBTAINED UNDER THIS DIVISION IS A 8,568
NEGATIVE NUMBER, THE DISTRICT'S COMPUTATION SHALL BE ZERO. 8,569
(C)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 8,571
VOCATIONAL EDUCATION ADDITIONAL WEIGHTED COSTS FUNDS TO EACH 8,572
JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH THE FOLLOWING 8,573
FORMULA:
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 8,575
TOTAL VOCATIONAL EDUCATION WEIGHT 8,576
(2) THE DEPARTMENT SHALL COMPUTE FOR EACH JOINT VOCATIONAL 8,579
SCHOOL DISTRICT STATE FUNDS FOR VOCATIONAL EDUCATION ASSOCIATED 8,580
SERVICES COSTS IN ACCORDANCE WITH THE FOLLOWING FORMULA: 8,581
STATE SHARE PERCENTAGE X .05 X 8,583
THE FORMULA AMOUNT X THE SUM OF 8,584
CATEGORIES ONE AND TWO VOCATIONAL 8,585
EDUCATION ADM 8,586
IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL DISTRICT 8,588
RECEIVING FUNDS UNDER DIVISION (C)(2) OF THIS SECTION, OR THROUGH 8,589
A TRANSFER OF FUNDS PURSUANT TO DIVISION (L) OF SECTION 3317.023 8,591
OF THE REVISED CODE, SHALL SPEND THOSE FUNDS ONLY FOR THE 8,592
PURPOSES THAT THE DEPARTMENT DESIGNATES AS APPROVED FOR 8,593
VOCATIONAL EDUCATION ASSOCIATED SERVICES EXPENSES, WHICH MAY 8,594
191
INCLUDE SUCH PURPOSES AS APPRENTICESHIP COORDINATORS,
COORDINATORS FOR OTHER VOCATIONAL EDUCATION SERVICES, VOCATIONAL 8,595
EVALUATION, AND OTHER PURPOSES DESIGNATED BY THE DEPARTMENT. THE 8,596
DEPARTMENT MAY DENY PAYMENT UNDER DIVISION (C)(2) OF THIS SECTION 8,597
TO ANY DISTRICT THAT THE DEPARTMENT DETERMINES IS NOT OPERATING 8,598
THOSE SERVICES OR IS USING FUNDS PAID UNDER DIVISION (C)(2) OF 8,599
THIS SECTION, OR THROUGH A TRANSFER OF FUNDS PURSUANT TO DIVISION 8,600
(L) OF SECTION 3317.023 OF THE REVISED CODE, FOR OTHER PURPOSES. 8,601
(D)(1) THE DEPARTMENT SHALL COMPUTE AND DISTRIBUTE STATE 8,603
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 8,604
FUNDS TO EACH JOINT VOCATIONAL SCHOOL DISTRICT IN ACCORDANCE WITH 8,605
THE FOLLOWING FORMULA: 8,606
STATE SHARE PERCENTAGE X FORMULA AMOUNT X 8,608
TOTAL SPECIAL EDUCATION WEIGHT 8,609
(2)(a) AS USED IN THIS DIVISION, THE "PERSONNEL ALLOWANCE" 8,611
MEANS TWENTY-FIVE THOUSAND DOLLARS IN FISCAL YEAR 2000 AND THIRTY 8,612
THOUSAND DOLLARS IN FISCAL YEAR 2001. 8,613
(b) FOR THE PROVISION OF SPEECH SERVICES TO STUDENTS AND 8,615
FOR NO OTHER PURPOSE, THE DEPARTMENT SHALL PAY EACH JOINT 8,616
VOCATIONAL SCHOOL DISTRICT AN AMOUNT CALCULATED UNDER THE 8,618
FOLLOWING FORMULA:
(FORMULA ADM DIVIDED BY 2000) X THE PERSONNEL 8,619
ALLOWANCE X STATE SHARE PERCENTAGE 8,620
(E) IF A JOINT VOCATIONAL SCHOOL DISTRICT'S COSTS FOR A 8,623
FISCAL YEAR FOR A STUDENT IN ITS CATEGORY THREE SPECIAL EDUCATION 8,624
ADM ARE TWENTY-FIVE THOUSAND DOLLARS OR MORE, THE DISTRICT MAY 8,625
SUBMIT TO THE SUPERINTENDENT OF PUBLIC INSTRUCTION DOCUMENTATION, 8,626
AS PRESCRIBED BY THE SUPERINTENDENT, OF ALL OF ITS COSTS FOR THAT 8,627
STUDENT. UPON SUBMISSION OF DOCUMENTATION FOR A STUDENT OF THE 8,629
TYPE AND IN THE MANNER PRESCRIBED, THE DEPARTMENT SHALL PAY TO 8,630
THE DISTRICT AN AMOUNT EQUAL TO THE DISTRICT'S COSTS FOR THE 8,631
STUDENT IN EXCESS OF TWENTY-FIVE THOUSAND DOLLARS MULTIPLIED BY 8,632
THE DISTRICT'S STATE SHARE PERCENTAGE. 8,633
THE DISTRICT SHALL ONLY REPORT, AND THE DEPARTMENT SHALL 8,635
192
ONLY PAY FOR, THE COSTS OF EDUCATIONAL EXPENSES AND THE RELATED 8,636
SERVICES PROVIDED TO THE STUDENT IN ACCORDANCE WITH THE STUDENT'S 8,637
INDIVIDUALIZED EDUCATION PROGRAM. ANY LEGAL FEES, COURT COSTS, 8,638
OR OTHER COSTS ASSOCIATED WITH ANY CAUSE OF ACTION RELATING TO 8,639
THE STUDENT MAY NOT BE INCLUDED IN THE AMOUNT. 8,640
(F) EACH FISCAL YEAR, THE DEPARTMENT SHALL PAY EACH JOINT 8,642
VOCATIONAL SCHOOL DISTRICT AN AMOUNT FOR ADULT TECHNICAL AND 8,643
VOCATIONAL EDUCATION AND SPECIALIZED CONSULTANTS. 8,645
(G)(1) IN ANY FISCAL YEAR, A JOINT VOCATIONAL SCHOOL 8,647
DISTRICT RECEIVING FUNDS UNDER DIVISION (D) OF THIS SECTION SHALL 8,648
SPEND ON THE RELATED SERVICES SPECIFIED IN DIVISION (B)(3) OF 8,650
SECTION 3317.022 OF THE REVISED CODE AT LEAST THE LESSER OF THE 8,651
FOLLOWING:
(a) THE AMOUNT THE DISTRICT SPENT ON THOSE RELATED 8,653
SERVICES IN THE PRECEDING FISCAL YEAR; 8,654
(b) 1/8 X §[COST-OF-DOING-BUSINESS FACTOR X THE FORMULA 8,658
AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO 8,659
SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)< + 8,661
THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (D)(1) 8,662
OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND 8,663
RELATED SERVICES ADDITIONAL WEIGHTED COSTS . 8,664
(2) A JOINT VOCATIONAL SCHOOL DISTRICT'S LOCAL SHARE OF 8,666
SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS 8,667
EQUALS:
(1 - STATE SHARE PERCENTAGE) X 8,669
TOTAL SPECIAL EDUCATION WEIGHT X 8,670
THE FORMULA AMOUNT 8,671
(H) IN ANY FISCAL YEAR, IF THE TOTAL OF ALL PAYMENTS MADE 8,673
TO A JOINT VOCATIONAL SCHOOL DISTRICT UNDER DIVISIONS (B) TO (D) 8,674
OF THIS SECTION AND DIVISION (R) OF SECTION 3317.024 OF THE 8,675
REVISED CODE IS LESS THAN THE AMOUNT THAT DISTRICT RECEIVED IN 8,677
FISCAL YEAR 1999 UNDER THE VERSION OF THIS SECTION IN EFFECT THAT 8,678
YEAR, PLUS THE AMOUNT THAT DISTRICT RECEIVED UNDER THE VERSION OF
SECTION 3317.162 OF THE REVISED CODE IN EFFECT THAT YEAR AND 8,679
193
MINUS THE AMOUNTS RECEIVED THAT YEAR FOR DRIVER EDUCATION AND 8,680
ADULT EDUCATION, THE DEPARTMENT SHALL PAY THE DISTRICT AN 8,681
ADDITIONAL AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THOSE TWO
AMOUNTS. 8,682
(I) IN FISCAL YEARS 2000 AND 2001, EACH JOINT VOCATIONAL 8,684
SCHOOL DISTRICT SHALL CONTINUE TO OFFER THE SAME NUMBER OF THE 8,685
VOCATIONAL EDUCATION PROGRAMS THAT THE DISTRICT OFFERED IN FISCAL 8,688
YEAR 1999, UNLESS THE DEPARTMENT OF EDUCATION EXPRESSLY AGREES 8,689
THAT THE DISTRICT DOES NOT HAVE TO OFFER A PARTICULAR PROGRAM IN 8,690
EITHER OR BOTH FISCAL YEAR 2000 OR 2001.
Sec. 3317.162. (A) As used in this section: 8,699
(1) "State share percentage" has the same meaning as in 8,701
section 3317.022 of the Revised Code. 8,702
(2) "Dollar amount" means the amount shown in the 8,704
following table for the corresponding type of unit and the 8,705
appropriate fiscal year: 8,706
DOLLAR AMOUNT 8,708
TYPE OF UNIT FY 1999 8,711
FY 2000 FY 2001 8,712
Division (B) of section 3317.05 8,713
of the Revised Code $8,334 $8,334 8,714
Division (C) of that section $3,234 $3,234 8,715
Division (F) of that section $3,550 8,716
$4,550 $5,550 8,717
(3) "Average unit amount" means the amount shown in the 8,720
following table for the corresponding type of unit and the 8,721
appropriate fiscal year: 8,722
AVERAGE UNIT AMOUNT 8,724
TYPE OF UNIT FY 1999 8,727
FY 2000 FY 2001 8,728
Division (B) of section 3317.05 8,729
of the Revised Code $7,799 $7,799 8,730
Division (C) of that section $2,966 $2,966 8,731
Division (F) of that section $3,251 8,732
194
$4,251 $5,251 8,733
(B) In the case of each unit described in division (B), 8,736
(C), or (F) of section 3317.05 of the Revised Code and allocated 8,738
to a city, local, or exempted village school district, the 8,739
department of education, in addition to the amounts specified in 8,741
division (P)(1) of section 3317.024 and sections 3317.16, 8,742
3317.161, and 3317.19 of the Revised Code, shall pay a 8,744
supplemental unit allowance equal to the sum of the following 8,745
amounts:
(1) An amount equal to 50% of the average unit amount for 8,747
the unit;
(2) An amount equal to the percentage of the dollar amount 8,749
for the unit that equals the district's state share percentage. 8,750
If, prior to the fifteenth day of May of a fiscal year, a 8,752
school district's aid computed under section 3317.022 of the 8,753
Revised Code is recomputed pursuant to section 3317.027 or 8,754
3317.028 of the Revised Code, the department shall also recompute 8,755
the district's entitlement to payment under this section 8,756
utilizing a new state share percentage. Such new state share 8,757
percentage shall be determined using the district's recomputed 8,758
basic aid amount pursuant to section 3317.027 or 3317.028 of the 8,759
Revised Code. During the last six months of the fiscal year, the 8,760
department shall pay the district a sum equal to one-half of the 8,761
recomputed payment in lieu of one-half the payment otherwise
calculated under this section. 8,762
(C)(1) In the case of each unit allocated to a joint 8,764
vocational school district or AN institution pursuant to division 8,765
(A) of section 3317.05 of the Revised Code, the department, in 8,767
addition to the amount specified in section 3317.16 or 3317.161 8,768
of the Revised Code, shall pay a supplemental unit allowance of 8,769
$7,227 in fiscal year 1999. 8,770
(2) In the case of each unit described in division (B) or 8,772
(D)(1) of section 3317.05 of the Revised Code that is allocated 8,774
to any entity other than a city, exempted village, or local 8,775
195
school district, the department, in addition to the amount 8,776
specified in section 3317.161 of the Revised Code, shall pay a
supplemental unit allowance of $7,799 in fiscal year 1999. 8,777
(3) In the case of each unit described in division (C) or 8,780
(D)(2) of section 3317.05 of the Revised Code and allocated to 8,781
any entity other than a city, exempted village, or local school 8,782
district, the department, in addition to the amounts specified in 8,783
section 3317.161 of the Revised Code, shall pay a supplemental 8,784
unit allowance of $2,966 in fiscal year 1999.
(4) In the case of each unit described in division (F) of 8,787
section 3317.05 of the Revised Code and allocated to any entity 8,788
other than a city, exempted village, or local school district AN 8,789
EDUCATIONAL SERVICE CENTER, the department, in addition to the 8,790
amounts specified in DIVISION (P) OF section 3317.161 3317.024 of 8,792
the Revised Code, shall pay a supplemental unit allowance of 8,793
$3,251 4,251 in fiscal year 1999 2000 AND $5,251 IN FISCAL YEAR 8,794
2001.
Sec. 3317.51. (A) The distance learning fund is hereby 8,803
created in the state treasury. The fund shall consist of moneys 8,804
paid to the information, learning, and technology authority OHIO 8,805
SCHOOLNET COMMISSION by any telephone company as a part of a 8,807
settlement agreement between such company and the public 8,808
utilities commission in fiscal year 1995 in part to establish 8,809
distance learning throughout the state. The authority shall 8,810
administer the fund and expend moneys from it to finance 8,811
technology grants to eligible schools chartered by the state 8,812
board of education to establish distance learning in those 8,813
schools. Chartered schools are eligible for funds if they are 8,814
within the service area of the telephone company. Investment 8,815
earnings of the fund shall be credited to the fund.
(B) For purposes of this section, "distance learning" 8,817
means the creation of a learning environment involving a school 8,818
setting and at least one other location outside of the school 8,819
which allows for information available at one site to be accessed 8,820
196
at the other through the use of such educational applications as 8,821
one-way or two-way transmission of data, voice, and video,
singularly or in appropriate combinations. 8,822
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of 8,831
the Revised Code: 8,832
(A) "Ohio school facilities commission" means the 8,835
commission created pursuant to section 3318.30 of the Revised 8,836
Code.
(B) "Classroom facilities" means rooms in which pupils 8,838
regularly assemble in public school buildings to receive 8,839
instruction and education and such facilities and building 8,840
improvements for the operation and use of such rooms as may be 8,841
needed in order to provide a complete educational program, and 8,842
may include space within which a child day-care facility or a 8,843
community resource center is housed. 8,844
(C) "Project" means a project to construct or acquire 8,846
classroom facilities, or to reconstruct or make additions to 8,848
existing classroom facilities, to be used for housing the 8,849
applicable school district and its functions.
(D) "School district" means a local, exempted village, or 8,851
city school district as such districts are defined in Chapter 8,852
3311. of the Revised Code, acting as an agency of state 8,853
government, performing essential governmental functions of state 8,854
government pursuant to sections 3318.01 and 3318.20 of the 8,855
Revised Code.
(E) "School district board" means the board of education 8,857
of a school district. 8,858
(F) "Net bonded indebtedness" means the difference between 8,860
the sum of the par value of all outstanding and unpaid bonds and 8,861
notes which a school district board is obligated to pay, any 8,863
amounts the school district is obligated to pay under 8,864
lease-purchase agreements entered into under section 3313.375 of 8,865
the Revised Code, and the par value of bonds authorized by the 8,866
electors but not yet issued, the proceeds of which can lawfully 8,867
197
be used for the project, and the amount held in the sinking fund 8,868
and other indebtedness retirement funds for their redemption. 8,869
Notes issued for school buses in accordance with section 3327.08 8,870
of the Revised Code, notes issued in anticipation of the 8,871
collection of current revenues, and bonds issued to pay final 8,872
judgments shall not be considered in calculating the net bonded 8,873
indebtedness.
"Net bonded indebtedness" does not include indebtedness 8,875
arising from the acquisition of land to provide a site for 8,876
classroom facilities constructed, acquired, or added to pursuant 8,877
to sections 3318.01 to 3318.20 of the Revised Code. 8,878
(G) "Board of elections" means the board of elections of 8,880
the county containing the most populous portion of the school 8,881
district. 8,882
(H) "County auditor" means the auditor of the county in 8,884
which the greatest value of taxable property of such school 8,885
district is located. 8,886
(I) "Tax duplicates" means the general tax lists and 8,888
duplicates prescribed by sections 319.28 and 319.29 of the 8,889
Revised Code. 8,890
(J) "Required level of indebtedness" means: 8,892
(1) In the case of districts in the first percentile, five 8,895
per cent of THE DISTRICT'S valuation FOR THE YEAR PRECEDING THE 8,896
YEAR IN WHICH THE CONTROLLING BOARD APPROVED THE PROJECT UNDER 8,897
SECTION 3318.04 OF THE REVISED CODE.
(2) In the case of districts ranked in a subsequent 8,899
percentile, five per cent of THE DISTRICT'S valuation FOR THE 8,900
YEAR PRECEDING THE YEAR IN WHICH THE CONTROLLING BOARD APPROVED 8,901
THE PROJECT UNDER SECTION 3318.04 OF THE REVISED CODE, plus [two 8,902
one-hundredths of one per cent multiplied by (the percentile in 8,903
which the district ranks minus one)<.
(K) "Required percentage of the basic project costs" means 8,905
one per cent of the basic project costs times the percentile in 8,907
which the district ranks.
198
(L) "Basic project cost" means a cost amount determined in 8,909
accordance with rules adopted under section 111.15 of the Revised 8,910
Code by the Ohio school facilities commission. The basic project 8,913
cost calculation shall take into consideration the square footage
and cost per square foot necessary for the grade levels to be 8,914
housed in the classroom facilities, the variation across the 8,915
state in construction and related costs, the cost of the 8,916
installation of site utilities and site preparation, the cost of 8,917
insuring the project until it is completed, and the professional 8,919
planning, administration, and design fees that a district may
have to pay to undertake a classroom facilities project. 8,920
(M) A "SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT 8,923
COST" MEANS THE AMOUNT DETERMINED UNDER SECTION 3318.032 OF THE 8,924
REVISED CODE. 8,925
(N) "Child day-care facility" means space within a 8,928
classroom facility in which the needs of infants, toddlers, 8,929
preschool children, and school children are provided for by 8,930
persons other than the parent or guardian of such children for 8,931
any part of the day, including persons not employed by the school
district operating such classroom facility. 8,932
(N)(O) "Community resource center" means space within a 8,935
classroom facility in which comprehensive services that support 8,936
the needs of families and children are provided by 8,937
community-based social service providers. 8,938
(O)(P) "Valuation" means the total value of all property 8,940
in the district as listed and assessed for taxation on the tax 8,942
duplicates.
(P)(Q) "Percentile" means the percentile in which the 8,944
district is ranked pursuant to division (C)(D) of section 8,946
3318.011 of the Revised Code. 8,947
(Q)(R) "Installation of site utilities" means the 8,949
installation of a site domestic water system, site fire 8,951
protection system, site gas distribution system, site sanitary 8,952
system, site storm drainage system, and site telephone and data 8,953
199
system.
(R)(S) "Site preparation" means the earthwork necessary 8,956
for preparation of the building foundation system, the paved 8,957
pedestrian and vehicular circulation system, playgrounds on the 8,958
project site, and lawn and planting on the project site. 8,959
Sec. 3318.011. For purposes of providing assistance under 8,968
sections 3318.01 to 3318.20 of the Revised Code, the department 8,969
of education shall annually do all of the following: 8,970
(A) Calculate the adjusted valuation per pupil of each 8,972
city, local, and exempted village school district according to 8,973
the FOLLOWING formula set forth in section 3317.0213 of the 8,974
Revised Code;: 8,975
THE DISTRICT'S VALUATION PER PUPIL - 8,976
[$30,000 X (1 - THE DISTRICT'S INCOME FACTOR)<. 8,978
FOR PURPOSES OF THIS CALCULATION: 8,980
(1) "VALUATION PER PUPIL" FOR A DISTRICT MEANS ITS AVERAGE 8,982
TAXABLE VALUE, DIVIDED BY ITS FORMULA ADM REPORTED UNDER SECTION 8,983
3317.03 OF THE REVISED CODE FOR THE PREVIOUS FISCAL YEAR. 8,985
(2) "AVERAGE TAXABLE VALUE" MEANS THE AVERAGE OF THE 8,987
AMOUNTS CERTIFIED FOR A DISTRICT IN THE SECOND, THIRD, AND FOURTH 8,988
PRECEDING FISCAL YEARS UNDER DIVISIONS (A)(1) AND (2) OF SECTION 8,989
3317.021 OF THE REVISED CODE. 8,990
(3) "INCOME FACTOR" HAS THE SAME MEANING AS IN SECTION 8,992
3317.02 OF THE REVISED CODE. 8,993
(B) CALCULATE THE THREE-YEAR AVERAGE ADJUSTED VALUATION 8,995
PER PUPIL OF EACH CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL 8,996
DISTRICT FOR THE PRECEDING THREE FISCAL YEARS; 8,997
(C) Rank all such districts in order of adjusted valuation 8,999
per pupil from the district with the lowest THREE-YEAR AVERAGE 9,000
adjusted valuation per pupil to the district with the highest 9,002
THREE-YEAR AVERAGE adjusted valuation per pupil; 9,004
(C)(D) Divide such ranking into percentiles with the first 9,007
percentile containing the one per cent of school districts having 9,008
the lowest THREE-YEAR AVERAGE adjusted valuation VALUATIONS per 9,009
200
pupil and the one-hundredth percentile containing the one per 9,010
cent of school districts having the highest THREE-YEAR AVERAGE 9,011
adjusted valuation VALUATIONS per pupil; 9,012
(D)(E) Determine the school districts that have an 9,014
THREE-YEAR AVERAGE adjusted valuation VALUATIONS per pupil that 9,016
is ARE greater than the median THREE-YEAR AVERAGE adjusted 9,017
valuation per pupil for all school districts in the state; 9,018
(E)(F) Certify the information described in divisions (A) 9,020
to (D)(E) of this section to the Ohio school facilities 9,021
commission. 9,022
Sec. 3318.021. NOTWITHSTANDING SECTION 3318.02 OF THE 9,024
REVISED CODE, THE OHIO SCHOOL FACILITIES COMMISSION ANNUALLY MAY 9,025
CONDUCT ON-SITE VISITS TO NO MORE THAN FIVE SCHOOL DISTRICTS IN 9,026
THE TWENTIETH TO FORTIETH PERCENTILES AS DETERMINED UNDER SECTION 9,027
3318.011 OF THE REVISED CODE, IF A DISTRICT BOARD ADOPTS A 9,029
RESOLUTION CERTIFYING TO THE COMMISSION THE BOARD'S INTENT TO 9,030
PARTICIPATE IN THE SCHOOL BUILDING ASSISTANCE EXPEDITED LOCAL 9,031
PARTNERSHIP PROGRAM UNDER SECTION 3318.36 OF THE REVISED CODE. 9,033
Sec. 3318.032. THE PORTION OF THE BASIC PROJECT COST 9,035
SUPPLIED BY THE SCHOOL DISTRICT SHALL BE THE GREATER OF: 9,036
(A) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 9,038
DETERMINED BASED ON THE DISTRICT'S PERCENTILE RANKING AT THE TIME 9,039
THE CONTROLLING BOARD APPROVED THE PROJECT UNDER SECTION 3318.04 9,041
OF THE REVISED CODE;
(B) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 9,043
BONDED INDEBTEDNESS, AS OF THE DATE THE CONTROLLING BOARD 9,044
APPROVED THE PROJECT, TO WITHIN FIVE THOUSAND DOLLARS OF THE
REQUIRED LEVEL OF INDEBTEDNESS. 9,045
THE AMOUNT OF THE DISTRICT'S SHARE DETERMINED UNDER THIS 9,047
SECTION SHALL BE CALCULATED ONLY AS OF THE DATE THE CONTROLLING 9,048
BOARD APPROVED THE PROJECT, AND THAT AMOUNT APPLIES THROUGHOUT 9,049
THE ONE-YEAR PERIOD PERMITTED UNDER SECTION 3318.05 OF THE 9,050
REVISED CODE FOR THE DISTRICT'S ELECTORS TO APPROVE THE 9,051
PROPOSITIONS DESCRIBED IN THAT SECTION. IF THE AMOUNT RESERVED 9,052
201
AND ENCUMBERED FOR A PROJECT IS RELEASED BECAUSE THE ELECTORS DO 9,053
NOT APPROVE THOSE PROPOSITIONS WITHIN THAT YEAR, AND THE SCHOOL 9,054
DISTRICT LATER RECEIVES THE CONTROLLING BOARD'S APPROVAL FOR THE 9,055
PROJECT, THE DISTRICT'S PORTION SHALL BE RECALCULATED IN 9,056
ACCORDANCE WITH THIS SECTION AS OF THE DATE OF THE CONTROLLING 9,057
BOARD'S SUBSEQUENT APPROVAL.
Sec. 3318.05. The conditional approval of the Ohio school 9,066
facilities commission for a project shall lapse and the amount 9,068
reserved and encumbered for such project shall be released unless 9,069
the school district board accepts such conditional approval 9,070
within one hundred twenty days following the date of 9,071
certification of the conditional approval to the school district 9,072
board and the electors of the school district vote favorably on 9,074
both of the propositions described in divisions (A) and (B) of 9,075
this section within one year of the date of such certification, 9,076
EXCEPT THAT A SCHOOL DISTRICT DESCRIBED IN DIVISION (C) OF THIS 9,077
SECTION DOES NOT NEED TO SUBMIT THE PROPOSITION DESCRIBED IN 9,078
DIVISION (B) OF THIS SECTION. The propositions described in 9,080
divisions (A) and (B) of this section shall be combined in a 9,081
single proposal. If the district board or the district's 9,082
electors fail to meet such requirements and the amount reserved 9,083
and encumbered for the district's project is released, the 9,084
district shall be given first priority for project funding as
such funds become available. 9,085
(A) On the question of issuing bonds of the school 9,087
district board, for the school district's portion of the basic 9,088
project cost, in either whatever amount may be necessary to raise 9,089
the net bonded indebtedness of the school district to within five 9,091
thousand dollars of the required level of indebtedness calculated 9,092
for the year preceding the year in which the resolution declaring 9,093
the necessity of the election is adopted, or an amount equal to 9,096
the required percentage SCHOOL DISTRICT'S PORTION of the basic 9,098
project costs, whichever is greater COST; and
(B) On the question of levying a tax the proceeds of which 9,101
202
shall be used to pay the cost of maintaining the classroom 9,102
facilities included in the project, except that in any year the
district's THREE-YEAR AVERAGE adjusted valuation per pupil is 9,103
greater than the state-wide median THREE-YEAR AVERAGE adjusted 9,106
valuation per pupil, one-half of the proceeds of the tax shall be 9,107
used for such maintenance and one-half of such proceeds shall be 9,108
used to pay the cost of the purchase of the classroom facilities 9,109
from PAID TO the state under the provisions of sections 3318.01 9,111
to 3318.20 of the Revised Code. Such tax shall be at the rate of 9,112
one-half mill for each dollar of valuation until the purchase 9,113
price is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF 9,114
THE PROJECT COST SUPPLIED BY THE STATE, but in no case longer 9,116
than twenty-three years. Proceeds 9,117
(C) IF A SCHOOL DISTRICT HAS IN PLACE A CONTINUING TAX FOR 9,119
GENERAL ONGOING PERMANENT IMPROVEMENTS LEVIED UNDER SECTION 9,120
5705.21 OF THE REVISED CODE, THE SCHOOL DISTRICT NEED NOT LEVY 9,121
THE ADDITIONAL TAX REQUIRED UNDER THIS DIVISION PROVIDED THE 9,122
SCHOOL DISTRICT BOARD INCLUDES IN THE AGREEMENT ENTERED INTO
UNDER SECTION 3318.08 OF THE REVISED CODE PROVISIONS EARMARKING 9,123
SCHOOL DISTRICT REVENUES FOR MAINTENANCE OF CLASSROOM FACILITIES 9,124
OR FOR PAYMENTS TO THE STATE AS SPECIFIED UNDER THIS DIVISION IN 9,125
AN AMOUNT EQUIVALENT TO THE REQUIRED AMOUNT OF SUCH ADDITIONAL 9,126
TAX FOR THE EQUIVALENT NUMBER OF YEARS. 9,127
(D) PROCEEDS of the tax OR OTHER SCHOOL DISTRICT REVENUES 9,129
PRESCRIBED IN THIS SECTION to be used for maintenance of the 9,131
classroom facilities shall be deposited into a separate fund
established by the school district for such purpose. 9,132
Sec. 3318.06. After receipt of the conditional approval of 9,141
the Ohio school facilities commission, the school district board 9,143
by a majority of all of its members shall, if it desires to 9,144
proceed with the project, declare all of the following by 9,145
resolution:
(A) That with a net bonded indebtedness of within five 9,147
thousand dollars of the required level of indebtedness or by 9,148
203
issuing bonds in an amount equal to the required percentage 9,149
SCHOOL DISTRICT'S PORTION of the BASIC project costs COST, the 9,151
district is unable to provide adequate classroom facilities 9,153
without assistance from the state;
(B) That to qualify for such state assistance it is 9,155
necessary to DO EITHER OF THE FOLLOWING: 9,156
(1) TO levy a tax outside the ten-mill limitation the 9,158
proceeds of which shall be used to pay the cost of maintaining 9,160
the classroom facilities included in the project, except that in
any year the district's THREE-YEAR AVERAGE adjusted valuation per 9,161
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 9,162
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 9,163
the tax shall be used for such maintenance and one-half of such 9,164
proceeds shall be used to pay the cost of the purchase of the 9,165
classroom facilities from PAID TO the state; 9,166
(2) TO EARMARK SCHOOL DISTRICT REVENUES FOR MAINTENANCE OF 9,168
CLASSROOM FACILITIES OR BOTH MAINTENANCE OF CLASSROOM FACILITIES 9,169
AND PAYMENTS TO THE STATE AS SPECIFIED IN DIVISION (B) OF SECTION 9,170
3318.05 OF THE REVISED CODE PROVIDED THE ELECTORS OF THE SCHOOL 9,171
DISTRICT HAVE APPROVED A CONTINUING TAX LEVY FOR GENERAL ONGOING 9,172
PERMANENT IMPROVEMENTS UNDER SECTION 5705.21 OF THE REVISED CODE; 9,173
(C) That the question of such ANY tax levy SPECIFIED IN A 9,175
RESOLUTION DESCRIBED IN DIVISION (B)(1) OF THIS SECTION shall be 9,176
submitted to the electors of the school district at the next 9,178
general or primary election, if there be a general or primary 9,179
election not less than seventy-five and not more than ninety-five 9,180
days after the day of the adoption of such resolution or, if not, 9,181
at a special election to be held at a time specified in the 9,182
resolution which shall be not less than seventy-five days after 9,183
the day of the adoption of the resolution and which shall be in 9,184
accordance with the requirements of section 3501.01 of the 9,185
Revised Code.
Such resolution shall also state that the question of 9,188
issuing bonds of the board shall be combined in a single proposal 9,189
204
with the question of such tax levy. More than one election under 9,190
this section may be held in any one calendar year. Such 9,191
resolution shall specify both of the following:
(1) That the rate which it is necessary to levy shall be 9,193
at the rate of one-half mill for each one dollar of valuation, 9,194
and that such tax shall be levied until the purchase price is 9,196
paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 9,198
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 9,200
twenty-three years;
(2) That the proceeds of the tax shall be used to pay the 9,202
cost of maintaining the classroom facilities included in the 9,203
project, except in any year the district's THREE-YEAR AVERAGE 9,204
adjusted valuation per pupil is greater than the statewide median 9,206
THREE-YEAR AVERAGE adjusted valuation per pupil, one-half of the 9,207
proceeds of the tax shall be used for such maintenance and 9,208
one-half of the proceeds of the tax shall be used to pay the cost 9,209
of the purchase of the classroom facilities from PAID TO the 9,210
state under sections 3318.01 to 3318.20 of the Revised Code. 9,211
A copy of such resolution shall after its passage and not 9,213
less than seventy-five days prior to the date set therein for the 9,214
election be certified to the county board of elections. 9,215
The resolution of the school district board, in addition to 9,219
meeting other applicable requirements of section 133.18 of the 9,220
Revised Code, shall state that the amount of bonds to be issued 9,221
will be either whatever amount may be necessary to raise the net 9,222
bonded indebtedness of the school district to within five 9,223
thousand dollars of the required level of indebtedness calculated 9,224
for the year preceding the year in which such resolution is 9,225
adopted or an amount equal to the required percentage SCHOOL 9,227
DISTRICT'S PORTION of the basic project costs COST, whichever is 9,228
greater and state that the maximum maturity of the bonds which, 9,229
notwithstanding section 133.20 of the Revised Code, may be any 9,230
number of years not exceeding twenty-three as determined by the 9,231
board. In estimating the amount of bonds to be issued, the board 9,232
205
shall take into consideration the amount of moneys then in the 9,233
bond retirement fund and the amount of moneys to be collected for 9,234
and disbursed from the bond retirement fund during the remainder 9,235
of the year in which the resolution of necessity is adopted. 9,236
Notice of the election shall include the fact that the tax 9,238
levy shall be at the rate of one-half mill for each one dollar of 9,239
valuation, that the levy shall be made until the purchase price 9,241
is paid IT GENERATES AN AMOUNT NOT TO EXCEED THE AMOUNT OF THE 9,242
PROJECT COST SUPPLIED BY THE STATE, but in no case longer than 9,245
twenty-three years, and that the proceeds of the tax shall be 9,246
used to pay the cost of maintaining the classroom facilities 9,247
included in the project, except in any year the district's 9,248
THREE-YEAR AVERAGE adjusted valuation per pupil is greater than 9,249
the statewide median THREE-YEAR AVERAGE adjusted valuation per 9,250
pupil, one-half of the proceeds of the tax shall be used for such 9,252
maintenance and one-half of the proceeds of the tax shall be used 9,253
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 9,255
Revised Code.
The form of the ballot to be used at such election shall 9,257
be: 9,258
"A majority affirmative vote is necessary for passage. 9,260
Shall bonds be issued by the Board of Education of the 9,262
............ (here insert name of school district) for the 9,263
purpose of ............ (here insert purpose of bond issue) in 9,264
either an amount sufficient to raise the net indebtedness of the 9,265
school district to within five thousand dollars of ............ 9,266
(here insert five, six, or seven per cent depending on the 9,267
district's required level of indebtedness) of the total value of 9,268
all property in the school district as listed and assessed for 9,269
taxation on the tax duplicate for the year ............ (here 9,270
insert the year preceding the year in which the resolution 9,271
declaring the necessity of the election was adopted) or an amount 9,273
equal to ............ (here insert the required percentage of the 9,274
206
basic project costs), whichever is greater, and a levy of taxes 9,275
be made outside of the ten-mill limitation for a maximum period 9,276
of ............ (here insert longest maturity) years to pay the 9,277
principal and interest of such bonds, the amount of such bonds 9,278
being estimated to be ............ (here insert estimated amount 9,279
of bond issue) for which the levy of taxes is estimated by the 9,280
county auditor to average ............ (here insert number of 9,281
mills) mills for each one dollar of valuation, which amounts to 9,282
............ (here insert rate expressed in dollars and cents) 9,283
for each one hundred dollars of valuation SCHOOL DISTRICT TO PAY 9,285
THE LOCAL SHARE OF SCHOOL CONSTRUCTION UNDER THE STATE OF OHIO 9,286
CLASSROOM FACILITIES ASSISTANCE PROGRAM IN THE PRINCIPAL AMOUNT 9,288
OF ............ (HERE INSERT PRINCIPAL AMOUNT OF THE BOND ISSUE), 9,289
TO BE REPAID ANNUALLY OVER A MAXIMUM PERIOD OF ............ (HERE 9,290
INSERT THE MAXIMUM NUMBER OF YEARS OVER WHICH THE PRINCIPAL OF 9,291
THE BONDS MAY BE PAID) YEARS, AND AN ANNUAL LEVY OF PROPERTY 9,292
TAXES BE MADE OUTSIDE THE TEN-MILL LIMITATION, ESTIMATED BY THE 9,293
COUNTY AUDITOR TO AVERAGE OVER THE REPAYMENT PERIOD OF THE BOND 9,294
ISSUE ............ (HERE INSERT THE NUMBER OF MILLS ESTIMATED) 9,295
MILLS FOR EACH ONE DOLLAR OF TAX VALUATION, WHICH AMOUNTS TO 9,296
............ (RATE EXPRESSED IN CENTS OR DOLLARS AND CENTS, SUCH 9,297
AS "THIRTY-SIX CENTS" OR "$0.36") FOR EACH ONE HUNDRED DOLLARS OF 9,298
TAX VALUATION TO PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO 9,299
PAY DEBT CHARGES ON ANY NOTES ISSUED IN ANTICIPATION OF THE 9,300
BONDS?"
and, UNLESS THE ADDITIONAL LEVY 9,301
OF TAXES IS NOT REQUIRED PURSUANT 9,302
TO DIVISION (B) OF SECTION 9,303
3318.05 OF THE REVISED CODE, 9,304
"Shall an additional levy of taxes be made for the A PERIOD 9,306
NOT TO EXCEED TWENTY-THREE YEARS TO benefit of the ............ 9,307
(HERE INSERT name of school district) SCHOOL DISTRICT, the 9,308
proceeds of which shall be used to pay the cost of maintaining 9,311
the classroom facilities included in the project, except that in
207
any year the district's THREE-YEAR AVERAGE adjusted valuation per 9,312
pupil is greater than the state-wide STATEWIDE median THREE-YEAR 9,314
AVERAGE adjusted valuation per pupil, one-half of the proceeds of 9,316
the tax shall be used for such maintenance and one-half of such 9,317
proceeds shall be used to pay the cost of the purchase of 9,318
classroom facilities from PAID TO the state, at the rate of 9,320
one-half mill for each one dollar of valuation until the purchase 9,321
price is paid but in no case longer than twenty-three years? 9,322
_______________________________________________ 9,324
FOR THE BOND ISSUE AND TAX LEVY 9,325
_______________________________________________ 9,326
AGAINST THE BOND ISSUE AND TAX LEVY 9,327
_______________________________________________ " 9,328
(D) If it is necessary for the school district to acquire 9,331
a site for the classroom facilities to be acquired pursuant to 9,332
sections 3318.01 to 3318.20 of the Revised Code, the district 9,333
board may propose either to issue bonds of the board or to levy a 9,334
tax to pay for the acquisition of such site, and may combine the 9,335
question of doing so with the questions specified in division (C)
of this section. Bonds issued under this division for the 9,336
purpose of acquiring a site are a general obligation of the 9,337
school district and are Chapter 133. securities. 9,338
The form of that portion of the ballot to include the 9,340
question of either issuing bonds or levying a tax for site 9,341
acquisition purposes shall be one of the following: 9,342
(1) "Shall bonds be issued by the board of education of 9,344
the ............ (HERE INSERT name of the school district) for 9,345
the purpose of .......... (purpose of the bond issue, which shall 9,347
be for the purpose SCHOOL DISTRICT TO PAY COSTS of acquiring a 9,348
site for classroom facilities) UNDER THE STATE OF OHIO CLASSROOM 9,349
FACILITIES ASSISTANCE PROGRAM in the principal amount of 9,351
.......... (HERE INSERT principal amount of the bond issue), to 9,352
be repaid annually over a maximum period of .......... (HERE 9,353
INSERT maximum number of years over which the principal of the 9,354
208
bonds may be paid) years, and an annual levy of property taxes be 9,355
made outside the ten-mill limitation, estimated by the county 9,356
auditor to average over the repayment period of the bond issue 9,357
.......... (HERE INSERT number of mills) mills for each one
dollar of tax valuation, which amount to .......... (HERE INSERT 9,358
rate expressed in CENTS OR dollars and cents, SUCH AS "THIRTY-SIX 9,359
CENTS" OR "$0.36") for each one hundred dollars of valuation TO 9,361
PAY THE ANNUAL DEBT CHARGES ON THE BONDS AND TO PAY DEBT CHARGES
ON ANY NOTES ISSUED IN ANTICIPATION OF THE BONDS?" 9,362
(2) "Shall an additional levy of taxes OUTSIDE THE 9,364
TEN-MILL LIMITATION be made for the benefit of the .......... 9,365
(HERE INSERT name of the school district) .......... SCHOOL 9,366
DISTRICT for the purpose ......... (purpose of the levy, which 9,367
shall be for the purpose of acquiring a site for classroom 9,368
facilities) in the sum of ......... (HERE INSERT annual amount 9,369
the levy is to produce) and a levy of taxes to be made outside of 9,370
the ten-mill limitation estimated by the county auditor to 9,371
average ........ (HERE INSERT number of mills) mills for each one 9,372
hundred dollars of valuation, for a period of ......... (HERE 9,374
INSERT number of years the millage is to be imposed) years?" 9,375
Where it is necessary to combine the question of issuing 9,377
bonds of the school district and levying a tax as described in 9,378
division (C) of this section with the question of issuing bonds 9,379
of the school district for acquisition of a site, the question 9,380
specified in division (C) of this section to be voted on shall be 9,381
"For the Bond Issues and the Tax Levy" and "Against the Bond
Issues and the Tax Levy." 9,382
Where it is necessary to combine the question of issuing 9,384
bonds of the school district and levying a tax as described in 9,385
division (C) of this section with the question of levying a tax 9,386
for the acquisition of a site, the question specified in division 9,387
(C) of this section to be voted on shall be "For the Bond Issue 9,388
and the Tax Levies" and "Against the Bond Issue and the Tax
Levies." 9,389
209
If a majority of those voting upon a proposition hereunder 9,391
which includes the question of issuing bonds vote in favor 9,392
thereof, and if the agreement provided for by section 3318.08 of 9,393
the Revised Code has been entered into, the school district board 9,394
may proceed under Chapter 133. of the Revised Code, with the 9,395
issuance of bonds or bond anticipation notes in accordance with 9,396
the terms of the agreement. 9,397
Sec. 3318.08. If the requisite favorable vote on the 9,406
election is obtained, the Ohio school facilities commission, upon 9,408
certification of the results of the election to it, shall enter 9,409
into a written agreement with the school district board for the 9,410
construction and sale of the project, which agreement shall 9,411
include, but need not be limited to, the following provisions: 9,412
(A) The sale and issuance of bonds or notes in 9,414
anticipation thereof, as soon as practicable after the execution 9,415
of the agreement, in either an amount which will raise the net 9,417
bonded indebtedness of the school district, as of the date of the 9,418
resolution authorizing the issuance of such bonds or notes, to 9,420
within five thousand dollars of the required level of 9,421
indebtedness calculated for the year preceding the year in which 9,422
the resolution declaring the necessity of the election was 9,424
adopted or an amount equal to the required percentage SCHOOL 9,426
DISTRICT'S PORTION of the basic project costs, whichever is 9,427
greater COST; provided, that if at that time the county treasurer 9,428
of each county in which the school district is located has not 9,430
commenced the collection of taxes on the general duplicate of 9,431
real and public utility property for such THE year IN WHICH THE 9,432
CONTROLLING BOARD APPROVED THE PROJECT, the school district board 9,433
shall authorize the issuance of a first installment of bond 9,434
anticipation notes in an amount specified by the agreement, which 9,435
amount shall not exceed an amount necessary to raise the net 9,436
bonded indebtedness of the school district as to OF the date of 9,437
such authorizing resolution THE CONTROLLING BOARD'S APPROVAL to 9,439
within five thousand dollars of the required level of 9,441
210
indebtedness for the preceding year. In the event that a first 9,442
installment of bond anticipation notes is issued, the school 9,443
district board shall, as soon as practicable after the county 9,444
treasurer of each county in which the school district is located 9,445
has commenced the collection of taxes on the general duplicate of 9,446
real and public utility property for the year in which the 9,447
resolution declaring the necessity of the election was adopted 9,448
CONTROLLING BOARD APPROVED THE PROJECT, authorize the issuance of 9,449
a second and final installment of bond anticipation notes or a 9,450
first and final issue of bonds. The 9,451
THE combined value of the first and second installment of 9,454
bond anticipation notes or the value of the first and final issue 9,455
of bonds shall be equal to either an amount which will raise the 9,456
net indebtedness of the school district as of the date of such 9,457
authorizing resolution to within five thousand dollars of the 9,459
required level of indebtedness, or an amount equal to the 9,461
required percentage SCHOOL DISTRICT'S PORTION of the BASIC 9,462
project costs, whichever is greater COST. The proceeds of any 9,463
such bonds shall be used first to retire any bond anticipation 9,465
notes. Otherwise, the proceeds of such bonds and of any bond 9,466
anticipation notes, except the premium and accrued interest 9,467
thereon, shall be deposited in the school district's project 9,468
construction fund. In determining the amount of net BONDED 9,469
indebtedness for the purpose of fixing the amount of an issue of 9,470
either bonds or bond anticipation notes, gross indebtedness shall 9,471
be reduced by moneys in the bond retirement fund only to the 9,472
extent of the moneys therein on the first day of the year 9,473
preceding the year in which the resolution authorizing such bonds 9,474
or notes is adopted CONTROLLING BOARD APPROVED THE PROJECT. 9,475
Should there be a decrease in the tax valuation of the school 9,477
district so that the amount of indebtedness which THAT can be 9,479
incurred on the tax duplicates for the year in which the
resolution declaring the necessity of the election was adopted 9,480
CONTROLLING BOARD APPROVED THE PROJECT is less than the amount of 9,482
211
the first installment of bond anticipation notes, there shall be 9,483
paid from the school district's project construction fund to the 9,484
school district's bond retirement fund to be applied against such 9,486
notes an amount sufficient to cause the net BONDED indebtedness 9,487
of the school district, as of the first day of the year following 9,488
the year in which the resolution declaring the necessity of the 9,489
election was adopted CONTROLLING BOARD APPROVED THE PROJECT, to 9,491
be within five thousand dollars of the required level of
indebtedness for the year in which that resolution was adopted 9,492
THE CONTROLLING BOARD APPROVED THE PROJECT. The maximum amount 9,495
of indebtedness to be incurred by any school district board as 9,496
its share of the cost of the project is either an amount which 9,497
THAT will cause its net BONDED indebtedness, as of the first day 9,499
of the year following the year in which the resolution declaring 9,500
the necessity of the bond issue was adopted CONTROLLING BOARD
APPROVED THE PROJECT, to be within five thousand dollars of the 9,502
required level of indebtedness calculated for the year preceding 9,503
the year in which that resolution was adopted, or an amount equal 9,506
to the required percentage of the basic project costs, whichever 9,507
is greater. All bonds and bond anticipation notes shall be 9,508
issued in accordance with Chapter 133. of the Revised Code, and 9,509
notes may be renewed as provided in section 133.22 of the Revised 9,510
Code.
(B) The transfer of such funds of the school district 9,512
board available for the project, together with the proceeds of 9,513
the sale of the bonds or notes, except premium, accrued interest, 9,514
and interest included in the amount of the issue, to the school 9,515
district's project construction fund; 9,516
(C) EITHER OF THE FOLLOWING: 9,518
(1) The levy of the tax authorized at the election for the 9,520
payment of maintenance costs or the cost of purchasing the 9,522
classroom facilities; PAYMENTS TO THE STATE, AS SPECIFIED IN
DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE; 9,524
(2) IF THE SCHOOL DISTRICT ELECTORS HAVE APPROVED A 9,526
212
CONTINUING TAX FOR GENERAL ONGOING PERMANENT IMPROVEMENTS UNDER 9,527
SECTION 5705.21 OF THE REVISED CODE, THE EARMARKING OF SCHOOL 9,528
DISTRICT REVENUES FOR MAINTENANCE OF CLASSROOM FACILITIES OR BOTH 9,529
MAINTENANCE OF CLASSROOM FACILITIES AND PAYMENTS TO THE STATE AS
SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED CODE. 9,530
(D) Ownership of OR INTEREST IN the project during the 9,532
period of construction, which shall be divided between the 9,533
commission and the school district board in proportion to their 9,535
respective contributions to the school district's project 9,536
construction fund; 9,537
(E) The transfer MAINTENANCE of the state's interest in 9,539
the project to the school district upon completion of the project 9,541
UNTIL ANY OBLIGATIONS ISSUED FOR THE PROJECT UNDER SECTION 9,542
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING; 9,543
(F) The insurance of the project by the school district 9,545
from the time there is an insurable interest therein and so long 9,546
as any part of the purchase price remains unpaid THE STATE 9,547
RETAINS ANY OWNERSHIP OR INTEREST IN THE PROJECT PURSUANT TO 9,548
DIVISION (D) OF THIS SECTION, in such amounts and against such 9,551
risks as the commission shall require; provided, that the cost of 9,553
any required insurance until the project is completed shall be a 9,554
part of the basic project cost;
(G) The certification by the director of budget and 9,556
management that funds are available and have been set aside to 9,557
meet the state's share of the basic project cost as approved by 9,559
the controlling board pursuant to section 3318.04 of the Revised 9,560
Code;
(H) Authorization of the school district board to 9,562
advertise for and receive construction bids for the project, for 9,563
and on behalf of the commission, and to award contracts in the 9,565
name of the state subject to approval by the commission; 9,566
(I) Provisions for the disbursement of moneys from the 9,568
school district's project account upon issuance by the commission 9,570
or the commission's designated representative of vouchers for 9,571
213
work done to be certified to the commission by the treasurer of 9,574
the school district board; 9,575
(J) Disposal of any balance left in the school district's 9,577
project construction fund upon completion of the project; 9,579
(K) Prohibition against alienation of any interest in the 9,581
project by the school district board or its successor in interest 9,582
without the consent of the commission so long as any part of the 9,584
purchase price of the project remains unpaid, but in no case 9,585
longer than twenty-three years; 9,586
(L) Limitations upon use of the project or any part of it 9,588
so long as any part of the purchase price of the project remains 9,589
unpaid, but in no case longer than twenty-three years OBLIGATIONS 9,590
ISSUED TO FINANCE THE PROJECT UNDER SECTION 3318.26 OF THE 9,591
REVISED CODE ARE OUTSTANDING; 9,592
(M)(L) Provision for vesting absolute THE STATE'S interest 9,595
in the project in TO the school district board when the purchase 9,596
price has been paid or at the expiration of the period of 9,598
twenty-three years OBLIGATIONS ISSUED TO FINANCE THE PROJECT 9,599
UNDER SECTION 3318.26 OF THE REVISED CODE ARE OUTSTANDING; 9,600
(N)(M) Provision for deposit of an executed copy of the 9,602
agreement in the office of the commission and the office of the 9,604
county recorder of the county or counties in which the project is 9,605
situated; 9,606
(O)(N) Provision for termination of the contract and 9,608
release of the funds encumbered at the time of the conditional 9,609
approval, if the proceeds of the sale of the bonds of the school 9,610
district board are not paid into the school district's project 9,611
construction fund and if bids for the construction of the project 9,613
have not been taken within such period after the execution of the 9,614
agreement as may be fixed by the commission; 9,615
(P)(O) Provision for the school district to maintain the 9,617
project in accordance with a plan approved by the commission; 9,619
(Q)(P) Provision that all state funds reserved and 9,622
encumbered to pay the state share of the cost of the project 9,623
214
pursuant to section 3318.03 of the Revised Code be spent on the 9,624
construction or acquisition of the project prior to the 9,625
expenditure of any funds provided by the school district to pay 9,626
for its share of the project cost, unless the school district 9,627
certifies to the commission that expenditure by the school 9,628
district is necessary to maintain the tax-exempt status of notes 9,629
or bonds issued by the school district to pay for its share of 9,630
the project cost in which case, the school district may commit to 9,631
spend, or spend, a portion of the funds it provides; 9,632
(Q) A PROVISION STIPULATING THAT THE COMMISSION MAY 9,634
PROHIBIT THE DISTRICT FROM PROCEEDING WITH ANY PROJECT IF THE 9,635
COMMISSION DETERMINES THAT THE SITE IS NOT SUITABLE FOR 9,636
CONSTRUCTION PURPOSES. THE COMMISSION MAY PERFORM SOIL TESTS IN 9,637
ITS DETERMINATION OF WHETHER A SITE IS APPROPRIATE FOR
CONSTRUCTION PURPOSES. 9,638
Sec. 3318.081. If the board of education of a school 9,647
district authorized to impose a tax pursuant to section 3318.06 9,648
of the Revised Code determines that taxable value of property 9,649
subject to the tax has increased to the extent it will not be 9,650
necessary to impose such tax for twenty-three years in order to 9,651
pay the purchase price GENERATE AN AMOUNT EQUAL TO THE AMOUNT OF 9,652
THE PROJECT COST SUPPLIED BY THE STATE, it may request the county 9,653
auditor to determine the amount of the purchase price remaining 9,654
to be paid and the estimated rate of taxation required each year 9,655
to repay PAY such remainder in equal installments over the 9,657
maximum number of remaining years the tax may be in effect. The 9,658
auditor shall make such determination upon request and certify 9,659
the results thereof to the board of education. 9,660
Upon receipt of the auditor's determination, the board of 9,662
education may request the Ohio school facilities commission to 9,664
enter into a supplemental agreement under which the district may 9,665
repay PAY the remainder of the purchase price AMOUNT in annual 9,667
amounts equal to the quotient obtained by dividing the amount 9,669
remaining to be paid by the maximum number of remaining years the 9,670
215
tax may be in effect. If such an agreement is entered into, the 9,671
commission shall certify a copy thereof to the county auditor and 9,673
the tax authorized by section 3318.06 of the Revised Code 9,674
thereafter shall be levied at the rate required to make the 9,675
annual payments required by the supplemental agreement rather 9,676
than the rate required by such section. 9,677
Sec. 3318.082. The board of education of any school 9,686
district imposing a tax for the purpose of paying the cost of the 9,687
purchase of classroom facilities from the state pursuant to 9,689
section 3318.06 of the Revised Code prior to the effective date 9,690
of the amendments to that section by Amended Substitute House 9,692
Bill No. 748 of the 121st General Assembly, may enter into a 9,693
supplemental agreement with the Ohio school facilities commission 9,694
under which the proceeds of such tax shall be distributed in 9,696
accordance with the requirements of section 3318.06 of the
Revised Code, as amended by Amended Substitute House Bill No. 748 9,699
of the 121st general assembly. 9,700
Sec. 3318.083. IF, AFTER THE OHIO SCHOOL FACILITIES 9,702
COMMISSION AND A SCHOOL DISTRICT ENTER INTO A WRITTEN AGREEMENT 9,703
UNDER SECTION 3318.08 OF THE REVISED CODE FOR THE CONSTRUCTION OF 9,704
A CLASSROOM FACILITIES PROJECT, THE COMMISSION APPROVES AN 9,705
INCREASE IN THE BASIC PROJECT COST ABOVE THE AMOUNT BUDGETED PLUS 9,706
ANY INTEREST EARNED AND AVAILABLE IN THE PROJECT CONSTRUCTION 9,707
FUND, THE STATE AND THE SCHOOL DISTRICT SHALL SHARE THE INCREASED 9,709
COST IN PROPORTION TO THEIR RESPECTIVE CONTRIBUTIONS TO THE 9,710
DISTRICT'S PROJECT CONSTRUCTION FUND.
Sec. 3318.13. Notwithstanding any provision of sections 9,719
5705.27 to 5705.50 of the Revised Code, the tax to be levied on 9,720
all taxable property within a school district for the purpose of 9,721
paying the cost of maintaining the classroom facilities included 9,722
in the project or for paying the purchase price of the project to 9,723
the state under the agreement provided in section 3318.08 of the 9,724
Revised Code or the supplemental agreement provided in section 9,725
3318.081 of the Revised Code shall be included in the budget of 9,726
216
the school district for each year upon the certification to the 9,727
county budget commission or commissions of the county or counties 9,728
in which said school district is located, by the Ohio school 9,729
facilities commission of the balance due the state under said 9,731
agreement or supplemental agreement. Such certification shall be 9,732
made on or before the fifteenth day of July in each year. 9,733
Thereafter, the respective county budget commissions shall treat 9,734
such certification as an additional item on the tax budget for 9,735
the school district as to which such certification has been made 9,736
and shall provide for the levy therefor in the manner provided in 9,737
sections 5705.27 to 5705.50 of the Revised Code for tax levies 9,738
included directly in the budgets of the subdivisions. 9,739
The levy of taxes shall be included in the next annual tax 9,741
budget that is certified to the county budget commission after 9,742
the execution of the agreement for the project. 9,743
Sec. 3318.14. Notwithstanding the provision of section 9,752
321.31 of the Revised Code, immediately after each settlement 9,753
with the county auditor, on presentation of the warrant of the 9,754
county auditor therefor, the county treasurer shall pay to the 9,755
school district the proceeds of the tax levy provided in section 9,756
3318.13 of the Revised Code to be used to pay the cost of
maintaining the classroom facilities included in the project and 9,758
pay to the Ohio school facilities commission any proceeds of the 9,760
tax levy provided in section 3318.13 of the Revised Code to be 9,761
applied to the unpaid purchase price of the project PAID TO THE 9,762
STATE.
Sec. 3318.15. There is hereby created the public school 9,771
building fund within the state treasury consisting of all moneys 9,772
received from the sale of classroom facilities pursuant to 9,773
sections 3318.01 to 3318.20 PAYMENTS TO THE STATE PURSUANT TO 9,774
DIVISION (C) OF SECTION 3318.08 of the Revised Code, any moneys 9,775
transferred or appropriated to the fund by the general assembly, 9,776
and any grants, gifts, or contributions received by the Ohio 9,777
school facilities commission to be used for the purposes of the 9,778
217
fund. All investment earnings of the fund shall be credited to 9,779
the fund.
Moneys transferred or appropriated to the fund by the 9,781
general assembly and moneys in the fund from grants, gifts, and 9,782
contributions shall be used to acquire classroom facilities for 9,783
sale to school districts pursuant to THE PURPOSES OF sections 9,786
3318.01 to 3318.20 of the Revised Code. The moneys in the fund
received from the sale of classroom facilities PAYMENTS TO THE 9,788
STATE PURSUANT TO DIVISION (C) OF SECTION 3318.08 OF THE REVISED 9,789
CODE shall be held in a separate account in the fund. Such 9,790
moneys may be used partially to acquire additional classroom 9,791
facilities for sale to school districts pursuant to THE PURPOSES 9,792
OF sections 3318.01 to 3318.20 OF THE REVISED CODE and partially 9,794
to pay bond service charges as defined in division (C) of section 9,795
3318.21 of the Revised Code on obligations, the proceeds of which 9,796
are deposited into the school districts facilities fund created 9,797
in section 3318.23 of the Revised Code. 9,798
Sec. 3318.16. Title to interests THE OHIO SCHOOL 9,807
FACILITIES COMMISSION SHALL HAVE AN INTEREST in real property 9,808
purchased with moneys in the school district's project 9,810
construction fund shall be taken in the name of the state of 9,811
Ohio. Upon completion of the project, the title to such interest 9,812
in real property shall be conveyed to the school district board 9,813
and the Ohio school facilities commission shall execute and
deliver deeds to complete the transfer of such interests. 9,814
Upon completion of the project, the interest of the state 9,816
in the project shall be transferred to the school district board, 9,818
which interest is equal to that portion of the final cost of the 9,819
project represented by funds contributed by the state for the 9,820
project. The purchase price to be paid by the school district 9,821
board for the state's interest in the project shall be the total
amount of funds contributed by the state for the project. 9,822
ONCE OBLIGATIONS ISSUED TO FINANCE A PROJECT UNDER SECTION 9,824
3318.26 OF THE REVISED CODE ARE NO LONGER OUTSTANDING, ANY 9,825
218
INTEREST HELD BY THE COMMISSION SHALL BE TRANSFERRED TO THE 9,826
SCHOOL DISTRICT.
Sec. 3318.17. A (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 9,836
THIS SECTION, WHEN A school district board may purchase RECEIVES 9,837
classroom facilities ASSISTANCE from the state from time to time 9,838
under the procedure set forth in sections 3318.01 to 3318.12 of 9,840
the Revised Code. The, THE levy of taxes required by section 9,841
SECTIONS 3318.13 AND 3318.14 of the Revised Code shall be at the 9,843
rate of one-half mill for each one dollar of valuation and shall 9,844
be for a maximum period of twenty-three years after the last 9,846
purchase, except that in those years in which a supplemental 9,848
agreement authorized by section 3318.081 of the Revised Code is 9,849
in effect, the rate shall be as prescribed for such section for 9,850
the period during which such agreement is in effect. Where a 9,851
school district has purchased classroom facilities from the state 9,852
on which any portion of the purchase price remains unpaid and it 9,853
desires to purchase additional classroom facilities, the notice 9,854
of election and form of ballot set forth in section 3318.06 of 9,855
the Revised Code shall provide that the levy is an extension of 9,856
an existing levy for a maximum period of twenty-three years. 9,857
Where there has been more than one purchase of classroom 9,858
facilities from the state, any proceeds of the tax to be used to 9,859
pay the purchase price of such facilities shall be applied to the 9,860
unpaid purchase price of the projects in the order in which they 9,861
were purchased.
(B) WHEN A SCHOOL DISTRICT LEVIES A TAX UNDER SECTIONS 9,863
3318.13 AND 3318.14 OF THE REVISED CODE AFTER THE EFFECTIVE DATE 9,865
OF THIS AMENDMENT, THE LEVY SHALL:
(1) BE AN ADDITIONAL LEVY OF ONE-HALF MILL FOR EACH DOLLAR 9,867
OF VALUATION;
(2) CONTINUE FOR THE LESSER OF THE NUMBER OF YEARS 9,869
REQUIRED TO GENERATE REVENUE EQUAL TO THE AMOUNT OF MONEY 9,870
SUPPLIED BY THE STATE FOR A CLASSROOM FACILITIES PROJECT OR 9,871
TWENTY-THREE YEARS;
219
(3) NOT REDUCE THE NUMBER OF YEARS REMAINING ON ANY OTHER 9,873
LEVY PASSED UNDER SECTIONS 3318.13 AND 3318.14 OF THE REVISED 9,874
CODE PRIOR TO OR AFTER THE EFFECTIVE DATE OF THIS AMENDMENT. 9,875
THE NOTICE OF ELECTION AND FORM OF THE BALLOT REQUIRED BY 9,877
SECTION 3318.06 OF THE REVISED CODE SHALL PROVIDE THAT A LEVY 9,878
UNDER THIS DIVISION IS AN ADDITIONAL LEVY FOR THE SPECIFIED 9,879
CLASSROOM FACILITIES PROJECT.
Sec. 3318.18. The unpaid purchase price of a project MONEY 9,888
TO BE PAID TO THE STATE PURSUANT TO DIVISION (B) OF SECTION 9,889
3318.05 OF THE REVISED CODE shall constitute an indebtedness of 9,891
the school district but shall not be included in the calculation 9,892
of indebtedness under sections 133.04 and 133.06 of the Revised 9,893
Code. In the event all or a portion of the territory comprising 9,894
a school district, which THAT has outstanding an indebtedness to 9,896
the state representing the unpaid purchase price of TAX LEVY 9,898
MONEY RESULTING FROM a project or projects, is transferred to 9,899
another school district, or, if a new school district is created 9,900
to include all or a portion of such school district, the 9,901
outstanding indebtedness for MONEY OWED AS A RESULT OF each 9,902
project shall be apportioned between the acquiring school 9,904
district and the original school district in the ratio, as of the 9,905
effective date of the transfer, which the assessed valuation of 9,906
the territory transferred to the acquiring school district bears 9,907
to the assessed valuation of the original school district. 9,908
The amount of the indebtedness so assumed, OR PARTIALLY 9,910
ASSUMED, by the new school district or acquiring school district 9,912
shall be equal to one-half mill multiplied by the total value of 9,913
all property as listed and assessed for taxation in the original 9,914
school district or territory transferred for each of the years 9,915
YEAR OF THE ORIGINAL TWENTY-THREE OR FEWER YEARS remaining AS 9,916
SPECIFIED in the PORTION OF THE agreement for payment of purchase 9,917
price between the original school district and the state board of 9,919
education CONTAINED IN DIVISION (C) OF SECTION 3318.08 OF THE 9,920
REVISED CODE. On or before the first day of July of each year, 9,921
220
the department of taxation shall certify to the Ohio school 9,922
facilities commission the amount of the tax duplicate of the 9,924
original school district or territory transferred for the 9,925
calendar year ending on the thirty-first day of December 9,926
immediately preceding. This tax duplicate shall be used in the 9,927
calculation of the indebtedness so assumed.
The acquiring school district shall levy a tax outside the 9,929
ten-mill limitation upon all property in the acquiring school 9,930
district to pay the indebtedness so assumed until the 9,931
indebtedness so assumed has been discharged but not longer than 9,932
twenty-three years after the original incurrence of the 9,933
indebtedness, provided, that the levy in the acquiring school 9,934
district in any year shall not exceed the levy in the original 9,935
school district to pay the purchase price of projects acquired 9,936
from MAKE PAYMENTS TO the state. The proceeds of the aforesaid 9,937
tax levy in the acquiring school district shall be applied to the 9,939
discharge of indebtedness first incurred in point of time whether 9,940
or not it be an indebtedness assumed from another school 9,941
district.
Sec. 3318.21. As used in sections 3318.21 to 3318.29 of 9,950
the Revised Code: 9,951
(A) "Allowable costs" means all or part of the costs of a 9,953
permanent improvement that may be financed with, and paid from 9,954
the proceeds of, securities issued pursuant to section 133.15 of 9,955
the Revised Code. 9,956
(B) "Bond proceedings" means the resolution, order, trust 9,958
agreement, indenture, loan agreement, lease agreement, and other 9,959
agreements, amendments and supplements to the foregoing, or any 9,960
one or more or combination thereof, authorizing or providing for 9,961
the terms and conditions applicable to, or providing for the 9,962
security or liquidity of, obligations issued pursuant to section 9,963
3318.26 of the Revised Code, and the provisions contained in the 9,964
obligations. 9,965
(C) "Bond service charges" means principal, including 9,967
221
mandatory sinking fund requirements for retirement of 9,968
obligations, and interest, and redemption premium, if any, 9,969
required to be paid by the state on obligations, and, if provided 9,970
in the applicable bond proceedings, may include any corresponding 9,971
lease or sublease payments to be made with respect thereto to the 9,972
issuing authority by the state or any agency of state government. 9,973
(D) "Bond service fund" means the applicable fund and 9,975
accounts therein created for and pledged to the payment of bond 9,976
service charges, which may be, or may be part of, either the 9,977
school building program bond service fund created by division (R) 9,978
of section 3318.26 of the Revised Code or the school facilities 9,979
bond service fund created by division (S) of section 3318.26 of 9,980
the Revised Code, including all moneys and investments, and 9,981
earnings from investments, credited and to be credited thereto. 9,982
(E) "Issuing authority" means the treasurer of state, or 9,984
the officer who by law performs the functions of such officer. 9,985
(F) "Obligations" means bonds, notes, or other evidence of 9,987
obligation including interest coupons pertaining thereto, issued 9,988
pursuant to section 3318.26 of the Revised Code. 9,989
(G) "Permanent improvement" or "improvement" means a 9,991
permanent improvement or improvement as defined under division 9,992
(CC) of section 133.01 of the Revised Code to be used for housing 9,993
agencies of state government, including classroom facilities as 9,994
defined in division (B) of section 3318.01 of the Revised Code. 9,995
(H) "Pledged receipts," in the case of obligations issued 9,997
to provide moneys for the school building program assistance fund 9,998
created in section 3318.25 of the Revised Code, means any or all 9,999
of the following: 10,000
(1) Moneys in the lottery profits education fund created 10,002
in section 3770.06 of the Revised Code appropriated by the 10,003
general assembly and pledged for the purpose of paying bond 10,004
service charges on one or more issuances of such obligations; 10,005
(2) Accrued interest received from the sale of 10,007
obligations; 10,008
222
(3) Income from the investment of the special funds; 10,010
(4) Any gifts, grants, donations, and pledges, and 10,012
receipts therefrom, available for the payment of bond service 10,013
charges. 10,014
(I) "Pledged receipts," in the case of obligations issued 10,016
to provide moneys for the school districts facilities fund 10,017
created in section 3318.23 of the Revised Code, means any or all 10,018
of the following: 10,019
(1) Moneys from the sale of classroom facilities accruing 10,021
in the public school building fund created in section 3318.15 of 10,022
the Revised Code, which moneys are pledged for the purpose of 10,023
paying bond service charges on one or more issuances of such 10,024
obligations. 10,025
(2) Moneys accruing to the state from the repayment, 10,027
including interest, of loans from the school districts facilities 10,028
fund made pursuant to section 3318.24 of the Revised Code; 10,029
(3) Accrued interest received from the sale of 10,031
obligations; 10,032
(4) Income from the investment of the special funds; 10,034
(5) Any gifts, grants, donations, and pledges, and 10,036
receipts therefrom, available for the payment of bond service 10,037
charges. 10,038
(J) "School district" means a school district as defined 10,040
under division (D) of section 3318.01 of the Revised Code, acting 10,041
as an agency of state government, performing essential 10,042
governmental functions of state government pursuant to sections 10,043
3318.21 to 3318.29 of the Revised Code.
(K)(J) "Securities" means securities as defined under 10,045
division (KK) in section 133.01 of the Revised Code. 10,046
(L)(K) "Special funds" or "funds" means, except where the 10,048
context does not permit, the bond service fund, and any other 10,049
funds, including reserve funds, created under the bond 10,050
proceedings, and either the school building program bond service 10,051
fund created by division (R) of section 3318.26 of the Revised 10,052
223
Code or the school facilities bond service fund created by 10,053
division (S) of section 3318.26 of the Revised Code to the extent 10,054
provided in the bond proceedings, including all moneys and 10,055
investments, and earnings from investment, credited and to be 10,056
credited thereto. 10,057
Sec. 3318.25. There is hereby created in the state 10,066
treasury the school building program assistance fund. The fund 10,067
shall consist of the proceeds of obligations issued for the 10,068
purposes of such fund pursuant to section 3318.26 of the Revised 10,069
Code that are payable from moneys in the lottery profits 10,070
education fund created in section 3770.06 of the Revised Code. 10,071
All investment earnings of the fund shall be credited to the 10,072
fund. Moneys in the fund shall be used as directed by the Ohio 10,073
school facilities commission for the cost to the state of 10,075
acquiring CONSTRUCTING classroom facilities for sale to school 10,076
districts pursuant to UNDER sections 3318.01 to 3318.20 of the 10,077
Revised Code. 10,079
Sec. 3318.26. (A) Subject to the limitations provided in 10,088
section 3318.29 of the Revised Code, the issuing authority, upon 10,089
the certification by the Ohio school facilities commission to the 10,091
issuing authority of the amount of moneys or additional moneys 10,092
needed in the school districts facilities fund for the purpose of 10,093
making loans for allowable costs from such fund or in the school 10,094
building program assistance fund for the purposes of sections 10,095
3318.01 to 3318.20 of the Revised Code, or needed for capitalized 10,096
interest, for funding reserves, and for paying costs and expenses 10,097
incurred in connection with the issuance, carrying, securing, 10,098
paying, redeeming, or retirement of the obligations or any 10,099
obligations refunded thereby, including payment of costs and 10,100
expenses relating to letters of credit, lines of credit, 10,101
insurance, put agreements, standby purchase agreements, indexing, 10,102
marketing, remarketing and administrative arrangements, interest 10,103
swap or hedging agreements, and any other credit enhancement, 10,104
liquidity, remarketing, renewal, or refunding arrangements, all 10,105
224
of which are authorized by this section, shall issue obligations 10,106
of the state under this section in the required amount. The 10,107
proceeds of such obligations, except for obligations issued to 10,109
provide moneys for the school building program assistance fund or 10,110
except for such portion to SHALL be deposited BY THE TREASURER OF 10,112
STATE in special funds, including reserve funds, as may be 10,113
provided in the bond proceedings, shall as provided in the bond 10,114
proceedings be deposited by the treasurer of state to the school 10,115
districts facilities fund. The issuing authority may appoint 10,116
trustees, paying agents, and transfer agents and may retain the 10,117
services of financial advisors and accounting experts and retain 10,118
or contract for the services of marketing, remarketing, indexing, 10,119
and administrative agents, other consultants, and independent 10,120
contractors, including printing services, as are necessary in the 10,121
issuing authority's judgment to carry out this section. The 10,122
costs of such services are payable from the school districts 10,123
facilities fund, the school building program assistance fund, or 10,124
any special fund determined by the issuing authority. 10,125
(B) The holders or owners of such obligations shall have 10,127
no right to have moneys raised by taxation obligated or pledged, 10,128
and moneys raised by taxation shall not be obligated or pledged, 10,129
for the payment of bond service charges. Such holders or owners 10,130
shall have no rights to payment of bond service charges from any 10,131
money or property received by the commission, treasurer of state, 10,134
or the state, or from any other use of the proceeds of the sale 10,135
of the obligations, and no such moneys may be used for the 10,136
payment of bond service charges, except for accrued interest, 10,137
capitalized interest, and reserves funded from proceeds received 10,138
upon the sale of the obligations and except as otherwise 10,139
expressly provided in the applicable bond proceedings pursuant to 10,140
written directions by the treasurer of state. The right of such 10,141
holders and owners to payment of bond service charges shall be 10,142
limited to all or that portion of the pledged receipts and those 10,143
special funds pledged thereto pursuant to the bond proceedings in 10,144
225
accordance with this section, and each such obligation shall bear 10,145
on its face a statement to that effect.
(C) Obligations shall be authorized by resolution or order 10,147
of the issuing authority and the bond proceedings shall provide 10,148
for the purpose thereof and the principal amount or amounts, and 10,149
shall provide for or authorize the manner or agency for 10,150
determining the principal maturity or maturities, not exceeding 10,151
the limits specified in section 3318.29 of the Revised Code, the 10,152
interest rate or rates or the maximum interest rate, the date of 10,153
the obligations and the dates of payment of interest thereon, 10,154
their denomination, and the establishment within or without the 10,155
state of a place or places of payment of bond service charges. 10,156
Sections 9.98 to 9.983 of the Revised Code are applicable to 10,157
obligations issued under this section, subject to any applicable 10,158
limitation under section 3318.29 of the Revised Code. The 10,159
purpose of such obligations may be stated in the bond proceedings 10,160
in terms describing the general purpose or purposes to be served. 10,161
The bond proceedings shall also provide, subject to the 10,162
provisions of any other applicable bond proceedings, for the 10,163
pledge of all, or such part as the issuing authority may 10,164
determine, of the pledged receipts and the applicable special 10,165
fund or funds to the payment of bond service charges, which 10,166
pledges may be made either prior or subordinate to other 10,167
expenses, claims, or payments, and may be made to secure the 10,168
obligations on a parity with obligations theretofore or 10,169
thereafter issued, if and to the extent provided in the bond 10,170
proceedings. The pledged receipts and special funds so pledged 10,171
and thereafter received by the state are immediately subject to 10,172
the lien of such pledge without any physical delivery thereof or 10,173
further act, and the lien of any such pledges is valid and 10,174
binding against all parties having claims of any kind against the 10,175
state or any governmental agency of the state, irrespective of 10,176
whether such parties have notice thereof, and shall create a 10,177
perfected security interest for all purposes of Chapter 1309. of 10,178
226
the Revised Code, without the necessity for separation or 10,179
delivery of funds or for the filing or recording of the bond 10,180
proceedings by which such pledge is created or any certificate, 10,181
statement or other document with respect thereto; and the pledge 10,182
of such pledged receipts and special funds is effective and the 10,183
money therefrom and thereof may be applied to the purposes for 10,184
which pledged without necessity for any act of appropriation, 10,185
except as required by section 3770.06 of the Revised Code. Every 10,186
pledge, and every covenant and agreement made with respect 10,187
thereto, made in the bond proceedings may therein be extended to 10,188
the benefit of the owners and holders of obligations authorized 10,189
by this section, and to any trustee therefor, for the further 10,190
security of the payment of the bond service charges. 10,191
(D) The bond proceedings may contain additional provisions 10,193
as to: 10,194
(1) The redemption of obligations prior to maturity at the 10,196
option of the issuing authority at such price or prices and under 10,197
such terms and conditions as are provided in the bond 10,198
proceedings; 10,199
(2) Other terms of the obligations; 10,201
(3) Limitations on the issuance of additional obligations; 10,203
(4) The terms of any trust agreement or indenture securing 10,205
the obligations or under which the same may be issued; 10,206
(5) The deposit, investment and application of special 10,208
funds, and the safeguarding of moneys on hand or on deposit, 10,209
without regard to Chapter 131., 133., or 135. of the Revised 10,210
Code, but subject to any special provisions of sections 3318.21 10,211
to 3318.29 of the Revised Code, with respect to particular funds 10,212
or moneys, provided that any bank or trust company that acts as 10,213
depository of any moneys in the special funds may furnish such 10,214
indemnifying bonds or may pledge such securities as required by 10,215
the issuing authority; 10,216
(6) Any or every provision of the bond proceedings being 10,218
binding upon such officer, board, commission, authority, agency, 10,219
227
department, or other person or body as may from time to time have 10,220
the authority under law to take such actions as may be necessary 10,221
to perform all or any part of the duty required by such 10,222
provision; 10,223
(7) Any provision that may be made in a trust agreement or 10,226
indenture;
(8) The lease or sublease of any interest of the school 10,228
district or the state in one or more projects as defined in 10,229
division (C) of section 3318.01 of the Revised Code, or in one or 10,230
more permanent improvements, to or from the issuing authority, as 10,231
provided in one or more lease or sublease agreements between the
school or the state and the issuing authority; 10,232
(9) Any other or additional agreements with the holders of 10,234
the obligations, or the trustee therefor, relating to the 10,235
obligations or the security therefor, including in the case of 10,236
obligations issued to provide moneys for the school district 10,237
facilities fund the assignment of security obtained or to be 10,238
obtained for loans under section 3318.24 of the Revised Code. 10,239
(E) The obligations may have the great seal of the state 10,241
or a facsimile thereof affixed thereto or printed thereon. The 10,242
obligations and any coupons pertaining to obligations shall be 10,243
signed or bear the facsimile signature of the issuing authority. 10,244
Any obligations or coupons may be executed by the person who, on 10,245
the date of execution, is the proper issuing authority although 10,246
on the date of such bonds or coupons such person was not the 10,247
issuing authority. In case the issuing authority whose signature 10,248
or a facsimile of whose signature appears on any such obligation 10,249
or coupon ceases to be the issuing authority before delivery 10,250
thereof, such signature or facsimile is nevertheless valid and 10,251
sufficient for all purposes as if the issuing authority had 10,252
remained the issuing authority until such delivery; and in case 10,254
the seal to be affixed to obligations has been changed after a 10,255
facsimile of the seal has been imprinted on such obligations, 10,256
such facsimile seal shall continue to be sufficient as to such 10,257
228
obligations and obligations issued in substitution or exchange 10,258
therefor.
(F) All obligations are negotiable instruments and 10,260
securities under Chapter 1308. of the Revised Code, subject to 10,261
the provisions of the bond proceedings as to registration. The 10,262
obligations may be issued in coupon or in registered form, or 10,263
both, as the issuing authority determines. Provision may be made 10,264
for the registration of any obligations with coupons attached 10,265
thereto as to principal alone or as to both principal and 10,266
interest, their exchange for obligations so registered, and for 10,267
the conversion or reconversion into obligations with coupons 10,268
attached thereto of any obligations registered as to both 10,269
principal and interest, and for reasonable charges for such 10,270
registration, exchange, conversion, and reconversion. 10,271
(G) Obligations may be sold at public sale or at private 10,273
sale, as determined in the bond proceedings. 10,274
(H) Pending preparation of definitive obligations, the 10,276
issuing authority may issue interim receipts or certificates 10,277
which shall be exchanged for such definitive obligations. 10,278
(I) In the discretion of the issuing authority, 10,280
obligations may be secured additionally by a trust agreement or 10,281
indenture between the issuing authority and a corporate trustee 10,282
which may be any trust company or bank having its principal place 10,283
of business within the state. Any such agreement or indenture 10,284
may contain the resolution or order authorizing the issuance of 10,285
the obligations, any provisions that may be contained in any bond 10,286
proceedings, and other provisions that are customary or 10,287
appropriate in an agreement or indenture of such type, including, 10,288
but not limited to: 10,289
(1) Maintenance of each pledge, trust agreement, 10,291
indenture, or other instrument comprising part of the bond 10,292
proceedings until the state has fully paid the bond service 10,293
charges on the obligations secured thereby, or provision therefor 10,294
has been made; 10,295
229
(2) In the event of default in any payments required to be 10,297
made by the bond proceedings, or any other agreement of the 10,298
issuing authority made as a part of the contract under which the 10,299
obligations were issued, enforcement of such payments or 10,300
agreement by mandamus, the appointment of a receiver, suit in 10,301
equity, action at law, or any combination of the foregoing; 10,302
(3) The rights and remedies of the holders of obligations 10,304
and of the trustee, and provisions for protecting and enforcing 10,305
them, including limitations on rights of individual holders of 10,306
obligations; 10,307
(4) The replacement of any obligations that become 10,309
mutilated or are destroyed, lost, or stolen; 10,310
(5) Such other provisions as the trustee and the issuing 10,312
authority agree upon, including limitations, conditions, or 10,313
qualifications relating to any of the foregoing. 10,314
(J) Any holder of obligations or a trustee under the bond 10,316
proceedings, except to the extent that the holder's or trustee's 10,318
rights are restricted by the bond proceedings, may by any 10,319
suitable form of legal proceedings, protect and enforce any 10,320
rights under the laws of this state or granted by such bond 10,321
proceedings. Such rights include the right to compel the 10,322
performance of all duties of the issuing authority, the 10,323
commission, or the director of budget and management required by 10,325
sections 3318.21 to 3318.29 of the Revised Code or the bond 10,326
proceedings; to enjoin unlawful activities; and in the event of 10,327
default with respect to the payment of any bond service charges 10,328
on any obligations or in the performance of any covenant or 10,329
agreement on the part of the issuing authority, the commission, 10,330
or the director of budget and management in the bond proceedings, 10,332
to apply to a court having jurisdiction of the cause to appoint a 10,333
receiver to receive and administer the pledged receipts and 10,334
special funds, other than those in the custody of the treasurer 10,335
of state or the commission, which are pledged to the payment of 10,337
the bond service charges on such obligations or which are the 10,338
230
subject of the covenant or agreement, with full power to pay, and 10,339
to provide for payment of bond service charges on, such 10,340
obligations, and with such powers, subject to the direction of 10,341
the court, as are accorded receivers in general equity cases, 10,342
excluding any power to pledge additional revenues or receipts or 10,343
other income or moneys of the issuing authority or the state or 10,344
governmental agencies of the state to the payment of such 10,345
principal and interest and excluding the power to take possession 10,346
of, mortgage, or cause the sale or otherwise dispose of any 10,347
permanent improvement. 10,348
Each duty of the issuing authority and the issuing 10,350
authority's officers and employees, and of each governmental 10,351
agency and its officers, members, or employees, undertaken 10,352
pursuant to the bond proceedings or any agreement or loan made 10,353
under authority of sections 3318.21 to 3318.29 of the Revised 10,354
Code, and in every agreement by or with the issuing authority, is 10,355
hereby established as a duty of the issuing authority, and of 10,356
each such officer, member, or employee having authority to 10,357
perform such duty, specifically enjoined by the law resulting 10,358
from an office, trust, or station within the meaning of section 10,359
2731.01 of the Revised Code. 10,360
The person who is at the time the issuing authority, or the 10,362
issuing authority's officers or employees, are not liable in 10,363
their personal capacities on any obligations issued by the 10,364
issuing authority or any agreements of or with the issuing 10,365
authority. 10,366
(K) The issuing authority may authorize and issue 10,368
obligations for the refunding, including funding and retirement, 10,369
and advance refunding with or without payment or redemption prior 10,370
to maturity, of any obligations previously issued by the issuing 10,371
authority. Such obligations may be issued in amounts sufficient 10,372
for payment of the principal amount of the prior obligations, any 10,373
redemption premiums thereon, principal maturities of any such 10,374
obligations maturing prior to the redemption of the remaining 10,375
231
obligations on a parity therewith, interest accrued or to accrue 10,376
to the maturity dates or dates of redemption of such obligations, 10,377
and any allowable costs including expenses incurred or to be 10,378
incurred in connection with such issuance and such refunding, 10,379
funding, and retirement. Subject to the bond proceedings 10,380
therefor, the portion of proceeds of the sale of obligations 10,381
issued under this division to be applied to bond service charges 10,382
on the prior obligations shall be credited to an appropriate 10,383
account held by the trustee for such prior or new obligations or 10,384
to the appropriate account in the bond service fund for such 10,385
obligations. Obligations authorized under this division shall be 10,386
deemed to be issued for those purposes for which such prior 10,387
obligations were issued and are subject to the provisions of this 10,388
section pertaining to other obligations, except as otherwise 10,389
provided in this section; provided that, unless otherwise 10,390
authorized by the general assembly, any limitations imposed by 10,391
the general assembly pursuant to this section with respect to 10,392
bond service charges applicable to the prior obligations shall be 10,393
applicable to the obligations issued under this division to 10,394
refund, fund, advance refund or retire such prior obligations. 10,395
(L) The authority to issue obligations under this section 10,397
includes authority to refund or refinance any obligations 10,398
previously issued by the state under sections 3318.21 to 3318.29 10,399
of the Revised Code. 10,400
The authority to issue obligations under this section also 10,402
includes authority to issue obligations in the form of bond 10,403
anticipation notes and to renew the same from time to time by the 10,404
issuance of new notes. The holders of such notes or interest 10,405
coupons pertaining thereto shall have a right to be paid solely 10,406
from the pledged receipts and special funds that may be pledged 10,407
to the payment of the bonds anticipated, or from the proceeds of 10,408
such bonds or renewal notes, or both, as the issuing authority 10,409
provides in the resolution or order authorizing such notes. Such 10,410
notes may be additionally secured by covenants of the issuing 10,411
232
authority to the effect that the issuing authority and the state 10,412
will do such or all things necessary for the issuance of such 10,413
bonds or renewal notes in appropriate amount, and apply the 10,414
proceeds thereof to the extent necessary, to make full payment of 10,415
the principal of and interest on such notes at the time or times 10,416
contemplated, as provided in such resolution or order. For such 10,417
purpose, the issuing authority may issue bonds or renewal notes 10,418
in such principal amount and upon such terms as may be necessary 10,419
to provide funds to pay when required the principal of and 10,420
interest on such notes, notwithstanding any limitations 10,421
prescribed by or for purposes of this section. Subject to this 10,422
division, all provisions for and references to obligations in 10,423
this section are applicable to notes authorized under this 10,424
division. 10,425
The issuing authority in the bond proceedings authorizing 10,427
the issuance of bond anticipation notes shall set forth for such 10,428
bonds an estimated interest rate and a schedule of principal 10,429
payments for such bonds and the annual maturity dates thereof, 10,430
and for purposes of any limitation on bond service charges 10,431
prescribed under section 3318.29 of the Revised Code, the amount 10,432
of bond service charges on such bond anticipation notes shall be 10,433
deemed to be the bond service charges for the bonds anticipated 10,434
thereby as set forth in the bond proceedings applicable to such 10,435
notes, but this provision does not modify any authority in this 10,436
section to pledge pledged receipts and special funds to, and 10,437
covenant to issue bonds to fund, the payment of principal of and 10,438
interest and any premium on such notes. 10,439
(M) Obligations issued under this section are lawful 10,441
investments for banks, societies for savings, savings and loan 10,442
associations, deposit guarantee associations, trust companies, 10,443
trustees, fiduciaries, insurance companies, including domestic 10,444
for life and domestic not for life, trustees or other officers 10,445
having charge of sinking and bond retirement or other special 10,446
funds of political subdivisions and taxing districts of this 10,447
233
state, the commissioners of the sinking fund of the state, the 10,448
administrator of workers' compensation, the state teachers 10,450
retirement system, the public employees retirement system, the 10,451
school employees retirement system, and the police and firemen's 10,452
disability and pension fund, notwithstanding any other provisions 10,453
of the Revised Code or rules adopted pursuant thereto by any 10,454
governmental agency of the state with respect to investments by 10,455
them, and also are acceptable as security for the deposit of 10,456
public moneys.
(N) Unless otherwise provided in any applicable bond 10,458
proceedings, moneys to the credit of or in the special funds 10,459
established by or pursuant to this section may be invested by or 10,460
on behalf of the issuing authority only in notes, bonds, or other 10,461
obligations of the United States, or of any agency or 10,462
instrumentality of the United States, obligations guaranteed as 10,464
to principal and interest by the United States, obligations of 10,465
this state or any political subdivision of this state, and 10,466
certificates of deposit of any national bank located in this 10,468
state and any bank, as defined in section 1101.01 of the Revised 10,469
Code, subject to inspection by the superintendent of financial 10,470
institutions. If the law or the instrument creating a trust 10,472
pursuant to division (I) of this section expressly permits 10,473
investment in direct obligations of the United States or an 10,474
agency of the United States, unless expressly prohibited by the 10,475
instrument, such moneys also may be invested in no front end load 10,476
money market mutual funds consisting exclusively of obligations 10,477
of the United States or an agency of the United States and in 10,478
repurchase agreements, including those issued by the fiduciary 10,479
itself, secured by obligations of the United States or an agency 10,480
of the United States; and in collective investment funds 10,481
established in accordance with section 1111.14 of the Revised 10,483
Code and consisting exclusively of any such securities, 10,484
notwithstanding division (A)(1)(c) of that section. The income 10,486
from such investments shall be credited to such funds as the 10,488
234
issuing authority determines, and such investments may be sold at 10,489
such times as the issuing authority determines or authorizes. 10,490
(O) Provision may be made in the applicable bond 10,492
proceedings for the establishment of separate accounts in the 10,493
bond service fund and for the application of such accounts only 10,494
to the specified bond service charges on obligations pertinent to 10,495
such accounts and bond service fund and for other accounts 10,496
therein within the general purposes of such fund. Unless 10,497
otherwise provided in any applicable bond proceedings, moneys to 10,498
the credit of or in the several special funds established 10,499
pursuant to this section shall be disbursed on the order of the 10,500
treasurer of state, provided that no such order is required for 10,501
the payment from the bond service fund when due of bond service 10,502
charges on obligations. 10,503
(P) The issuing authority may pledge all, or such portion 10,505
as the issuing authority determines, of the pledged receipts to 10,506
the payment of bond service charges on obligations issued under 10,507
this section, and for the establishment and maintenance of any 10,508
reserves, as provided in the bond proceedings, and make other 10,509
provisions therein with respect to pledged receipts as authorized 10,510
by this chapter, which provisions shall be controlling 10,511
notwithstanding any other provisions of law pertaining thereto. 10,512
(Q) The issuing authority may covenant in the bond 10,514
proceedings, and any such covenants shall be controlling 10,515
notwithstanding any other provision of law, that the state and 10,516
applicable officers and governmental agencies of the state, 10,517
including the general assembly, so long as any obligations are 10,519
outstanding, shall:
(1) Maintain statutory authority for and cause to be 10,521
operated the state lottery, including the transfers to and from 10,522
the lottery profits education fund created in section 3770.06 of 10,523
the Revised Code so that the pledged receipts shall be sufficient 10,524
in amount to meet bond service charges, and the establishment and 10,525
maintenance of any reserves and other requirements provided for 10,526
235
in the bond proceedings; 10,527
(2) Take or permit no action, by statute or otherwise, 10,529
that would impair the exclusion from gross income for federal 10,530
income tax purposes of the interest on any obligations designated 10,531
by the bond proceeding as tax-exempt obligations. 10,532
(R) There is hereby created the school building program 10,534
bond service fund, which shall be in the custody of the treasurer 10,535
of state but shall be separate and apart from and not a part of 10,536
the state treasury. All moneys received by or on account of the 10,537
issuing authority or state agencies and required by the 10,538
applicable bond proceedings, consistent with this section, to be 10,539
deposited, transferred, or credited to the school building 10,540
program bond service fund, and all other moneys transferred or 10,541
allocated to or received for the purposes of the fund, shall be 10,542
deposited and credited to such fund and to any separate accounts 10,543
therein, subject to applicable provisions of the bond 10,544
proceedings, but without necessity for any act of appropriation, 10,545
except as required by section 3770.06 of the Revised Code. 10,546
During the period beginning with the date of the first issuance 10,547
of obligations and continuing during such time as any such 10,548
obligations are outstanding, and so long as moneys in the school 10,549
building program bond service fund are insufficient to pay all 10,550
bond service charges on such obligations becoming due in each 10,551
year, a sufficient amount of the moneys from the lottery profits 10,552
education fund included in pledged receipts, subject to 10,553
appropriation for such purpose as provided in section 3770.06 of 10,554
the Revised Code, are committed and shall be paid to the school 10,555
building program bond service fund in each year for the purpose 10,556
of paying the bond service charges becoming due in that year. 10,557
The school building program bond service fund is a trust fund and 10,558
is hereby pledged to the payment of bond service charges solely 10,559
on obligations issued to provide moneys for the school building 10,560
program assistance fund to the extent provided in the applicable 10,561
bond proceedings, and payment thereof from such fund shall be 10,562
236
made or provided for by the treasurer of state in accordance with 10,563
such bond proceedings without necessity for any act of 10,564
appropriation except as required by section 3770.06 of the 10,565
Revised Code. 10,566
(S) There is hereby created the school facilities bond 10,568
service fund, which shall be in the custody of the treasurer of 10,569
state but shall be separate and apart from and not a part of the 10,570
state treasury. All moneys received by or on account of the 10,571
issuing authority or state agencies and required by the 10,572
applicable bond proceedings, consistent with this section, to be 10,573
deposited, transferred, or credited to the school facilities bond 10,574
service fund, and all other moneys transferred or allocated to or 10,575
received for the purposes of the fund, shall be deposited and 10,576
credited to such fund and to any separate accounts therein, 10,577
subject to applicable provisions of the bond proceedings, but 10,578
without necessity for any act of appropriation. During the 10,579
period beginning with the date of the first issuance of 10,580
obligations and continuing during such time as any such 10,581
obligations are outstanding, and so long as moneys in the school 10,582
facilities bond service fund are insufficient to pay all bond 10,583
service charges on such obligations becoming due in each year, a 10,584
sufficient amount of the moneys from the public school building 10,585
fund included in pledged receipts are committed and shall be paid 10,586
to the bond service fund in each year for the purpose of paying 10,587
the bond service charges becoming due in that year. The school 10,588
facilities bond service fund is a trust fund and is hereby 10,589
pledged to the payment of bond service charges on obligations 10,590
issued to provide moneys for the school districts facilities fund 10,591
to the extent provided in the applicable bond proceedings, and 10,592
payment thereof from such fund shall be made or provided for by 10,593
the treasurer of state in accordance with such bond proceedings 10,594
without necessity for any act or appropriation. 10,595
(T) The obligations, the transfer thereof, and the income 10,597
therefrom, including any profit made on the sale thereof, at all 10,599
237
times shall be free from taxation within the state.
Sec. 3318.29. The maximum maturity of any obligations 10,608
issued pursuant to section 3318.26 of the Revised Code to provide 10,609
moneys for the school building program assistance fund shall be 10,610
ten years. The terms of the obligations shall be such that in 10,611
any fiscal year the aggregate amount of moneys from the lottery 10,612
profits education fund, and not from other sources, that are 10,613
pledged to pay bond service charges on obligations issued to 10,614
provide moneys for the school building program assistance fund 10,615
shall not exceed ten million dollars. 10,616
As used in this section, "other sources" includes the 10,618
annual investment income on special funds to the extent the 10,619
income will be available for payment of any bond service charges 10,620
in lieu of use of moneys from the lottery profits education fund. 10,621
The annual investment income shall be estimated on the basis of 10,622
the expected funding of those special funds and assumed 10,623
investment earnings thereon at a rate equal to the weighted 10,624
average yield on investments of those special funds determined as 10,625
of any date within sixty days immediately preceding the date of 10,626
issuance of the bonds in respect of which the determination is 10,627
being made. 10,628
The determinations required by this section shall be made 10,630
by the treasurer of state at the time of issuance of an issue of 10,631
obligations and shall be conclusive for purposes of such issuance 10,632
of obligations from and after their issuance and delivery. 10,633
The maximum maturity of obligations issued pursuant to 10,635
section 3318.26 of the Revised Code to provide moneys for the 10,636
school district facilities fund shall not exceed the maximum 10,637
maturity of the loan made from such fund pursuant to section 10,638
3318.24 of the Revised Code utilizing the proceeds of such 10,639
obligations or ten years, whichever is less. The terms of the 10,640
obligations shall be such that in any fiscal year the aggregate 10,641
amount of moneys from the public school building fund that are 10,642
pledged to pay bond service charges on obligations issued to 10,643
238
provide moneys for the school districts facilities fund shall not 10,644
exceed an amount which shall be established by the Ohio school 10,645
facilities commission. 10,646
Sec. 3318.31. (A) The Ohio school facilities commission 10,657
may perform any act and ensure the performance of any function 10,658
necessary or appropriate to carry out the purposes of, and 10,659
exercise the powers granted under, sections 3318.01 to 3318.33 10,660
AND SECTION 3318.36 of the Revised Code, including any of the 10,661
following: 10,662
(1) Employ and fix the compensation of such employees as 10,666
will facilitate the activities and purposes of the commission, 10,667
and who shall serve at the pleasure of the commission.
(2) Adopt, amend, and rescind, pursuant to section 111.15 10,670
of the Revised Code, rules for the administration of sections 10,672
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 10,674
(3) Contract with, retain the services of, or designate, 10,677
and fix the compensation of, such agents, accountants, 10,678
consultants, advisers, and other independent contractors as may 10,679
be necessary or desirable to carry out the purposes of sections 10,680
3318.01 to 3318.33 AND SECTION 3318.36 of the Revised Code. 10,681
(4) Receive and accept any gifts, grants, donations, and 10,684
pledges, and receipts therefrom, to be used for the purposes of 10,685
sections 3318.01 to 3318.33 AND SECTION 3318.36 of the Revised 10,686
Code.
(5) Make and enter into all contracts, commitments, and 10,689
agreements, and execute all instruments, necessary or incidental 10,690
to the performance of its duties and the execution of its rights 10,691
and powers under sections 3318.01 to 3318.33 AND SECTION 3318.36 10,692
of the Revised Code. 10,693
(B) The attorney general shall serve as the legal 10,696
representative for the commission and may appoint other counsel
as necessary for that purpose in accordance with section 109.07 10,698
of the Revised Code. 10,699
Sec. 3318.33. (A) THERE IS HEREBY CREATED IN THE STATE 10,701
239
TREASURY THE OHIO SCHOOL FACILITIES COMMISSION FUND, WHICH SHALL 10,702
CONSIST OF TRANSFERS OF MONEYS AUTHORIZED BY THE GENERAL ASSEMBLY 10,703
AND REVENUES RECEIVED BY THE OHIO SCHOOL FACILITIES COMMISSION 10,704
UNDER SECTION 3318.31 OF THE REVISED CODE. INVESTMENT EARNINGS 10,706
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 10,708
ADMINISTRATIVE EXPENSES, TO PAY THE COST OF CONDUCTING
EVALUATIONS OF CLASSROOM FACILITIES, TO PAY THE COST OF PREPARING 10,709
BUILDING DESIGN SPECIFICATIONS, TO PAY THE COST OF PROVIDING 10,710
PROJECT MANAGEMENT SERVICES, AND FOR OTHER PURPOSES DETERMINED BY 10,711
THE COMMISSION TO BE NECESSARY TO FULFILL ITS DUTIES UNDER 10,712
CHAPTER 3318. OF THE REVISED CODE. 10,713
(B) THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER TO 10,715
THE OHIO SCHOOL FACILITIES COMMISSION FUND THE INVESTMENT 10,716
EARNINGS ON THE PUBLIC SCHOOL BUILDING FUND, CREATED IN SECTION 10,717
3318.15 OF THE REVISED CODE. THE DIRECTOR OF BUDGET AND 10,718
MANAGEMENT MAY TRANSFER TO THE OHIO SCHOOL FACILITIES COMMISSION 10,719
FUND THE INVESTMENT EARNINGS ON THE SCHOOL BUILDING PROGRAM 10,720
ASSISTANCE FUND, CREATED UNDER SECTION 3318.25 OF THE REVISED 10,721
CODE, IN EXCESS OF THE AMOUNTS NEEDED TO MEET ESTIMATED FEDERAL 10,722
ARBITRAGE REBATE REQUIREMENTS.
Sec. 3318.35. (A) As used in this section: 10,731
(1) "Adjusted valuation per pupil" has MEANS the same 10,733
meaning as in AMOUNT CALCULATED FOR A DISTRICT BY THE DEPARTMENT 10,734
OF EDUCATION UNDER DIVISION (A) OF section 3317.0213 3318.011 of 10,736
the Revised Code.
(2) "Ohio school facilities commission" has the same 10,739
meaning as in section 3318.01 of the Revised Code. 10,740
(B) The Ohio school facilities commission shall establish 10,743
and administer the emergency school building repair program. 10,744
Under the program, the commission shall distribute moneys 10,745
appropriated by the general assembly for such purpose to school 10,746
districts, beginning with those districts with an A CURRENT, 10,747
ONE-YEAR adjusted valuation per pupil less than the CURRENT, 10,749
240
ONE-YEAR adjusted valuation per pupil of the school district with 10,750
the two hundred ninety-third lowest adjusted valuation per pupil 10,751
in the state. The commission shall submit to the controlling 10,753
board for its approval or disapproval requests for allocations of 10,755
lump sums of money from which the commission may disburse funds 10,756
to school districts upon determining that the districts qualify 10,757
for emergency building repair assistance. Any school district 10,759
that receives moneys under this section shall expend them only to 10,760
repair the following:
(1) Heating systems; 10,762
(2) Floors, roofs, and exterior doors; 10,764
(3) Air ducts and other air ventilation devices; 10,767
(4) Emergency exit or egress passageway lighting; 10,769
(5) Fire alarm systems; 10,771
(6) Handicapped access needs; 10,773
(7) Sewage systems; 10,775
(8) Water supplies; 10,777
(9) Asbestos removal; and 10,779
(10) Any other repairs to a school building that meet the 10,782
requirements of the life safety code, as interpreted by the 10,783
commission.
(C) The Ohio school facilities commission shall adopt 10,786
rules in accordance with Chapter 119. of the Revised Code 10,787
necessary to carry out its duties and responsibilities under this 10,788
section.
Sec. 3318.36. (A) AS USED IN THIS SECTION: 10,790
(1) "OHIO SCHOOL FACILITIES COMMISSION," "CLASSROOM 10,792
FACILITIES," "SCHOOL DISTRICT," "SCHOOL DISTRICT BOARD," "NET 10,793
BONDED INDEBTEDNESS," "REQUIRED PERCENTAGE OF THE BASIC PROJECT 10,794
COSTS," "BASIC PROJECT COST," "VALUATION," AND "PERCENTILE" HAVE 10,795
THE SAME MEANINGS AS IN SECTION 3318.01 OF THE REVISED CODE. 10,796
(2) "REQUIRED LEVEL OF INDEBTEDNESS" MEANS FIVE PER CENT 10,798
OF THE SCHOOL DISTRICT'S VALUATION FOR THE YEAR PRECEDING THE 10,799
YEAR IN WHICH THE COMMISSION AND SCHOOL DISTRICT ENTER INTO AN 10,800
241
AGREEMENT UNDER DIVISION (B) OF THIS SECTION, PLUS [TWO 10,802
ONE-HUNDREDTHS OF ONE PER CENT MULTIPLIED BY (THE PERCENTILE IN 10,803
WHICH THE DISTRICT RANKS IN THE FISCAL YEAR THE COMMISSION AND 10,804
THE SCHOOL DISTRICT ENTER INTO SUCH AGREEMENT MINUS ONE)<. 10,805
(B) THERE IS HEREBY ESTABLISHED THE SCHOOL BUILDING 10,807
ASSISTANCE EXPEDITED LOCAL PARTNERSHIP PROGRAM. UNDER THE 10,808
PROGRAM, THE OHIO SCHOOL FACILITIES COMMISSION MAY ENTER INTO AN 10,809
AGREEMENT WITH THE SCHOOL DISTRICT BOARD OF ANY SCHOOL DISTRICT 10,811
RANKED IN THE TWENTIETH TO FORTIETH PERCENTILES, AS DETERMINED
UNDER SECTION 3318.011 OF THE REVISED CODE IN THE FISCAL YEAR 10,813
THAT THE COMMISSION AND SCHOOL DISTRICT BOARD ENTER INTO SUCH 10,815
AGREEMENT. UNDER THE AGREEMENT, THE SCHOOL DISTRICT BOARD MAY 10,816
PROCEED WITH THE NEW CONSTRUCTION OR MAJOR REPAIRS OF A PART OF 10,817
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, AS DETERMINED 10,818
UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE, THROUGH 10,819
THE EXPENDITURE OF LOCAL RESOURCES PRIOR TO THE SCHOOL DISTRICT'S 10,820
ELIGIBILITY FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 10,821
3318.20 OF THE REVISED CODE AND MAY APPLY THAT EXPENDITURE TOWARD 10,822
MEETING THE SCHOOL DISTRICT'S PORTION OF THE BASIC PROJECT COST 10,823
OF THE TOTAL OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS, 10,825
AS DETERMINED UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED 10,826
CODE AND AS RECALCULATED UNDER DIVISION (E) OF THIS SECTION, THAT 10,827
ARE ELIGIBLE FOR STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 10,828
3318.20 OF THE REVISED CODE WHEN THE SCHOOL DISTRICT BECOMES 10,830
ELIGIBLE FOR SUCH STATE ASSISTANCE.
THE COMMISSION MAY ENTER INTO AN AGREEMENT UNDER THIS 10,832
SECTION WITH NO MORE THAN FIVE SCHOOL DISTRICTS EACH YEAR. 10,833
TO PARTICIPATE IN THE PROGRAM, A SCHOOL DISTRICT BOARD 10,835
SHALL FIRST ADOPT A RESOLUTION CERTIFYING TO THE COMMISSION THE 10,836
BOARD'S INTENT TO PARTICIPATE IN THE PROGRAM. 10,837
THE COMMISSION SHALL CONSIDER SCHOOL DISTRICTS FOR 10,839
PARTICIPATION IN THE PROGRAM UNDER THIS SECTION EACH YEAR IN THE 10,840
ORDER IN WHICH THEY ADOPT THE RESOLUTIONS REQUIRED UNDER THIS 10,841
SECTION AND SUBMIT THEM TO THE COMMISSION.
242
ANY PROJECT UNDER THIS SECTION SHALL COMPLY WITH SECTION 10,843
3318.03 OF THE REVISED CODE AND WITH ANY SPECIFICATIONS FOR PLANS 10,844
AND MATERIALS FOR CLASSROOM FACILITIES ADOPTED BY THE COMMISSION 10,846
UNDER SECTION 3318.04 OF THE REVISED CODE. 10,847
(C) IF THE COMMISSION AND A SCHOOL DISTRICT BOARD ENTER 10,849
INTO AN AGREEMENT AUTHORIZED UNDER DIVISION (B) OF THIS SECTION, 10,850
THE COMMISSION SHALL CONDUCT ON-SITE VISITS TO THE SCHOOL 10,851
DISTRICT AND SHALL CONDUCT AN ASSESSMENT OF THE SCHOOL DISTRICT'S 10,853
CLASSROOM FACILITIES NEEDS AS AUTHORIZED IN SECTION 3318.021 OF 10,854
THE REVISED CODE WITHIN SIX MONTHS OF THE EXECUTION OF THE 10,855
AGREEMENT. BASED ON THE RESULTS OF THE ON-SITE VISITS AND 10,856
ASSESSMENT, THE COMMISSION SHALL DETERMINE THE BASIC PROJECT COST 10,857
OF THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS. THE 10,858
COMMISSION SHALL DETERMINE THE SCHOOL DISTRICT'S PORTION OF SUCH 10,859
BASIC PROJECT COST, WHICH SHALL BE THE GREATER OF: 10,860
(1) THE REQUIRED PERCENTAGE OF THE BASIC PROJECT COSTS, 10,862
DETERMINED BASED ON THE SCHOOL DISTRICT'S PERCENTILE RANKING IN 10,863
THE FISCAL YEAR THE COMMISSION AND THE SCHOOL DISTRICT ENTER INTO 10,864
THE AGREEMENT UNDER DIVISION (B) OF THIS SECTION; 10,865
(2) AN AMOUNT NECESSARY TO RAISE THE SCHOOL DISTRICT'S NET 10,867
BONDED INDEBTEDNESS, AS OF THE FISCAL YEAR THE COMMISSION AND THE 10,868
SCHOOL DISTRICT ENTER INTO THE AGREEMENT UNDER DIVISION (B) OF 10,869
THIS SECTION, TO WITHIN FIVE THOUSAND DOLLARS OF THE REQUIRED 10,870
LEVEL OF INDEBTEDNESS.
(D)(1) WHEN THE COMMISSION DETERMINES THE BASIC PROJECT 10,872
COST OF THE CLASSROOM FACILITIES NEEDS OF A SCHOOL DISTRICT AND 10,873
THE SCHOOL DISTRICT'S PORTION OF THAT BASIC PROJECT COST UNDER 10,875
DIVISION (C) OF THIS SECTION, THE PROJECT SHALL BE CONDITIONALLY 10,876
APPROVED. SUCH CONDITIONAL APPROVAL SHALL BE SUBMITTED TO THE 10,877
CONTROLLING BOARD FOR APPROVAL THEREOF. THE CONTROLLING BOARD 10,878
SHALL FORTHWITH APPROVE OR REJECT THE COMMISSION'S DETERMINATION, 10,879
CONDITIONAL APPROVAL, AND THE AMOUNT OF THE STATE'S PORTION OF 10,880
THE BASIC PROJECT COST; HOWEVER, NO STATE FUNDS SHALL BE 10,881
ENCUMBERED UNDER THIS SECTION. UPON APPROVAL BY THE CONTROLLING 10,882
243
BOARD, THE SCHOOL DISTRICT BOARD MAY IDENTIFY A DISCRETE PART OF 10,884
ITS CLASSROOM FACILITIES NEEDS, WHICH SHALL INCLUDE ONLY NEW 10,885
CONSTRUCTION OF OR ADDITIONS OR MAJOR REPAIRS TO A PARTICULAR 10,886
BUILDING, TO ADDRESS WITH LOCAL RESOURCES. UPON IDENTIFYING A 10,888
PART OF THE SCHOOL DISTRICT'S BASIC PROJECT COST TO ADDRESS WITH 10,889
LOCAL RESOURCES, THE SCHOOL DISTRICT BOARD MAY ALLOCATE ANY 10,890
AVAILABLE SCHOOL DISTRICT MONEYS TO PAY THE COST OF THAT 10,891
IDENTIFIED PART, INCLUDING THE PROCEEDS OF AN ISSUANCE OF BONDS
IF APPROVED BY THE ELECTORS OF THE SCHOOL DISTRICT. 10,893
ALL LOCAL RESOURCES UTILIZED UNDER THIS DIVISION SHALL 10,895
FIRST BE DEPOSITED IN THE PROJECT CONSTRUCTION ACCOUNT REQUIRED 10,896
UNDER SECTION 3318.08 OF THE REVISED CODE.
(2) FOR A SCHOOL DISTRICT TO QUALIFY FOR PARTICIPATION IN 10,898
THE PROGRAM AUTHORIZED UNDER THIS SECTION, THE ELECTORS OF THE 10,899
SCHOOL DISTRICT BY A MAJORITY VOTE SHALL APPROVE THE LEVY OF 10,900
TAXES OUTSIDE THE TEN-MILL LIMITATION FOR A PERIOD NOT TO EXCEED 10,901
TWENTY-THREE YEARS AT THE RATE OF ONE-HALF MILL FOR EACH DOLLAR 10,902
OF VALUATION TO BE USED TO PAY THE COST OF MAINTAINING THE 10,903
CLASSROOM FACILITIES INCLUDED IN THE BASIC PROJECT COST AS 10,904
DETERMINED BY THE COMMISSION. THE FORM OF THE BALLOT TO BE USED 10,905
TO SUBMIT THE QUESTION WHETHER TO APPROVE THE TAX REQUIRED UNDER 10,906
THIS DIVISION TO THE ELECTORS OF THE SCHOOL DISTRICT SHALL BE THE 10,907
FORM FOR AN ADDITIONAL LEVY OF TAXES PRESCRIBED IN DIVISION (C) 10,908
OF SECTION 3318.06 OF THE REVISED CODE. PROCEEDS OF THIS 10,909
ADDITIONAL LEVY OF TAXES SHALL BE DEPOSITED INTO A SEPARATE FUND 10,910
AS SPECIFIED IN DIVISION (B) OF SECTION 3318.05 OF THE REVISED 10,911
CODE.
(E) IF THE SCHOOL DISTRICT BECOMES ELIGIBLE FOR STATE 10,913
ASSISTANCE UNDER SECTIONS 3318.01 TO 3318.20 OF THE REVISED CODE 10,915
BASED ON ITS PERCENTILE RANKING AS DETERMINED UNDER DIVISION (B) 10,916
OF THIS SECTION, THE COMMISSION SHALL CONDUCT A NEW ASSESSMENT OF 10,917
THE SCHOOL DISTRICT'S CLASSROOM FACILITIES NEEDS AND SHALL 10,918
RECALCULATE THE BASIC PROJECT COST BASED ON THIS NEW ASSESSMENT. 10,919
THE BASIC PROJECT COST RECALCULATED UNDER THIS DIVISION SHALL 10,920
244
INCLUDE THE AMOUNT OF EXPENDITURES MADE BY THE SCHOOL DISTRICT 10,921
BOARD UNDER DIVISION (D)(1) OF THIS SECTION. THE COMMISSION
SHALL THEN RECALCULATE THE SCHOOL DISTRICT'S PORTION OF THE NEW 10,922
BASIC PROJECT COST BY UTILIZING THE PROPORTION OF THE ORIGINAL 10,923
BASIC PROJECT COST ASSIGNED TO THE SCHOOL DISTRICT AS ITS PORTION 10,924
UNDER DIVISION (C) OF THIS SECTION. THE COMMISSION SHALL DEDUCT 10,925
THE EXPENDITURE OF SCHOOL DISTRICT MONEYS MADE UNDER DIVISION 10,926
(D)(1) OF THIS SECTION FROM THE SCHOOL DISTRICT'S PORTION OF THE 10,927
BASIC PROJECT COST AS RECALCULATED UNDER THIS DIVISION. IF THE 10,928
AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE SCHOOL 10,929
DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE BASIC 10,931
PROJECT COST UNDER THIS SECTION IS LESS THAN THE TOTAL AMOUNT OF 10,932
SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE SCHOOL
DISTRICT BOARD BY A MAJORITY VOTE OF ALL OF ITS MEMBERS SHALL, IF 10,933
IT DESIRES TO SEEK STATE ASSISTANCE UNDER SECTIONS 3318.01 TO 10,934
3318.20 OF THE REVISED CODE, ADOPT A RESOLUTION AS SPECIFIED IN 10,936
SECTION 3318.06 OF THE REVISED CODE TO SUBMIT TO THE ELECTORS OF 10,938
THE SCHOOL DISTRICT THE QUESTION OF APPROVAL OF A BOND ISSUE IN 10,939
ORDER TO PAY ANY ADDITIONAL AMOUNT OF SCHOOL DISTRICT PORTION 10,940
REQUIRED FOR STATE ASSISTANCE. THE TAX LEVY APPROVED UNDER 10,941
DIVISION (D)(2) OF THIS SECTION SHALL SATISFY THE REQUIREMENTS TO 10,942
LEVY THE ONE-HALF MILL ADDITIONAL TAX UNDER SECTION 3318.06 OF 10,943
THE REVISED CODE.
IF THE AMOUNT OF SCHOOL DISTRICT RESOURCES APPLIED BY THE 10,945
SCHOOL DISTRICT BOARD TO THE SCHOOL DISTRICT'S PORTION OF THE 10,946
BASIC PROJECT COST UNDER THIS SECTION IS MORE THAN THE TOTAL 10,947
AMOUNT OF SUCH PORTION AS RECALCULATED UNDER THIS DIVISION, THE 10,948
COMMISSION MAY REIMBURSE TO THE SCHOOL DISTRICT THE DIFFERENCE 10,949
BETWEEN THE TWO CALCULATED PORTIONS, BUT AT NO TIME SHALL THE 10,950
COMMISSION EXPEND ANY STATE FUNDS ON A PROJECT IN AN AMOUNT 10,951
GREATER THAN THE STATE'S PORTION OF THE BASIC PROJECT COST AS 10,952
RECALCULATED UNDER THIS DIVISION. 10,953
Sec. 3319.22. (A) The state board of education shall 10,962
adopt rules establishing the standards and requirements for 10,963
245
obtaining temporary, associate, provisional, and professional 10,964
educator licenses of any categories, types, and levels the board 10,965
elects to provide. However, no educator license shall be 10,966
required for teaching children two years old or younger.
(B) Any rules the state board of education adopts, amends, 10,968
or rescinds for educator licenses under this section, division 10,969
(D) of section 3301.07 of the Revised Code, or any other law 10,970
shall be adopted, amended, or rescinded under Chapter 119. of the 10,971
Revised Code except as follows: 10,972
(1) Notwithstanding division (D) of section 119.03 and 10,975
division (A)(1) of section 119.04 of the Revised Code, the 10,976
effective date of any rules, or amendment or rescission of any 10,977
rules, shall not be as prescribed in division (D) of section 10,978
119.03 and division (A)(1) of section 119.04 of the Revised Code. 10,979
Instead, the rules or amendment or rescission of the rules shall 10,980
take effect only after the rules or amendment or rescission of 10,981
the rules are filed with the chairpersons of the committees of 10,982
the house of representatives and of the senate that are primarily 10,983
responsible for consideration of education legislation and only 10,984
after approval by the general assembly through adoption of a 10,985
concurrent resolution by a majority of the members of both the
house of representatives and the senate. The effective date of 10,986
the rules shall be the later of the date on which the concurrent 10,987
resolution is adopted by the second house or the date prescribed 10,988
by section 3319.23 of the Revised Code.
(2) Notwithstanding the authority to adopt, amend, or 10,990
rescind emergency rules in division (F) of section 119.03 of the 10,991
Revised Code, this authority shall not apply to the state board 10,992
of education with regard to rules for educator licenses. 10,993
(C)(1) The rules adopted under this section establishing 10,995
standards requiring additional coursework for the renewal of any 10,996
educator license shall require a school district and a chartered 10,997
nonpublic school to establish local professional development 10,998
committees. In a nonpublic school, the chief administrative 10,999
246
officer shall establish the committees in any manner acceptable
to such officer. The committees established under this division 11,000
shall determine whether coursework that a district or chartered 11,001
nonpublic school teacher proposes to complete meets the 11,002
requirement of the rules. The rules shall establish a procedure 11,003
by which a teacher may appeal the decision of a local 11,004
professional development committee.
(2) In any school district in which there is no exclusive 11,006
representative established under Chapter 4117. of the Revised 11,007
Code, the professional development committees shall be 11,008
established as described in division (C)(2) of this section. 11,009
Not later than the effective date of the rules adopted 11,011
under this section, the board of education of each school 11,012
district shall establish the structure for one or more local 11,013
professional development committees to be operated by such school 11,014
district. The committee structure so established by a district
board shall remain in effect unless within thirty days prior to 11,015
an anniversary of the date upon which the current committee 11,016
structure was established, the board provides notice to all 11,017
affected district employees that the committee structure is to be 11,018
modified. Professional development committees may have a
district-level or building-level scope of operations, and may be 11,019
established with regard to particular grade or age levels for 11,021
which an educator license is designated. 11,022
Each professional development committee shall consist of at 11,024
least three classroom teachers employed by the district, one 11,025
principal employed by the district, and one other employee of the 11,026
district appointed by the district superintendent. For 11,027
committees with a building-level scope, the teacher and principal 11,029
members shall be assigned to that building, and the teacher
members shall be elected by majority vote of the classroom 11,030
teachers assigned to that building. For committees with a 11,031
district-level scope, the teacher members shall be elected by 11,033
majority vote of the classroom teachers of the district, and the 11,034
247
principal member shall be elected by a majority vote of the
principals of the district, unless there are two or fewer 11,035
principals employed by the district, in which case the one or two 11,036
principals employed shall serve on the committee. If a committee 11,037
has a particular grade or age level scope, the teacher members 11,038
shall be licensed to teach such grade or age levels, and shall be 11,039
elected by majority vote of the classroom teachers holding such a
license and the principal shall be elected by all principals 11,040
serving in buildings where any such teachers serve. The district 11,041
superintendent shall appoint a replacement to fill any vacancy 11,042
that occurs on a professional development committee, except in 11,043
the case of vacancies among the elected classroom teacher
members, which shall be filled by vote of the remaining members 11,044
of the committee so selected. 11,045
Terms of office on professional development committees 11,047
shall be prescribed by the district board establishing the 11,048
committees. The conduct of elections for members of professional 11,049
development committees shall be prescribed by the district board 11,050
establishing the committees. A professional development
committee may include additional members, except that the 11,051
majority of members on each such committee shall be classroom 11,052
teachers employed by the district. Any member appointed to fill 11,053
a vacancy occurring prior to the expiration date of the term for 11,054
which a predecessor was appointed shall hold office as a member 11,055
for the remainder of that term.
The initial meeting of any professional development 11,057
committee, upon election and appointment of all committee 11,058
members, shall be called by a member designated by the district 11,059
superintendent. At this initial meeting, the committee shall 11,060
select a chairperson and such other officers the committee deems 11,061
necessary, and shall adopt rules for the conduct of its meetings.
Thereafter, the committee shall meet at the call of the 11,062
chairperson or upon the filing of a petition with the district 11,063
superintendent signed by a majority of the committee members 11,064
248
calling for the committee to meet.
(3) In the case of a school district in which an exclusive 11,066
representative has been established pursuant to Chapter 4117. of 11,067
the Revised Code, professional development committees shall be 11,068
established in accordance with any collective bargaining 11,069
agreement in effect in the district that includes provisions for
such committees. 11,070
If the collective bargaining agreement does not specify a 11,072
different method for the selection of teacher members of the 11,073
committees, the exclusive representative of the district's 11,074
teachers shall select the teacher members.
If the collective bargaining agreement does not specify a 11,076
different structure for the committees, the board of education of 11,077
the school district shall establish the structure, including the 11,078
number of committees and the number of teacher and administrative 11,079
members on each committee; the specific administrative members to 11,080
be part of each committee; whether the scope of the committees 11,081
will be district levels, building level LEVELS, or by type of 11,082
grade or age levels for which educator licenses are designated; 11,083
the lengths of terms for members; the manner of filling vacancies 11,084
on the committees; and the frequency and time and place of 11,085
meetings. However, in all cases, except as provided in division 11,086
(C)(4) of this section, there shall be a majority of teacher 11,087
members of any professional development committee, there shall be 11,088
at least five total members of any professional development
committee, and the exclusive representative shall designate 11,089
replacement members in the case of vacancies among teacher 11,090
members, unless the collective bargaining agreement specifies a 11,091
different method of selecting such replacements. 11,092
(4) Whenever an administrator's coursework plan is being 11,095
discussed or voted upon, the local professional development 11,096
committee shall, at the request of one of its administrative 11,097
members, cause a majority of the committee to consist of 11,098
administrative members by reducing the number of teacher members 11,099
249
voting on the plan. 11,100
(D)(1) THE DEPARTMENT OF EDUCATION, EDUCATIONAL SERVICE 11,102
CENTERS, COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL 11,103
DISABILITIES, REGIONAL PROFESSIONAL DEVELOPMENT CENTERS, SPECIAL 11,104
EDUCATION REGIONAL RESOURCE CENTERS, COLLEGE AND UNIVERSITY 11,105
DEPARTMENTS OF EDUCATION, HEAD START PROGRAMS, THE OHIO SCHOOLNET 11,107
COMMISSION, AND THE OHIO EDUCATION COMPUTER NETWORK MAY ESTABLISH 11,108
LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES TO DETERMINE WHETHER 11,109
THE COURSEWORK PROPOSED BY THEIR EMPLOYEES WHO ARE LICENSED OR 11,111
CERTIFICATED UNDER THIS SECTION OR SECTION 3319.222 OF THE 11,112
REVISED CODE MEET THE REQUIREMENTS OF THE RULES ADOPTED UNDER 11,113
THIS SECTION. THEY MAY ESTABLISH LOCAL PROFESSIONAL DEVELOPMENT 11,114
COMMITTEES ON THEIR OWN OR IN COLLABORATION WITH A SCHOOL 11,115
DISTRICT OR OTHER AGENCY HAVING AUTHORITY TO ESTABLISH THEM. 11,116
LOCAL PROFESSIONAL DEVELOPMENT COMMITTEES ESTABLISHED BY 11,118
COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL 11,119
DISABILITIES SHALL BE STRUCTURED IN A MANNER COMPARABLE TO THE 11,120
STRUCTURES PRESCRIBED FOR SCHOOL DISTRICTS IN DIVISIONS (C)(2) 11,121
AND (3) OF THIS SECTION, AS SHALL THE COMMITTEES ESTABLISHED BY 11,122
ANY OTHER ENTITY SPECIFIED IN DIVISION (D)(1) OF THIS SECTION 11,123
THAT PROVIDES EDUCATIONAL SERVICES BY EMPLOYING OR CONTRACTING 11,124
FOR SERVICES OF CLASSROOM TEACHERS LICENSED OR CERTIFICATED UNDER 11,126
THIS SECTION OR SECTION 3319.222 OF THE REVISED CODE. ALL OTHER 11,127
ENTITIES SPECIFIED IN DIVISION (D)(1) OF THIS SECTION SHALL 11,129
STRUCTURE THEIR COMMITTEES IN ACCORDANCE WITH GUIDELINES WHICH 11,130
SHALL BE ISSUED BY THE STATE BOARD.
(2) ANY PUBLIC AGENCY THAT IS NOT SPECIFIED IN DIVISION 11,132
(D)(1) OF THIS SECTION BUT PROVIDES EDUCATIONAL SERVICES AND 11,133
EMPLOYS OR CONTRACTS FOR SERVICES OF CLASSROOM TEACHERS LICENSED 11,134
OR CERTIFICATED UNDER THIS SECTION OR SECTION 3319.222 OF THE 11,135
REVISED CODE MAY ESTABLISH A LOCAL PROFESSIONAL DEVELOPMENT 11,136
COMMITTEE, SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF 11,137
EDUCATION. THE COMMITTEE SHALL BE STRUCTURED IN ACCORDANCE WITH 11,139
GUIDELINES ISSUED BY THE STATE BOARD.
250
Sec. 3319.235. (A) The standards for the preparation of 11,148
teachers adopted under section 3319.23 of the Revised Code shall 11,149
require any institution that provides a course of study for the 11,150
training of teachers to ensure that graduates of such course of 11,151
study are skilled at integrating educational technology in the 11,152
instruction of children, as evidenced by the graduate having
either demonstrated proficiency in such skills in a manner 11,153
prescribed by the department of education or completed a course 11,154
that includes training in such skills. 11,155
(B) The office of information, learning, and technology 11,158
OHIO SCHOOLNET COMMISSION, established in division (B) of 11,159
PURSUANT TO section 3301.80 of the Revised Code, shall establish 11,161
model professional development programs to assist teachers who
completed their teacher preparation prior to the effective date 11,163
of division (A) of this section to become skilled at integrating 11,164
educational technology in the instruction of children. The 11,165
office COMMISSION shall provide technical assistance to school 11,167
districts wishing to establish such programs.
Sec. 3324.01. AS USED IN THIS SECTION AND SECTIONS 3324.02 11,169
THROUGH 3324.06 OF THE REVISED CODE: 11,170
(A) "APPROVED" MEANS APPROVED BY THE DEPARTMENT OF 11,172
EDUCATION AND INCLUDED ON THE LIST COMPILED BY THE DEPARTMENT 11,173
UNDER SECTION 3324.02 OF THE REVISED CODE. 11,174
(B) "GIFTED" MEANS STUDENTS WHO PERFORM OR SHOW POTENTIAL 11,177
FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN
COMPARED TO OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT AND 11,179
WHO ARE IDENTIFIED UNDER DIVISION (A), (B), (C), OR (D) OF 11,180
SECTION 3324.03 OF THE REVISED CODE. 11,182
(C) "SCHOOL DISTRICT" DOES NOT INCLUDE A JOINT VOCATIONAL 11,184
SCHOOL DISTRICT. 11,185
(D) "SPECIFIC ACADEMIC ABILITY FIELD" MEANS ONE OR MORE OF 11,187
THE FOLLOWING AREAS OF INSTRUCTION: 11,188
(1) MATHEMATICS; 11,190
(2) SCIENCE; 11,192
251
(3) READING, WRITING, OR A COMBINATION OF THESE SKILLS; 11,194
(4) SOCIAL STUDIES. 11,196
Sec. 3324.02. (A) THE DEPARTMENT OF EDUCATION SHALL 11,198
CONSTRUCT LISTS OF EXISTING ASSESSMENT INSTRUMENTS IT APPROVES 11,199
FOR USE BY SCHOOL DISTRICTS, AND MAY INCLUDE ON THE LISTS AND 11,200
MAKE AVAILABLE TO SCHOOL DISTRICTS ADDITIONAL ASSESSMENT
INSTRUMENTS DEVELOPED BY THE DEPARTMENT. WHEREVER POSSIBLE, THE 11,201
DEPARTMENT SHALL APPROVE ASSESSMENT INSTRUMENTS THAT UTILIZE 11,202
NATIONALLY RECOGNIZED STANDARDS FOR SCORING OR ARE NATIONALLY 11,203
NORMED. THE LISTS OF INSTRUMENTS SHALL INCLUDE: 11,204
(1) INITIAL SCREENING INSTRUMENTS FOR USE IN SELECTING 11,206
POTENTIALLY GIFTED STUDENTS FOR FURTHER ASSESSMENT; 11,207
(2) INSTRUMENTS FOR IDENTIFYING GIFTED STUDENTS UNDER 11,210
SECTION 3324.03 OF THE REVISED CODE.
(B) THE DEPARTMENT SHALL ALSO ADOPT RULES FOR THE 11,212
ADMINISTRATION OF ANY TESTS OR ASSESSMENT INSTRUMENTS IT APPROVES 11,213
ON THE LIST REQUIRED BY DIVISION (A) OF THIS SECTION AND FOR 11,214
ESTABLISHING THE SCORES OR PERFORMANCE LEVELS REQUIRED UNDER 11,215
SECTION 3324.03 OF THE REVISED CODE. 11,216
(C) THE DEPARTMENT SHALL ENSURE THAT THE APPROVED LIST OF 11,218
ASSESSMENT INSTRUMENTS UNDER THIS SECTION INCLUDES INSTRUMENTS 11,219
THAT ALLOW FOR APPROPRIATE SCREENING AND IDENTIFICATION OF GIFTED 11,220
MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH DISABILITIES, 11,222
AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE.
(D) DISTRICTS SHALL SELECT SCREENING AND IDENTIFICATION 11,224
INSTRUMENTS FROM THE APPROVED LISTS FOR INCLUSION IN THEIR 11,225
DISTRICT POLICIES. 11,226
(E) THE DEPARTMENT SHALL MAKE INITIAL LISTS OF APPROVED 11,228
ASSESSMENT INSTRUMENTS AND THE RULES FOR THE ADMINISTRATION OF 11,229
THE INSTRUMENTS AVAILABLE BY SEPTEMBER 1, 1999. 11,230
Sec. 3324.03. THE BOARD OF EDUCATION OF EACH SCHOOL 11,232
DISTRICT SHALL IDENTIFY GIFTED STUDENTS IN GRADES KINDERGARTEN 11,233
THROUGH TWELVE AS FOLLOWS: 11,234
(A) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SUPERIOR 11,236
252
COGNITIVE ABILITY" IF THE STUDENT DID EITHER OF THE FOLLOWING 11,237
WITHIN THE PRECEDING TWENTY-FOUR MONTHS: 11,238
(1) SCORED TWO STANDARD DEVIATIONS ABOVE THE MEAN, MINUS 11,240
THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED INDIVIDUAL 11,241
STANDARDIZED INTELLIGENCE TEST ADMINISTERED BY A LICENSED 11,242
PSYCHOLOGIST;
(2) ACCOMPLISHED ANY ONE OF THE FOLLOWING: 11,244
(a) SCORED AT LEAST TWO STANDARD DEVIATIONS ABOVE THE 11,246
MEAN, MINUS THE STANDARD ERROR OF MEASUREMENT, ON AN APPROVED 11,247
STANDARDIZED GROUP INTELLIGENCE TEST; 11,248
(b) PERFORMED AT OR ABOVE THE NINETY-FIFTH PERCENTILE ON 11,250
AN APPROVED INDIVIDUAL OR GROUP STANDARDIZED BASIC OR COMPOSITE 11,251
BATTERY OF A NATIONALLY NORMED ACHIEVEMENT TEST; 11,252
(c) ATTAINED AN APPROVED SCORE ON ONE OR MORE ABOVE-GRADE 11,254
LEVEL STANDARDIZED, NATIONALLY NORMED APPROVED TESTS. 11,255
(B) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "SPECIFIC 11,257
ACADEMIC ABILITY" SUPERIOR TO THAT OF CHILDREN OF SIMILAR AGE IN 11,258
A SPECIFIC ACADEMIC ABILITY FIELD IF WITHIN THE PRECEDING 11,260
TWENTY-FOUR MONTHS THE STUDENT PERFORMS AT OR ABOVE THE
NINETY-FIFTH PERCENTILE AT THE NATIONAL LEVEL ON AN APPROVED 11,262
INDIVIDUAL OR GROUP STANDARDIZED ACHIEVEMENT TEST OF SPECIFIC 11,263
ACADEMIC ABILITY IN THAT FIELD. A STUDENT MAY BE IDENTIFIED AS 11,264
GIFTED IN MORE THAN ONE SPECIFIC ACADEMIC ABILITY FIELD. 11,265
(C) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "CREATIVE 11,267
THINKING ABILITY" SUPERIOR TO CHILDREN OF A SIMILAR AGE, IF 11,268
WITHIN THE PREVIOUS TWENTY-FOUR MONTHS, THE STUDENT SCORED ONE 11,269
STANDARD DEVIATION ABOVE THE MEAN, MINUS THE STANDARD ERROR OF 11,270
MEASUREMENT, ON AN APPROVED INDIVIDUAL OR GROUP INTELLIGENCE TEST 11,271
AND ALSO DID EITHER OF THE FOLLOWING: 11,272
(1) ATTAINED A SUFFICIENT SCORE, AS ESTABLISHED BY THE 11,274
DEPARTMENT OF EDUCATION, ON AN APPROVED INDIVIDUAL OR GROUP TEST 11,275
OF CREATIVE ABILITY; 11,276
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 11,278
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF CREATIVE 11,279
253
BEHAVIORS. 11,280
(D) A STUDENT SHALL BE IDENTIFIED AS EXHIBITING "VISUAL 11,282
OR PERFORMING ARTS ABILITY" SUPERIOR TO THAT OF CHILDREN OF 11,283
SIMILAR AGE IF THE STUDENT HAS DONE BOTH OF THE FOLLOWING: 11,284
(1) DEMONSTRATED THROUGH A DISPLAY OF WORK, AN AUDITION, 11,286
OR OTHER PERFORMANCE OR EXHIBITION, SUPERIOR ABILITY IN A VISUAL 11,287
OR PERFORMING ARTS AREA; 11,288
(2) EXHIBITED SUFFICIENT PERFORMANCE, AS ESTABLISHED BY 11,290
THE DEPARTMENT OF EDUCATION, ON AN APPROVED CHECKLIST OF 11,291
BEHAVIORS RELATED TO A SPECIFIC ARTS AREA. 11,292
Sec. 3324.04. THE BOARD OF EDUCATION OF EACH SCHOOL 11,294
DISTRICT SHALL ADOPT A PLAN BY JANUARY 1, 2000, FOR IDENTIFYING 11,295
GIFTED STUDENTS. THE PLAN SHALL BE SUBMITTED TO THE DEPARTMENT 11,296
OF EDUCATION FOR APPROVAL. THE DEPARTMENT SHALL APPROVE THE PLAN 11,298
WITHIN SIXTY DAYS IF IT CONTAINS ALL OF THE FOLLOWING:
(A) A DESCRIPTION OF THE ASSESSMENT INSTRUMENTS FROM THE 11,300
LIST ADOPTED BY THE DEPARTMENT THAT THE DISTRICT WILL USE TO 11,301
SCREEN AND IDENTIFY GIFTED STUDENTS; 11,302
(B) ACCEPTABLE SCHEDULING PROCEDURES FOR SCREENING AND FOR 11,304
ADMINISTERING ASSESSMENT INSTRUMENTS FOR IDENTIFYING GIFTED 11,305
STUDENTS. THESE PROCEDURES SHALL PROVIDE: 11,307
(1) AT LEAST TWO OPPORTUNITIES A YEAR FOR ASSESSMENT IN 11,309
THE CASE OF STUDENTS REQUESTING ASSESSMENT OR RECOMMENDED FOR 11,310
ASSESSMENT BY TEACHERS, PARENTS, OR OTHER STUDENTS; 11,311
(2) ASSURANCE OF INCLUSION IN SCREENING AND ASSESSMENT 11,313
PROCEDURES FOR MINORITY AND DISADVANTAGED STUDENTS, CHILDREN WITH 11,314
DISABILITIES, AND STUDENTS FOR WHOM ENGLISH IS A SECOND LANGUAGE; 11,315
(3) ASSURANCE THAT ANY STUDENT TRANSFERRING INTO THE 11,317
DISTRICT WILL BE ASSESSED WITHIN NINETY DAYS OF THE TRANSFER AT 11,318
THE REQUEST OF A PARENT. 11,319
(C) PROCEDURES FOR NOTIFICATION OF PARENTS WITHIN THIRTY 11,321
DAYS ABOUT THE RESULTS OF ANY SCREENING PROCEDURE OR ASSESSMENT 11,322
INSTRUMENT AND THE PROVISION OF AN OPPORTUNITY FOR PARENTS TO 11,323
APPEAL ANY DECISION ABOUT THE RESULTS OF ANY SCREENING PROCEDURE 11,324
254
OR ASSESSMENT, THE SCHEDULING OF CHILDREN FOR ASSESSMENT, OR THE 11,325
PLACEMENT OF A STUDENT IN ANY PROGRAM OR FOR RECEIPT OF SERVICES; 11,326
(D) A COMMITMENT THAT THE DISTRICT WILL ACCEPT SCORES ON 11,328
ASSESSMENT INSTRUMENTS PROVIDED BY OTHER SCHOOL DISTRICTS OR 11,329
TRAINED PERSONNEL OUTSIDE THE SCHOOL DISTRICT, PROVIDED THE 11,330
ASSESSMENT INSTRUMENTS ARE ON THE LIST APPROVED BY THE DEPARTMENT 11,331
OF EDUCATION UNDER SECTION 3324.02 OF THE REVISED CODE. 11,332
THE DISTRICT'S PLAN MAY PROVIDE FOR THE DISTRICT TO 11,334
CONTRACT WITH ANY QUALIFIED PUBLIC OR PRIVATE SERVICE PROVIDER TO 11,335
PROVIDE SCREENING OR ASSESSMENT SERVICES UNDER THE PLAN. 11,336
THE DEPARTMENT SHALL ASSIST ANY DISTRICT WHOSE PLAN IT 11,338
DISAPPROVES UNDER THIS SECTION TO AMEND THE PLAN SO THAT IT MEETS 11,339
THE REQUIREMENTS OF THIS SECTION. 11,340
Sec. 3324.05. (A) EACH SCHOOL DISTRICT SHALL SUBMIT AN 11,342
ANNUAL REPORT TO THE DEPARTMENT OF EDUCATION SPECIFYING THE 11,343
NUMBER OF STUDENTS IN EACH OF GRADES KINDERGARTEN THROUGH TWELFTH 11,344
SCREENED, THE NUMBER ASSESSED, AND THE NUMBER IDENTIFIED AS 11,345
GIFTED IN EACH CATEGORY SPECIFIED IN SECTION 3324.03 OF THE 11,346
REVISED CODE.
(B) THE DEPARTMENT OF EDUCATION SHALL AUDIT EACH SCHOOL 11,348
DISTRICT'S IDENTIFICATION NUMBERS AT LEAST ONCE EVERY THREE YEARS 11,349
AND MAY SELECT ANY DISTRICT AT RANDOM OR UPON COMPLAINT OR 11,351
SUSPICION OF NONCOMPLIANCE FOR A FURTHER AUDIT TO DETERMINE
COMPLIANCE WITH SECTIONS 3324.03 TO 3324.06 OF THE REVISED CODE. 11,353
(C) THE DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE TO 11,355
ANY DISTRICT FOUND IN NONCOMPLIANCE UNDER DIVISION (B) OF THIS 11,356
SECTION. THE DEPARTMENT MAY REDUCE FUNDS RECEIVED BY THE 11,357
DISTRICT UNDER CHAPTER 3317. OF THE REVISED CODE BY ANY AMOUNT IF 11,358
THE DISTRICT CONTINUES TO BE NONCOMPLIANT. 11,360
Sec. 3324.06. THE BOARD OF EDUCATION OF EACH SCHOOL 11,362
DISTRICT SHALL ADOPT A STATEMENT OF ITS POLICY FOR THE SCREENING 11,363
AND IDENTIFICATION OF GIFTED STUDENTS AND SHALL DISTRIBUTE THE 11,364
POLICY STATEMENT TO PARENTS. THE POLICY STATEMENT SHALL SPECIFY: 11,365
(A) THE CRITERIA AND METHODS THE DISTRICT USES TO SCREEN 11,367
255
STUDENTS AND TO SELECT STUDENTS FOR FURTHER ASSESSMENT WHO 11,368
PERFORM OR SHOW POTENTIAL FOR PERFORMING AT REMARKABLY HIGH 11,369
LEVELS OF ACCOMPLISHMENT IN ONE OF THE GIFTED AREAS SPECIFIED IN 11,371
SECTION 3324.03 OF THE REVISED CODE;
(B) THE SOURCES OF ASSESSMENT DATA THE DISTRICT USES TO 11,373
SELECT STUDENTS FOR FURTHER TESTING AND AN EXPLANATION FOR 11,374
PARENTS OF THE MULTIPLE ASSESSMENT INSTRUMENTS REQUIRED TO 11,376
IDENTIFY GIFTED STUDENTS UNDER SECTION 3324.03 OF THE REVISED 11,377
CODE;
(C) AN EXPLANATION FOR PARENTS OF THE METHODS THE DISTRICT 11,379
USES TO ENSURE EQUAL ACCESS TO SCREENING AND FURTHER ASSESSMENT 11,380
BY ALL DISTRICT STUDENTS, INCLUDING MINORITY OR DISADVANTAGED 11,382
STUDENTS, CHILDREN WITH DISABILITIES, AND STUDENTS FOR WHOM 11,383
ENGLISH IS A SECOND LANGUAGE;
(D) PROVISIONS TO ENSURE EQUAL OPPORTUNITY FOR ALL 11,385
DISTRICT STUDENTS IDENTIFIED AS GIFTED TO RECEIVE ANY SERVICES 11,386
OFFERED BY THE DISTRICT; 11,387
(E) PROVISIONS FOR STUDENTS TO WITHDRAW FROM GIFTED 11,389
PROGRAMS OR SERVICES, FOR REASSESSMENT OF STUDENTS, AND FOR 11,390
ASSESSMENT OF STUDENTS TRANSFERRING INTO THE DISTRICT; 11,391
(F) METHODS FOR RESOLVING DISAGREEMENTS BETWEEN PARENTS 11,393
AND THE DISTRICT CONCERNING IDENTIFICATION AND PLACEMENT 11,394
DECISIONS.
A COPY OF THE DISTRICT'S POLICY ADOPTED UNDER THIS SECTION 11,396
SHALL ACCOMPANY THE DISTRICT'S PLAN SUBMITTED TO THE DEPARTMENT 11,397
OF EDUCATION UNDER SECTION 3324.04 OF THE REVISED CODE. 11,398
Sec. 3324.07. (A) THE BOARD OF EDUCATION OF EACH SCHOOL 11,400
DISTRICT SHALL DEVELOP A PLAN FOR THE SERVICE OF GIFTED STUDENTS 11,401
ENROLLED IN THE DISTRICT THAT ARE IDENTIFIED UNDER SECTION 11,402
3324.03 OF THE REVISED CODE. SERVICES SPECIFIED IN THE PLAN 11,403
DEVELOPED BY EACH BOARD MAY INCLUDE SUCH OPTIONS AS THE 11,404
FOLLOWING:
(1) A DIFFERENTIATED CURRICULUM; 11,406
(2) CLUSTER GROUPING; 11,408
256
(3) MENTORSHIPS; 11,410
(4) ACCELERATED COURSE WORK; 11,412
(5) THE POST-SECONDARY ENROLLMENT OPTION PROGRAM UNDER 11,414
CHAPTER 3365. OF THE REVISED CODE; 11,415
(6) ADVANCED PLACEMENT; 11,417
(7) HONORS CLASSES; 11,419
(8) MAGNET SCHOOLS; 11,421
(9) SELF-CONTAINED CLASSROOMS; 11,423
(10) INDEPENDENT STUDY; 11,425
(11) OTHER OPTIONS IDENTIFIED IN RULES ADOPTED BY THE 11,427
DEPARTMENT OF EDUCATION. 11,428
(B) EACH BOARD SHALL FILE THE PLAN DEVELOPED UNDER 11,430
DIVISION (A) OF THIS SECTION WITH THE DEPARTMENT OF EDUCATION BY 11,432
DECEMBER 15, 2000. THE DEPARTMENT SHALL REVIEW AND ANALYZE EACH 11,433
PLAN TO DETERMINE IF IT IS ADEQUATE AND TO MAKE FUNDING 11,435
ESTIMATES.
(C) UNLESS OTHERWISE REQUIRED BY LAW, RULE, OR AS A 11,437
CONDITION FOR RECEIPT OF FUNDS, SCHOOL BOARDS MAY IMPLEMENT THE 11,438
PLANS DEVELOPED UNDER DIVISION (A) OF THIS SECTION, BUT SHALL NOT 11,439
BE REQUIRED TO DO SO UNTIL FURTHER ACTION BY THE GENERAL ASSEMBLY 11,440
OR THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 11,442
Sec. 3332.05. (A) The state board of proprietary school 11,451
registration shall issue a certificate of registration to an 11,452
applicant of good reputation seeking to offer one or more 11,453
programs upon receipt of the fee established in accordance with 11,454
section 3332.07 of the Revised Code and upon determining the 11,455
applicant has the facilities, resources, and faculty to provide 11,456
students with the kind of instruction that it proposes to offer 11,457
and meets the minimum standards of the board. A certificate of 11,458
registration shall be granted or denied within one hundred twenty 11,459
days of the receipt of the application therefor by the board. A 11,460
person shall obtain a separate certificate for each location at 11,461
which he THE PERSON offers programs. A THE FIRST certificate of 11,463
registration ISSUED ON OR AFTER THE EFFECTIVE DATE OF THIS 11,464
257
AMENDMENT FOR EACH NEW LOCATION IS VALID FOR ONE YEAR, UNLESS 11,465
EARLIER REVOKED FOR CAUSE BY THE BOARD UNDER SECTION 3332.09 OF 11,466
THE REVISED CODE. ANY OTHER CERTIFICATE OF REGISTRATION is valid 11,467
for two years, unless earlier revoked for cause by the board 11,468
UNDER THAT SECTION. 11,469
(B) The board shall issue program authorization for an 11,471
associate degree, certificate, or diploma program to an applicant 11,472
holding a certificate of registration issued pursuant to division 11,473
(A) of this section upon receipt of the fee established in 11,474
accordance with section 3332.07 of the Revised Code and upon 11,475
determining the applicant has the facilities, resources, and 11,476
faculty to provide students the kind of program it proposes to 11,477
offer and meets the minimum standards of the state board. 11,478
The state board shall promptly furnish the Ohio board of 11,480
regents a copy of all applications for issuance or renewal of 11,481
program authorization to offer any associate degree program. 11,482
Prior to the issuance or renewal of such program authorization 11,483
the state board shall conduct an on-site visit of the school 11,484
proposing the program. A representative of the board of regents 11,485
shall participate in the visit. Within twenty-one days of the 11,486
on-site visit the representative of the board of regents shall 11,487
provide the state board with a written statement recommending 11,488
approval or disapproval of the application. 11,489
Any program authorization issued by the board under this 11,491
division is valid only for the specified program at the location 11,492
for which it is issued and does not cover any other program 11,493
offered at the school or at other schools operated by the owner. 11,494
Program authorization is valid for the period of time specified 11,495
by the board, unless earlier suspended or revoked for cause by 11,496
the board UNDER SECTION 3332.09 OF THE REVISED CODE. 11,497
(C) The state board shall accept and review all 11,499
applications for program authorization for baccalaureate, 11,500
master's, and doctoral degree programs only from schools holding 11,501
certificates of registration issued by the board that have held 11,502
258
such certificates for the ten previous consecutive years. After 11,503
review the board shall refer any application it finds valid to 11,504
the Ohio board of regents for approval. The board of regents 11,505
shall review, and approve or disapprove, such degree programs and 11,506
if so approved, issue certificates of authorization to such 11,507
schools to offer such degree programs pursuant to Chapter 1713. 11,508
of the Revised Code. The board of regents shall notify the state 11,509
board of proprietary school registration of each school 11,510
registered with the state board that receives a certificate of 11,511
authorization and the approval to offer any degree program. Upon 11,512
receipt of such notification and the fee established in 11,513
accordance with section 3332.07 of the Revised Code, the state 11,514
board shall review, and may issue program authorization to offer, 11,515
such a degree program. Any program authorization issued by the 11,516
board under this division is valid only for the specified program 11,517
at the location for which it is issued and does not cover any 11,518
other program offered at the school or at other schools operated 11,519
by the owner. Program authorization is valid for the period of 11,520
time specified by the board, unless earlier suspended or revoked 11,521
for cause by the board UNDER SECTION 3332.09 OF THE REVISED CODE. 11,522
The state board shall not issue such program authorization unless 11,524
the degree program has been approved by the board of regents. 11,525
(D) The board may cause an investigation to be made into 11,527
the correctness of the information submitted in any application 11,528
received under this section. If the board believes that false, 11,529
misleading, or incomplete information has been submitted to it in 11,530
connection with any application, the board shall conduct a 11,531
hearing on the matter pursuant to Chapter 119. of the Revised 11,532
Code, and may withhold a certificate of registration or program 11,533
authorization upon finding that the applicant has failed to meet 11,534
the standards for such certificate or program authorization or 11,535
has submitted false, misleading, or incomplete information to the 11,536
board. Application for a certificate of registration or program 11,537
authorization shall be made in writing to the board on forms 11,538
259
furnished by the board. A certificate of registration or 11,539
program authorization is not transferable and shall be 11,540
prominently displayed on the premises of an institution. 11,541
The board shall assign registration numbers to all schools 11,543
registered with it. Schools shall display their registration 11,544
numbers on all school publications and on all advertisements 11,545
bearing the name of the school. 11,546
Notwithstanding the requirements of this section for 11,548
issuance of certificates of registration and program 11,549
authorization, the board may, in accordance with rules adopted by 11,550
it, grant certificates of registration and program authorization 11,551
to schools, colleges, institutes, or universities that have been 11,552
approved by the state department of education pursuant to the 11,553
"Act of March 3, 1966," 80 Stat. 20, 38 U.S.C.A. 1771. 11,554
Sec. 3332.07. (A) Each application for issuance and 11,563
renewal of a certificate of registration, for the issuance and 11,564
renewal of program authorization, for issuance and renewal of 11,565
agent's permits, and for any other service specified by the state 11,566
board of proprietary school registration shall be accompanied by 11,567
the required fee. Fees submitted under this section are not 11,568
returnable even if approval or renewal is denied. 11,569
(B) Fee schedules for the issuance and renewal of 11,571
certificates of registration, for the issuance and renewal of 11,572
program authorization, for issuance and renewal of agent's 11,573
permits, and for any other service specified by the board shall 11,574
be established by rule adopted by the state board. THE FEE FOR A 11,575
ONE-YEAR CERTIFICATE OF REGISTRATION SHALL BE ONE-HALF THE FEE 11,576
FOR A TWO-YEAR CERTIFICATE. 11,577
(C) If in any fiscal year the amount received in fees 11,579
under this section does not equal or exceed fifty per cent of 11,580
board expenditures for the fiscal year, the board shall increase 11,581
fees for the ensuing fiscal year by an amount estimated to be 11,582
sufficient to produce revenues equal to fifty per cent of 11,583
estimated expenditures for that ensuing fiscal year. 11,584
260
Sec. 3332.084. The student tuition recovery authority may: 11,593
(A) Adopt bylaws for the regulation of its affairs and the 11,595
conduct of its business; 11,596
(B) Maintain a principal office at such place within the 11,598
state as is designated by the authority; 11,599
(C) Distribute moneys from the STUDENT TUITION RECOVERY 11,601
fund to or on behalf of students who are determined eligible by 11,603
the authority;
(D) REDUCE CONTRIBUTIONS TO OR UTILIZE EXCESS MONEY IN THE 11,605
FUND, AS PROVIDED IN DIVISION (C) OF SECTION 3332.085 OF THE 11,606
REVISED CODE.
Sec. 3332.085. (A) Within thirty days after the effective 11,615
date of this section and not NOT later than the thirty-first day 11,616
of August in each year thereafter, each school registered by the 11,617
state board of proprietary school registration shall pay into the 11,618
student tuition recovery fund in the following amounts: 11,619
(1) Schools initially registered or sold on or after the 11,621
effective date of this section JULY 28, 1989, for the first five 11,623
payments $500;
(2) Any other school, according to its prior year's 11,625
tuition receipts: 11,626
Up to $400,000 $ 200 11,628
$400,001 to $700,000 400 11,629
$700,001 to $1,000,000 800 11,630
Over $1,000,000 1,000 11,631
Checks shall be made payable to the student tuition 11,634
recovery fund and sent to the executive director of the state 11,635
board, who shall promptly forward all such receipts to the 11,636
treasurer of state. Failure of a school to make a payment is 11,637
cause for cancellation of its certificate of registration. 11,638
(B) The student tuition recovery authority may impose a 11,640
special assessment on the schools in an amount up to the amount 11,641
of an annual contribution if the draw on the money exceeds the 11,642
money on hand. 11,643
261
(C) Once the fund has assets in excess of liabilities of 11,645
approximately one million dollars, the authority may reduce: 11,646
(1) REDUCE or eliminate the annual contributions, except 11,649
on institutions that are required to contribute to the fund for 11,650
at least a five-year period. The reduction in contributions to 11,651
the fund will be at the discretion of the authority but they will 11,652
be guided by the objective to maintain assets in excess of 11,653
liabilities of approximately one million dollars. 11,654
(2) UTILIZE MONEYS IN EXCESS OF THE ASSETS REQUIRED TO BE 11,656
MAINTAINED IN THE FUND BY DIVISION (C)(1) OF THIS SECTION FOR THE 11,657
PURPOSES OF DISSEMINATING CONSUMER INFORMATION ABOUT PROPRIETARY 11,658
SCHOOLS AND MAINTAINING STUDENT RECORDS FROM CLOSED SCHOOLS. 11,659
Sec. 3333.04. The Ohio board of regents shall: 11,668
(A) Make studies of state policy in the field of higher 11,670
education and formulate a master plan for higher education for 11,671
the state, considering the needs of the people, the needs of the 11,672
state, and the role of individual public and private institutions 11,673
within the state in fulfilling these needs; 11,674
(B)(1) Report annually to the governor and the general 11,676
assembly on the findings from its studies and the master plan for 11,677
higher education for the state; 11,678
(2) Report at least semiannually to the general assembly 11,680
and the governor the enrollment numbers at each state-assisted 11,681
institution of higher education. 11,682
(C) Approve or disapprove the establishment of new 11,684
branches or academic centers of state colleges and universities; 11,685
(D) Approve or disapprove the establishment of state 11,687
technical colleges or any other state institution of higher 11,688
education; 11,689
(E) Recommend the nature of the programs, undergraduate, 11,691
graduate, professional, state-financed research, and public 11,692
services which should be offered by the state colleges, 11,693
universities, and other state-assisted institutions of higher 11,694
education in order to utilize to the best advantage their 11,695
262
facilities and personnel; 11,696
(F) Recommend to the state colleges, universities, and 11,698
other state-assisted institutions of higher education graduate or 11,699
professional programs, including, but not limited to, doctor of 11,700
philosophy, doctor of education, and juris doctor programs, that 11,701
could be eliminated because they constitute unnecessary 11,702
duplication, as shall be determined using the process developed 11,703
pursuant to this section, or for other good and sufficient cause. 11,704
For purposes of determining the amounts of any state 11,705
instructional subsidies paid to these colleges, universities, and 11,706
institutions, the board may exclude students enrolled in any 11,707
program that the board has recommended for elimination pursuant 11,708
to this division except that the board shall not exclude any such 11,709
student who enrolled in the program prior to the date on which 11,710
the board initially commences to exclude students under this 11,711
division. The board of regents and these colleges, universities, 11,712
and institutions shall jointly develop a process for determining 11,713
which existing graduate or professional programs constitute 11,714
unnecessary duplication. 11,715
(G) Recommend to the state colleges, universities, and 11,717
other state-assisted institutions of higher education programs 11,718
which should be added to their present programs; 11,719
(H) Conduct studies for the state colleges, universities, 11,721
and other state-assisted institutions of higher education to 11,722
assist them in making the best and most efficient use of their 11,723
existing facilities and personnel; 11,724
(I) Make recommendations to the governor and general 11,726
assembly concerning the development of state-financed capital 11,727
plans for higher education; the establishment of new state 11,728
colleges, universities, and other state-assisted institutions of 11,729
higher education; and the establishment of new programs at the 11,730
existing state colleges, universities, and other institutions of 11,731
higher education; 11,732
(J) Review the appropriation requests of the public 11,734
263
community colleges and the state colleges and universities and 11,735
submit to the office of budget and management and to the 11,736
chairpersons of the finance committees of the house of 11,737
representatives and of the senate its recommendations in regard 11,738
to the biennial higher education appropriation for the state, 11,739
including appropriations for the individual state colleges and 11,740
universities and public community colleges. For the purpose of 11,741
determining the amounts of instructional subsidies to be paid to 11,742
state-assisted colleges and universities, the board shall define 11,743
"full-time equivalent student" by program per academic year. The 11,744
definition may take into account the establishment of minimum 11,745
enrollment levels in technical education programs below which 11,746
support allowances will not be paid. Except as otherwise 11,747
provided in this section, the board shall make no change in the 11,748
definition of "full-time equivalent student" in effect on 11,749
November 15, 1981, which would increase or decrease the number of 11,750
subsidy-eligible full-time equivalent students, without first 11,751
submitting a fiscal impact statement to the president of the 11,752
senate, the speaker of the house of representatives, the 11,753
legislative budget office of the legislative service commission, 11,754
and the director of budget and management. The board shall work 11,755
in close cooperation with the director of budget and management 11,756
in this respect and in all other matters concerning the 11,757
expenditures of appropriated funds by state colleges, 11,758
universities, and other institutions of higher education. 11,759
(K) Seek the cooperation and advice of the officers and 11,761
trustees of both public and private colleges, universities, and 11,762
other institutions of higher education in the state in performing 11,763
its duties and making its plans, studies, and recommendations; 11,764
(L) Appoint advisory committees consisting of persons 11,766
associated with public or private secondary schools, members of 11,767
the state board of education, or personnel of the state 11,768
department of education; 11,769
(M) Appoint advisory committees consisting of college and 11,771
264
university personnel, or other persons knowledgeable in the field 11,772
of higher education, or both, in order to obtain their advice and 11,773
assistance in defining and suggesting solutions for the problems 11,774
and needs of higher education in this state; 11,775
(N) Approve or disapprove all new degrees and new degree 11,777
programs at all state colleges, universities, and other 11,778
state-assisted institutions of higher education; 11,779
(O) Adopt such rules as are necessary to carry out its 11,781
duties and responsibilities; 11,782
(P) Establish and submit to the governor and the general 11,784
assembly a clear and measurable set of goals and timetables for 11,785
their achievement for each program under the supervision of the 11,786
board that is designed to accomplish any of the following: 11,787
(1) Increased access to higher education; 11,789
(2) Job training; 11,791
(3) Adult literacy; 11,793
(4) Research; 11,795
(5) Excellence in higher education; 11,797
(6) Reduction in the number of graduate programs within 11,799
the same subject area. 11,800
In July of each odd-numbered year, the board of regents 11,802
shall submit to the governor and the general assembly a report on 11,803
progress made toward these goals. 11,804
(Q) Make recommendations to the governor and the general 11,806
assembly regarding the design and funding of the student 11,807
financial aid programs specified in sections 3333.12, 3333.21 to 11,808
3333.27, and 5910.02 of the Revised Code; 11,809
(R) Participate in education-related state or federal 11,811
programs on behalf of the state and assume responsibility for the 11,812
administration of such programs in accordance with applicable 11,813
state or federal law; 11,814
(S) Adopt rules for student financial aid programs as 11,817
required by sections 3333.12, 3333.21 to 3333.27, 3333.28, 11,818
3333.29, and 5910.02 of the Revised Code, and perform any other 11,819
265
administrative functions assigned to the board by those sections; 11,821
(T) Administer contracts under sections 3702.74 and 11,824
3702.75 of the Revised Code in accordance with rules adopted by 11,826
the director of health under section 3702.79 of the Revised Code; 11,827
(U) CONDUCT ENROLLMENT AUDITS OF STATE-SUPPORTED 11,829
INSTITUTIONS OF HIGHER EDUCATION; 11,830
(V) APPOINT CONSORTIUMS OF COLLEGE AND UNIVERSITY 11,832
PERSONNEL TO PARTICIPATE IN THE DEVELOPMENT AND OPERATION OF 11,833
STATEWIDE COLLABORATIVE EFFORTS, INCLUDING THE OHIO SUPERCOMPUTER 11,834
CENTER, THE OHIO ACADEMIC RESOURCES NETWORK, OHIOLINK, AND THE 11,836
OHIO LEARNING NETWORK. FOR EACH CONSORTIUM, THE BOARD SHALL 11,837
DESIGNATE A COLLEGE OR UNIVERSITY TO SERVE AS THAT CONSORTIUM'S 11,838
FISCAL AGENT, FINANCIAL OFFICER, AND EMPLOYER. ANY FUNDS 11,839
APPROPRIATED TO THE BOARD FOR CONSORTIUMS SHALL BE DISTRIBUTED TO 11,840
THE FISCAL AGENTS FOR THE OPERATION OF THE CONSORTIUMS. A 11,841
CONSORTIUM SHALL FOLLOW THE RULES OF THE COLLEGE OR UNIVERSITY 11,842
THAT SERVES AS ITS FISCAL AGENT. 11,843
Sec. 3333.12. (A) As used in this section: 11,852
(1) "Eligible student" means an undergraduate student who 11,854
is: 11,855
(a) An Ohio resident; 11,857
(b) Enrolled in either of the following: 11,859
(i) An accredited institution of higher education in this 11,861
state that meets the requirements of Title VI of the Civil Rights 11,862
Act of 1964 and is state-assisted, is nonprofit and has a 11,863
certificate of authorization from the Ohio board of regents 11,864
pursuant to Chapter 1713. of the Revised Code, or has a 11,865
certificate of registration from the state board of proprietary 11,866
school registration and program authorization to award an 11,867
associate or bachelor's degree. Students who attend an 11,868
institution that holds a certificate of registration shall be 11,869
enrolled in a program leading to an associate or bachelor's 11,870
degree for which associate or bachelor's degree program the 11,871
institution has program authorization issued under section 11,872
266
3332.05 of the Revised Code. 11,873
(ii) A technical education program of at least two years 11,875
duration sponsored by a private institution of higher education 11,876
in this state that meets the requirements of Title VI of the 11,877
Civil Rights Act of 1964. 11,878
(c) Enrolled as a full-time student or enrolled as a less 11,880
than full-time student for the term expected to be the student's 11,882
final term of enrollment and is enrolled for the number of credit 11,883
hours necessary to complete the requirements of the program in 11,884
which the student is enrolled. 11,885
(2) "Gross income" includes all taxable and nontaxable 11,887
income of the parents, the student, and the student's spouse, 11,888
except income derived from an Ohio academic scholarship and, 11,889
income earned by the student between the last day of the spring 11,890
term and the first day of the fall term, as published by the 11,891
institution in which the student is enrolled. In the case of 11,892
self-employed persons, business expenses as defined by the Ohio 11,893
board of regents shall be subtracted from taxable and nontaxable 11,895
income. Where no gross income or inadequate gross income as 11,896
determined by the board is reported, the board shall establish a 11,897
formula for determining the means by which the family maintained 11,898
itself and translate the data into gross income for Ohio 11,899
instructional grant purposes. Family income may be verified by 11,900
supplying to the board a copy of the federal government tax 11,901
return, by authorizing access to the family federal government 11,902
income tax return, AND OTHER INCOME EXCLUSIONS DESIGNATED BY THE 11,903
BOARD. GROSS INCOME MAY BE VERIFIED TO THE BOARD BY THE 11,904
INSTITUTION IN WHICH THE STUDENT IS ENROLLED USING THE FEDERAL 11,905
FINANCIAL AID ELIGIBILITY VERIFICATION PROCESS or by other means 11,907
satisfactory to the board.
(3) "Resident," "full-time student," "dependent," 11,909
"financially independent," and "accredited" shall be defined by 11,910
rules adopted by the board. 11,911
(4) "Federal law" means the "Higher Education Amendments 11,913
267
of 1986," 101 Stat. 1278, 1408, 20 U.S.C.A. 1085, as amended. 11,914
(5) "Default rate" means the cohort default rate 11,916
determined by the United States secretary of education pursuant 11,917
to federal law. 11,918
(6) "School year" means the twelve months that begin on 11,920
the first day of August of a calendar year and end on the 11,921
thirty-first day of July of the following calendar year. 11,922
(B) The Ohio board of regents shall establish and 11,924
administer an instructional grant program and may adopt rules to 11,925
carry out this section. The general assembly shall support the 11,926
instructional grant program by such sums and in such manner as it 11,927
may provide, but the board may also receive funds from other 11,928
sources to support the program. If the amounts available for 11,929
support of the program are inadequate to provide grants to all 11,930
eligible students, preference in the payment of grants shall be 11,931
given in terms of income, beginning with the lowest income 11,932
category of gross income and proceeding upward by category to the 11,933
highest gross income category. 11,934
An instructional grant shall be paid to an eligible student 11,936
through the institution in which the student is enrolled, except 11,938
that no instructional grant shall be paid to any person serving a 11,939
term of imprisonment. Applications for such grants shall be made 11,941
as prescribed by the board, and such applications may be made in 11,942
conjunction with and upon the basis of information provided in 11,943
conjunction with student assistance programs funded by agencies 11,944
of the United States government or from financial resources of 11,945
the institution of higher education. The institution shall 11,946
certify that the student applicant meets the requirements set 11,947
forth in divisions (A)(1)(b) and (c) of this section. 11,948
Instructional grants shall be provided to an eligible student 11,949
only as long as the student is making appropriate progress toward 11,950
a nursing diploma or an associate or bachelor's degree. The 11,951
grant shall cover any two semesters, three quarters, or the 11,952
equivalent of one academic year. No student shall be eligible to 11,953
268
receive a grant for more than ten semesters, fifteen quarters, or 11,954
the equivalent of five academic years. A grant made to an 11,955
eligible student on the basis of less than full-time enrollment 11,956
shall be based on the number of credit hours for which the 11,957
student is enrolled and shall be computed in accordance with a 11,958
formula adopted by the board. No student shall receive more than 11,959
one grant on the basis of less than full-time enrollment. 11,960
An instructional grant shall not exceed the total 11,962
instructional and general charges of the institution. 11,963
(C) For THE TABLES IN THIS DIVISION PRESCRIBE THE MAXIMUM 11,966
GRANT AMOUNTS COVERING TWO SEMESTERS, THREE QUARTERS, OR A 11,967
COMPARABLE PORTION OF ONE ACADEMIC YEAR. GRANT AMOUNTS FOR 11,968
ADDITIONAL TERMS IN THE SAME ACADEMIC YEAR SHALL BE DETERMINED 11,969
UNDER DIVISION (D) OF THIS SECTION. 11,970
FOR a full-time student who is a dependent and enrolled in 11,974
a nonprofit educational institution that is not a state-assisted 11,975
institution and that has a certificate of authorization issued 11,976
pursuant to Chapter 1713. of the Revised Code, the amount of the 11,977
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 11,978
COMPARABLE PORTION OF the academic year shall be determined in 11,980
accordance with the following table:
Table of Grants 11,982
Maximum Grant $4,428 4,872 11,984
Gross Income Number of Dependents 11,985
1 2 3 4 5 or 11,992
more
Under $11,001 $4,428 $4,428 $4,428 $4,428 $4,428 11,996
$11,001 - $12,000 3,984 4,428 4,428 4,428 4,428 12,001
$12,001 - $13,000 3,534 3,984 4,428 4,428 4,428 12,006
$13,001 - $14,000 3,096 3,534 3,984 4,428 4,428 12,011
$14,001 - $15,000 2,658 3,096 3,534 3,984 4,428 12,016
$15,001 - $16,000 2,220 2,658 3,096 3,534 3,984 12,021
$16,001 - $17,000 1,770 2,220 2,658 3,096 3,534 12,027
$17,001 - $20,000 1,320 1,770 2,220 2,658 3,096 12,033
269
$20,001 - $23,000 1,092 1,320 1,770 2,220 2,658 12,039
$23,001 - $26,000 882 1,092 1,320 1,770 2,220 12,044
$26,001 - $29,000 804 882 1,092 1,320 1,770 12,049
$29,001 - $31,000 720 804 882 1,092 1,320 12,054
Over $31,000 -0- -0- -0- -0- -0- 12,055
UNDER $13,001 $4,872 $4,872 $4,872 $4,872 $4,872 12,063
$13,001 - $14,000 4,386 4,872 4,872 4,872 4,872 12,069
$14,001 - $15,000 3,888 4,386 4,872 4,872 4,872 12,075
$15,001 - $16,000 3,408 3,888 4,386 4,872 4,872 12,081
$16,001 - $17,000 2,928 3,408 3,888 4,386 4,872 12,087
$17,001 - $20,000 2,442 2,928 3,408 3,888 4,386 12,093
$20,001 - $23,000 1,944 2,442 2,928 3,408 3,888 12,099
$23,001 - $26,000 1,452 1,944 2,442 2,928 3,408 12,105
$26,001 - $29,000 1,200 1,452 1,944 2,442 2,928 12,111
$29,001 - $30,000 966 1,200 1,452 1,944 2,442 12,117
$30,001 - $31,000 882 966 1,200 1,452 1,944 12,123
$31,001 - $32,000 792 882 966 1,200 1,452 12,129
$32,001 - $33,000 396 792 882 966 1,200 12,135
$33,001 - $34,000 -0- 396 792 882 966 12,141
$34,001 - $35,000 -0- -0- 396 792 882 12,147
$35,001 - $36,000 -0- -0- -0- 396 792 12,153
$36,001 - $37,000 -0- -0- -0- -0- 396 12,159
OVER $37,000 -0- -0- -0- -0- -0- 12,165
For a full-time student who is financially independent and 12,168
enrolled in a nonprofit educational institution that is not a 12,169
state-assisted institution and that has a certificate of 12,170
authorization issued pursuant to Chapter 1713. of the Revised 12,171
Code, the amount of the instructional grant for TWO SEMESTERS, 12,173
THREE QUARTERS, OR A COMPARABLE PORTION OF the academic year 12,174
shall be determined in accordance with the following table: 12,175
Table of Grants 12,177
Maximum Grant $4,428 4,872 12,178
Gross Income Number of Dependents 12,179
270
0 1 2 3 4 5 or 12,186
more
Under $3,601 $4,428 $4,428 $4,428 $4,428 $4,428 $4,428 12,191
$3,601 - $4,200 3,984 4,428 4,428 4,428 4,428 4,428 12,197
$4,201 - $4,700 3,534 3,984 4,428 4,428 4,428 4,428 12,203
$4,701 - $5,200 3,096 3,534 3,984 4,428 4,428 4,428 12,209
$5,201 - $5,700 2,658 3,096 3,534 3,984 4,428 4,428 12,215
$5,701 - $6,200 $ 2,220 2,658 3,096 3,534 3,984 4,428 12,221
$6,201 - $7,200 1,770 2,220 2,658 3,096 3,534 3,984 12,227
$7,201 - $8,200 1,320 1,770 2,220 2,658 3,096 3,534 12,233
$8,201 - $9,200 1,092 1,320 1,770 2,220 2,658 3,096 12,239
$9,201 - $10,700 882 1,092 1,320 1,770 2,220 2,658 12,245
$10,701 - $12,200 804 882 1,092 1,320 1,770 2,220 12,251
$12,201 - $13,700 720 804 882 1,092 1,320 1,770 12,257
$13,701 - $15,200 -0- 720 804 882 1,092 1,320 12,262
$15,201 - $18,200 -0- -0- 720 804 882 1,092 12,267
$18,201 - $21,200 -0- -0- -0- 720 804 882 12,272
$21,201 - $24,200 -0- -0- -0- -0- 720 804 12,276
$24,201 - $28,900 -0- -0- -0- -0- -0- 720 12,280
Over $28,900 -0- -0- -0- -0- -0- -0- 12,282
UNDER $4,201 $4,872 $4,872 $4,872 $4,872 $4,872 $4,872 12,291
$4,201 - $4,800 4,386 4,872 4,872 4,872 4,872 4,872 12,298
$4,801 - $5,300 3,888 4,386 4,872 4,872 4,872 4,872 12,305
$5,301 - $5,800 3,408 3,888 4,386 4,872 4,872 4,872 12,312
$5,801 - $6,300 2,928 3,408 3,888 4,386 4,872 4,872 12,319
$6,301 - $6,800 2,442 2,928 3,408 3,888 4,386 4,872 12,326
$6,801 - $7,800 1,944 2,442 2,928 3,408 3,888 4,386 12,333
$7,801 - $8,800 1,452 1,944 2,442 2,928 3,408 3,888 12,340
$8,801 - $9,800 1,200 1,452 1,944 2,442 2,928 3,408 12,347
$9,801 - $11,300 966 1,200 1,452 1,944 2,442 2,928 12,354
$11,301 - $12,800 882 966 1,200 1,452 1,944 2,442 12,361
$12,801 - $14,300 792 882 966 1,200 1,452 1,944 12,368
$14,301 - $15,800 396 792 882 966 1,200 1,452 12,375
$15,801 - $18,800 -0- 396 792 882 966 1,200 12,382
271
$18,801 - $21,800 -0- -0- 396 792 882 966 12,389
$21,801 - $24,800 -0- -0- -0- 396 792 882 12,396
$24,801 - $29,500 -0- -0- -0- -0- 396 792 12,403
$29,501 - $34,500 -0- -0- -0- -0- -0- 396 12,410
OVER $34,500 -0- -0- -0- -0- -0- -0- 12,417
For a full-time student who is a dependent and enrolled in 12,420
an educational institution that holds a certificate of 12,421
registration from the state board of proprietary school 12,422
registration, the amount of the instructional grant for TWO 12,424
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 12,425
academic year shall be determined in accordance with the
following table: 12,426
Table of Grants 12,428
Maximum Grant $3,750 4,128 12,430
Gross Income Number of Dependents 12,431
1 2 3 4 5 or 12,439
more
Under $11,001 $3,750 $3,750 $3,750 $3,750 $3,750 12,446
$11,001 - $12,000 3,384 3,750 3,750 3,750 3,750 12,451
$12,001 - $13,000 2,988 3,384 3,750 3,750 3,750 12,456
$13,001 - $14,000 2,616 2,988 3,384 3,750 3,750 12,461
$14,001 - $15,000 2,268 2,616 2,988 3,384 3,750 12,466
$15,001 - $16,000 1,860 2,268 2,616 2,988 3,384 12,471
$16,001 - $17,000 1,506 1,860 2,268 2,616 2,988 12,476
$17,001 - $20,000 1,152 1,506 1,860 2,268 2,616 12,481
$20,001 - $23,000 924 1,152 1,506 1,860 2,268 12,486
$23,001 - $26,000 738 924 1,152 1,506 1,860 12,491
$26,001 - $29,000 696 738 924 1,152 1,506 12,496
$29,001 - $31,000 612 696 738 924 1,152 12,501
Over $31,000 -0- -0- -0- -0- -0- 12,502
UNDER $13,001 $4,128 $4,128 $4,128 $4,128 $4,128 12,510
$13,001 - $14,000 3,726 4,128 4,128 4,128 4,128 12,516
$14,001 - $15,000 3,288 3,726 4,128 4,128 4,128 12,522
$15,001 - $16,000 2,874 3,288 3,726 4,128 4,128 12,528
272
$16,001 - $17,000 2,490 2,874 3,288 3,726 4,128 12,534
$17,001 - $20,000 2,046 2,490 2,874 3,288 3,726 12,540
$20,001 - $23,000 1,656 2,046 2,490 2,874 3,288 12,546
$23,001 - $26,000 1,266 1,656 2,046 2,490 2,874 12,552
$26,001 - $29,000 1,014 1,266 1,656 2,046 2,490 12,558
$29,001 - $30,000 810 1,014 1,266 1,656 2,046 12,564
$30,001 - $31,000 762 810 1,014 1,266 1,656 12,570
$31,001 - $32,000 672 762 810 1,014 1,266 12,576
$32,001 - $33,000 336 672 762 810 1,014 12,582
$33,001 - $34,000 -0- 336 672 762 810 12,588
$34,001 - $35,000 -0- -0- 336 672 762 12,594
$35,001 - $36,000 -0- -0- -0- 336 672 12,600
$36,001 - $37,000 -0- -0- -0- -0- 336 12,606
OVER $37,000 -0- -0- -0- -0- -0- 12,612
For a full-time student who is financially independent and 12,615
enrolled in an educational institution that holds a certificate 12,616
of registration from the state board of proprietary school 12,617
registration, the amount of the instructional grant for TWO 12,619
SEMESTERS, THREE QUARTERS, OR A COMPARABLE PORTION OF the 12,620
academic year shall be determined in accordance with the
following table: 12,621
Table of Grants 12,623
Maximum Grant $3,750 4,128 12,624
Gross Income Number of Dependents 12,625
0 1 2 3 4 5 or 12,633
more
Under $3,601 $3,750 $3,750 $3,750 $3,750 $3,750 $3,750 12,640
$3,601 - $4,200 3,384 3,750 3,750 3,750 3,750 3,750 12,645
$4,201 - $4,700 2,988 3,384 3,750 3,750 3,750 3,750 12,651
$4,701 - $5,200 2,616 2,988 3,384 3,750 3,750 3,750 12,655
$5,201 - $5,700 2,268 2,616 2,988 3,384 3,750 3,750 12,660
$5,701 - $6,200 1,860 2,268 2,616 2,988 3,384 3,750 12,665
$6,201 - $7,200 1,506 1,860 2,268 2,616 2,988 3,384 12,670
$7,201 - $8,200 1,152 1,506 1,860 2,268 2,616 2,988 12,676
273
$8,201 - $9,200 924 1,152 1,506 1,860 2,268 2,616 12,680
$9,201 - $10,700 738 924 1,152 1,506 1,860 2,268 12,685
$10,701 - $12,200 696 738 924 1,152 1,506 1,860 12,690
$12,201 - $13,700 612 696 738 924 1,152 1,506 12,695
$13,701 - $15,200 -0- 612 696 738 924 1,152 12,700
$15,201 - $18,200 -0- -0- 612 696 738 924 12,705
$18,201 - $21,200 -0- -0- -0- 612 696 738 12,710
$21,201 - $24,200 -0- -0- -0- -0- 612 696 12,714
$24,201 - $28,900 -0- -0- -0- -0- -0- 612 12,718
Over $28,900 -0- -0- -0- -0- -0- -0- 12,719
UNDER $4,201 $4,128 $4,128 $4,128 $4,128 $4,128 $4,128 12,728
$4,201 - $4,800 3,726 4,128 4,128 4,128 4,128 4,128 12,735
$4,801 - $5,300 3,288 3,726 4,128 4,128 4,128 4,128 12,742
$5,301 - $5,800 2,874 3,288 3,726 4,128 4,128 4,128 12,749
$5,801 - $6,300 2,490 2,874 3,288 3,726 4,128 4,128 12,756
$6,301 - $6,800 2,046 2,490 2,874 3,288 3,726 4,128 12,763
$6,801 - $7,800 1,656 2,046 2,490 2,874 3,288 3,726 12,770
$7,801 - $8,800 1,266 1,656 2,046 2,490 2,874 3,288 12,777
$8,801 - $9,800 1,014 1,266 1,656 2,046 2,490 2,874 12,784
$9,801 - $11,300 810 1,014 1,266 1,656 2,046 2,490 12,791
$11,301 - $12,800 762 810 1,014 1,266 1,656 2,046 12,798
$12,801 - $14,300 672 762 810 1,014 1,266 1,656 12,805
$14,301 - $15,800 336 672 762 810 1,014 1,266 12,812
$15,801 - $18,800 -0- 336 672 762 810 1,014 12,819
$18,801 - $21,800 -0- -0- 336 672 762 810 12,826
$21,801 - $24,800 -0- -0- -0- 336 672 762 12,833
$24,801 - $29,500 -0- -0- -0- -0- 336 672 12,840
$29,501 - $34,500 -0- -0- -0- -0- -0- 336 12,847
OVER $34,500 -0- -0- -0- -0- -0- -0- 12,854
For a full-time student who is a dependent and enrolled in 12,857
a state-assisted educational institution, the amount of the 12,858
instructional grant for TWO SEMESTERS, THREE QUARTERS, OR A 12,860
COMPARABLE PORTION OF the academic year shall be determined in 12,861
accordance with the following table: 12,862
274
Table of Grants 12,864
Maximum Grant $1,782 1,956 12,865
Gross Income Number of Dependents 12,866
1 2 3 4 5 or 12,870
more
Under $11,001 $1,782 $1,782 $1,782 $1,782 $1,782 12,874
$11,001 - $12,000 1,602 1,782 1,782 1,782 1,782 12,879
$12,001 - $13,000 1,416 1,602 1,782 1,782 1,782 12,884
$13,001 - $14,000 1,254 1,416 1,602 1,782 1,782 12,889
$14,001 - $15,000 1,074 1,254 1,416 1,602 1,782 12,894
$15,001 - $16,000 882 1,074 1,254 1,416 1,602 12,899
$16,001 - $17,000 708 882 1,074 1,254 1,416 12,904
$17,001 - $20,000 534 708 882 1,074 1,254 12,909
$20,001 - $23,000 432 534 708 882 1,074 12,914
$23,001 - $26,000 348 432 534 708 882 12,919
$26,001 - $29,000 324 348 432 534 708 12,924
$29,001 - $31,000 294 324 348 432 534 12,929
Over $31,000 -0- -0- -0- -0- -0- 12,931
UNDER $13,001 $1,956 $1,956 $1,956 $1,956 $1,956 12,939
$13,001 - $14,000 1,764 1,956 1,956 1,956 1,956 12,945
$14,001 - $15,000 1,554 1,764 1,956 1,956 1,956 12,951
$15,001 - $16,000 1,380 1,554 1,764 1,956 1,956 12,957
$16,001 - $17,000 1,182 1,380 1,554 1,764 1,956 12,963
$17,001 - $20,000 966 1,182 1,380 1,554 1,764 12,969
$20,001 - $23,000 774 966 1,182 1,380 1,554 12,975
$23,001 - $26,000 582 774 966 1,182 1,380 12,981
$26,001 - $29,000 468 582 774 966 1,182 12,987
$29,001 - $30,000 378 468 582 774 966 12,993
$30,001 - $31,000 348 378 468 582 774 12,999
$31,001 - $32,000 318 348 378 468 582 13,005
$32,001 - $33,000 162 318 348 378 468 13,011
$33,001 - $34,000 -0- 162 318 348 378 13,017
$34,001 - $35,000 -0- -0- 162 318 348 13,023
$35,001 - $36,000 -0- -0- -0- 162 318 13,029
275
$36,001 - $37,000 -0- -0- -0- -0- 162 13,035
OVER $37,000 -0- -0- -0- -0- -0- 13,041
For a full-time student who is financially independent and 13,044
enrolled in a state-assisted educational institution, the amount 13,045
of the instructional grant for TWO SEMESTERS, THREE QUARTERS, OR 13,047
A COMPARABLE PORTION OF the academic year shall be determined in 13,049
accordance with the following table:
Table of Grants 13,051
Maximum Grant $1,782 1,956 13,052
Gross Income Number of Dependents 13,053
0 1 2 3 4 5 or 13,061
more
Under $3,601 $1,782 $1,782 $1,782 $1,782 $1,782 $1,782 13,069
$3,601 - $4,200 1,602 1,782 1,782 1,782 1,782 1,782 13,075
$4,201 - $4,700 1,416 1,602 1,782 1,782 1,782 1,782 13,081
$4,701 - $5,200 1,254 1,416 1,602 1,782 1,782 1,782 13,087
$5,201 - $5,700 1,074 1,254 1,416 1,602 1,782 1,782 13,093
$5,701 - $6,200 882 1,074 1,254 1,416 1,602 1,782 13,099
$6,201 - $7,200 708 882 1,074 1,254 1,416 1,602 13,105
$7,201 - $8,200 534 708 882 1,074 1,254 1,416 13,111
$8,201 - $9,200 432 534 708 882 1,074 1,254 13,117
$9,201 - $10,700 348 432 534 708 882 1,074 13,123
$10,701 - $12,200 324 348 432 534 708 882 13,129
$12,201 - $13,700 294 324 348 432 534 708 13,135
$13,701 - $15,200 -0- 294 324 348 432 534 13,141
$15,201 - $18,200 -0- -0- 294 324 348 432 13,147
$18,201 - $21,200 -0- -0- -0- 294 324 348 13,153
$21,201 - $24,200 -0- -0- -0- -0- 294 324 13,159
$24,201 - $28,900 -0- -0- -0- -0- -0- 294 13,165
Over $28,900 -0- -0- -0- -0- -0- -0- 13,168
UNDER $4,201 $1,956 $1,956 $1,956 $1,956 $1,956 $1,956 13,177
4,201 - $4,800 1,764 1,956 1,956 1,956 1,956 1,956 13,184
$4,801 - $5,300 1,554 1,764 1,956 1,956 1,956 1,956 13,191
$5,301 - $5,800 1,380 1,554 1,764 1,956 1,956 1,956 13,198
276
$5,801 - $6,300 1,182 1,380 1,554 1,764 1,956 1,956 13,205
$6,301 - $6,800 966 1,182 1,380 1,554 1,764 1,956 13,212
$6,801 - $7,800 774 966 1,182 1,380 1,554 1,764 13,219
$7,801 - $8,800 582 774 966 1,182 1,380 1,554 13,226
$8,801 - $9,800 468 582 774 966 1,182 1,380 13,233
$9,801 - $11,300 378 468 582 774 966 1,182 13,240
$11,301 - $12,800 348 378 468 582 774 966 13,247
$12,801 - $14,300 318 348 378 468 582 774 13,254
$14,301 - $15,800 162 318 348 378 468 582 13,261
$15,801 - $18,800 -0- 162 318 348 378 468 13,268
$18,801 - $21,800 -0- -0- 162 318 348 378 13,275
$21,801 - $24,800 -0- -0- -0- 162 318 348 13,282
$24,801 - $29,500 -0- -0- -0- -0- 162 318 13,289
$29,501 - $34,500 -0- -0- -0- -0- -0- 162 13,296
OVER $34,500 -0- -0- -0- -0- -0- -0- 13,303
(D) FOR A FULL-TIME STUDENT ENROLLED IN AN ELIGIBLE 13,306
INSTITUTION FOR A SEMESTER OR QUARTER IN ADDITION TO THE PORTION 13,307
OF THE ACADEMIC YEAR COVERED BY A GRANT DETERMINED UNDER DIVISION 13,308
(C) OF THIS SECTION, THE MAXIMUM GRANT AMOUNT SHALL BE A 13,310
PERCENTAGE OF THE MAXIMUM PRESCRIBED IN THE APPLICABLE TABLE OF 13,311
THAT DIVISION. THE MAXIMUM GRANT FOR A FOURTH QUARTER SHALL BE 13,312
ONE-THIRD OF THE MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 13,313
THE MAXIMUM GRANT FOR A THIRD SEMESTER SHALL BE ONE-HALF OF THE 13,314
MAXIMUM AMOUNT PRESCRIBED UNDER THAT DIVISION. 13,315
(E) No grant shall be made to any student in a course of 13,317
study in theology, religion, or other field of preparation for a 13,318
religious profession unless such course of study leads to an 13,319
accredited bachelor of arts, bachelor of science, or associate of 13,320
arts degree. 13,321
(E)(F)(1) Except as provided in division (E)(F)(2) of this 13,324
section, no grant shall be made to any student for enrollment 13,325
during a school FISCAL year in an institution with a COHORT 13,327
default rate DETERMINED BY THE UNITED STATES SECRETARY OF 13,329
EDUCATION PURSUANT TO THE "HIGHER EDUCATION AMENDMENTS OF 1986," 13,332
277
100 STAT. 1278, 1408, 20 U.S.C.A. 1085, AS AMENDED, as of the 13,335
fifteenth day of June preceding such school THE FISCAL year,
equal to or greater than thirty per cent for each of the 13,336
preceding two FISCAL years. 13,337
(2) Division (E)(F)(1) of this section does not apply to 13,339
the following: 13,340
(a) Any student enrolled in an institution that under THE 13,342
federal law appeals its loss of eligibility for federal financial 13,343
aid and the United States secretary of education determines its 13,344
COHORT default rate after recalculation is lower than the rate 13,345
specified in division (E)(F)(1) of this section or the secretary 13,347
determines due to mitigating circumstances the institution may 13,348
continue to participate in federal financial aid programs. The 13,349
board shall adopt rules requiring institutions to provide 13,350
information regarding an appeal to the board. 13,351
(b) Any student who has previously received a grant under 13,353
this section who meets all other requirements of this section. 13,354
(3) The board shall adopt rules for the notification of 13,357
all institutions whose students will be ineligible to participate 13,358
in the grant program pursuant to division (E)(F)(1) of this 13,359
section.
(4) A student's attendance at an institution whose 13,361
students lose eligibility for grants under division (E)(F)(1) of 13,363
this section shall not affect that student's eligibility to
receive a grant when enrolled in another institution. 13,364
(F)(G) Institutions of higher education that enroll 13,366
students receiving instructional grants under this section shall 13,367
report to the board all students who have received instructional 13,368
grants but are no longer eligible for all or part of such grants 13,369
and shall refund any moneys due the state within thirty days 13,370
after the beginning of the quarter or term immediately following 13,371
the quarter or term in which the student was no longer eligible 13,372
to receive all or part of the student's grant. There shall be an 13,374
interest charge of one per cent per month on all moneys due and 13,375
278
payable after such thirty-day period. The board shall 13,376
immediately notify the office of budget and management and the 13,377
legislative budget office of the legislative service commission 13,378
of all refunds so received. 13,379
Sec. 3333.27. As used in this section: 13,388
(A) "Eligible institution" means a nonprofit Ohio 13,390
institution of higher education that holds a certificate of 13,391
authorization issued under section 1713.02 of the Revised Code 13,392
and meets the requirements of Title VI of the Civil Rights Act of 13,393
1964. 13,394
(B) "Resident" and "full-time student" have the meanings 13,396
established for purposes of this section by rule of the Ohio 13,397
board of regents. 13,398
The board shall establish and administer a student choice 13,401
grant program and shall adopt rules for the administration of the 13,402
program.
The board may make a grant to any resident of this state 13,405
who is enrolled as a full-time student in a bachelor's degree 13,406
program at an eligible institution and maintains an academic 13,407
record that meets or exceeds the standard established pursuant to 13,408
this section by rule of the board, except that no grant shall be 13,409
made to any individual who was enrolled as a student in an 13,410
institution of higher education on or before July 1, 1984, or is 13,411
serving a term of imprisonment. The grant shall not exceed the 13,412
lesser of the total instructional and general charges of the 13,413
institution in which the student is enrolled, or an amount equal 13,414
to one-fourth of the total of any state instructional subsidy 13,415
amount distributed by the board in the second fiscal year of the 13,416
preceding biennium for all full-time students enrolled in 13,417
bachelor's degree programs at four-year state-assisted 13,418
institutions of higher education divided by the sum of the actual 13,419
number of full-time students enrolled in bachelor's degree 13,420
programs at four-year state-assisted institutions of higher 13,421
education reported to the board for such year by the institutions 13,422
279
to which the subsidy was distributed. 13,423
The board shall prescribe the form and manner of 13,425
application for grants including the manner of certification by 13,426
eligible institutions that each applicant from such institution 13,427
is enrolled in a bachelor's degree program as a full-time student 13,428
and has an academic record that meets or exceeds the standard 13,429
established by the board. 13,430
A grant awarded to an eligible student shall be paid to the 13,432
institution in which the student is enrolled, and the institution 13,433
shall reduce the student's instructional and general charges by 13,434
the amount of the grant. Each grant awarded shall be prorated 13,435
and paid in equal installments at the time of enrollment for each 13,436
term of the academic year for which the grant is awarded. No 13,437
student shall be eligible to receive a grant for more than ten 13,438
semesters, fifteen quarters, or the equivalent of five academic 13,439
years. 13,440
The receipt of an Ohio student choice grant shall not 13,442
affect a student's eligibility for assistance, or the amount of 13,443
such assistance, granted under section 3315.33, 3333.12, 3333.22, 13,444
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code. If a 13,445
student receives assistance under one or more of such sections, 13,446
the student choice grant made to the student shall not exceed the 13,448
difference between the amount of assistance received under such 13,449
sections and the total instructional and general charges of the 13,450
institution in which the student is enrolled. 13,451
The general assembly shall support the student choice grant 13,453
program by such sums and in such manner as it may provide, but 13,454
the board may also receive funds from other sources to support 13,456
the program.
No grant shall be made to any student enrolled in a course 13,458
of study leading to a degree in theology, religion, or other 13,459
field of preparation for a religious profession UNLESS THE COURSE 13,460
OF STUDY LEADS TO AN ACCREDITED BACHELOR OF ARTS OR BACHELOR OF 13,461
SCIENCE DEGREE.
280
Institutions of higher education that enroll students 13,463
receiving grants under this section shall report to the board the 13,465
name of each student who has received such a grant but who is no 13,466
longer eligible for all or part of such grant and shall refund 13,467
all moneys due to the state within thirty days after the 13,468
beginning of the term immediately following the term in which the 13,469
student was no longer eligible to receive all or part of the
grant. There shall be an interest charge of one per cent per 13,470
month on all moneys due and payable after such thirty-day period. 13,471
The board shall immediately notify the office of budget and 13,473
management and the legislative budget office of the legislative
service commission of all refunds received. 13,474
Sec. 3333.29. (A) AS USED IN THIS SECTION, "RESIDENT" HAS 13,476
THE MEANING ESTABLISHED FOR PURPOSES OF THIS SECTION BY RULE OF 13,477
THE OHIO BOARD OF REGENTS. 13,478
(B) BEGINNING JULY 1, 2000, THE OHIO BOARD OF REGENTS 13,481
SHALL ESTABLISH AND ADMINISTER THE STUDENT WORKFORCE DEVELOPMENT 13,482
GRANT PROGRAM AND SHALL ADOPT RULES FOR THE ADMINISTRATION OF THE 13,483
PROGRAM. SUCH RULES SHALL BE SIMILAR TO THE RULES THE OHIO BOARD 13,484
OF REGENTS ADOPTS UNDER SECTION 3333.27 OF THE REVISED CODE. 13,485
(C) THE OHIO BOARD OF REGENTS MAY MAKE A GRANT TO ANY 13,487
RESIDENT OF THIS STATE WHO IS ENROLLED AS A FULL-TIME STUDENT IN 13,489
AN AUTHORIZED BACCALAUREATE DEGREE OR ASSOCIATE DEGREE PROGRAM AT 13,490
A PRIVATE CAREER SCHOOL REGISTERED IN ACCORDANCE WITH SECTION 13,492
3332.05 OF THE REVISED CODE AND WHO MAINTAINS AN ACADEMIC RECORD 13,493
THAT MEETS OR EXCEEDS A STANDARD ESTABLISHED BY RULE OF THE STATE
BOARD OF PROPRIETARY SCHOOL REGISTRATION, EXCEPT THAT NO GRANT 13,494
SHALL BE MADE TO ANY INDIVIDUAL WHO WAS ENROLLED AS A STUDENT IN 13,495
A REGISTERED PRIVATE CAREER SCHOOL BEFORE JULY 1, 2000. EACH 13,496
GRANT AWARD SHALL BE IN AN AMOUNT OF APPROXIMATELY TWO HUNDRED 13,497
DOLLARS. THE ACTUAL SIZE OF AN ANNUAL GRANT AWARD SHALL BE
DETERMINED BY THE OHIO BOARD OF REGENTS BASED ON THE AMOUNT OF 13,498
FUNDS AVAILABLE FOR THE PROGRAM. THE GRANT SHALL BE PRORATED AND 13,499
PAID IN EQUAL INSTALLMENTS PER ACADEMIC TERM IN ACCORDANCE WITH 13,500
281
DIVISION (E) OF THIS SECTION.
(D) THE OHIO BOARD OF REGENTS SHALL PRESCRIBE THE FORM AND 13,502
MANNER OF APPLICATION FOR GRANTS AND SHALL PROVIDE A METHOD FOR 13,503
REGISTERED PRIVATE CAREER SCHOOLS TO CERTIFY APPLICANTS WHO ARE 13,504
ENROLLED IN AUTHORIZED BACCALAUREATE DEGREE OR ASSOCIATE DEGREE 13,505
PROGRAMS AND HAVE ACADEMIC RECORDS MEETING OR EXCEEDING THE 13,506
STANDARD ESTABLISHED BY THE STATE BOARD OF PROPRIETARY SCHOOL 13,507
REGISTRATION. 13,508
(E) A GRANT AWARDED TO AN ELIGIBLE STUDENT SHALL BE PAID 13,510
TO THE REGISTERED PRIVATE CAREER SCHOOL IN WHICH THE STUDENT IS 13,511
ENROLLED, AND THE SCHOOL SHALL REDUCE THE STUDENT'S INSTRUCTIONAL
AND GENERAL CHARGES BY THE AMOUNT OF THE GRANT. EACH GRANT 13,512
AWARDED SHALL BE PAID IN ACCORDANCE WITH DIVISION (C) OF THIS 13,513
SECTION WITHIN THIRTY DAYS AFTER THE START OF EACH TERM OF THE 13,514
ACADEMIC YEAR FOR WHICH THE GRANT IS AWARDED. NO STUDENT SHALL 13,515
BE ELIGIBLE TO RECEIVE GRANTS FOR MORE THAN THE EQUIVALENT OF
FIVE ACADEMIC YEARS. 13,516
(F) THE RECEIPT OF A WORKFORCE DEVELOPMENT GRANT SHALL NOT 13,518
AFFECT A STUDENT'S ELIGIBILITY FOR ASSISTANCE OR THE AMOUNT OF 13,519
SUCH ASSISTANCE GRANTED UNDER ANY OTHER PROVISION OF STATE LAW.
IF A STUDENT RECEIVES ASSISTANCE UNDER ONE OR MORE OTHER 13,520
PROVISIONS OF STATE LAW, THE GRANT MADE TO THE STUDENT UNDER THIS 13,521
SECTION SHALL NOT EXCEED THE DIFFERENCE BETWEEN THE TOTAL 13,522
INSTRUCTIONAL AND GENERAL CHARGES ASSESSED TO THE STUDENT BY THE 13,523
PRIVATE CAREER SCHOOL AND THE AMOUNT OF TOTAL ASSISTANCE THE 13,524
STUDENT RECEIVES UNDER OTHER PROVISIONS OF STATE LAW. 13,525
(G) THE GENERAL ASSEMBLY SHALL SUPPORT THE WORKFORCE 13,527
DEVELOPMENT GRANT PROGRAM WITH SUCH APPROPRIATIONS AS THE GENERAL 13,528
ASSEMBLY SEES FIT. THE OHIO BOARD OF REGENTS MAY ALSO RECEIVE 13,529
FUNDS FROM OTHER SOURCES TO SUPPORT THE PROGRAM. 13,530
(H) PRIVATE CAREER SCHOOLS THAT ENROLL STUDENTS RECEIVING 13,532
GRANTS UNDER THIS SECTION SHALL REPORT TO THE OHIO BOARD OF 13,533
REGENTS THE NAME OF EACH STUDENT WHO HAS RECEIVED SUCH A GRANT 13,534
BUT WHO IS NO LONGER ELIGIBLE FOR SUCH A GRANT. IN THE EVENT 13,535
282
THAT AN ELIGIBLE STUDENT WHO HAS BEEN AWARDED A GRANT UNDER THIS
SECTION WITHDRAWS FROM ENROLLMENT AT A SCHOOL DURING ANY TERM, 13,536
THE SCHOOL SHALL REFUND A PRORATED AMOUNT OF THE STUDENT'S GRANT 13,537
FOR THAT TERM TO THE OHIO BOARD OF REGENTS IN ACCORDANCE WITH THE 13,538
SCHOOL'S REFUND POLICY. 13,539
(I) BEGINNING JULY 1, 2000, THE STATE BOARD OF PROPRIETARY 13,542
SCHOOL REGISTRATION SHALL REPORT TO THE OHIO BOARD OF REGENTS 13,543
EACH DEGREE GRANTING PROPRIETARY SCHOOL'S JOB PLACEMENT RATE FOR 13,544
THE IMMEDIATELY PRECEDING ACADEMIC YEAR. NO GRANT AWARDED TO AN 13,546
ELIGIBLE STUDENT UNDER THIS SECTION SHALL BE PAID TO A REGISTERED 13,547
PRIVATE CAREER SCHOOL IF THE SCHOOL'S JOB PLACEMENT RATE FOR THAT 13,548
STUDENT'S BACCALAUREATE DEGREE OR ASSOCIATE DEGREE PROGRAM FOR 13,549
THE PRECEDING ACADEMIC YEAR WAS LESS THAN SEVENTY-FIVE PER CENT. 13,550
Sec. 3333.50. (A)(1) THERE IS HEREBY CREATED THE OHIO 13,552
HIGHER EDUCATION, BUSINESS, AND ECONOMIC DEVELOPMENT COUNCIL. 13,553
THE COUNCIL SHALL CONSIST OF SIXTEEN MEMBERS, INCLUDING THE 13,555
CHANCELLOR OF THE OHIO BOARD OF REGENTS, THE DIRECTOR OF 13,556
DEVELOPMENT, THE GOVERNOR'S SCIENCE AND TECHNOLOGY ADVISOR, THE 13,557
CHAIRPERSON OF THE INTER-UNIVERSITY COUNCIL OF OHIO, THE 13,558
CHAIRPERSON OF THE ASSOCIATION OF INDEPENDENT COLLEGES AND 13,559
UNIVERSITIES, THE SECRETARY OF THE OHIO ASSOCIATION OF COMMUNITY 13,560
COLLEGES, ONE MEMBER OF THE SENATE FROM EACH MAJOR PARTY 13,561
APPOINTED BY THE PRESIDENT OF THE SENATE, ONE MEMBER OF THE HOUSE 13,562
OF REPRESENTATIVES FROM EACH MAJOR PARTY APPOINTED BY THE SPEAKER 13,563
OF THE HOUSE OF REPRESENTATIVES, AND SIX REPRESENTATIVES OF 13,565
PRIVATE BUSINESS APPOINTED JOINTLY BY THE CHANCELLOR OF THE BOARD 13,566
OF REGENTS AND THE DIRECTOR OF DEVELOPMENT. ONE REPRESENTATIVE 13,567
OF PRIVATE BUSINESS SHALL BE APPOINTED FROM EACH OF THE FIVE 13,568
HIGHER EDUCATION REGIONS OF THE BOARD OF REGENTS AND ONE 13,569
REPRESENTATIVE OF PRIVATE BUSINESS SHALL BE APPOINTED AT LARGE. 13,570
THE COUNCIL SHALL BE CHAIRED JOINTLY BY THE CHANCELLOR OF THE 13,571
BOARD OF REGENTS, THE DIRECTOR OF DEVELOPMENT, AND THE AT-LARGE 13,572
REPRESENTATIVE OF PRIVATE BUSINESS. THE TERMS OF THE 13,573
REPRESENTATIVES OF PRIVATE BUSINESS SHALL BE THREE YEARS. 13,574
283
(2) MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT 13,576
COMPENSATION BUT SHALL BE PAID THE ACTUAL AND NECESSARY EXPENSES 13,577
THEY INCUR IN THE PERFORMANCE OF THEIR DUTIES. 13,578
(3) THE BOARD OF REGENTS AND THE DEPARTMENT OF DEVELOPMENT 13,580
SHALL PROVIDE STAFF PERSONNEL FOR THE COUNCIL AND SHARE THE 13,581
EXPENSES OF THE COUNCIL EQUALLY. 13,582
(4) THE COUNCIL SHALL MEET AT LEAST FOUR TIMES ANNUALLY AT 13,584
SUCH TIMES AND PLACES AS MAY BE DESIGNATED BY THE CHAIRPERSONS. 13,585
(B) THE COUNCIL SHALL HAVE THE FOLLOWING POWERS AND 13,587
DUTIES:
(1) TO PROVIDE A FORUM IN WHICH LEADERS OF BUSINESS, 13,589
HIGHER EDUCATION, AND GOVERNMENT MAY FORMULATE BOTH SHORT-TERM 13,590
AND LONG-TERM STRATEGIES TO ADVANCE TECHNOLOGICAL DEVELOPMENT IN 13,591
OHIO;
(2) TO STIMULATE COLLABORATION AMONG BUSINESS, HIGHER 13,593
EDUCATION, AND GOVERNMENT THAT WILL ENCOURAGE RESEARCH IN SCIENCE 13,594
AND TECHNOLOGY, THE DEVELOPMENT OF NEW WORK SKILLS, THE 13,595
INTRODUCTION OF NEW PRODUCTS, THE STRENGTHENING OF EXISTING 13,596
BUSINESSES, AND THE CREATION OF NEW BUSINESSES; 13,597
(3) TO ENCOURAGE THE DEVELOPMENT OF REGIONAL ECONOMIC 13,599
CLUSTERS AND TO PROVIDE A FORUM FOR THE FORMULATION OF STATEWIDE 13,600
POLICIES THAT WILL ENHANCE THE CREATION AND GROWTH OF SUCH 13,601
CLUSTERS;
(4) TO ENCOURAGE STATE POLICIES AND INVESTMENTS THAT 13,603
FOSTER THE DEVELOPMENT OF KNOWLEDGE AND THE USE OF NEW 13,604
TECHNOLOGIES THAT WILL BE REQUIRED FOR OHIO TO BE A LEADING 13,605
ECONOMIC STATE IN THE TWENTY-FIRST CENTURY; 13,606
(5) TO FOCUS RESEARCH AND WORKFORCE TRAINING ON AREAS OF 13,608
CRITICAL NEED TO THE STATE; 13,609
(6) TO ENCOURAGE INVESTMENTS IN OHIO HIGHER EDUCATION THAT 13,611
WILL ENSURE STATE-OF-THE-ART TECHNOLOGY, JOB TRAINING, RESEARCH, 13,612
AND EQUIPMENT ON OHIO CAMPUSES; 13,613
(7) TO PROMOTE PROGRAMS THAT WILL ATTRACT TO AND RETAIN IN 13,615
OHIO COLLEGES AND UNIVERSITIES WORLD-CLASS FACULTY IN AREAS OF 13,616
284
CRITICAL NEED TO THE STATE; 13,617
(8) TO MAKE HIGHER EDUCATION IN OHIO MORE AFFORDABLE AND 13,619
ACCESSIBLE; 13,620
(9) TO ENSURE THAT OHIO COLLEGES AND UNIVERSITIES ACHIEVE 13,622
THE HIGHEST STANDARDS OF EFFICIENCY AND INCREASE PRODUCTIVITY IN 13,623
TEACHING, RESEARCH, AND ADMINISTRATION WHILE MAINTAINING QUALITY 13,624
PROGRAMS;
(10) TO IDENTIFY CRITICAL STATE NEEDS TO BE ADDRESSED BY 13,626
PROGRAMS DESIGNED TO ATTRACT, DEVELOP, AND RETAIN COMPANIES OF 13,627
STRATEGIC IMPORTANCE TO THE STATE'S ECONOMY OR TO FUND GRADUATE 13,628
EDUCATION OR ATTRACT EMINENT SCHOLARS TO OR RETAIN THEM AT OHIO 13,629
COLLEGES AND UNIVERSITIES, AND TO MAKE RECOMMENDATIONS TO THE 13,630
AGENCIES OR OFFICES THAT ADMINISTER SUCH PROGRAMS;
(11) TO MAKE SUCH RULES AS THE COUNCIL CONSIDERS ADVISABLE 13,632
FOR THE CONDUCT OF ITS OWN BUSINESS. 13,633
(C) THE COUNCIL SHALL REPORT ANNUALLY TO THE GOVERNOR ON 13,635
COUNCIL ACTIVITIES AND ON OHIO'S EDUCATIONAL AND TECHNOLOGICAL 13,637
DEVELOPMENT. THE ANNUAL REPORT MAY INCLUDE ANY RECOMMENDATIONS 13,638
BELIEVED NECESSARY OR DESIRABLE TO CARRY OUT THE PURPOSES OF THIS 13,639
SECTION.
(D) THE COUNCIL IS NOT SUBJECT TO SECTION 101.84 OF THE 13,641
REVISED CODE AND SHALL NOT EXPIRE IN ACCORDANCE WITH THAT 13,642
SECTION.
Sec. 3345.22. (A) A student, faculty or staff member, or 13,651
employee of a college or university which THAT receives any state 13,653
funds in support thereof, arrested for any offense covered by 13,654
division (D) of section 3345.23 of the Revised Code shall be 13,655
afforded a hearing, as provided in this section, to determine 13,656
whether he THE PERSON shall be immediately suspended from such 13,658
THE college or university. Such THE hearing shall be held within 13,659
not more than five days after his THE PERSON'S arrest, subject to 13,661
reasonable continuances for good cause shown, which continuances 13,664
shall not exceed a total of ten days. 13,665
(B) The arresting authority shall immediately notify the 13,667
285
president of the college or university of the arrest of a 13,668
student, faculty or staff member, or employee of such THE college 13,670
or university for any offense covered by division (D) of section 13,671
3345.23 of the Revised Code, and the president shall immediately 13,672
notify the chancellor of the Ohio board of regents of such 13,674
arrest. The hearing to determine whether the person shall be
immediately suspended shall be held in the county where the 13,675
college or university is located, before a referee appointed by 13,676
the board of regents PRESIDENT. Such THE referee shall be an 13,678
attorney admitted to the practice of law in Ohio, but he THE 13,679
REFEREE shall not be attorney for, or a faculty or staff member 13,680
or employee of, any college or university. Immediate notice of 13,681
the time and place of such THE hearing shall be given or sent to 13,682
such THE person.
(C) The referee may administer oaths, issue subpoenas to 13,684
compel the attendance of witnesses and the production of 13,685
evidence, and enforce such THE subpoenas, as well as preserve the 13,687
order and decorum of the proceedings over which he THE REFEREE 13,688
presides, by means of contempt proceedings in the court of common 13,689
pleas as provided by law. 13,690
(D) The hearing shall be adversary in nature, and shall be 13,692
conducted fairly and impartially, but the formalities of the 13,693
criminal process are not required. A person whose suspension is 13,694
being considered has the right to be represented by counsel, but 13,695
counsel need not be furnished for him THE PERSON. Such THE 13,697
person also has the right to cross-examine witnesses against him 13,698
THE PERSON, to testify, and to present the testimony of witnesses 13,699
and other evidence in his THE PERSON'S behalf. In the absence of 13,700
a waiver of the right against compulsory self-incrimination, the 13,701
testimony of a person whose suspension is being considered, given 13,702
at such THE hearing, shall not subsequently be used in any 13,704
criminal proceeding against him THE PERSON. The referee may 13,705
require the separation of witnesses, and may bar from the 13,708
proceedings any person whose presence is not essential to such 13,709
286
THE proceedings, except that members of the news media shall not 13,710
be barred from such THE proceedings. 13,711
(E) Upon hearing, if the referee finds by a preponderance 13,713
of the evidence that the person whose suspension is being 13,714
considered committed any offense covered by division (D) of 13,715
section 3345.23 of the Revised Code, he THE REFEREE shall order 13,716
the person suspended, except that when the good order and 13,717
discipline of a college or university will not be prejudiced or 13,718
compromised thereby, the referee may permit the person to return 13,719
to the college or university on terms of strict disciplinary 13,720
probation. Subsequent violation of the terms of the probation 13,721
automatically effects a suspension. A person suspended under 13,722
this section may be readmitted pursuant to division (A) of 13,723
section 3345.23 of the Revised Code. A suspension under this 13,724
section is in effect until the person is acquitted or convicted 13,725
of the crime for which he THE PERSON was arrested. If convicted, 13,726
he THE PERSON is dismissed pursuant to section 3345.23 of the 13,727
Revised Code.
(F) Upon acquittal, or upon any final judicial 13,729
determination not resulting in conviction, of the charges for 13,730
which a person is suspended pursuant to this section, such THE 13,731
suspension automatically terminates, and the person suspended 13,732
shall be reinstated and the record of the suspension expunged 13,733
from his THE PERSON'S college or university record. 13,734
(G) An order of a referee pursuant to this section may be 13,736
appealed on questions of law and fact to the court of common 13,737
pleas of the county in which the college or university is 13,738
located, within twenty days after the date of the order. If the 13,739
court to which such AN appeal is taken determines that the good 13,740
order and discipline of a college or university will not be 13,741
prejudiced thereby, it may permit the person suspended to return 13,742
to the college or university on terms of strict disciplinary 13,743
probation. 13,744
(H) A person afforded a hearing pursuant to this section 13,746
287
who does not appear at the hearing shall be declared suspended by 13,747
the hearing officer. 13,748
Sec. 3365.01. As used in sections 3365.01 to 3365.10 of 13,757
the Revised Code: 13,758
(A) "College" means any state-assisted college or 13,760
university described in section 3333.041 of the Revised Code, any 13,761
nonprofit institution holding a certificate of authorization 13,762
pursuant to Chapter 1713. of the Revised Code, and any 13,763
institution holding a certificate of registration from the state 13,764
board of proprietary school registration and program 13,765
authorization for an associate or bachelor's degree program 13,766
issued under section 3332.05 of the Revised Code. 13,767
(B) "School district", EXCEPT AS SPECIFIED IN DIVISION (G) 13,769
OF THIS SECTION, means any school district to which a student is 13,771
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of 13,772
the Revised Code and does not include a joint vocational or 13,773
cooperative education school district.
(C) "Parent" has the same meaning as in section 3313.64 of 13,775
the Revised Code. 13,776
(D) "Participant" means a student enrolled in a college 13,778
under the post-secondary enrollment options program established 13,779
by this chapter. 13,780
(E) "Secondary grade" means the ninth through twelfth 13,783
grades. 13,784
(F) "School foundation payments" means the amount required 13,786
to be paid to a school district for a fiscal year under Chapter 13,787
3317. of the Revised Code. 13,788
(G) "Tuition base" means, with respect to a participant's 13,790
school district, the formula amount defined in division (B) of 13,792
section 3317.02 of the Revised Code multiplied by the district's 13,793
cost-of-doing-business factor defined in division (N) of section 13,795
3317.02 of the Revised Code. THE PARTICIPANT'S "SCHOOL DISTRICT" 13,796
IN THE CASE OF A PARTICIPANT ENROLLED IN A COMMUNITY SCHOOL SHALL
BE THE SCHOOL DISTRICT IN WHICH THE STUDENT IS ENTITLED TO ATTEND 13,797
288
SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE. 13,798
(H) "Educational program" means enrollment in one or more 13,800
school districts, in a nonpublic school, or in a college under 13,801
division (B) of section 3365.04 of the Revised Code. 13,802
(I) "Nonpublic school" means a chartered or nonchartered 13,804
school for which minimum standards are prescribed by the state 13,806
board of education pursuant to division (D) of section 3301.07 of 13,807
the Revised Code.
(J) "School year" means the year beginning on the first 13,809
day of July and ending on the thirtieth day of June. 13,810
(K) "COMMUNITY SCHOOL" MEANS ANY SCHOOL ESTABLISHED 13,812
PURSUANT TO CHAPTER 3314. OF THE REVISED CODE THAT INCLUDES 13,813
SECONDARY GRADES.
(L) "COMMUNITY SCHOOL PAYMENTS" MEANS PAYMENTS MADE BY THE 13,815
DEPARTMENT OF EDUCATION TO A COMMUNITY SCHOOL PURSUANT TO 13,816
DIVISION (D) OF SECTION 3314.08 OF THE REVISED CODE. 13,817
Sec. 3365.02. There is hereby established the 13,826
post-secondary enrollment options program under which a secondary 13,827
grade student may enroll at a college, on a full- or part-time 13,828
basis, and complete nonsectarian courses for high school and 13,829
college credit. 13,830
Secondary grade students in a nonpublic school may 13,832
participate in the post-secondary enrollment options program if 13,833
the chief administrator of such school notifies the department of 13,834
education by the first day of April prior to the school year in 13,835
which the school's students will participate. 13,836
The state board of education, after consulting with the 13,838
board of regents, shall adopt rules governing the program. The 13,839
rules shall include: 13,840
(A) Requirements for school districts, COMMUNITY SCHOOLS, 13,843
or participating nonpublic schools to provide information about 13,844
the program prior to the first day of March of each year to all 13,845
students enrolled in grades eight through eleven.; 13,846
(B) A requirement that a student or the student's parent 13,848
289
inform the district board of education, THE GOVERNING AUTHORITY 13,850
OF A COMMUNITY SCHOOL, or the nonpublic school administrator by 13,852
the thirtieth day of March of the student's intent to participate 13,853
in the program during the following school year. The rule shall 13,854
provide that any student who fails to notify a district board, 13,855
THE GOVERNING AUTHORITY OF A COMMUNITY SCHOOL, or the nonpublic 13,856
school administrator by the required date may not participate in 13,857
the program during the following school year without the written 13,858
consent of the district superintendent, THE GOVERNING AUTHORITY 13,859
OF A COMMUNITY SCHOOL, or the nonpublic school administrator. 13,860
(C) Requirements that school districts AND COMMUNITY 13,862
SCHOOLS provide counseling services to students in grades eight 13,864
through eleven and to their parents before the students 13,867
participate in the program under this chapter to ensure that 13,868
students and parents are fully aware of the possible risks and 13,869
consequences of participation. Counseling information shall 13,870
include without limitation:
(1) Program eligibility; 13,872
(2) The process for granting academic credits; 13,874
(3) Financial arrangements for tuition, books, materials, 13,876
and fees; 13,877
(4) Criteria for any transportation aid; 13,879
(5) Available support services; 13,881
(6) Scheduling; 13,883
(7) The consequences of failing or not completing a course 13,885
in which the student enrolls and the effect of the grade attained 13,886
in the course being included in the student's grade point 13,887
average, if applicable; 13,888
(8) The effect of program participation on the student's 13,890
ability to complete the district's, COMMUNITY SCHOOL'S, or 13,892
nonpublic school's graduation requirements; 13,893
(9) The academic and social responsibilities of students 13,895
and parents under the program; 13,896
(10) Information about and encouragement to use the 13,898
290
counseling services of the college in which the student intends 13,899
to enroll. 13,900
(D) A requirement that the student and the student's 13,902
parent sign a form, provided by the school district OR SCHOOL, 13,904
stating that they have received the counseling required by 13,905
division (C) of this section and that they understand the 13,906
responsibilities they must assume in the program.; 13,907
(E) The options required by section 3365.04 of the Revised 13,909
Code.; 13,910
(F) A REQUIREMENT THAT BEFORE ENROLLING IN A SPECIFIC 13,912
COLLEGE COURSE THROUGH THE PROGRAM, A STUDENT HAVE A GRADE POINT 13,913
AVERAGE OF NOT LESS THAN 3.0 ON A 4.0 SCALE, OR THE EQUIVALENT, 13,914
IN HIGH SCHOOL COURSES THE STUDENT HAS COMPLETED IN THE SAME 13,915
SUBJECT AREA AS THE COLLEGE COURSE IN WHICH THE STUDENT SEEKS TO 13,916
ENROLL.
Sec. 3365.03. (A) Notwithstanding any other provision of 13,925
law, a student enrolled in a school district, A COMMUNITY SCHOOL, 13,927
or a participating nonpublic school may apply to a college to 13,929
enroll in it during the student's ninth, tenth, eleventh, or 13,930
twelfth grade school year under this chapter. For purposes of 13,931
this division, during the period of an expulsion imposed under 13,933
division (B) of section 3313.66 of the Revised Code or extended 13,935
under division (F) of that section, a student is ineligible to 13,936
apply to enroll in a college under this section, unless the
student is admitted to another school district OR COMMUNITY 13,938
SCHOOL, or a participating nonpublic school. If a student is 13,940
enrolled in a college under this section at the time the student 13,941
is expelled under division (B) of section 3313.66 of the Revised 13,942
Code, the student's status for the remainder of the college term 13,944
in which the expulsion is imposed shall be determined under
section 3365.041 of the Revised Code. 13,945
(B) If a college accepts a student who applies under this 13,948
section, it shall send written notice to the student, the 13,949
student's school district, COMMUNITY SCHOOL, or nonpublic school, 13,951
291
and the superintendent of public instruction within ten days 13,952
after acceptance. Within ten days after each enrollment for a 13,953
term, the college shall also send the student, the student's 13,954
school district, COMMUNITY SCHOOL, or nonpublic school, and the 13,956
superintendent of public instruction a written notice indicating 13,957
the courses and hours of enrollment of the student and the option 13,958
elected by the student under division (A) or (B) of section 13,959
3365.04 of the Revised Code for each course.
Sec. 3365.041. (A) When a school district superintendent 13,968
OR GOVERNING AUTHORITY OF A COMMUNITY SCHOOL expels a student 13,970
under division (B) of section 3313.66 of the Revised Code, the 13,972
district superintendent OR BOARD shall send a written notice of 13,973
the expulsion to any college in which the expelled student is 13,974
enrolled under section 3365.03 of the Revised Code at the time 13,976
the expulsion is imposed. The notice shall indicate the date the 13,977
expulsion is scheduled to expire. The notice also shall indicate 13,978
whether the district board of education OR COMMUNITY SCHOOL 13,979
GOVERNING AUTHORITY has adopted a policy under section 3313.613 13,981
of the Revised Code to deny high school credit for post-secondary 13,983
courses taken during an expulsion. If the expulsion is extended 13,984
under division (F) of section 3313.66 of the Revised Code, the 13,985
district superintendent OR GOVERNING AUTHORITY shall notify the 13,986
college of the extension. 13,987
(B) A college may withdraw its acceptance under section 13,990
3365.03 of the Revised Code of a student who is expelled from 13,991
school under division (B) of section 3313.66 of the Revised Code. 13,993
As provided in section 3365.03 of the Revised Code, regardless of 13,994
whether the college withdraws its acceptance of the student for 13,995
the college term in which the student is expelled, the student is 13,996
ineligible to enroll in a college under that section for 13,997
subsequent college terms during the period of the expulsion, 13,998
unless the student enrolls in another school district OR 13,999
COMMUNITY SCHOOL, or participating nonpublic school during that 14,001
period.
292
If a college withdraws its acceptance of an expelled 14,003
student who elected the option of division (A) of section 3365.04 14,004
of the Revised Code, the college shall refund tuition and fees 14,006
paid by the student in the same proportion that it refunds 14,007
tuition and fees to students who voluntarily withdraw from the 14,008
college at the same time in the term.
If a college withdraws its acceptance of an expelled 14,010
student who elected the option of division (B) of section 3365.04 14,011
of the Revised Code, the school district OR COMMUNITY SCHOOL 14,012
shall not award high school credit for the college courses in 14,013
which the student was enrolled at the time the college withdrew 14,015
its acceptance, and any reimbursement under section 3365.07 of 14,016
the Revised Code for the student's attendance prior to the 14,017
withdrawal shall be the same as would be paid for a student who 14,018
voluntarily withdrew from the college at the same time in the 14,019
term. If the withdrawal results in the college's receiving no 14,020
reimbursement, the college may require the student to return or 14,021
pay for the textbooks and materials it provided the student free 14,022
of charge under section 3365.08 of the Revised Code. 14,023
(C) When a student who elected the option of division (B) 14,026
of section 3365.04 of the Revised Code is expelled under division 14,028
(B) of section 3313.66 of the Revised Code from a school district 14,030
OR COMMUNITY SCHOOL that has adopted a policy under section 14,031
3313.613 of the Revised Code, that election is automatically 14,033
revoked for all college courses in which the student is enrolled 14,034
during the college term in which the expulsion is imposed. Any 14,035
reimbursement under section 3365.07 of the Revised Code for the 14,036
student's attendance prior to the expulsion shall be the same as 14,037
would be paid for a student who voluntarily withdrew from the 14,038
college at the same time in the term. If the revocation results 14,039
in the college's receiving no reimbursement, the college may 14,040
require the student to return or pay for the textbooks and 14,041
materials it provided the student free of charge under section 14,042
3365.08 of the Revised Code. 14,043
293
No later than five days after receiving an expulsion notice 14,045
from the superintendent of a district OR THE GOVERNING AUTHORITY 14,046
OF A COMMUNITY SCHOOL that has adopted a policy under section 14,047
3313.613 of the Revised Code, the college shall send a written 14,049
notice to the expelled student that the student's election of 14,050
division (B) of section 3365.04 of the Revised Code is revoked. 14,052
If the college elects not to withdraw its acceptance of the 14,053
student, the student shall pay all applicable tuition and fees 14,054
for the college courses and shall pay for the textbooks and 14,056
materials that the college provided under section 3365.08 of the 14,057
Revised Code.
Sec. 3365.05. High school credit awarded for courses 14,066
successfully completed under this chapter shall count toward the 14,067
graduation requirements and subject area requirements of the 14,068
school district, COMMUNITY SCHOOL, or nonpublic school. If a 14,070
course comparable to one a student completed at a college is 14,071
offered by the district, COMMUNITY SCHOOL, or nonpublic school, 14,073
the board or school shall award comparable credit for the course 14,074
completed at the college. If no comparable course is offered by 14,075
the district, COMMUNITY SCHOOL, or nonpublic school, the board or 14,077
school shall grant an appropriate number of credits in a similar 14,078
subject area to the student.
If there is a dispute between a school district board OR A 14,080
COMMUNITY SCHOOL GOVERNING AUTHORITY and a student regarding high 14,082
school credits granted for a course, the student may appeal the 14,083
board's OR GOVERNING AUTHORITY'S decision to the state board of 14,084
education. The state board's decision regarding any high school 14,085
credits granted under this division is final. 14,086
Evidence of successful completion of each course and the 14,088
high school credits awarded by the district, COMMUNITY SCHOOL, or 14,090
participating nonpublic school shall be included in the student's 14,091
record. The record shall indicate that the credits were earned 14,092
as a participant under this chapter and shall include the name of 14,093
the college at which the credits were earned. The district 14,094
294
board, COMMUNITY SCHOOL GOVERNING AUTHORITY, or nonpublic school 14,096
shall determine whether and the manner in which the grade 14,097
achieved in a course completed at a college under division (B) of 14,098
section 3365.04 of the Revised Code will be counted in any 14,099
cumulative grade point average maintained for the student. 14,100
Sec. 3365.07. (A) The rules adopted under section 3365.02 14,112
of the Revised Code shall specify a method for each of the 14,113
following: 14,114
(1) Determining, with respect to any participant, the 14,116
percentage of a full-time educational program constituted by the 14,117
participant's total educational program. That percentage shall 14,118
be the participant's full-time equivalency percentage for 14,119
purposes of the computation required by division (B)(1) of this 14,120
section. 14,121
(2) In the case of a participant who is not enrolled in a 14,123
participating nonpublic school, determining the percentage of a 14,124
participant's school day during which he THE PARTICIPANT is 14,125
participating in each of the following: 14,127
(a) Programs provided by the city, local, or exempted 14,129
village school district, OR A COMMUNITY SCHOOL; 14,130
(b) Programs provided by a joint vocational school 14,132
district; 14,133
(c) Programs provided by a college under division (B) of 14,135
section 3365.04 of the Revised Code. 14,136
The sum of divisions (A)(2)(a) to (c) of this section shall equal 14,138
one hundred per cent. 14,139
(3) In the case of a participant who is not enrolled in a 14,141
participating nonpublic school, determining the percentage of a 14,142
participant's enrollment that shall be deemed to be enrollment in 14,143
a joint vocational school district and the percentage that shall 14,144
be deemed to be enrollment in a city, local, or exempted village 14,145
school district. The sum of such percentages shall equal one 14,146
hundred per cent. 14,147
(4) In the case of a participant who is enrolled in a 14,149
295
participating nonpublic school, determining the percentage of a 14,150
participant's school day during which he THE PARTICIPANT is 14,151
participating in programs provided by a college under division 14,153
(B) of section 3365.04 of the Revised Code. 14,154
(B) Each July, the department of education shall pay each 14,156
college for any participant enrolled in the college in the prior 14,157
school year under division (B) of section 3365.04 of the Revised 14,158
Code an amount computed as follows: 14,159
(1) Multiply the tuition base by the participant's 14,161
full-time equivalency percentage and multiply the resulting 14,162
amount by a percentage equal to the percentage of the 14,163
participant's school day apportioned to the college under 14,164
division (A)(2)(c) or (4) of this section, as applicable. 14,165
(2) Pay the college the lesser of: 14,167
(a) The amount computed under division (B)(1) of this 14,169
section; 14,170
(b) The actual costs that would have been the 14,172
responsibility of the participant had he THE PARTICIPANT elected 14,173
to enroll under division (A) of section 3365.04 of the Revised 14,175
Code, as verified by the department, of tuition, textbooks, 14,176
materials, and fees directly related to any courses elected by 14,177
the participant during the prior school year under division (B) 14,178
of section 3365.04 of the Revised Code. 14,179
(C) The department shall not reimburse any college for any 14,181
course taken by a participant under division (A) of section 14,182
3365.04 of the Revised Code. 14,183
(D) If the participant was not enrolled in a participating 14,185
nonpublic school, the amount paid under division (B) of this 14,186
section for each participant shall be subtracted from the school 14,187
foundation payments made to the participant's school district OR, 14,188
IF THE PARTICIPANT WAS ENROLLED IN A COMMUNITY SCHOOL, FROM THE 14,189
COMMUNITY SCHOOL PAYMENTS MADE TO THE PARTICIPANT'S SCHOOL UNDER 14,190
SECTION 3314.08 OF THE REVISED CODE. If the participant was 14,191
enrolled in a joint vocational school district, a portion of the 14,192
296
amount shall be subtracted from the payments to the joint 14,193
vocational school district and a portion shall be subtracted from 14,194
the payments to the participant's city, local, or exempted 14,195
village school district. The amount of the payment subtracted 14,196
from the city, local, or exempted village school district shall 14,197
be computed as follows:
(1) Add the following: 14,199
(a) The percentage of the participant's enrollment in the 14,201
school district, determined under division (A)(3) of this 14,202
section; and 14,203
(b) Twenty-five per cent times the percentage of the 14,205
participant's enrollment in the joint vocational school district, 14,206
determined under division (A)(3) of this section. 14,207
(2) Multiply the sum obtained under division (D)(1) of 14,209
this section by the amount computed under division (B)(2) of this 14,210
section. 14,211
The balance of the payment shall be subtracted from the joint 14,213
vocational district's school foundation payments. 14,214
(E) If the participant was enrolled in a participating 14,216
nonpublic school, the amount paid under division (B) of this 14,217
section shall be subtracted from moneys set aside by the general 14,218
assembly for such purpose from funds appropriated for the 14,219
purposes of section 3317.06 of the Revised Code. 14,220
Sec. 3365.09. Section 3365.07 and divisions (A) and (C) of 14,229
section 3365.08 of the Revised Code do not apply to any college 14,230
course in which a student is enrolled if during the term such 14,231
student is enrolled in the college course he THE STUDENT is also 14,233
a full-time student in his THE STUDENT'S district, COMMUNITY 14,234
SCHOOL, or nonpublic school. The rules adopted under secton 14,236
SECTION 3365.02 of the Revised Code shall prescribe a method for 14,237
determining whether a student is enrolled full-time in his THE 14,238
STUDENT'S district, COMMUNITY SCHOOL, or nonpublic school. 14,240
Sec. 3770.06. (A) There is hereby created the state 14,249
lottery gross revenue fund, which shall be in the custody of the 14,250
297
treasurer of state but shall not be part of the state treasury. 14,251
All gross revenues received from sales of lottery tickets, fines, 14,252
fees, and related proceeds shall be deposited into the fund. The 14,253
treasurer of state shall invest any portion of the fund not 14,254
needed for immediate use in the same manner as, and subject to 14,255
all provisions of law with respect to the investment of, state 14,256
funds. The treasurer of state shall disburse money from the fund 14,257
on order of the director of the state lottery commission or the 14,258
director's designee. All revenues of the state lottery gross 14,259
revenue fund that are not paid to holders of winning lottery 14,260
tickets, that are not required to meet short-term prize 14,261
liabilities, that are not paid to lottery sales agents in the 14,262
form of agent bonuses, commissions, or reimbursements, and that 14,263
are not paid to financial institutions to reimburse such 14,264
institutions for sales agent nonsufficient funds shall be 14,265
transferred to the state lottery fund, which is hereby created in 14,266
the state treasury. All investment earnings of the fund shall be 14,267
credited to the fund. Moneys shall be disbursed from the state 14,268
lottery fund pursuant to vouchers approved by the director of the 14,269
state lottery commission. Total disbursements for monetary prize 14,270
awards to holders of winning lottery tickets and purchases of 14,271
goods and services awarded as prizes to holders of winning 14,272
lottery tickets shall be of an amount equal to at least fifty per 14,273
cent of the total revenue accruing from the sale of lottery 14,274
tickets.
(B) Pursuant to Section 6 of Article XV, Ohio 14,276
Constitution, there is hereby established in the state treasury 14,277
the lottery profits education fund. Whenever, in the judgment of 14,278
the director of budget and management, the amount to the credit 14,279
of the state lottery fund is in excess of that needed to meet the 14,280
maturing obligations of the commission and as working capital for 14,281
its further operations, the director shall transfer the excess to 14,283
the lottery profits education fund, provided that the amount to
be transferred into the lottery profits education fund shall 14,284
298
equal no less than thirty per cent of the total revenue accruing 14,285
from the sale of lottery tickets. Investment earnings of the 14,286
lottery profits education fund shall be credited to the fund. 14,287
There shall also be credited to the fund any repayments of moneys 14,288
loaned from the educational excellence investment fund. The 14,289
lottery profits education fund shall be used solely for the 14,290
support of elementary, secondary, vocational, and special 14,291
education programs as determined in appropriations made by the 14,292
general assembly. When determining the availability of money in 14,293
the lottery profits education fund, the director of budget and 14,294
management may consider all balances and estimated revenues of 14,295
the fund. 14,296
From the amounts that the director of budget and management 14,298
transfers in any fiscal year from the state lottery fund to the 14,299
lottery profits education fund, the director shall transfer the 14,301
initial ten million dollars of such amounts from the lottery
profits education fund to the school building program bond 14,302
service fund created in division (R) of section 3318.26 of the 14,303
Revised Code to be pledged for the purpose of paying bond service 14,304
charges as defined in division (C) of section 3318.21 of the 14,305
Revised Code on one or more issuances of obligations, which 14,306
obligations are issued to provide moneys for the school building 14,307
program assistance fund created in section 3318.25 of the Revised 14,308
Code.
(C) There is hereby established in the state treasury the 14,310
deferred prizes trust fund. With the approval of the director of 14,311
budget and management, an amount sufficient to fund annuity 14,312
prizes shall be transferred from the state lottery fund and 14,313
credited to the trust fund. The treasurer of state shall credit 14,315
all earnings arising from investments purchased under this
division to the fund. Within sixty days after the end of each 14,316
fiscal year, the director of budget and management shall certify 14,317
the amount of investment earnings necessary to have been credited 14,318
to the trust fund during the fiscal year just ending to provide 14,319
299
for continued funding of deferred prizes. Any earnings credited 14,320
in excess of this certified amount shall be transferred to the 14,321
lottery profits education fund. To provide all or a part of the 14,322
amounts necessary to fund deferred prizes awarded by the 14,323
commission, the treasurer of state, in consultation with the 14,324
commission, may invest moneys contained in the deferred prizes 14,325
trust fund in accordance with section 135.143 of the Revised Code 14,327
OBLIGATIONS OF THE TYPE PERMITTED FOR THE INVESTMENT OF STATE
FUNDS BUT WHOSE MATURITIES ARE THIRTY YEARS OR LESS. INVESTMENTS 14,328
OF THE DEFERRED PRIZES TRUST FUND ARE NOT SUBJECT TO THE 14,329
PROVISIONS OF DIVISION (A)(10) OF SECTION 135.143 OF THE REVISED 14,330
CODE LIMITING TO FIVE PER CENT THE AMOUNT OF THE STATE'S TOTAL 14,331
AVERAGE PORTFOLIO THAT MAY BE INVESTED IN DEBT INTERESTS AND 14,332
LIMITING TO ONE HALF OF ONE PER CENT THE AMOUNT THAT MAY BE
INVESTED IN DEBT INTERESTS OF A SINGLE ISSUER. 14,333
All purchases made under this division shall be effected on 14,335
a delivery versus payment method and shall be in the custody of 14,336
the treasurer of state. 14,337
The treasurer of state may retain an investment advisor, if 14,339
necessary. The commission shall pay any costs incurred by the 14,340
treasurer of state in retaining an investment advisor. 14,341
(D) The auditor of state shall conduct annual audits of 14,344
all funds and such other audits as the auditor of state or the 14,345
general assembly considers necessary. The auditor of state may
examine all records, files, and other documents of the 14,346
commission, and such records of lottery sales agents as pertain 14,347
to their activities as agents, for purposes of conducting 14,348
authorized audits.
The state lottery commission shall establish an internal 14,350
audit program before the beginning of each fiscal year, subject 14,351
to the approval of the auditor of state. At the end of each 14,352
fiscal year, the commission shall prepare and submit an annual 14,353
report to the auditor of state for the auditor of state's review 14,354
and approval, specifying the internal audit work completed by the 14,355
300
end of that fiscal year and reporting on compliance with the
annual internal audit program. The form and content of the 14,356
report shall be prescribed by the auditor of state under division 14,357
(C) of section 117.20 of the Revised Code. 14,358
Sec. 4117.101. Notwithstanding sections 4117.08 and 14,367
4117.10 of the Revised Code, no agreement entered into under this 14,368
chapter may contain any provision that in any way limits the 14,369
effect or operation of Chapter 3314. of the Revised Code or 14,370
limits the authority of a school district board of education, OR 14,371
THE GOVERNING BOARD OF AN EDUCATIONAL SERVICE CENTER DESCRIBED IN
DIVISION (C)(1)(e) OF SECTION 3314.02 OF THE REVISED CODE, to 14,373
enter into a contract with a community school under that chapter. 14,374
However, nothing in this section shall be construed to prohibit 14,375
an agreement entered into under this chapter from containing 14,376
requirements and procedures governing the reassignment of 14,377
teachers who are employed in a school at the time it is converted 14,378
to a community school pursuant to Chapter 3314. of the Revised 14,379
Code and who do not choose or are not chosen to teach in that 14,381
community school.
Sec. 5126.12. (A) As used in this section: 14,390
(1) "Approved SCHOOL AGE unit" means a class or unit 14,392
operated by a county board of mental retardation and 14,395
developmental disabilities and approved by the state board of 14,396
education under DIVISION (D) OF section 3317.05 of the Revised 14,397
Code.
(2) "APPROVED PRESCHOOL UNIT" MEANS A CLASS OR UNIT 14,399
OPERATED BY A COUNTY BOARD OF MENTAL RETARDATION AND 14,400
DEVELOPMENTAL DISABILITIES AND APPROVED BY THE STATE BOARD OF 14,401
EDUCATION UNDER DIVISION (B) OF SECTION 3317.05 OF THE REVISED 14,402
CODE.
(3) "Active treatment" means a continuous treatment 14,404
program, which includes aggressive, consistent implementation of 14,405
a program of specialized and generic training, treatment, health 14,406
services, and related services, that is directed toward the 14,407
301
acquisition of behaviors necessary for an individual with mental 14,408
retardation or other developmental disability to function with as 14,410
much self-determination and independence as possible and toward 14,411
the prevention of deceleration, regression, or loss of current 14,412
optimal functional status.
(3)(4) "Eligible for active treatment" means that an 14,414
individual with mental retardation or other developmental 14,416
disability resides in an intermediate care facility for the 14,417
mentally retarded certified under Title XIX of the "Social 14,418
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 14,419
resides in a state institution operated by the department of 14,420
mental retardation and developmental disabilities; or is enrolled 14,421
in a home and community-based services waiver program 14,422
administered by the department of mental retardation and 14,423
developmental disabilities as part of the medical assistance 14,424
program established under section 5111.01 of the Revised Code. 14,425
(4)(5) "Community alternative funding system" means the 14,427
program under which habilitation services are reimbursed under 14,428
the medical assistance program pursuant to section 5111.041 of 14,429
the Revised Code and rules adopted under that section. 14,430
(5)(6) "Community employment program" means community 14,432
employment services provided outside of a sheltered workshop 14,433
setting under which the person earns competitive wages for the 14,434
performance of work. 14,435
(6)(7) "Traditional adult services" means vocational and 14,437
nonvocational activities conducted within a sheltered workshop or 14,438
adult activity center or supportive home services. 14,439
(B) Each county board of mental retardation and 14,441
developmental disabilities shall certify to the director of 14,442
mental retardation and developmental disabilities all of the 14,443
following:
(1) On or before the fifteenth day of October, the average 14,445
daily membership for the first full week of programs and services 14,446
during October receiving: 14,447
302
(a) Early childhood services provided pursuant to section 14,449
5126.05 of the Revised Code for children who are less than three 14,450
years of age on the thirtieth day of September of the academic 14,451
year; 14,452
(b) Special education for handicapped children in approved 14,454
SCHOOL AGE units; 14,455
(c) Adult services for persons sixteen years of age and 14,457
older operated pursuant to section 5126.05 and division (B) of 14,458
section 5126.051 of the Revised Code. Separate counts shall be 14,459
made for the following: 14,460
(i) Persons enrolled in traditional adult services who are 14,462
eligible for but not enrolled in active treatment under the 14,463
community alternative funding system; 14,464
(ii) Persons enrolled in traditional adult services who 14,466
are eligible for and enrolled in active treatment under the 14,467
community alternative funding system; 14,468
(iii) Persons enrolled in traditional adult services but 14,470
who are not eligible for active treatment under the community 14,471
alternative funding system; 14,472
(iv) Persons participating in community employment 14,474
services. To be counted as participating in community employment 14,475
services, a person must have spent an average of no less than 14,476
twenty hours per week in such employment during the preceding six 14,477
months. 14,478
(d) Other programs in the county for individuals with 14,480
mental retardation and developmental disabilities that have been 14,481
approved for payment of subsidy by the department of mental 14,482
retardation and developmental disabilities. 14,483
The membership in each such program and service in the 14,485
county shall be reported on forms prescribed by the department of 14,486
mental retardation and developmental disabilities. 14,487
The department of mental retardation and developmental 14,489
disabilities shall adopt rules defining full-time equivalent 14,490
enrollees and for determining the average daily membership 14,492
303
therefrom, except that certification of average daily membership 14,494
in approved SCHOOL AGE units shall be in accordance with rules 14,497
adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount 14,498
representing the sum of the number of enrollees in each program 14,499
or service in the week for which the certification is made by the 14,501
number of days the program or service was offered in that week. 14,504
No enrollee may be counted in average daily membership for more 14,505
than one program or service.
(2) BY THE FIFTEENTH DAY OF DECEMBER, THE NUMBER OF 14,507
CHILDREN ENROLLED IN APPROVED PRESCHOOL UNITS ON THE FIRST DAY OF 14,508
DECEMBER;
(3) By the fifteenth day of February, an itemized report 14,511
of expenditures for the preceding calendar year which have been 14,512
approved for reimbursement by the director; 14,513
(3)(4) By the fifteenth day of February, a report of the 14,515
total annual cost per enrollee for operation of programs and 14,517
services in the preceding calendar year. The report shall 14,518
include a grand total of all programs operated, the cost of the 14,519
individual programs, and the sources of funds applied to each
program. 14,520
(4)(5) That each required certification and report is in 14,522
accordance with rules established by the department of mental 14,523
retardation and developmental disabilities and the state board of 14,524
education for the operation and subsidization of the programs and 14,525
services. 14,526
(C) To compute payments under this section to the board 14,528
for the fiscal year, the department of mental retardation and 14,529
developmental disabilities shall use the certification of average 14,532
daily membership required by division (B)(1) of this section 14,533
exclusive of the average daily membership in any approved SCHOOL 14,534
AGE UNIT AND THE NUMBER IN ANY APPROVED PRESCHOOL unit.
(D) The department shall pay each county board for each 14,536
fiscal year an amount equal to nine hundred fifty dollars times 14,538
304
the certified average daily membership NUMBER of persons who on 14,539
the thirtieth FIRST day of September DECEMBER of the academic 14,541
year are under three years of age and are not in an approved unit 14,542
for preschool children UNIT. For persons who are at least age 14,544
sixteen and are not in an approved SCHOOL AGE unit, the 14,545
department shall pay each county board for each fiscal year the 14,546
following amounts:
(1) One thousand dollars times the certified average daily 14,548
membership of persons enrolled in traditional adult services who 14,549
are eligible for but not enrolled in active treatment under the 14,550
community alternative funding system; 14,551
(2) One thousand two hundred dollars times the certified 14,553
average daily membership of persons enrolled in traditional adult 14,554
services who are eligible for and enrolled in active treatment 14,555
under the community alternative funding system; 14,556
(3) No less than one thousand five hundred dollars times 14,558
the certified average daily membership of persons enrolled in 14,559
traditional adult services but who are not eligible for active 14,560
treatment under the community alternative funding system; 14,561
(4) No less than one thousand five hundred dollars times 14,563
the certified average daily membership of persons participating 14,564
in community employment services. 14,565
(E) The department shall distribute this subsidy to county 14,567
boards in semiannual installments of equal amounts. The 14,568
installments shall be made not later than the thirty-first day of 14,570
August and the thirty-first day of January. 14,571
(F) The director of mental retardation and developmental 14,573
disabilities shall make efforts to obtain increases in the 14,574
subsidies for early childhood services and adult services so that 14,575
the amount of the subsidies is equal to at least fifty per cent 14,576
of the statewide average cost of those services minus any 14,577
applicable federal reimbursements for those services. The 14,578
director shall advise the director of budget and management of 14,579
the need for any such increases when submitting the biennial 14,580
305
appropriations request for the department. 14,581
(G) In determining the reimbursement of a county board for 14,583
the provision of case management and family support services and 14,585
other services required or approved by the director for which 14,586
children three through twenty-one years of age are eligible, the 14,587
department shall include the average daily membership in approved 14,588
SCHOOL AGE OR PRESCHOOL units. The department, in accordance 14,589
with this section and upon receipt and approval of the 14,590
certification required by this section and any other information 14,591
it requires to enable it to determine a board's payments, shall 14,592
pay the agency providing the specialized training the amounts 14,593
payable under this section.
Sec. 5126.16. As used in sections 5126.16 to 5126.18 of 14,602
the Revised Code:
(A) "Taxable value" means the total taxable value of real 14,604
and public utility property and of tangible personal property in 14,605
a county as shown on the county auditor's tax lists. 14,606
(B) "Taxes" means the total taxes levied pursuant to 14,608
division (L) of section 5705.19 of the Revised Code or pursuant 14,609
to that section and section 5705.222, as shown on the preceding 14,610
year's tax lists of real and public utility property and tangible 14,611
personal property, after making the reductions required by 14,612
section 319.301 of the Revised Code. 14,613
(C) "Enrollment" means a county board of mental 14,615
retardation and developmental disabilities' average daily 14,616
membership of programs and services as certified under divisions 14,618
(B)(1)(a), (b), and (c) AND (B)(2) of section 5126.12 of the 14,620
Revised Code, exclusive of individuals who are served solely 14,621
through case management or family support services provided 14,623
pursuant to sections 5126.11 and 5126.15 of the Revised Code. 14,624
(D) "Effective tax rate" for a county board means a 14,626
fraction, the numerator of which is the county board's taxes and 14,627
the denominator of which is the county board's taxable value. 14,628
(E) "Local revenue factor" means a county board's taxes 14,630
306
divided by the lesser of the aggregate rate of tax authorized to 14,631
be levied by the board of county commissioners pursuant to 14,632
division (L) of section 5705.19 and section 5705.222 of the 14,633
Revised Code or the aggregate rate of tax authorized pursuant to 14,634
that division and that section and certified to the county 14,635
auditor under section 319.30 of the Revised Code. 14,636
(F) "Hypothetical local revenue per enrollee" means the 14,638
quotient obtained by dividing a county board's local revenue 14,639
factor by its enrollment. 14,640
(G) "Hypothetical statewide average revenue per enrollee" 14,642
means the quotient obtained by dividing the sum of all county 14,643
boards' local revenue factors by the total enrollment of all 14,644
county boards. 14,645
(H) "Infant and adult enrollment" means a county board of 14,647
mental retardation and developmental disabilities' total average 14,648
daily membership of programs and services as certified under 14,649
divisions (B)(1)(a) and (c) of section 5126.12 of the Revised 14,652
Code, exclusive of individuals who are served solely through case 14,653
management or family support services provided pursuant to 14,655
sections 5126.11 and 5126.15 of the Revised Code. 14,656
Sec. 5705.29. The tax budget shall present the following 14,665
information in such detail as is prescribed by the auditor of 14,666
state, unless an alternative form of the budget is permitted 14,667
under section 5705.281 of the Revised Code: 14,668
(A)(1) A statement of the necessary current operating 14,670
expenses for the ensuing fiscal year for each department and 14,671
division of the subdivision, classified as to personal services 14,672
and other expenses, and the fund from which such expenditures are 14,673
to be made. Except in the case of a school district, this 14,674
estimate may include a contingent expense not designated for any 14,675
particular purpose, and not to exceed three per cent of the total 14,676
amount of appropriations for current expenses. In the case of a 14,677
school district, this estimate may include a contingent expense 14,678
not designated for any particular purpose and not to exceed 14,679
307
thirteen per cent of the total amount of appropriations for 14,680
current expenses. 14,681
(2) A statement of the expenditures for the ensuing fiscal 14,683
year necessary for permanent improvements, exclusive of any 14,684
expense to be paid from bond issues, classified as to the 14,685
improvements contemplated by the subdivision and the fund from 14,686
which such expenditures are to be made; 14,687
(3) The amounts required for the payment of final 14,689
judgments; 14,690
(4) A statement of expenditures for the ensuing fiscal 14,692
year necessary for any purpose for which a special levy is 14,693
authorized, and the fund from which such expenditures are to be 14,694
made; 14,695
(5) Comparative statements, so far as possible, in 14,697
parallel columns of corresponding items of expenditures for the 14,698
current fiscal year and the two preceding fiscal years. 14,699
(B)(1) An estimate of receipts from other sources than the 14,701
general property tax during the ensuing fiscal year, which shall 14,702
include an estimate of unencumbered balances at the end of the 14,703
current fiscal year, and the funds to which such estimated 14,704
receipts are credited; 14,705
(2) The amount each fund requires from the general 14,707
property tax, which shall be the difference between the 14,708
contemplated expenditure from the fund and the estimated 14,709
receipts, as provided in this section. The section of the 14,710
Revised Code under which the tax is authorized shall be set 14,711
forth. 14,712
(3) Comparative statements, so far as possible, in 14,714
parallel columns of taxes and other revenues for the current 14,715
fiscal year and the two preceding fiscal years. 14,716
(C)(1) The amount required for debt charges; 14,718
(2) The estimated receipts from sources other than the tax 14,720
levy for payment of such debt charges, including the proceeds of 14,721
refunding bonds to be issued to refund bonds maturing in the next 14,722
308
succeeding fiscal year; 14,723
(3) The net amount for which a tax levy shall be made, 14,725
classified as to bonds authorized and issued prior to January 1, 14,726
1922, and those authorized and issued subsequent to such date, 14,727
and as to what portion of the levy will be within and what in 14,728
excess of the ten-mill limitation. 14,729
(D) An estimate of amounts from taxes authorized to be 14,731
levied in excess of the ten-mill limitation on the tax rate, and 14,732
the fund to which such amounts will be credited, together with 14,733
the sections of the Revised Code under which each such tax is 14,734
exempted from all limitations on the tax rate. 14,735
(E)(1) A board of education may include in its budget for 14,737
the fiscal year in which a levy proposed under section 5705.194, 14,738
5705.21, or 5705.213, or the original levy under section 5705.212 14,739
of the Revised Code is first extended on the tax list and 14,740
duplicate an estimate of expenditures to be known as a voluntary 14,741
contingency reserve balance, which shall not be greater than 14,742
twenty-five per cent of the total amount of the levy estimated to 14,743
be available for appropriation in such year. 14,744
(2) A board of education may include in its budget for the 14,746
fiscal year following the year in which a levy proposed under 14,747
section 5705.194, 5705.21, or 5705.213, or the original levy 14,748
under section 5705.212 of the Revised Code is first extended on 14,749
the tax list and duplicate an estimate of expenditures to be 14,750
known as a voluntary contingency reserve balance, which shall not 14,751
be greater than twenty per cent of the amount of the levy 14,752
estimated to be available for appropriation in such year. 14,753
(3) Except as provided in division (E)(4) of this section, 14,755
the full amount of any reserve balance the board includes in its 14,756
budget shall be retained by the county auditor and county 14,757
treasurer out of the first semiannual settlement of taxes until 14,758
the beginning of the next succeeding fiscal year, and thereupon, 14,759
with the depository interest apportioned thereto, it shall be 14,760
turned over to the board of education, to be used for the 14,761
309
purposes of such fiscal year. 14,762
(4) A board of education, by a two-thirds vote of all 14,764
members of the board, may appropriate any amount withheld as a 14,765
voluntary contingency reserve balance during the fiscal year for 14,766
any lawful purpose, provided that prior to such appropriation the 14,767
board of education has authorized the expenditure of all amounts 14,768
appropriated for contingencies under section 5705.40 of the 14,769
Revised Code. Upon request by the board of education, the county 14,770
auditor shall draw a warrant on the district's account in the 14,771
county treasury payable to the district in the amount requested. 14,772
(F)(1) A board of education may include a spending reserve 14,774
in its budget for fiscal years ending on or before June 30, 2002. 14,776
The spending reserve shall consist of an estimate of expenditures 14,777
not to exceed the district's spending reserve balance. A 14,778
district's spending reserve balance is the amount by which the 14,779
designated percentage of the district's estimated personal 14,780
property taxes to be settled during the calendar year in which 14,781
the fiscal year ends exceeds the estimated amount of personal 14,782
property taxes to be so settled and received by the district 14,783
during that fiscal year. Moneys from a spending reserve shall be 14,784
appropriated in accordance with section 133.301 of the Revised 14,785
Code. 14,786
(2) For the purposes of computing a school district's 14,788
spending reserve balance for a fiscal year, the designated 14,789
percentage shall be as follows: 14,790
Fiscal year ending in: Designated percentage 14,793
1998 50% 14,795
1999 40% 14,796
2000 30% 14,797
2001 20% 14,798
2002 10% 14,799
(G) Except as otherwise provided in this division, the 14,802
county budget commission shall not reduce the taxing authority of 14,803
a subdivision as a result of the creation of a reserve balance 14,804
310
account. Except as otherwise provided in this division, the 14,805
county budget commission shall not consider the amount in a 14,806
reserve balance account of a township, county, or municipal 14,807
corporation as an unencumbered balance or as revenue for the 14,808
purposes of division (E)(3) or (4) of section 5747.51 or division 14,809
(E)(3) or (4) of section 5747.62 of the Revised Code. The county 14,810
budget commission may require documentation of the reasonableness 14,811
of the reserve balance held in any reserve balance account. The 14,812
commission shall consider any amount in a reserve balance account 14,813
that it determines to be unreasonable as unencumbered and as 14,814
revenue for the purposes of sections 5747.51 and 5747.62 of the
Revised Code and may take such amounts into consideration when 14,816
determining whether to reduce the taxing authority of a
subdivision.
(H)(1) Each board of education shall include in its tax 14,818
budget and shall establish a reserve balance account to 14,820
accumulate currently available resources to stabilize the school
district's budget against cyclical changes in revenues and 14,821
expenditures. The balance in the reserve balance account shall 14,822
not at any time be less than five per cent of general fund 14,824
revenues for the most recently concluded fiscal year, except as 14,825
provided in division (H)(2) or (3) of this section, and except 14,826
for deficiencies arising from the appropriation of money from the 14,827
account for unanticipated deficiencies in revenue or other 14,829
emergencies pursuant to a resolution adopted by two-thirds of the 14,830
membership of the board of education specifying the reason for 14,831
the appropriation. The auditor of state and the superintendent
of public instruction jointly shall adopt rules governing 14,832
conditions that constitute unanticipated deficiencies in revenue 14,833
or emergencies for which appropriations may be made from a 14,834
reserve balance account. The rules also shall provide that a 14,835
board of education that borrows against its spending reserve 14,837
established in its tax budget for a fiscal year under division 14,838
(F) of this section is not subject to division (H)(2) of this 14,839
311
section for that fiscal year. A board of education shall not 14,840
appropriate money from a reserve balance account without filing a 14,842
schedule for replenishing the account with the superintendent of 14,843
public instruction and receiving approval of the schedule from 14,844
the superintendent of public instruction. 14,845
(2)(a) Beginning with the fiscal year ending in 1999 and 14,847
continuing each fiscal year until the balance in the reserve 14,848
balance account equals five per cent of the district's revenues 14,850
received for current expenses for the preceding fiscal year, if 14,851
the growth in a district's total revenues received for current
expenses from one fiscal year to the next is AT LEAST three per 14,852
cent or more, the board of education shall credit to its reserve 14,854
balance account, from the general fund or from other sources that 14,856
may lawfully be credited to the general fund, an amount not less 14,857
than one per cent of the revenue received for current expenses 14,858
for the fiscal year, at which time the balance in the reserve 14,859
balance account shall be maintained THAT, WHEN ADDED TO THE 14,860
ACCOUNT BALANCE, IS NOT LESS THAN: 14,861
(i) ONE PER CENT OF REVENUES RECEIVED FOR CURRENT EXPENSES 14,863
FOR THE PRIOR FISCAL YEAR; PLUS 14,864
(ii) THE SUM OF THE AMOUNTS CREDITED UNDER THIS SECTION 14,866
FOR ALL FISCAL YEARS THAT AMOUNTS WERE REQUIRED TO BE CREDITED 14,867
UNDER THIS SECTION.
EACH BOARD SHALL MAINTAIN THE BALANCE IN THE DISTRICT'S 14,869
RESERVE BALANCE ACCOUNT AT NOT LESS THAN FIVE PER CENT OF THE 14,870
DISTRICT'S REVENUES RECEIVED FOR CURRENT EXPENSES FOR THE 14,871
PRECEDING FISCAL YEAR, EXCEPT as otherwise required AUTHORIZED 14,872
under division (H)(1) of this section. 14,873
(b) NOTWITHSTANDING DIVISION (H)(2)(a) OF THIS SECTION, IN 14,876
NO YEAR SHALL A BOARD BE REQUIRED TO CREDIT TO ITS RESERVE 14,877
BALANCE ACCOUNT MORE THAN ONE PER CENT OF REVENUES RECEIVED FOR
CURRENT EXPENSES FOR THE PRIOR FISCAL YEAR. 14,878
(3) The balance in the reserve balance account of a school 14,881
district may be less than five per cent of the general fund 14,882
312
revenue for the most recently concluded fiscal year in any fiscal 14,883
year in which the school district is in a state of fiscal watch 14,884
or fiscal emergency pursuant to section 3316.03 of the Revised 14,885
Code.
(4) Notwithstanding any provision to the contrary in 14,887
Chapter 4117. of the Revised Code, the requirements of division 14,888
(H) of this section prevail over any conflicting provisions of 14,890
agreements between employee organizations and public employers 14,891
entered into after November 21, 1997. 14,892
(5) Notwithstanding division (H)(2) of this section, a 14,894
school district may, pursuant to rules adopted by the auditor of 14,895
state, credit less than one per cent of its prior year's revenue 14,896
received for current expenses into its reserve balance account. 14,897
(6) A SCHOOL DISTRICT BOARD MAY APPLY TO THE STATE 14,906
SUPERINTENDENT OF PUBLIC INSTRUCTION FOR A ONE-TIME WAIVER OF THE 14,907
DEPOSIT REQUIREMENTS OF DIVISION (H)(2) OF THIS SECTION WHEN IT 14,909
DETERMINES THAT MEETING THE REQUIREMENTS IN THE CURRENT OR NEXT 14,910
FISCAL YEAR WOULD CAUSE THE DISTRICT TO SIGNIFICANTLY REDUCE OR 14,911
ELIMINATE IMPORTANT EDUCATIONAL SERVICES. THE DISTRICT SHALL 14,912
APPLY IN THE FORM AND MANNER REQUIRED BY THE STATE 14,913
SUPERINTENDENT, AND THE APPLICATION MAY REQUEST A WAIVER OF ALL 14,914
OR PART OF THE DEPOSIT REQUIRED FOR THE CURRENT OR NEXT FISCAL 14,915
YEAR. THE STATE SUPERINTENDENT MAY GRANT A WAIVER IF THE STATE 14,916
SUPERINTENDENT AND THE AUDITOR OF STATE DETERMINE THAT MEETING 14,917
THE REQUIREMENT IN THE CURRENT OR NEXT FISCAL YEAR WOULD CAUSE
THE SCHOOL DISTRICT TO SIGNIFICANTLY REDUCE OR ELIMINATE 14,919
IMPORTANT EDUCATIONAL SERVICES. A WAIVER MAY ENTIRELY EXEMPT THE
DISTRICT FROM MAKING ANY DEPOSIT INTO ITS RESERVE BALANCE ACCOUNT 14,921
DURING THE CURRENT OR NEXT FISCAL YEAR OR, REGARDLESS OF WHETHER 14,922
THE DISTRICT BOARD APPLIED FOR A WAIVER OF THE ENTIRE DEPOSIT, 14,923
MAY SIMPLY REDUCE THE AMOUNT OF THE DEPOSIT OTHERWISE REQUIRED
DURING THE CURRENT OR NEXT FISCAL YEAR BY DIVISION (H)(2) OF THIS 14,924
SECTION. A WAIVER IS VALID FOR ONE FISCAL YEAR: EITHER THE 14,925
FISCAL YEAR IN WHICH THE DISTRICT BOARD APPLIED FOR IT OR THE 14,926
313
IMMEDIATELY FOLLOWING FISCAL YEAR. A DISTRICT BOARD MAY RECEIVE 14,927
ONLY ONE WAIVER UNDER DIVISION (H)(6) OF THIS SECTION. 14,928
(I) NOTWITHSTANDING DIVISION (H)(2) OF THIS SECTION, 14,930
WHENEVER A CITY, LOCAL, EXEMPTED VILLAGE, OR JOINT VOCATIONAL 14,932
SCHOOL DISTRICT RECEIVES FROM THE BUREAU OF WORKERS' COMPENSATION 14,933
A REFUND OR OTHER REIMBURSEMENT OF MONEY THAT THE DISTRICT 14,934
PREVIOUSLY PAID TO THE BUREAU, THE DISTRICT SHALL DEPOSIT THE 14,935
FULL AMOUNT OF THE REFUND OR OTHER REIMBURSEMENT INTO THE 14,936
DISTRICT'S RESERVE BALANCE ACCOUNT, UNLESS THE ACCOUNT ALREADY 14,937
CONTAINS FIVE PER CENT OF THE DISTRICT'S REVENUES RECEIVED FOR 14,938
CURRENT EXPENSES FOR THE PRECEDING YEAR AS PRESCRIBED IN DIVISION 14,939
(H)(2)(a) OF THIS SECTION. A DISTRICT MAY CREDIT ANY AMOUNT IT 14,941
DEPOSITS INTO THAT ACCOUNT UNDER THIS DIVISION TOWARD ANY MINIMUM 14,942
DEPOSIT REQUIRED FOR THE ACCOUNT IN THAT FISCAL YEAR. 14,943
Sec. 5705.412. Notwithstanding section 5705.41 of the 14,952
Revised Code, no school district shall adopt any appropriation 14,953
measure, make any contract, give any order involving the 14,954
expenditure of money, or increase during any school year any wage 14,955
or salary schedule unless there is attached thereto a certificate 14,956
signed by the treasurer and president of the board of education 14,957
and the superintendent that the school district has in effect for 14,958
the remainder of the fiscal year and the succeeding fiscal year 14,959
the authorization to levy taxes including the renewal or 14,960
replacement of existing levies which, when combined with the 14,961
estimated revenue from all other sources available to the 14,962
district at the time of certification, are sufficient to provide 14,963
the operating revenues necessary to enable the district to 14,964
maintain all personnel, programs, and services essential to the 14,966
provision of an adequate educational program for all the days set
forth in its adopted school calendars for the current fiscal year 14,967
and for a number of days in the succeeding fiscal year equal to 14,968
the number of days instruction was held or is scheduled for the 14,969
current fiscal year. However, a certificate attached to an 14,971
appropriation measure under this section shall cover only the 14,972
314
fiscal year in which the appropriation measure is effective and 14,973
shall not consider the renewal or replacement of an existing levy 14,974
as the authority to levy taxes that are subject to appropriation 14,975
in the current fiscal year unless the renewal or replacement levy 14,976
has been approved by the electors and is subject to appropriation 14,977
in the current fiscal year. In addition, a certificate attached, 14,979
in accordance with this section, to any contract shall cover the 14,980
term of the contract or the current fiscal year plus the two 14,981
immediately succeeding fiscal years, whichever period of years is 14,982
greater. If the board of education has not adopted a school 14,984
calendar for the school year beginning on the first day of the 14,985
fiscal year in which a certificate is required, the certificate 14,986
attached to an appropriation measure shall include the number of 14,987
days on which instruction was held in the preceding fiscal year 14,988
and other certificates required under this section shall include 14,989
that number of days for the fiscal year in which the certificate 14,990
is required and the succeeding fiscal year. Every contract made, 14,991
order given, or schedule adopted or put into effect without such 14,992
a certificate shall be void, and no payment of any amount due 14,993
thereon shall be made. The department of education and the 14,994
auditor of state jointly shall develop rules governing the 14,995
methods by which treasurers, presidents of boards of education, 14,996
and superintendents shall estimate revenue and determine whether 14,997
such revenue is sufficient to provide necessary operating revenue 14,999
for the purpose of making certifications required by this 15,000
section.
The auditor of state shall be responsible for determining 15,003
whether school districts are in compliance with this section. At 15,005
the time a school district is audited pursuant to section 117.11 15,006
of the Revised Code, the auditor of state shall review each 15,007
certificate issued under this section since the district's last 15,008
audit, and the appropriation measure, contract, order, or wage 15,009
and salary schedule to which such certificate was attached. This 15,010
provision shall not preclude any court from making a 15,011
315
determination regarding compliance with this section. If 15,012
noncompliance is determined, the provisions of section 117.28 of 15,013
the Revised Code shall have effect. 15,014
The treasurer shall forward a copy of each certificate of 15,016
available resources required under this section to the auditor of 15,017
any county in which a part of the district is located. The 15,018
county auditor shall not distribute property taxes or any payment 15,019
under Chapter 3317. of the Revised Code to a school district that 15,020
has not forwarded copies of all such certificates. If a county 15,021
auditor determines that a copy of a certificate has not been 15,022
forwarded as required, or has reason to believe that a 15,023
certificate for which a copy has been forwarded contains false 15,024
statements or that a certificate has not been signed and attached 15,025
to an appropriation measure, contract, order, or wage and salary 15,026
schedule as required by this section, the auditor shall provide 15,027
immediate written notification to the superintendent of public 15,028
instruction. In the case of a certificate which the auditor has 15,029
reason to believe contains false information or the failure to 15,030
sign and attach a certificate as required, the auditor shall also 15,031
provide immediate written notification to the auditor of state 15,032
and the county prosecuting attorney, city director of law, or 15,033
other chief law officer of the district. 15,034
This section does not apply to any contract, order, or 15,036
increase in any wage or salary schedule that is necessary in 15,037
order to enable a board of education to comply with division (B) 15,038
of section 3317.13 of the Revised Code, provided the contract, 15,039
order, or increase does not exceed the amount required to be paid 15,040
to be in compliance with such division. 15,041
Any officer, employee, or other person who knowingly 15,043
expends or authorizes the expenditure of any public funds or 15,044
knowingly authorizes or executes any contract, order, or schedule 15,045
contrary to this section, knowingly expends or authorizes the 15,046
expenditure of any public funds on the void contract, order, or 15,047
schedule, or knowingly issues a certificate under this section 15,048
316
which contains any false statements is liable to the school 15,049
district for the full amount paid from the district's funds on 15,050
the contract, order, or schedule. The officer, employee, or 15,051
other person is jointly and severally liable in person and upon 15,052
any official bond that the officer, employee, or other person has 15,054
given to the school district to the extent of any payments on the 15,055
void claim, not to exceed twenty thousand dollars. However, no 15,056
officer, employee, or other person shall be liable for a mistaken 15,057
estimate of available resources made in good faith and based upon 15,058
reasonable grounds. If an officer, employee, or other person is 15,059
found to have complied with rules adopted by the department of 15,060
education under this section governing methods by which revenue 15,061
shall be estimated and determined sufficient to provide necessary 15,062
operating revenue for the purpose of making certifications 15,063
required by this section, the officer, employee, or other person 15,064
shall not be liable under this section if the estimates and 15,065
determinations made according to those rules do not, in fact, 15,066
conform with actual revenue. The prosecuting attorney of the 15,068
county, the city director of law, or other chief law officer of 15,069
the district shall enforce this liability by civil action brought 15,070
in any court of appropriate jurisdiction in the name of and on 15,071
behalf of the school district. If the prosecuting attorney, city 15,072
director of law, or other chief law officer of the district 15,073
fails, upon the written request of any taxpayer, to institute 15,074
action for the enforcement of the liability, the taxpayer may 15,075
institute the action in the taxpayer's own name in behalf of the 15,077
subdivision.
This section does not require the attachment of an 15,079
additional certificate beyond that required by section 5705.41 of 15,080
the Revised Code for any purchase order, for current payrolls of, 15,081
or contracts of employment with, regular employees or officers. 15,082
This section does not require the attachment of a 15,084
certificate to a temporary appropriation measure if all of the 15,085
following apply: 15,086
317
(A) The amount appropriated does not exceed twenty-five 15,088
per cent of the total amount from all sources available for 15,089
expenditure from any fund during the preceding fiscal year; 15,090
(B) The measure will not be in effect on or after the 15,092
thirtieth day following the earliest date on which the district 15,093
may pass an annual appropriation measure; 15,094
(C) An amended official certificate of estimated resources 15,096
for the current year, if required, has not been certified to the 15,097
board of education under division (B) of section 5705.36 of the 15,098
Revised Code. 15,099
Sec. 5747.01. Except as otherwise expressly provided or 15,108
clearly appearing from the context, any term used in this chapter 15,109
has the same meaning as when used in a comparable context in the 15,110
Internal Revenue Code, and all other statutes of the United 15,111
States relating to federal income taxes. 15,112
As used in this chapter: 15,114
(A) "Adjusted gross income" or "Ohio adjusted gross 15,116
income" means adjusted gross income as defined and used in the 15,117
Internal Revenue Code, adjusted as provided in divisions (A)(1) 15,119
to (17) of this section:
(1) Add interest or dividends on obligations or securities 15,121
of any state or of any political subdivision or authority of any 15,122
state, other than this state and its subdivisions and 15,123
authorities.
(2) Add interest or dividends on obligations of any 15,125
authority, commission, instrumentality, territory, or possession 15,126
of the United States that are exempt from federal income taxes 15,127
but not from state income taxes. 15,128
(3) Deduct interest or dividends on obligations of the 15,130
United States and its territories and possessions or of any 15,131
authority, commission, or instrumentality of the United States to 15,132
the extent included in federal adjusted gross income but exempt 15,133
from state income taxes under the laws of the United States. 15,134
(4) Deduct disability and survivor's benefits to the 15,136
318
extent included in federal adjusted gross income. 15,137
(5) Deduct benefits under Title II of the Social Security 15,139
Act and tier 1 railroad retirement benefits to the extent 15,140
included in federal adjusted gross income under section 86 of the 15,141
Internal Revenue Code. 15,142
(6) Add, in the case of a taxpayer who is a beneficiary of 15,144
a trust that makes an accumulation distribution as defined in 15,145
section 665 of the Internal Revenue Code, the portion, if any, of 15,146
such distribution that does not exceed the undistributed net 15,147
income of the trust for the three taxable years preceding the 15,148
taxable year in which the distribution is made. "Undistributed 15,149
net income of a trust" means the taxable income of the trust 15,150
increased by (a)(i) the additions to adjusted gross income 15,151
required under division (A) of this section and (ii) the personal 15,152
exemptions allowed to the trust pursuant to section 642(b) of the 15,153
Internal Revenue Code, and decreased by (b)(i) the deductions to 15,154
adjusted gross income required under division (A) of this 15,155
section, (ii) the amount of federal income taxes attributable to 15,156
such income, and (iii) the amount of taxable income that has been 15,157
included in the adjusted gross income of a beneficiary by reason 15,158
of a prior accumulation distribution. Any undistributed net 15,159
income included in the adjusted gross income of a beneficiary 15,160
shall reduce the undistributed net income of the trust commencing 15,161
with the earliest years of the accumulation period. 15,162
(7) Deduct the amount of wages and salaries, if any, not 15,164
otherwise allowable as a deduction but that would have been 15,165
allowable as a deduction in computing federal adjusted gross 15,166
income for the taxable year, had the targeted jobs credit allowed 15,167
and determined under sections 38, 51, and 52 of the Internal 15,168
Revenue Code not been in effect. 15,169
(8) Deduct any interest or interest equivalent on public 15,171
obligations and purchase obligations to the extent included in 15,172
federal adjusted gross income. 15,173
(9) Add any loss or deduct any gain resulting from the 15,175
319
sale, exchange, or other disposition of public obligations to the 15,176
extent included in federal adjusted gross income. 15,177
(10) Regarding tuition credits purchased under Chapter 15,179
3334. of the Revised Code: 15,180
(a) Deduct the following: 15,182
(i) For credits that as of the end of the taxable year 15,185
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 15,187
amount of income related to the credits, to the extent included 15,188
in federal adjusted gross income;
(ii) For credits that during the taxable year have been 15,191
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 15,192
the total purchase price of the tuition credits refunded over the 15,193
amount of refund, to the extent the amount of the excess was not 15,194
deducted in determining federal adjusted gross income;. 15,195
(b) Add the following: 15,197
(i) For credits that as of the end of the taxable year 15,200
have not been refunded pursuant to the termination of a tuition
payment contract under section 3334.10 of the Revised Code, the 15,201
amount of loss related to the credits, to the extent the amount 15,202
of the loss was deducted in determining federal adjusted gross 15,203
income;
(ii) For credits that during the taxable year have been 15,206
refunded pursuant to the termination of a tuition payment
contract under section 3334.10 of the Revised Code, the excess of 15,208
the amount of refund over the purchase price of each tuition 15,209
credit refunded, to the extent not included in federal adjusted 15,210
gross income.
(11) Deduct, in the case of a self-employed individual as 15,212
defined in section 401(c)(1) of the Internal Revenue Code and to 15,213
the extent not otherwise allowable as a deduction in computing 15,214
federal adjusted gross income for the taxable year, the amount 15,215
paid during the taxable year for insurance that constitutes 15,217
320
medical care for the taxpayer, the taxpayer's spouse, and
dependents. No deduction under division (A)(11) of this section 15,219
shall be allowed to any taxpayer who is eligible to participate 15,220
in any subsidized health plan maintained by any employer of the 15,221
taxpayer or of the spouse of the taxpayer. No deduction under 15,222
division (A)(11) of this section shall be allowed to the extent 15,223
that the sum of such deduction and any related deduction 15,224
allowable in computing federal adjusted gross income for the 15,225
taxable year exceeds the taxpayer's earned income, within the 15,226
meaning of section 401(c) of the Internal Revenue Code, derived 15,227
by the taxpayer from the trade or business with respect to which 15,228
the plan providing the medical coverage is established. 15,229
(12) Deduct any amount included in federal adjusted gross 15,231
income solely because the amount represents a reimbursement or 15,232
refund of expenses that in a previous year the taxpayer had 15,233
deducted as an itemized deduction pursuant to section 63 of the 15,234
Internal Revenue Code and applicable United States department of 15,236
the treasury regulations.
(13) Deduct any portion of the deduction described in 15,238
section 1341(a)(2) of the Internal Revenue Code, for repaying 15,239
previously reported income received under a claim of right, that 15,240
meets both of the following requirements: 15,241
(a) It is allowable for repayment of an item that was 15,243
included in the taxpayer's adjusted gross income for a prior 15,244
taxable year and did not qualify for a credit under division (A) 15,245
or (B) of section 5747.05 of the Revised Code for that year; 15,246
(b) It does not otherwise reduce the taxpayer's adjusted 15,248
gross income for the current or any other taxable year. 15,249
(14) Deduct an amount equal to the deposits made to, and 15,251
net investment earnings of, a medical savings account during the 15,252
taxable year, in accordance with section 3924.66 of the Revised 15,253
Code. The deduction allowed by division (A)(14) of this section 15,254
does not apply to medical savings account deposits and earnings 15,255
otherwise deducted or excluded for the current or any other 15,256
321
taxable year from the taxpayer's federal adjusted gross income. 15,257
(15)(a) Add an amount equal to the funds withdrawn from a 15,259
medical savings account during the taxable year, and the net 15,260
investment earnings on those funds, when the funds withdrawn were 15,261
used for any purpose other than to reimburse an account holder 15,262
for, or to pay, eligible medical expenses, in accordance with 15,263
section 3924.66 of the Revised Code;
(b) Add the amounts distributed from a medical savings 15,265
account under division (A)(2) of section 3924.68 of the Revised 15,266
Code during the taxable year. 15,267
(16) Add any amount claimed as a credit under section 15,269
5747.059 of the Revised Code to the extent that such amount 15,270
satisfies either of the following:
(a) The amount was deducted or excluded from the 15,272
computation of the taxpayer's federal adjusted gross income as 15,273
required to be reported for the taxpayer's taxable year under the 15,274
Internal Revenue Code;
(b) The amount resulted in a reduction of the taxpayer's 15,276
federal adjusted gross income as required to be reported for any 15,277
of the taxpayer's taxable years under the Internal Revenue Code. 15,278
(17) Deduct the amount contributed by the taxpayer to an 15,280
individual development account program established by a county 15,281
department of human services pursuant to sections 329.11 to 15,282
329.14 of the Revised Code for the purpose of matching funds 15,283
deposited by program participants. On request of the tax 15,284
commissioner, the taxpayer shall provide any information that, in
the tax commissioner's opinion, is necessary to establish the 15,285
amount deducted under division (A)(17) of this section. 15,286
(18) BEGINNING IN TAXABLE YEAR 2001, IF THE TAXPAYER IS 15,288
MARRIED AND FILES A JOINT RETURN AND THE COMBINED FEDERAL 15,290
ADJUSTED GROSS INCOME OF THE TAXPAYER AND THE TAXPAYER'S SPOUSE 15,291
FOR THE TAXABLE YEAR DOES NOT EXCEED ONE HUNDRED THOUSAND
DOLLARS, OR IF THE TAXPAYER IS SINGLE AND HAS A FEDERAL ADJUSTED 15,293
GROSS INCOME FOR THE TAXABLE YEAR NOT EXCEEDING FIFTY THOUSAND 15,294
322
DOLLARS, DEDUCT AMOUNTS PAID DURING THE TAXABLE YEAR FOR 15,295
QUALIFIED TUITION AND FEES PAID TO AN ELIGIBLE INSTITUTION FOR 15,296
THE TAXPAYER, THE TAXPAYER'S SPOUSE, OR ANY DEPENDENT OF THE 15,297
TAXPAYER, WHO IS A RESIDENT OF THIS STATE AND IS ENROLLED IN OR 15,299
ATTENDING A PROGRAM THAT CULMINATES IN A DEGREE OR DIPLOMA AT AN 15,300
ELIGIBLE INSTITUTION. THE DEDUCTION MAY BE CLAIMED ONLY TO THE 15,301
EXTENT THAT QUALIFIED TUITION AND FEES ARE NOT OTHERWISE DEDUCTED 15,302
OR EXCLUDED FOR ANY TAXABLE YEAR FROM FEDERAL OR OHIO ADJUSTED 15,303
GROSS INCOME. THE DEDUCTION MAY NOT BE CLAIMED FOR EDUCATIONAL 15,304
EXPENSES FOR WHICH THE TAXPAYER CLAIMS A CREDIT UNDER SECTION 15,305
5747.27 OF THE REVISED CODE.
(19) ADD ANY REIMBURSEMENT RECEIVED DURING THE TAXABLE 15,307
YEAR OF ANY AMOUNT THE TAXPAYER DEDUCTED UNDER DIVISION (A)(18) 15,308
OF THIS SECTION IN ANY PREVIOUS TAXABLE YEAR TO THE EXTENT THE 15,309
AMOUNT IS NOT OTHERWISE INCLUDED IN OHIO ADJUSTED GROSS INCOME. 15,310
(B) "Business income" means income arising from 15,312
transactions, activities, and sources in the regular course of a 15,313
trade or business and includes income from tangible and 15,314
intangible property if the acquisition, rental, management, and 15,315
disposition of the property constitute integral parts of the 15,316
regular course of a trade or business operation. 15,317
(C) "Nonbusiness income" means all income other than 15,319
business income and may include, but is not limited to, 15,320
compensation, rents and royalties from real or tangible personal 15,321
property, capital gains, interest, dividends and distributions, 15,322
patent or copyright royalties, or lottery winnings, prizes, and 15,323
awards. 15,324
(D) "Compensation" means any form of remuneration paid to 15,326
an employee for personal services. 15,327
(E) "Fiduciary" means a guardian, trustee, executor, 15,329
administrator, receiver, conservator, or any other person acting 15,330
in any fiduciary capacity for any individual, trust, or estate. 15,331
(F) "Fiscal year" means an accounting period of twelve 15,333
months ending on the last day of any month other than December. 15,334
323
(G) "Individual" means any natural person. 15,336
(H) "Internal Revenue Code" means the "Internal Revenue 15,338
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 15,339
(I) "Resident" means: 15,341
(1) An individual who is domiciled in this state, subject 15,343
to section 5747.24 of the Revised Code; 15,344
(2) The estate of a decedent who at the time of death was 15,347
domiciled in this state. The domicile tests of section 5747.24 15,348
of the Revised Code and any election under section 5747.25 of the 15,349
Revised Code are not controlling for purposes of division (I)(2) 15,350
of this section.
(J) "Nonresident" means an individual or estate that is 15,352
not a resident. An individual who is a resident for only part of 15,353
a taxable year is a nonresident for the remainder of that taxable 15,354
year. 15,355
(K) "Pass-through entity" has the same meaning as in 15,357
section 5733.04 of the Revised Code. 15,358
(L) "Return" means the notifications and reports required 15,360
to be filed pursuant to this chapter for the purpose of reporting 15,361
the tax due and includes declarations of estimated tax when so 15,362
required. 15,363
(M) "Taxable year" means the calendar year or the 15,365
taxpayer's fiscal year ending during the calendar year, or 15,366
fractional part thereof, upon which the adjusted gross income is 15,367
calculated pursuant to this chapter. 15,368
(N) "Taxpayer" means any person subject to the tax imposed 15,370
by section 5747.02 of the Revised Code or any pass-through entity 15,371
that makes the election under division (D) of section 5747.08 of 15,372
the Revised Code.
(O) "Dependents" means dependents as defined in the 15,374
Internal Revenue Code and as claimed in the taxpayer's federal 15,375
income tax return for the taxable year or which the taxpayer 15,376
would have been permitted to claim had the taxpayer filed a 15,377
federal income tax return. 15,379
324
(P) "Principal county of employment" means, in the case of 15,381
a nonresident, the county within the state in which a taxpayer 15,382
performs services for an employer or, if those services are 15,383
performed in more than one county, the county in which the major 15,384
portion of the services are performed. 15,385
(Q) As used in sections 5747.50 to 5747.55 of the Revised 15,387
Code:
(1) "Subdivision" means any county, municipal corporation, 15,389
park district, or township. 15,390
(2) "Essential local government purposes" includes all 15,392
functions that any subdivision is required by general law to 15,393
exercise, including like functions that are exercised under a 15,394
charter adopted pursuant to the Ohio Constitution. 15,395
(R) "Overpayment" means any amount already paid that 15,397
exceeds the figure determined to be the correct amount of the 15,398
tax. 15,399
(S) "Taxable income" applies to estates only and means 15,401
taxable income as defined and used in the Internal Revenue Code 15,402
adjusted as follows: 15,403
(1) Add interest or dividends on obligations or securities 15,405
of any state or of any political subdivision or authority of any 15,406
state, other than this state and its subdivisions and 15,407
authorities; 15,408
(2) Add interest or dividends on obligations of any 15,410
authority, commission, instrumentality, territory, or possession 15,411
of the United States that are exempt from federal income taxes 15,412
but not from state income taxes; 15,413
(3) Add the amount of personal exemption allowed to the 15,415
estate pursuant to section 642(b) of the Internal Revenue Code; 15,416
(4) Deduct interest or dividends on obligations of the 15,418
United States and its territories and possessions or of any 15,419
authority, commission, or instrumentality of the United States 15,420
that are exempt from state taxes under the laws of the United 15,421
States; 15,422
325
(5) Deduct the amount of wages and salaries, if any, not 15,424
otherwise allowable as a deduction but that would have been 15,425
allowable as a deduction in computing federal taxable income for 15,426
the taxable year, had the targeted jobs credit allowed under 15,427
sections 38, 51, and 52 of the Internal Revenue Code not been in 15,428
effect; 15,429
(6) Deduct any interest or interest equivalent on public 15,431
obligations and purchase obligations to the extent included in 15,432
federal taxable income; 15,433
(7) Add any loss or deduct any gain resulting from sale, 15,435
exchange, or other disposition of public obligations to the 15,436
extent included in federal taxable income; 15,437
(8) Except in the case of the final return of an estate, 15,439
add any amount deducted by the taxpayer on both its Ohio estate 15,440
tax return pursuant to section 5731.14 of the Revised Code, and 15,441
on its federal income tax return in determining either federal 15,442
adjusted gross income or federal taxable income; 15,443
(9) Deduct any amount included in federal taxable income 15,445
solely because the amount represents a reimbursement or refund of 15,446
expenses that in a previous year the decedent had deducted as an 15,447
itemized deduction pursuant to section 63 of the Internal Revenue 15,448
Code and applicable treasury regulations; 15,449
(10) Deduct any portion of the deduction described in 15,451
section 1341(a)(2) of the Internal Revenue Code, for repaying 15,452
previously reported income received under a claim of right, that 15,453
meets both of the following requirements: 15,454
(a) It is allowable for repayment of an item that was 15,456
included in the taxpayer's taxable income or the decedent's 15,457
adjusted gross income for a prior taxable year and did not 15,458
qualify for a credit under division (A) or (B) of section 5747.05 15,459
of the Revised Code for that year. 15,460
(b) It does not otherwise reduce the taxpayer's taxable 15,462
income or the decedent's adjusted gross income for the current or 15,463
any other taxable year. 15,464
326
(11) Add any amount claimed as a credit under section 15,466
5747.059 of the Revised Code to the extent that the amount 15,467
satisfies either of the following: 15,468
(a) The amount was deducted or excluded from the 15,470
computation of the taxpayer's federal taxable income as required 15,471
to be reported for the taxpayer's taxable year under the Internal 15,472
Revenue Code;
(b) The amount resulted in a reduction in the taxpayer's 15,474
federal taxable income as required to be reported for any of the 15,475
taxpayer's taxable years under the Internal Revenue Code. 15,476
(T) "School district income" and "school district income 15,478
tax" have the same meanings as in section 5748.01 of the Revised 15,479
Code. 15,480
(U) As used in divisions (A)(8), (A)(9), (S)(6), and 15,482
(S)(7) of this section, "public obligations," "purchase 15,483
obligations," and "interest or interest equivalent" have the same 15,484
meanings as in section 5709.76 of the Revised Code. 15,485
(V) "Limited liability company" means any limited 15,487
liability company formed under Chapter 1705. of the Revised Code 15,488
or under the laws of any other state. 15,489
(W) "Pass-through entity investor" means any person who, 15,491
during any portion of a taxable year of a pass-through entity, is 15,492
a partner, member, shareholder, or investor in that pass-through 15,493
entity.
(X) "Banking day" has the same meaning as in section 15,495
1304.01 of the Revised Code. 15,496
(Y) "Month" means a calendar month. 15,498
(Z) "Quarter" means the first three months, the second 15,500
three months, the third three months, or the last three months of 15,501
the taxpayer's taxable year.
(AA)(1) "ELIGIBLE INSTITUTION" MEANS A STATE UNIVERSITY OR 15,503
STATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 15,504
3345.011 OF THE REVISED CODE, OR A PRIVATE, NONPROFIT COLLEGE, 15,505
UNIVERSITY, OR OTHER POST-SECONDARY INSTITUTION LOCATED IN THIS 15,506
327
STATE THAT POSSESSES A CERTIFICATE OF AUTHORIZATION ISSUED BY THE 15,507
OHIO BOARD OF REGENTS PURSUANT TO CHAPTER 1713. OF THE REVISED
CODE OR A CERTIFICATE OF REGISTRATION ISSUED BY THE STATE BOARD 15,508
OF PROPRIETARY SCHOOL REGISTRATION UNDER CHAPTER 3332. OF THE 15,509
REVISED CODE.
(2) "QUALIFIED TUITION AND FEES" MEANS TUITION AND FEES 15,511
IMPOSED BY AN ELIGIBLE INSTITUTION AS A CONDITION OF ENROLLMENT 15,512
OR ATTENDANCE, NOT EXCEEDING TWO THOUSAND FIVE HUNDRED DOLLARS IN 15,513
EACH OF THE INDIVIDUAL'S FIRST TWO YEARS OF POST-SECONDARY 15,514
EDUCATION. IF THE INDIVIDUAL IS A PART-TIME STUDENT, "QUALIFIED 15,515
TUITION AND FEES" INCLUDES TUITION AND FEES PAID FOR THE ACADEMIC
EQUIVALENT OF THE FIRST TWO YEARS OF POST-SECONDARY EDUCATION 15,516
DURING A MAXIMUM OF FIVE TAXABLE YEARS, NOT EXCEEDING A TOTAL OF 15,517
FIVE THOUSAND DOLLARS. "QUALIFIED TUITION AND FEES" DOES NOT 15,518
INCLUDE:
(a) EXPENSES FOR ANY COURSE OR ACTIVITY INVOLVING SPORTS, 15,520
GAMES, OR HOBBIES UNLESS THE COURSE OR ACTIVITY IS PART OF THE 15,521
INDIVIDUAL'S DEGREE OR DIPLOMA PROGRAM; 15,522
(b) THE COST OF BOOKS, ROOM AND BOARD, STUDENT ACTIVITY 15,524
FEES, ATHLETIC FEES, INSURANCE EXPENSES, OR OTHER EXPENSES 15,525
UNRELATED TO THE INDIVIDUAL'S ACADEMIC COURSE OF INSTRUCTION; 15,526
(c) TUITION, FEES, OR OTHER EXPENSES PAID OR REIMBURSED 15,528
THROUGH AN EMPLOYER, SCHOLARSHIP, GRANT IN AID, OR OTHER 15,529
EDUCATIONAL BENEFIT PROGRAM.
(BB) Any term used in this chapter that is not otherwise 15,531
defined in this section and that is not used in a comparable 15,533
context in the Internal Revenue Code and other statutes of the 15,534
United States relating to federal income taxes has the same 15,535
meaning as in section 5733.40 of the Revised Code. 15,536
Sec. 5910.032. (A) A war orphans scholarship, as provided 15,545
under sections 5910.01 to 5910.06 of the Revised Code, shall be 15,546
granted to the child of any person who, in the course of 15,547
honorable service in the armed services of the United States, was 15,548
declared by the United States department of defense to be a
328
prisoner of war or missing in action as a result of the United 15,549
States' participation in armed conflict on or after January 1, 15,551
1960, and who IF EITHER OF THE FOLLOWING APPLY: 15,552
(1) THE PARENT, at the time of entry into the armed 15,554
services of the United States, or at the time the person PARENT 15,556
was declared to be a prisoner of war or missing in action, was a 15,557
resident of Ohio;
(2) IF THE PARENT DID NOT ENTER THE ARMED SERVICES AS A 15,559
RESIDENT OF OHIO AND WAS NOT A RESIDENT OF OHIO WHEN DECLARED A 15,560
PRISONER OF WAR OR MISSING IN ACTION, THE CHILD HAS RESIDED IN 15,561
OHIO FOR THE YEAR IMMEDIATELY PRECEDING THE YEAR IN WHICH THE 15,562
APPLICATION FOR THE SCHOLARSHIP IS MADE AND ANY FOUR OF THE LAST 15,563
TEN YEARS. Such
THE scholarships shall be in addition to the total number 15,565
of scholarships provided under section 5910.05 of the Revised 15,566
Code. Notwithstanding section 5910.03 of the Revised Code, 15,567
scholarships provided under this section shall be made to any 15,568
such child who, at the time of application, has attained the 15,569
sixteenth, but not the twenty-first, birthday. The termination 15,571
of a child's parent or guardian's status as a prisoner of war or 15,572
being missing in action does not affect such child's eligibility
for the benefit provided by this section. 15,573
(B) Scholarships provided under this section shall consist 15,575
of either of the following: 15,576
(1) A scholarship of the type described in division (A) of 15,578
section 5910.04 of the Revised Code together with reasonable and 15,579
necessary expenses for room, board, books, and laboratory fees. 15,580
The additional amount for such expenses shall be paid from moneys 15,581
appropriated by the general assembly for such purpose. 15,582
(2) A scholarship of the type described in division (B) of 15,584
section 5910.04 of the Revised Code together with an additional 15,585
grant equal to the average value of the reasonable and necessary 15,586
expenses granted under division (B)(1) of this section during the 15,587
preceding year for room, board, books, and laboratory fees. The 15,588
329
additional grant shall be paid from moneys appropriated by the
general assembly for such purpose, and shall be paid to the child 15,590
through the institution in which the child is enrolled. In no 15,591
case shall the additional grant exceed the amount actually 15,593
expended by the child for room, board, books, and laboratory 15,594
fees.
Sec. 5919.34. (A) As used in this section: 15,603
(1) "ACADEMIC TERM" MEANS ANY ONE OF THE FOLLOWING: 15,605
(a) FALL TERM, WHICH CONSISTS OF FALL SEMESTER OR FALL 15,607
QUARTER, AS APPROPRIATE; 15,608
(b) WINTER TERM, WHICH CONSISTS OF WINTER SEMESTER, WINTER 15,610
QUARTER, OR SPRING SEMESTER, AS APPROPRIATE; 15,611
(c) SPRING TERM, WHICH CONSISTS OF SPRING QUARTER; 15,613
(d) SUMMER TERM, WHICH CONSISTS OF SUMMER SEMESTER OR 15,615
SUMMER QUARTER, AS APPROPRIATE. 15,616
(2) "Eligible applicant" means any individual to whom all 15,618
of the following apply: 15,619
(a) The individual does not possess a baccalaureate 15,621
degree;.
(b) The individual has enlisted, re-enlisted, or extended 15,624
current enlistment in the Ohio national guard;. 15,625
(c) The individual is actively enrolled as a full-time or 15,628
part-time student for at least six credit hours of course work in 15,629
a semester or quarter in a two-year or four-year degree-granting 15,630
program at an institution of higher education or in a 15,631
diploma-granting program at an institution of higher education 15,633
that is a school of nursing;. 15,634
(d) The individual has not accumulated ninety-six 15,636
eligibility units under division (E) of this section. 15,637
(2)(3) "Institution of higher education" means an Ohio 15,640
institution of higher education that is state-assisted, that is 15,641
nonprofit and has received a certificate of authorization from 15,642
the Ohio board of regents pursuant to Chapter 1713. of the 15,644
Revised Code, or that holds a certificate of registration and 15,647
330
program authorization issued by the state board of proprietary 15,648
school registration pursuant to section 3332.05 of the Revised 15,649
Code. 15,650
(3)(4) "State university" has the same meaning as in 15,652
section 3345.011 of the Revised Code. 15,654
(5) "OHIO INSTRUCTIONAL GRANT" MEANS AN INSTRUCTIONAL 15,656
GRANT PAID TO AN ELIGIBLE STUDENT THROUGH THE INSTRUCTIONAL GRANT 15,658
PROGRAM UNDER SECTION 3333.12 OF THE REVISED CODE. 15,659
(6) "PELL GRANT" MEANS A GRANT PAID TO AN ELIGIBLE 15,661
INSTITUTION UNDER SECTION 1070a OF TITLE 20 OF THE UNITED STATES 15,665
CODE. 15,666
(7) "STUDENT CHOICE GRANT" MEANS A GRANT PAID TO AN 15,668
ELIGIBLE RESIDENT OF THIS STATE UNDER SECTION 3333.27 OF THE 15,669
REVISED CODE. 15,670
(B)(1) There is hereby created an instructional grant A 15,673
SCHOLARSHIP program to be known as the Ohio national guard 15,675
tuition grant SCHOLARSHIP program. The FOR THE FISCAL YEAR 2000, 15,676
THE number of participants in the program FOR THE FALL TERM IS 15,681
LIMITED TO THE EQUIVALENT OF TWO THOUSAND FIVE HUNDRED FULL-TIME
PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE 15,683
WINTER TERM IS LIMITED TO THE EQUIVALENT OF TWO THOUSAND FIVE 15,684
HUNDRED FULL-TIME PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE 15,685
PROGRAM FOR THE SPRING TERM IS LIMITED TO THE EQUIVALENT OF ONE 15,687
THOUSAND SIX HUNDRED SEVENTY-FIVE FULL-TIME PARTICIPANTS; AND THE 15,688
NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM IS 15,689
LIMITED TO THE EQUIVALENT OF SIX HUNDRED FULL-TIME PARTICIPANTS. 15,690
EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION FOR THE 15,692
FISCAL YEAR 2001 AND SUCCEEDING FISCAL YEARS, THE NUMBER OF 15,693
PARTICIPANTS IN THE PROGRAM FOR THE FALL TERM IS LIMITED TO THE 15,694
EQUIVALENT OF THREE THOUSAND FIVE HUNDRED FULL-TIME PARTICIPANTS; 15,695
THE NUMBER OF PARTICIPANTS IN THE PROGRAM FOR THE WINTER TERM IS 15,696
LIMITED TO THE EQUIVALENT OF THREE THOUSAND FIVE HUNDRED 15,698
FULL-TIME PARTICIPANTS; THE NUMBER OF PARTICIPANTS IN THE PROGRAM 15,700
FOR THE SPRING TERM IS LIMITED TO THE EQUIVALENT OF TWO THOUSAND
331
THREE HUNDRED FORTY-FIVE FULL-TIME PARTICIPANTS; AND THE NUMBER 15,701
OF PARTICIPANTS IN THE PROGRAM FOR THE SUMMER TERM is limited to 15,704
four thousand per academic term THE EQUIVALENT OF EIGHT HUNDRED 15,705
FULL-TIME PARTICIPANTS. NO MEMBER OF THE NATIONAL GUARD MAY 15,708
RECEIVE A SCHOLARSHIP UNDER THE OHIO NATIONAL GUARD SCHOLARSHIP 15,709
PROGRAM UNLESS THE MEMBER APPLIES FOR AND ACCEPTS ALL AVAILABLE 15,710
OHIO INSTRUCTIONAL GRANTS, STUDENT CHOICE GRANTS, AND PELL 15,711
GRANTS.
(2) AFTER THE APPLICATION DEADLINE FOR ANY ACADEMIC TERM 15,713
IN FISCAL YEAR 2001, THE ADJUTANT GENERAL MAY REQUEST THE 15,714
CONTROLLING BOARD, IF SUFFICIENT APPROPRIATED FUNDS ARE 15,715
AVAILABLE, TO APPROVE THE FOLLOWING NUMBER OF ADDITIONAL 15,716
PARTICIPANTS FOR THAT TERM:
(a) FOR THE FALL OR WINTER ACADEMIC TERM, UP TO THE 15,718
EQUIVALENT OF FIVE HUNDRED ADDITIONAL FULL-TIME PARTICIPANTS; 15,720
(b) FOR THE SPRING ACADEMIC TERM, UP TO THE EQUIVALENT OF 15,722
THREE HUNDRED SEVENTY-FIVE ADDITIONAL FULL-TIME PARTICIPANTS; 15,724
(c) FOR THE SUMMER ACADEMIC TERM, UP TO THE EQUIVALENT OF 15,726
ONE HUNDRED TWENTY-FIVE ADDITIONAL FULL-TIME PARTICIPANTS. 15,727
(C) If the adjutant general estimates that appropriations 15,729
for all instructional grants SCHOLARSHIPS applied for under this 15,730
section and likely to be used during a AN ACADEMIC term are 15,732
inadequate for all eligible applicants for that ACADEMIC term to 15,734
receive grants SCHOLARSHIPS, the adjutant general shall promptly 15,737
inform all applicants not receiving grants SCHOLARSHIPS for that 15,739
ACADEMIC term of the next ACADEMIC term that appropriations will 15,740
be adequate for the grants SCHOLARSHIPS. Any such eligible 15,741
applicant may again apply for grants A SCHOLARSHIP beginning that 15,743
ACADEMIC term if the applicant is in compliance with all 15,744
requirements established by this section and the adjutant general 15,745
for the program. The adjutant general shall process all 15,747
applications for instructional grants SCHOLARSHIPS for each 15,748
ACADEMIC term in the order in which they are received. The 15,751
grants SCHOLARSHIPS shall be made without regard to financial 15,752
332
need. At no time shall one person be placed in priority over 15,753
another because of sex, race, or religion. 15,754
(D) For EXCEPT AS PROVIDED IN DIVISION (H) OF THIS 15,756
SECTION, FOR each ACADEMIC term that an eligible applicant is 15,757
approved for an instructional grant A SCHOLARSHIP under this 15,760
section and remains a current member in good standing of the Ohio 15,762
national guard, the institution of higher education in which the 15,763
applicant is enrolled shall, if the applicant's enlistment 15,765
obligation extends beyond the end of that ACADEMIC term, be paid 15,766
on the applicant's behalf the applicable one of the following 15,767
amounts:
(1) If the institution is state-assisted, an amount equal 15,769
to sixty ONE HUNDRED per cent of the institution's tuition 15,772
charges, REDUCED BY THE AMOUNT OF ANY ASSISTANCE THE MEMBER 15,774
RECEIVES FROM OHIO INSTRUCTIONAL GRANTS AND STUDENT CHOICE 15,775
GRANTS, AND BY ONE-HALF OF THE AMOUNT OF PELL GRANTS THE MEMBER 15,776
RECEIVES;
(2) If the institution is a nonprofit private institution, 15,778
an amount equal to sixty ONE HUNDRED per cent of the average 15,779
tuition charges of all state universities, REDUCED BY THE AMOUNT 15,781
OF ANY ASSISTANCE THE MEMBER RECEIVES FROM OHIO INSTRUCTIONAL 15,782
GRANTS AND STUDENT CHOICE GRANTS, AND BY ONE-HALF OF THE AMOUNT
OF PELL GRANTS THE MEMBER RECEIVES; 15,783
(3) If the institution is an institution that holds a 15,785
certificate of registration from the state board of proprietary 15,786
school registration, the lesser of the following: 15,787
(a) An amount equal to sixty ONE HUNDRED per cent of the 15,790
total instructional and general charges of the institution,
REDUCED BY THE AMOUNT OF ANY ASSISTANCE THE MEMBER RECEIVES FROM 15,792
OHIO INSTRUCTIONAL GRANTS AND STUDENT CHOICE GRANTS, AND BY 15,793
ONE-HALF OF THE AMOUNT OF PELL GRANTS THE MEMBER RECEIVES; 15,794
(b) An amount equal to sixty ONE HUNDRED per cent of the 15,796
average tuition charges of all state universities, REDUCED BY THE 15,797
AMOUNT OF ANY ASSISTANCE THE MEMBER RECEIVES FROM OHIO 15,798
333
INSTRUCTIONAL GRANTS AND STUDENT CHOICE GRANTS, AND BY ONE-HALF 15,799
OF THE AMOUNT OF PELL GRANTS THE MEMBER RECEIVES. 15,800
(4) AN ELIGIBLE APPLICANT'S SCHOLARSHIP SHALL NOT BE 15,802
REDUCED BY THE AMOUNT OF THAT APPLICANT'S BENEFITS UNDER "THE 15,803
MONTGOMERY G.I. BILL ACT OF 1984," PUB. L. NO. 98-525, 98 STAT. 15,809
2553 (1984). 15,810
(E) A grant SCHOLARSHIP recipient under this section shall 15,812
be entitled to receive instructional grants SCHOLARSHIPS under 15,813
this section for the number of quarters or semesters it takes the 15,815
recipient to accumulate ninety-six eligibility units as 15,817
determined under divisions (E)(1) to (3) of this section.
(1) To determine the maximum number of semesters or 15,820
quarters for which a recipient is entitled to grants A 15,821
SCHOLARSHIP under this section, the adjutant general shall 15,822
convert a recipient's credit hours of enrollment for each 15,823
ACADEMIC term into eligibility units in accordance with the 15,824
following table:
Number of The The 15,832
credit following following
hours of number of number of
enrollment eligibility eligibility
in a AN units if units if 15,833
ACADEMIC a a quarter
term equals semester or
15,833
12 or more hours 12 units 8 units 15,838
9 but less than 12 9 units 6 units 15,839
6 but less than 9 6 units 4 units 15,840
(2) A grant SCHOLARSHIP recipient under this section may 15,843
continue to apply for grants SCHOLARSHIPS under this section 15,845
until the recipient has accumulated ninety-six eligibility units. 15,847
(3) If a grant SCHOLARSHIP recipient withdraws from 15,849
courses prior to the end of a AN ACADEMIC term so that the 15,851
recipient's enrollment for that ACADEMIC term is less than six 15,853
334
credit hours, no grant SCHOLARSHIP shall be paid on behalf of 15,855
that person for that ACADEMIC term except that, if a grant 15,856
SCHOLARSHIP has already been paid on behalf of the person for 15,857
that ACADEMIC term, the adjutant general shall add to that 15,858
person's accumulated eligibility units the number of eligibility 15,859
units for which the grant SCHOLARSHIP was paid. 15,860
(F) A grant SCHOLARSHIP recipient under this section who 15,863
fails to complete the term of enlistment, re-enlistment, or 15,864
extension of current enlistment the recipient was serving at the 15,865
time an instructional grant A SCHOLARSHIP was paid on behalf of 15,866
the recipient under this section is liable to the state for 15,868
repayment of a percentage of all instructional grants OHIO 15,869
NATIONAL GUARD SCHOLARSHIPS paid on behalf of the recipient under 15,871
this section, plus interest at the rate of ten per cent per annum 15,873
calculated from the dates the grants SCHOLARSHIPS were paid. 15,874
This percentage shall equal the percentage of the current term of 15,876
enlistment, re-enlistment, or extension of enlistment a recipient 15,877
has not completed as of the date the recipient is discharged from 15,878
the Ohio national guard. 15,879
The attorney general may commence a civil action on behalf 15,881
of the adjutant general to recover the amount of the grants 15,882
SCHOLARSHIPS and the interest provided for in this division and 15,884
the expenses incurred in prosecuting the action, including court 15,886
costs and reasonable attorney's fees. A grant SCHOLARSHIP 15,888
recipient is not liable under this division if the recipient's 15,889
failure to complete the term of enlistment being served at the 15,891
time an instructional grant A SCHOLARSHIP was paid on behalf of 15,893
the recipient under this section is due to the recipient's death; 15,894
discharge from the national guard due to disability; or the 15,896
recipient's enlistment, for a term not less than the recipient's 15,897
remaining term in the national guard, in the active COMPONENT OF 15,899
THE UNITED STATES ARMED FORCES or THE ACTIVE reserve forces 15,900
COMPONENT of the United States armed forces. 15,901
(G) On or before the first day of each ACADEMIC term, the 15,903
335
adjutant general shall provide an eligibility roster to each 15,904
institution of higher education at which one or more 15,905
instructional grant SCHOLARSHIP recipients have applied for 15,907
enrollment. The institution shall use the roster to certify the 15,909
actual full-time or part-time enrollment of each instructional 15,911
grant SCHOLARSHIP recipient listed as enrolled at the institution 15,914
and return the roster to the adjutant general within thirty days 15,915
after the first day of the ACADEMIC term. Within thirty days 15,917
after the adjutant general receives all the rosters, he THE 15,919
ADJUTANT GENERAL SHALL REPORT TO THE OHIO BOARD OF REGENTS THE 15,920
NUMBER OF STUDENTS IN THE OHIO NATIONAL GUARD SCHOLARSHIP PROGRAM 15,921
AT EACH INSTITUTION OF HIGHER EDUCATION. THE OHIO BOARD OF 15,922
REGENTS SHALL PROVIDE FOR PAYMENT OF THE APPROPRIATE NUMBER AND 15,923
AMOUNT OF SCHOLARSHIPS TO EACH INSTITUTION OF HIGHER EDUCATION 15,924
PURSUANT TO DIVISION (D) OF THIS SECTION. THE ADJUTANT GENERAL 15,925
shall report ON A QUARTERLY BASIS to the director of budget and 15,926
management, the speaker of the house of representatives, and the 15,927
president of the senate the number of students in the tuition 15,928
grant program OHIO NATIONAL GUARD SCHOLARSHIP RECIPIENTS and a 15,929
projection of the cost of the program for the remainder of the 15,931
biennium.
(H) IF A MEMBER RECEIVED AN INSTRUCTIONAL GRANT UNDER THE 15,933
OHIO NATIONAL GUARD TUITION GRANT PROGRAM PRIOR TO THE EFFECTIVE 15,935
DATE OF THIS AMENDMENT AND IF THE AMOUNT OF THAT INSTRUCTIONAL 15,936
GRANT WAS LARGER THAN THE AMOUNT THAT WILL BE PAID ON BEHALF OF 15,937
THE MEMBER TO AN INSTITUTION UNDER DIVISION (D) OF THIS SECTION, 15,938
THE MEMBER MAY REQUEST THAT THE ADJUTANT GENERAL WAIVE THE 15,939
REDUCTION BY ONE-HALF OF THE AMOUNT OF PELL GRANTS THE MEMBER 15,940
RECEIVES OF THE AMOUNT THAT IS PAID ON BEHALF OF THE MEMBER TO 15,941
THE APPLICABLE INSTITUTION UNDER DIVISION (D) OF THIS SECTION. 15,942
THE REQUEST SHALL BE IN WRITING AND SHALL INCLUDE FACTS TO 15,943
SUPPORT THE MEMBER'S ALLEGATION THAT THE MEMBER'S PRIOR
INSTRUCTIONAL GRANT WAS LARGER THAN THE AMOUNT THAT IS PAID ON 15,945
BEHALF OF THE MEMBER UNDER DIVISION (D) OF THIS SECTION. UPON 15,946
336
RECEIPT OF A REQUEST FROM A MEMBER UNDER THIS DIVISION AND FACTS 15,947
TO SUPPORT THE REQUEST, THE ADJUTANT GENERAL MAY WAIVE THE 15,949
REDUCTION BY ONE-HALF OF THE AMOUNT OF PELL GRANTS THE MEMBER 15,950
RECEIVES OF THE AMOUNT THAT IS PAID ON BEHALF OF THE MEMBER TO 15,951
THE APPLICABLE INSTITUTION UNDER DIVISION (D) OF THIS SECTION.
Section 2. That existing sections 9.90, 109.57, 125.05, 15,953
125.13, 1111.01, 3301.011, 3301.0711, 3301.0714, 3301.80, 15,955
3301.801, 3301.86, 3301.87, 3301.88, 3301.91, 3302.01, 3302.02, 15,957
3302.03, 3302.07, 3311.19, 3311.213, 3311.24, 3313.376, 3313.603,
3313.608, 3313.61, 3313.611, 3313.612, 3313.613, 3313.981, 15,959
3314.02, 3314.03, 3314.05, 3314.06, 3314.08, 3314.09, 3314.11, 15,960
3314.12, 3314.13, 3315.17, 3316.05, 3316.06, 3317.01, 3317.02, 15,961
3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 15,962
3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 3317.11, 15,963
3317.162, 3317.51, 3318.01, 3318.011, 3318.05, 3318.06, 3318.08, 15,964
3318.081, 3318.082, 3318.13, 3318.14, 3318.15, 3318.16, 3318.17, 15,965
3318.18, 3318.21, 3318.25, 3318.26, 3318.29, 3318.31, 3318.35, 15,966
3319.22, 3319.235, 3332.05, 3332.07, 3332.084, 3332.085, 3333.04, 15,967
3333.12, 3333.27, 3345.22, 3365.01, 3365.02, 3365.03, 3365.041, 15,968
3365.05, 3365.07, 3365.09, 3770.06, 4117.101, 5126.12, 5126.16, 15,969
5705.29, 5705.412, 5747.01, 5910.032, and 5919.34 and sections 15,970
3313.21, 3313.974, 3313.975, 3313.976, 3313.977, 3313.978, 15,971
3313.979, 3317.0214, 3317.053, 3317.16, 3318.23, 3318.24, and 15,972
3318.27 of the Revised Code are hereby repealed.
Section 3. Except as otherwise provided, all appropriation 15,974
line items (ALI) in this act are hereby appropriated out of any 15,975
moneys in the state treasury to the credit of the designated 15,976
fund, which are not otherwise appropriated. For all 15,977
appropriations made in this act, those amounts in the first 15,978
column are for fiscal year 2000 and those amounts in the second
column are for fiscal year 2001. 15,979
FND ALI ALI TITLE FY 2000 FY 2001 15,980
Section 4. EDU DEPARTMENT OF EDUCATION 15,983
General Revenue Fund 15,985
337
GRF 200-100 Personal Services $ 12,190,600 $ 12,265,000 15,990
GRF 200-320 Maintenance and 15,992
Equipment $ 8,961,654 $ 5,293,979 15,994
GRF 200-406 Head Start $ 97,992,016 $ 101,843,825 15,998
GRF 200-408 Public Preschool $ 19,066,606 $ 19,506,205 16,002
GRF 200-410 Professional 16,004
Development $ 27,093,834 $ 27,918,834 16,006
GRF 200-411 Family and Children 16,008
First $ 10,642,188 $ 10,642,188 16,010
GRF 200-416 Vocational Education 16,012
Match $ 2,325,916 $ 2,381,738 16,014
GRF 200-420 Technical Systems 16,016
Development $ 4,950,000 $ 3,850,000 16,018
GRF 200-422 School Management 16,020
Assistance $ 1,387,186 $ 1,440,836 16,022
GRF 200-424 Policy Analysis $ 505,354 $ 637,655 16,026
GRF 200-426 Ohio Educational 16,028
Computer Network $ 25,089,772 $ 37,004,086 16,030
GRF 200-431 School Improvement 16,032
Models $ 26,900,000 $ 26,775,000 16,034
GRF 200-432 School Conflict 16,036
Management $ 611,645 $ 621,524 16,038
GRF 200-437 Student Proficiency $ 16,097,983 $ 15,692,045 16,042
GRF 200-441 American Sign 16,044
Language $ 231,449 $ 237,003 16,046
GRF 200-442 Child Care Licensing $ 1,477,003 $ 1,518,359 16,050
GRF 200-445 OhioReads 16,052
Admin/Volunteer
Support $ 5,000,000 $ 5,000,000 16,054
GRF 200-446 Education Management 16,056
Information System $ 13,799,674 $ 12,649,674 16,058
GRF 200-447 GED Testing/Adult 16,060
High School $ 2,033,187 $ 2,081,983 16,062
GRF 200-455 Community Schools $ 3,500,000 $ 3,500,000 16,066
338
GRF 200-500 School Finance Equity $ 47,115,689 $ 33,756,194 16,070
GRF 200-501 Base Cost Funding $3,451,299,752 $3,762,343,963 16,074
GRF 200-502 Pupil Transportation $ 265,946,768 $ 291,182,101 16,078
GRF 200-503 Bus Purchase 16,080
Allowance $ 38,132,291 $ 39,047,466 16,082
GRF 200-505 School Lunch Match $ 9,450,000 $ 9,450,000 16,086
GRF 200-509 Adult Literacy 16,088
Education $ 9,361,964 $ 9,586,651 16,090
GRF 200-511 Auxiliary Services $ 110,255,190 $ 118,083,309 16,094
GRF 200-513 Summer Intervention $ 15,500,000 $ 15,500,000 16,098
GRF 200-514 Post-Secondary/Adult 16,100
Vocational Education $ 21,254,866 $ 23,230,243 16,102
GRF 200-520 Disadvantaged Pupil 16,104
Impact Aid $ 390,708,953 $ 390,708,953 16,106
GRF 200-521 Gifted Pupil Program $ 41,923,505 $ 44,060,601 16,110
GRF 200-524 Educational 16,112
Excellence and
Competency $ 12,473,666 $ 11,009,667 16,114
GRF 200-532 Nonpublic 16,116
Administrative Cost
Reimbursement $ 48,062,292 $ 51,474,714 16,118
GRF 200-533 School-Age Child Care $ 1,070,720 $ 1,096,417 16,122
GRF 200-534 Desegregation Costs $ 12,000,000 $ 11,700,000 16,126
GRF 200-540 Special Education 16,128
Enhancements $ 127,842,848 $ 139,220,164 16,130
GRF 200-545 Vocational Education 16,132
Enhancements $ 30,318,259 $ 31,389,607 16,134
GRF 200-546 Charge-Off Supplement $ 10,000,000 $ 14,000,000 16,138
GRF 200-547 Power Equalization $ 21,900,000 $ 34,700,000 16,142
GRF 200-551 Reading Improvement $ 1,704,454 $ 1,745,361 16,146
GRF 200-552 County MR/DD Boards 16,148
Vehicle Purchases $ 1,627,152 $ 1,666,204 16,150
GRF 200-553 County MR/DD Boards 16,152
Transportation
339
Operating $ 8,326,400 $ 9,575,910 16,154
GRF 200-558 Emergency Loan 16,156
Interest Subsidy $ 6,940,447 $ 5,470,150 16,158
GRF 200-566 OhioReads Grants $ 25,000,000 $ 25,000,000 16,162
GRF 200-570 School Improvement 16,164
Incentive Grants $ 10,000,000 $ 10,000,000 16,166
GRF 200-572 Teacher Incentive 16,168
Grants $ 5,000,000 $ 0 16,170
GRF 200-573 Character Education $ 1,050,000 $ 1,050,000 16,174
GRF 200-574 Substance Abuse 16,176
Prevention $ 2,300,000 $ 2,420,000 16,178
GRF 200-575 12th Grade 16,180
Proficiency Stipend $ 17,500,000 $ 17,500,000 16,182
GRF 200-580 River Valley School 16,184
Environmental Issues $ 350,000 $ 0 16,186
GRF 200-901 Property Tax 16,188
Allocation -
Education $ 636,200,000 $ 673,960,000 16,190
GRF 200-906 Tangible Tax 16,192
Exemption - Education $ 69,000,000 $ 71,000,000 16,194
TOTAL GRF General Revenue Fund $5,729,471,283 $6,141,787,610 16,197
General Services Fund Group 16,200
138 200-606 Computer Services $ 4,255,067 $ 4,374,209 16,205
4D1 200-602 Ohio 16,207
Prevention/Education
Resource Center $ 310,000 $ 325,000 16,209
4L2 200-681 Teacher Certification 16,211
and Licensure $ 3,774,544 $ 3,880,232 16,213
452 200-638 Miscellaneous Revenue $ 1,045,000 $ 1,045,000 16,217
5H3 200-687 School District 16,219
Solvency Assistance $ 30,000,000 $ 30,000,000 16,221
596 200-656 Ohio Career 16,223
Information System $ 699,399 $ 718,084 16,225
TOTAL GSF General Services 16,226
340
Fund Group $ 40,084,010 $ 40,342,525 16,229
Federal Special Revenue Fund Group 16,232
309 200-601 Educationally 16,235
Disadvantaged $ 14,444,213 $ 14,872,241 16,237
366 200-604 Adult Basic Education $ 14,901,137 $ 14,901,137 16,240
3H9 200-605 Head Start 16,242
Collaboration Project $ 250,000 $ 250,000 16,244
367 200-607 School Food Services $ 9,492,000 $ 9,783,000 16,248
3T4 200-613 Public Charter 16,250
Schools $ 3,157,895 $ 4,725,000 16,252
368 200-614 Veterans' Training $ 609,517 $ 626,584 16,256
369 200-616 Vocational Education $ 7,500,000 $ 8,000,000 16,260
3L6 200-617 Federal School Lunch $ 163,500,000 $ 170,500,000 16,264
3L7 200-618 Federal School 16,266
Breakfast $ 40,500,000 $ 44,500,000 16,268
3L8 200-619 Child and Adult Care 16,270
Programs $ 58,600,000 $ 58,600,000 16,272
3L9 200-621 Vocational Education 16,274
Basic Grant $ 55,583,418 $ 57,139,754 16,276
3M0 200-623 ESEA Chapter One $ 375,633,666 $ 394,415,350 16,280
370 200-624 Education of All 16,282
Handicapped Children $ 1,594,949 $ 1,320,000 16,284
3T5 200-625 Coordinated School 16,286
Health $ 536,437 $ 536,437 16,288
3N7 200-627 School-to-Work $ 13,864,500 $ 14,252,706 16,292
371 200-631 EEO Title IV $ 488,052 $ 508,917 16,296
374 200-647 E.S.E.A. Consolidated 16,298
Grants $ 107,096 $ 110,094 16,300
376 200-653 J.T.P.A. $ 5,123,365 $ 5,266,819 16,304
3R3 200-654 Goals 2000 $ 19,453,001 $ 20,425,651 16,308
378 200-660 Math/Science 16,310
Technology
Investments $ 11,686,926 $ 12,271,272 16,312
341
3C5 200-661 Federal Dependent 16,314
Care Programs $ 17,996,709 $ 17,996,709 16,316
3D1 200-664 Drug Free Schools $ 20,026,500 $ 20,587,242 16,320
3D2 200-667 Honors Scholarship 16,322
Program $ 1,976,400 $ 2,371,680 16,324
3E2 200-668 AIDS Education 16,326
Project $ 620,774 $ 620,774 16,328
3S7 200-673 Child Care School Age $ 5,135,000 $ 5,278,000 16,332
3M1 200-678 ESEA Chapter Two $ 61,901,429 $ 16,591,501 16,336
3M2 200-680 Ind W/Disab Education 16,338
Act $ 143,000,000 $ 162,000,000 16,340
3P9 200-686 SRRC/FRC Evaluation 16,342
Project $ 51,350 $ 52,788 16,344
TOTAL FED Federal Special 16,345
Revenue Fund Group $1,047,734,334 $1,058,503,656 16,348
State Special Revenue Fund Group 16,351
4M4 200-637 Emergency Service 16,354
Telecommunication
Training $ 762,548 $ 783,899 16,356
4R7 200-695 Indirect Cost 16,358
Recovery $ 2,868,561 $ 2,948,881 16,360
4V7 200-633 Interagency 16,362
Vocational Support $ 645,359 $ 663,429 16,364
454 200-610 Guidance and Testing $ 503,912 $ 516,484 16,368
455 200-608 Commodity Foods $ 8,000,000 $ 8,000,000 16,372
5B1 200-651 Child Nutrition 16,374
Services $ 2,500,000 $ 2,500,000 16,376
598 200-659 Auxiliary Services 16,378
Mobile Units $ 1,292,714 $ 1,328,910 16,380
620 200-615 Educational Grants $ 1,500,000 $ 1,500,000 16,384
TOTAL SSR State Special Revenue 16,385
Fund Group $ 18,073,094 $ 18,241,603 16,388
Lottery Profits Education Fund Group 16,391
017 200-612 Base Cost Funding $ 656,247,000 $ 660,467,000 16,396
342
017 200-682 Lease Rental Payment 16,398
Reimbursement $ 29,753,000 $ 29,733,000 16,400
TOTAL LPE Lottery Profits 16,401
Education Fund Group $ 686,000,000 $ 690,200,000 16,404
TOTAL ALL BUDGET FUND GROUPS $7,521,362,721 $7,949,075,394 16,407
Section 4.01. Personal Services 16,410
Of the foregoing appropriation item 200-100, Personal 16,412
Services, $120,000 in each fiscal year shall be used to support 16,413
the salary and fringe benefits of a teacher in residence and 16,414
support staff at the Governor's Office.
Of the foregoing appropriation item 200-100, Personal 16,416
Services, up to $250,000 in fiscal year 2000 shall be used by the 16,417
Department of Education to contract with an independent 16,418
researcher to conduct a study of the educational and fiscal 16,419
benefits of sharing services, programs, and facilities in school
districts that are declared to be in a state of academic 16,420
emergency under division (B) of section 3302.03 of the Revised 16,421
Code or declared to be in a state of fiscal emergency under 16,422
section 3316.03 of the Revised Code. The study shall pay 16,423
particular attention to the academic benefits of school district 16,424
sharing services and shall examine the feasibility of joint use
of facilities and joint provision of programs by school 16,425
districts. The department shall submit the completed study to 16,426
the General Assembly and the Governor by December 31, 1999. 16,427
Maintenance and Equipment 16,429
Of the foregoing appropriation item 200-320, Maintenance 16,431
and Equipment, up to $25,000 may be expended in each year of the 16,432
biennium for State Board of Education out-of-state travel. 16,433
Of the foregoing appropriation item 200-320, Maintenance 16,435
and Equipment, $4,000,000 in fiscal year 2000 shall be reserved 16,436
to fund expenses associated with the Department of Education's 16,437
move from the Ohio Departments Building. The unencumbered 16,438
balance of the appropriation at the end of fiscal year 2000 is 16,439
hereby transferred to fiscal year 2001 to pay the cost of the
343
move of the Department of Education from the Ohio Departments 16,440
Building.
Of the foregoing appropriation item 200-320, Maintenance 16,442
and Equipment, $30,000 in each fiscal year shall be used to fund 16,443
the travel expenses and administrative overhead of the Teacher in 16,444
Residence and support staff at the Governor's Office. 16,445
Of the foregoing appropriation item 200-320, Maintenance 16,447
and Equipment, up to $17,675 in fiscal year 2000 shall be used to 16,448
fund the acquisition and shipping costs associated with providing 16,449
one copy of the book "Letters Home: The Letters of the Ohio 16,450
Veterans Plaza," and a videotape of the dedication of the Ohio 16,451
Veterans Plaza to each public high school library in the state.
Of the foregoing appropriation item 200-320, Maintenance 16,453
and Equipment, up to $350,000 in fiscal year 2001 shall be 16,454
reserved for the expenses of the Auditor of State, if necessary, 16,455
subject to approval of the Controlling Board.
Section 4.02. Head Start 16,457
Of the foregoing appropriation item 200-406, Head Start, 16,459
$1,000,000 in each fiscal year shall be used for the Waterford 16,460
Reading Program. The remainder of the appropriation shall be 16,461
distributed by the Department of Education to Head Start 16,462
agencies. A "Head Start agency" means an entity that has been 16,463
approved to be an agency in accordance with Section 641 (42 16,465
U.S.C. 9836) of the Head Start Act and amendments thereto, or an 16,466
entity designated for state Head Start funding under this 16,468
section. Participation in state funded Head Start programs is
voluntary.
Moneys distributed under this heading shall not be used to 16,470
reduce expenditures from funds received by a Head Start agency 16,471
from any other sources. Section 3301.31 of the Revised Code does 16,472
not apply to funds distributed under this heading. In lieu of 16,473
section 3301.31 of the Revised Code, distribution of moneys under 16,474
this heading shall be as follows:
(A) In fiscal years 2000 and 2001, up to two per cent of 16,476
344
the remaining appropriation may be used by the department for 16,477
administrative costs of complying with this section; developing 16,478
program capacity; and assisting programs with facilities 16,480
planning, construction, renovation, or lease agreements in
combination with the Community Development Finance Fund (CDFF). 16,481
Up to $3,000,000 in fiscal year 2000 and $1,500,000 in fiscal 16,482
year 2001 may be used for training in early literacy for Head 16,483
Start classroom teachers and administrators to support the 16,484
OhioReads Initiative.
(B) The department shall provide an annual report to the 16,486
Governor, the Speaker of the House of Representatives, the 16,487
President of the Senate, the State Board of Education, Head Start 16,488
grantees, and other interested parties. The report shall include 16,489
the following:
(1) The number and per cent of eligible children by county 16,491
and by grantee;
(2) The amount of state funds requested for continuation 16,493
per grantee; 16,494
(3) The amount of state funds received for continuation 16,496
per grantee; 16,497
(4) A summary of program performance on the state critical 16,499
performance indicators; 16,500
(5) A summary of developmental progress of children 16,502
participating in the state funded Head Start program; 16,503
(6) Any other data reflecting the performance of Head 16,505
Start that the department considers pertinent. 16,506
(C) For purposes of this section, "eligible child" means a 16,508
child who is at least three years of age and not of compulsory 16,509
school age whose family earns no more than 100 per cent of the 16,510
federal poverty level, except as otherwise provided in this 16,511
division.
The Department of Education, in consultation with Head 16,513
Start grantees or their designated representatives, shall 16,514
establish criteria under which individual Head Start grantees may 16,515
345
apply to the department for a waiver to include as "eligible 16,516
children" those children from families earning up to 125 per cent 16,517
of the federal poverty level when the children otherwise qualify 16,518
as "eligible children" under this division. 16,519
The Department of Education, in consultation with the 16,521
Department of Human Services, interested parties, and Head Start 16,522
agencies shall formulate a method for determining an estimate of 16,523
the number of eligible children and the per cent served by 16,524
grantee(s) in each county.
(D) After setting aside amounts to make any payments due 16,526
from the prior fiscal year, in fiscal years 2000 and 2001, funds 16,527
shall first be distributed to recipients of Head Start funds 16,529
during the preceding fiscal year. Awards under this division may 16,531
be reduced by the amount received in that year for one-time
start-up costs and may be adjusted for actual months of program 16,532
operation or enrollment as reported during the first full week of 16,533
December, and may be increased by a reasonable percentage for 16,534
inflation to be determined by the Department of Education and in 16,535
accordance with this section. The department may redistribute 16,536
dollars to programs demonstrating an unmet need based on updated 16,537
assessments of family needs and community resources, with special 16,538
attention to the projected impact of welfare reform. In fiscal
years 2000 and 2001, the department may authorize recipients to 16,539
carry over funds to the subsequent fiscal year. 16,540
The department may reallocate unobligated or unspent money 16,542
to participating Head Start agencies for purposes of program 16,543
expansion, improvement, or special projects to promote excellence 16,544
and innovation.
(E) Costs for developing and administering a Head Start 16,546
program may not exceed fifteen per cent of the total approved 16,547
costs of the program.
All recipients of funds shall maintain such fiscal control 16,549
and accounting procedures as may be necessary to ensure the 16,550
disbursement of, and accounting for, these funds. The control of 16,551
346
funds provided in this program, and title to property obtained 16,552
therefrom, shall be under the authority of the approved recipient 16,553
for purposes provided in the program. The approved recipient 16,554
shall administer and use such property and funds for the purposes 16,555
specified. 16,556
Each recipient shall furnish the department an annual audit 16,558
that includes the review of state funds received under this 16,559
section.
(F) The department shall prescribe target levels for 16,563
critical performance indicators for the purpose of assessing Head 16,564
Start programs. On-site reviews and follow-up visits shall be
based on grantee progress in meeting the prescribed target 16,565
levels.
The department may audit a Head Start agency's financial 16,567
and program records. Head Start agencies that have financial 16,568
practices not in accordance with standard accounting principles, 16,569
that fail to substantially meet the Head Start performance 16,570
standards, or that exhibit below-average performance shall be 16,571
subject to an on-site review. 16,572
The department shall require corrective plans of action for 16,574
programs not achieving target levels or financial and program 16,575
standards. Action plans shall include activities to be conducted 16,577
by the grantee and timelines for activities to be completed and
timelines for additional data submission to the department 16,578
demonstrating targets have been met. The Policy Council 16,579
chairperson and the appropriate grantee board official shall sign 16,580
the corrective plans of action.
Programs not meeting performance targets in accordance with 16,583
the plan of action and prescribed timelines may have their
continuation funding reduced, be disqualified for expansion 16,584
consideration until targets are met, or have all state funds 16,585
withdrawn and a new grantee established.
The department shall require school districts to collect 16,587
"preschool" information by program type. All data shall be 16,588
347
reported via the Education Management Information System (EMIS). 16,589
(G) The department shall require Head Start grantees to 16,591
document child progress, using a common instrument prescribed by 16,592
the department, and report results annually. The department 16,593
shall determine the dates for documenting and reporting. 16,594
The State Board of Education shall adopt rules addressing 16,596
the use of screening and assessment data, including, but not 16,597
limited to, all the following: 16,598
(1) Protection of the identity of individual children 16,600
through assignment of a unique but not personally identifiable 16,601
code;
(2) Parents' rights; 16,603
(3) Use of the data by school personnel as it relates to 16,605
kindergarten entrance. 16,606
(H) New agencies may be designated for state Head Start 16,608
funding if a Head Start agency voluntarily waives its right for 16,609
funding or is de-funded based on performance. 16,610
When such a condition exists, the department shall conduct 16,612
a competitive bidding process to select a new agency to provide 16,613
state funded continuation and/or expansion services. The bidding 16,614
process shall include notices of competitive bidding mailed to 16,615
delegate agencies in the affected area and to newspapers in the 16,616
Head Start service area.
Section 3313.646 of the Revised Code does not apply to 16,618
funds distributed under this section. 16,619
(I) It is the intent of the General Assembly that 16,621
appropriations for appropriation items 200-406, Head Start, and 16,622
200-408, Public Preschool, be available for transfer between Head 16,623
Start and public preschool programs so that unallocated funds may 16,624
be used between the two programs. 16,625
Section 4.03. Public Preschool 16,627
The Department of Education shall distribute the foregoing 16,629
appropriation item 200-408, Public Preschool, to pay the costs of 16,631
comprehensive preschool programs. As used in this section, 16,632
348
"school district" means a city, local, exempted village, or joint 16,633
vocational school district, or an educational service center. 16,635
(A) In fiscal years 2000 and 2001, up to two per cent of 16,637
the total appropriation may be used by the department for 16,638
administrative costs of complying with this section; developing 16,639
program capacity; and assisting programs with facilities 16,641
planning, construction, renovation, or lease agreements in 16,642
conjunction with the Community Development Finance Fund (CDFF).
(B) The department shall provide an annual report to the 16,645
Governor, the Speaker of the House of Representatives, the 16,646
President of the Senate, the State Board of Education, Head Start 16,647
grantees, and other interested parties. The report shall 16,648
include: 16,649
(1) The number and per cent of eligible children by county 16,651
and by school district; 16,652
(2) The amount of state funds requested for continuation 16,654
per school district;
(3) The amount of state funds received for continuation 16,656
per school district;
(4) A summary of program performance on the state critical 16,658
performance indicators in the public preschool program; 16,659
(5) A summary of developmental progress of children 16,661
participating in the state funded public preschool program; 16,662
(6) Any other data reflecting the performance of public 16,664
preschool programs that the department considers pertinent. 16,666
(C) For purposes of this section "eligible child" means a 16,668
child who is at least three years of age whose family earns no 16,670
more than 185 per cent of the federal poverty level.
The Department of Education, in consultation with the 16,672
Department of Human Services, interested parties, and Head Start 16,673
agencies shall formulate a method for determining an estimate of 16,674
the number of eligible children and the percentage served by 16,675
grantees in each county. 16,676
(D) After setting aside amounts to make any payments due 16,678
349
from the prior fiscal year, in fiscal years 2000 and 2001, funds 16,680
shall first be distributed to recipients of funds during the 16,682
preceding fiscal year. Awards under this division may be reduced 16,683
by the amount received in that fiscal year for one-time start-up 16,684
costs and may be adjusted for actual months of program operation 16,685
or enrollment as reported during the first full week of December, 16,686
and may be increased by a reasonable percentage to be determined 16,687
by the Department of Education. The department may redistribute 16,688
dollars to programs demonstrating an unmet need based on updated 16,689
assessments of family needs and community resources, with special 16,690
attention to the projected impact of welfare reform. In fiscal 16,691
years 2000 and 2001, the department may authorize recipients to 16,693
carry over funds to the subsequent fiscal year.
The department may reallocate unobligated or unspent money 16,695
to participating school districts for purposes of program 16,696
expansion, improvement, or special projects to promote excellence 16,697
and innovation. 16,698
(E) Costs for developing and administering a preschool 16,700
program may not exceed fifteen per cent of the total approved 16,701
costs of the program. 16,702
All recipients of funds shall maintain such fiscal control 16,704
and accounting procedures as may be necessary to ensure the 16,705
disbursement of, and accounting for, these funds. The control of 16,706
funds provided in this program, and title to property obtained 16,707
therefrom, shall be under the authority of the approved recipient 16,708
for purposes provided in the program. The approved recipient 16,709
shall administer and use such property and funds for the purposes 16,710
specified. 16,711
(F) The department shall prescribe target levels for 16,713
critical performance indicators for the purpose of assessing 16,714
public preschool programs. On-site reviews and follow-up visits 16,715
shall be based on progress in meeting the prescribed target 16,716
levels.
The department may audit a school district's preschool 16,718
350
financial and program records. School districts that have 16,719
financial practices not in accordance with standard accounting 16,720
principles, that operate preschool programs that fail to 16,721
substantially meet the Head Start performance standards, or that 16,722
exhibit below-average performance shall be subject to an on-site 16,723
review.
The department shall require corrective plans of action for 16,725
programs not achieving target levels or financial and program 16,726
standards. Action plans shall include activities to be conducted 16,727
by the grantee and timelines for activities to be completed and 16,728
timelines for additional data submission to the department 16,729
demonstrating that targets have been met. The appropriate school 16,730
board official shall sign the corrective plans of action. 16,731
Public preschool programs not meeting performance targets 16,733
in accordance with the plan of action and prescribed timelines 16,734
may have their continuation funding reduced, be disqualified for 16,735
expansion consideration until targets are met, or have all state 16,736
funds withdrawn and a new program established. 16,737
(G) The department shall require public preschool programs 16,739
to document child progress, using a common instrument prescribed 16,740
by the department, and report results annually. The department 16,741
shall determine the dates for documenting and reporting. 16,742
The State Board of Education shall adopt rules addressing 16,744
the use of screening and assessment data, including, but not 16,745
limited to, all of the following: 16,746
(1) Protection of the identity of individual children 16,748
through assignment of a unique but not personally identifiable 16,749
code;
(2) Parents' rights; 16,751
(3) Use of the data by school personnel as it relates to 16,753
kindergarten entrance. 16,754
(H) Each school district shall develop a sliding fee scale 16,756
based on the family incomes in the district and shall charge 16,758
families who earn more than the federal poverty level for 16,759
351
preschool.
(I) It is the intent of the General Assembly that 16,761
appropriations for appropriation items 200-406, Head Start, and 16,762
200-408, Public Preschool, be available for transfer between Head 16,764
Start and Public Preschool programs so that unallocated funds may 16,765
be used between the two programs. 16,766
Section 4.04. Professional Development 16,768
Of the foregoing appropriation item 200-410, Professional 16,770
Development, $5,997,829 in each fiscal year shall be used by the 16,771
Department of Education to develop a statewide comprehensive 16,773
system of twelve professional development centers that support 16,774
local educators' ability to foster academic achievement in the 16,775
students they serve. The centers shall include training teachers 16,777
on site-based management concepts to encourage teachers to become 16,778
involved in the management of their schools. 16,779
Of the foregoing appropriation item 200-410, Professional 16,781
Development, $1,321,292 in each fiscal year shall be used by the 16,782
Department of Education to establish programs targeted at 16,783
recruiting under-represented populations into the teaching 16,784
profession. In each year, the appropriation item shall be used 16,785
by the department to include, but not be limited to, alternative 16,786
teacher licensure or certification programs emphasizing the 16,787
recruitment of highly qualified minority candidates into 16,788
teaching, including emphasizing the recruitment of highly 16,789
qualified minority candidates into teaching positions in schools 16,790
which have a high percentage of minority students. The
recruitment programs shall also target recruiting qualified 16,792
candidates available as a result of downsizing of the military 16,793
and business sectors. Funding shall also be targeted to 16,794
statewide, regional, and local programs that are competitively
selected as promising programs demonstrating the potential of 16,795
significantly increasing Ohio's minority teaching force. 16,796
Of the foregoing appropriation item 200-410, Professional 16,798
Development, $9,659,713 in each fiscal year shall be distributed 16,799
352
on a per teacher basis to all school districts and joint 16,800
vocational school districts for locally developed teacher 16,801
training and professional development and for the establishment 16,803
of local professional development committees in all school 16,804
districts and chartered nonpublic schools. School districts and 16,805
joint vocational school districts shall not be precluded from 16,806
using these funds for cooperative activities on a county or 16,807
regional basis. School districts with pass rates of less than 75 16,808
per cent on the fourth grade reading proficiency test shall
allocate no less than 40 per cent of these funds for professional 16,809
development for teachers in elementary literacy skills. 16,810
Of the foregoing appropriation item 200-410, Professional 16,812
Development, $115,000 in each fiscal year shall be used to fund 16,813
public institutions or agencies that provide educational services 16,814
and employ or contract the services of licensed educators for 16,815
establishing local professional development committees pursuant 16,816
to division (C)(5) of section 3319.22 of the Revised Code.
Of the foregoing appropriation item 200-410, Professional 16,818
Development, $2,125,000 in fiscal year 2000 and $2,950,000 in 16,819
fiscal year 2001 shall be used by the Department of Education to 16,821
pay the application fee for teachers from public and chartered 16,822
nonpublic schools applying to the National Board for Professional 16,823
Teaching Standards for professional teaching certificates or 16,826
licenses that the board offers, and to provide grants in each 16,827
fiscal year to recognize and reward teachers who become certified 16,828
by the board pursuant to section 3319.55 of the Revised Code. 16,829
These moneys shall be used to pay for the first 500 16,832
applications in fiscal year 2000 and the first 600 applications 16,833
in fiscal year 2001 received by the department. Each prospective 16,834
applicant for certification or licensure shall submit an 16,835
application to the Department of Education. When the department 16,836
has collected a group of applications, but no later than 30 days 16,837
after receipt of the first application in a group, it shall send
the applications to the National Board for Professional Teaching 16,839
353
Standards along with a check to cover the cost of the application 16,840
fee for all applicants in that group. 16,841
Of the foregoing appropriation item 200-410, Professional 16,843
Development, up to $300,000 shall be used each fiscal year by the 16,844
Department of Education to support the connection of teacher 16,845
applicants to programs, including university programs, that 16,846
enhance applicant learning and professional development during 16,847
the National Board Certification process. 16,848
Of the foregoing appropriation item 200-410, Professional 16,849
Development, up to $1,875,000 in each fiscal year shall be 16,850
allocated for entry year programs. Each fiscal year, up to 16,851
$1,250,000 shall be used for mentors and assessor training, and 16,852
up to $1,475,000 for peer review. The Department of Education
shall select eligible beginning teachers to participate in a 16,853
year-long entry year program that provides guidance and coaching 16,854
by experienced school district and university faculty and regular 16,855
teacher performance assessment. The program is designed to 16,856
assess each beginning teacher with the Education Testing 16,857
Service's Praxis III examination. These funds shall be used to
support the supervisory, teaching, and assessment services 16,858
associated with the pilot residency program in urban, suburban, 16,859
and rural sites.
Of the foregoing appropriation item 200-410, Professional 16,861
Development, up to $650,000 in each fiscal year shall be used to 16,862
continue Ohio leadership academies to develop and train 16,863
superintendents, principals, other administrators, and school 16,864
board members in new leadership and management practices to 16,865
support high performance schools. This training shall be
coordinated with other locally administered leadership programs. 16,866
Of the foregoing appropriation item 200-410, Professional 16,868
Development, up to $850,000 in each fiscal year shall be used to 16,869
support a two-year Principal's Leadership Academy that will serve 16,870
principals and their staff teams. An advisory panel comprised of 16,871
national business and education experts shall advise the Ohio 16,872
354
Department of Education on content and delivery of curriculum and 16,873
instruction.
Of the foregoing appropriation item 200-410, Professional 16,875
Development, up to $975,000 in each fiscal year shall be used to 16,876
establish an entry year program for principals. Grants shall be 16,877
issued to pilot sites that shall develop prototypes of the 16,878
program in a variety of contexts. These sites shall also pilot 16,879
the School Leaders Licensure Assessment, which was developed by
the Educational Testing Service at a cost of $450 per assessment. 16,880
Of the foregoing appropriation item 200-410, Professional 16,882
Development, up to $500,000 in each fiscal year shall be used by 16,883
the Rural Appalachian Initiative to create professional 16,884
development academies for teachers, principals, and
superintendents in the Appalachian region. No funding shall be 16,885
released prior to the Department of Education receiving a 16,886
satisfactory report of the activities conducted by these 16,887
professional development academies during the previous year. 16,888
Section 4.05. Family and Children First 16,890
(A) Of the foregoing appropriation item 200-411, Family 16,892
and Children First, the Department of Education shall transfer up 16,893
to $3,677,188 in each fiscal year by intrastate transfer voucher 16,895
to the Department of Mental Retardation and Developmental 16,896
Disabilities. These funds shall be spent on direct grants to 16,897
county family and children first councils created under section 16,900
121.37 of the Revised Code. The funds shall be used as partial 16,901
support payment and reimbursement for the maintenance and 16,902
treatment costs of multi-need children that come to the attention 16,903
of the Family and Children First Cabinet Council pursuant to 16,904
section 121.37 of the Revised Code. The Department of Mental 16,905
Retardation and Developmental Disabilities shall administer the 16,906
distribution of the direct grants to the county councils. The 16,908
Department of Mental Retardation and Developmental Disabilities 16,910
may use up to five per cent of this amount for administrative 16,911
expenses associated with the distribution of funds to the county 16,912
355
councils.
(B) Of the funds appropriated in this item, up to 16,914
$1,775,000 in each fiscal year shall be used as administrative 16,915
grants to county family and children first councils to provide a 16,917
portion of the salary and fringe benefits necessary to fund 16,918
county council coordinators, administrative support, training, or 16,920
parental involvement. The total initial grant under this 16,921
provision to any county family and children first council shall 16,922
not exceed $20,000. In the event that not all counties in the 16,924
state have established a county council, at the beginning of the 16,925
fourth quarter of a fiscal year, any remaining funds to be used
as administrative grants may be redirected by the Family and 16,926
Children First Cabinet Council to other priorities and 16,927
activities. Of the funds appropriated in this item, up to 16,929
$15,000 shall be used by the Family and Children First Cabinet 16,930
Council for administrative costs, including stipends to family 16,931
representatives participating in approved activities of the 16,932
initiative, educational and informational forums, and technical 16,933
assistance to local family and children first councils. 16,934
(C) Of the foregoing appropriation item 200-411, Family 16,936
and Children First, up to $5,190,000 in each fiscal year shall be 16,938
used to fund school-based or school-linked school readiness 16,939
resource centers in school districts where there is a 16,940
concentration of risk factors to school readiness and success, 16,941
including indicators of poverty, health, and family stability. 16,942
The purpose of these centers is to assist in providing services 16,943
to families of school-age children who want and need support. 16,944
School readiness resource centers shall be located in each 16,946
of the state's 21 urban school districts as defined in division 16,947
(O) of section 3317.02 of the Revised Code, as that section 16,949
existed prior to July 1, 1998. The Ohio Family and Children 16,951
First Cabinet Council, in consultation with the Department of 16,952
Education and school districts, shall identify individual schools 16,953
based on quantitative and qualitative factors that reflect both 16,954
356
the need for school readiness resource centers and the local 16,955
capacity for redesigning, as necessary, a delivery system of 16,956
family support services. The council and the Department of 16,957
Education shall organize and provide technical assistance to the 16,958
school districts and communities in planning, developing, and 16,959
implementing the centers. The council shall also negotiate a
performance agreement that details required program 16,960
characteristics, service options, and expected results. 16,961
Each urban school district and community may receive up to 16,963
$240,000 to maintain three school readiness resource centers that 16,964
are located in or linked to elementary, middle, and high school 16,965
sites that are connected by student assignment patterns within 16,966
the school districts. Each school district shall work with a 16,967
representative of the local family and children first council and 16,969
a representative cross-section of families and community leaders 16,970
in the district to operate the school readiness resource centers 16,971
based upon conditions agreed to in the performance agreement 16,972
negotiated with the state council. 16,973
Up to $50,000 in each fiscal year may be used by the Ohio 16,975
Family and Children First Cabinet Council for an evaluation of 16,976
the effectiveness of the school readiness resource centers. Up 16,977
to $100,000 in each fiscal year may be used by the cabinet 16,978
council to approve technical assistance and oversee the 16,979
implementation of the centers. The administration and management 16,980
of the school readiness resource centers may be contracted out 16,981
through a competitive bidding process established by the cabinet 16,982
council in consultation with the Department of Education. 16,983
Section 4.06. Vocational Education Match 16,985
The foregoing appropriation item 200-416, Vocational 16,987
Education Match, shall be used by the Department of Education to 16,988
provide vocational administration matching funds pursuant to 20 16,989
U.S.C. 2311. 16,990
Technical Systems Development 16,992
The foregoing appropriation item 200-420, Technical Systems 16,994
357
Development, shall be used to support several information system 16,995
development projects that are designed to improve the performance 16,996
and customer service of the Ohio Department of Education. 16,997
Implementation of these systems shall allow the department to 16,998
provide greater levels of assistance and more timely information 16,999
to school districts, administrators, and legislators. 17,000
Up to $2,500,000 in fiscal year 2000 shall be used for 17,002
development and testing of the school administration software of 17,003
EMIS. Up to $250,000 in fiscal year 2000 shall be used for the 17,004
construction plans of the EMIS redesign. 17,005
In fiscal year 2000, up to $300,000 may be used for the 17,007
department's maintenance contract for database management 17,008
software; up to $100,000 shall be used for Phase I of the 17,009
department's data warehouse software purchase and maintenance 17,010
fees; and up to $300,000 shall be used for Phase II of the data 17,011
warehouse project. 17,012
In fiscal year 2001, up to $1,800,000 shall be used for 17,014
EMIS conversion, including district support and technical 17,015
assistance; up to $350,000 may be used for the department's 17,016
annual maintenance contract for database management software; and 17,017
up to $200,000 shall be used to support the data warehouse 17,018
project.
School Management Assistance 17,020
The foregoing appropriation item 200-422, School Management 17,022
Assistance, shall be used by the Department of Education to 17,023
provide fiscal technical assistance and inservice education for 17,024
school district management personnel and to administer, monitor, 17,026
and implement the fiscal watch and fiscal emergency provisions 17,027
under Chapter 3316. of the Revised Code.
Policy Analysis 17,029
The foregoing appropriation item 200-424, Policy Analysis, 17,031
shall be used by the Department of Education to develop software 17,033
and other computer assistance to maintain and enhance a system of 17,034
administrative, statistical, and legislative education
358
information to be used for policy analysis. The data base shall 17,035
be kept current at all times. Such a system will be used to 17,036
supply information and analysis of data to the General Assembly 17,037
and other state policy makers, including the Office of Budget and 17,038
Management and the Legislative Budget Office of the Legislative 17,039
Service Commission. 17,040
The Department of Education may use funding from this line 17,042
item to purchase or contract for the development of software 17,043
systems or contract for policy studies that will assist in the 17,045
provision and analysis of policy-related information.
Ohio Educational Computer Network 17,047
The foregoing appropriation item 200-426, Ohio Educational 17,049
Computer Network, shall be used by the Department of Education to 17,050
maintain a system of information technology throughout Ohio and 17,051
to provide technical assistance for such a system in support of 17,052
the State Education Technology Plan pursuant to section 3301.07 17,053
of the Revised Code. 17,054
Of the foregoing appropriation item 200-426, Ohio 17,056
Educational Computer Network, up to $10,460,000 in fiscal year 17,057
2000 and $11,510,000 in fiscal year 2001 shall be used to support 17,058
the development, maintenance, and operation of a network of 17,059
uniform and compatible computer-based information and 17,060
instructional systems. The technical assistance shall include, 17,061
but not be restricted to, the development and maintenance of 17,062
adequate computer software systems to support network activities. 17,063
Program funds may be used, through a formula and guidelines 17,064
devised by the department, to subsidize the activities of not 17,065
more than twenty-four designated data acquisition sites, as 17,066
defined by State Board of Education rules, to provide to school 17,067
districts and chartered nonpublic schools computer-based student 17,068
and teacher instructional and administrative information 17,069
services, including approved computerized financial accounting, 17,070
to assure the effective operation of local automated 17,072
administrative and instructional systems.
359
In order to broaden the scope of the use of technology for 17,074
education, the department may use up to $250,000 in each fiscal 17,075
year to coordinate the activities of the computer network with 17,077
other agencies funded by the department or the state. In order 17,078
to improve the efficiency of network activities, the department 17,079
and data acquisition sites may jointly purchase equipment, 17,080
materials, and services from funds provided under this 17,081
appropriation for use by the network and, when considered 17,082
practical by the department, may utilize the services of 17,083
appropriate state purchasing agencies. 17,084
Of the foregoing appropriation item 200-426, Ohio 17,086
Educational Computer Network, up to $10,260,000 in fiscal year 17,087
2000 and $19,000,000 in fiscal year 2001 shall be used by the 17,088
Department of Education to support connections of all public 17,089
school buildings to the Ohio Education Computer Network. In each
fiscal year the Department of Education shall use these funds to 17,090
help reimburse data acquisition sites or school districts for the 17,091
operational costs associated with using the Ohio Education 17,092
Computer Network. The Department of Education shall develop a 17,093
formula and guidelines for the distribution of these funds to the 17,094
data acquisition sites or individual school districts.
For fiscal year 2000, the Department of Education shall use 17,096
up to $1,939,772 to continue to manage and develop the statewide 17,097
union catalog and InfOhio Network of library resources that will 17,098
be accessible to all school districts through the Ohio Education 17,099
Computer Network up to $1,994,086 in fiscal year 2001 shall be 17,100
used for the Union Catalog and InfOhio Network.
The Department of Education shall use up to $2,430,000 in 17,103
fiscal year 2000 and up to $4,500,000 in fiscal year 2001 to 17,104
assist designated data acquisition sites with operational costs 17,105
associated with the increased use of the Ohio Education Computer 17,107
Network by chartered nonpublic schools. The Department of 17,108
Education shall develop a formula and guidelines for distribution 17,110
of these funds to designated data acquisition sites.
360
Section 4.07. School Improvement Models 17,112
The foregoing appropriation item 200-431, School 17,114
Improvement Models, shall be used by the Department of Education 17,115
to continue to support the creation of a statewide network of 17,116
school improvement sites by providing competitive venture capital 17,117
grants to schools that demonstrate the capacity to invent or 17,118
adapt school improvement models. The department shall showcase 17,119
projects of exceptional merit and shall promote the networking of
venture schools with both venture and nonventure schools so that 17,120
administrators and teachers outside the district can benefit from 17,122
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 17,123
schools and up to $6,225,000 in fiscal year 2001 shall be used to 17,124
provide grants of $25,000 to 249 schools. 17,125
The Superintendent of Public Instruction shall assess 17,128
individual school district responses to the performance audits
conducted by the Auditor of State as required by Am. Sub. H.B. 17,129
No. 215 of the 122nd General Assembly. These assessments shall 17,131
be compiled into a report to the Speaker of the House of 17,132
Representatives, the President of the Senate, and the chairs and
ranking minority members of the House and Senate committees on 17,133
education and finance. 17,134
Of the foregoing appropriation item 200-431, School 17,136
Improvement Models, $5,000,000 shall be used in each fiscal year 17,138
for the development and distribution of school report cards
pursuant to section 3302.03 of the Revised Code and the 17,139
development of core competencies for the proficiency tests. 17,140
Of the foregoing appropriation item 200-431, School 17,142
Improvement Models, $250,000 in each fiscal year shall be used 17,143
for the development and operation of a Safe Schools Center. The 17,144
Department of Education shall oversee the creation of a center to 17,145
serve as a coordinating entity to assist school district 17,146
personnel, parents, juvenile justice representatives, and law 17,147
enforcement in identifying effective strategies and services for 17,148
361
improving school safety and reducing threats to the security of 17,149
students and school personnel.
Of the foregoing appropriation item 200-431, School 17,151
Improvement Models, up to $1,800,000 in each fiscal year shall be 17,152
used for a safe-school help line program for students, parents, 17,153
and the community to report threats to the safety of students or 17,154
school personnel. The Department of Education shall distribute 17,155
funds, in accordance with criteria established by it, to school
districts whose superintendents indicate the program will be a 17,156
meaningful aid to school security. 17,157
Of the foregoing appropriation item 200-431, School 17,159
Improvement Models, $5,850,000 in fiscal year 2000 and $5,300,000 17,160
in fiscal year 2001 shall be used to provide technical assistance 17,161
to school districts that are declared to be in a state of 17,162
academic watch or academic emergency under section 3302.03 of the 17,163
Revised Code to develop their continuous improvement plans as
required in section 3302.04 of the Revised Code. 17,164
Of the foregoing appropriation item 200-431, School 17,166
Improvement Models, $5,150,000 in fiscal year 2000 and $8,200,000 17,167
in fiscal year 2001 shall be used for professional development in 17,168
literacy for classroom teachers, administrators, and literacy 17,169
specialists.
School Conflict Management 17,171
Of the foregoing appropriation item 200-432, School 17,173
Conflict Management, amounts shall be used by the Department of 17,174
Education for the purpose of providing dispute resolution and 17,175
conflict management training, consultation, and materials for 17,176
school districts, and for the purpose of providing competitive 17,177
school conflict management grants to school districts. 17,178
The Department of Education shall assist the Commission on 17,180
Dispute Resolution and Conflict Management in the development and 17,181
dissemination of the school conflict management program. The 17,183
assistance provided by the Department of Education shall include 17,184
the assignment of a full-time employee of the department to the 17,185
362
Commission on Dispute Resolution and Conflict Management to 17,186
provide technical and administrative support to maximize the 17,187
quality of dispute resolution and conflict management programs 17,188
and services provided to school districts. 17,189
Student Proficiency 17,191
The foregoing appropriation item 200-437, Student 17,193
Proficiency, shall be used to develop, field test, print, 17,194
distribute, score, and report results from the tests required 17,195
under sections 3301.0710 and 3301.0711 of the Revised Code and 17,197
for similar purposes as required by section 3301.27 of the 17,198
Revised Code.
American Sign Language 17,200
Of the foregoing appropriation item 200-441, American Sign 17,202
Language, up to $150,000 in each fiscal year shall be used to 17,204
implement pilot projects for the integration of American Sign 17,205
Language deaf language into the kindergarten through 17,206
twelfth-grade curriculum.
The remainder of the appropriation shall be used by the 17,208
Department of Education to provide supervision and consultation 17,209
to school districts in dealing with parents of handicapped 17,210
children who are deaf or hard of hearing, in integrating American 17,211
Sign Language as a foreign language, and in obtaining 17,212
interpreters and improving their skills. 17,213
Child Care Licensing 17,215
The foregoing appropriation item 200-442, Child Care 17,217
Licensing, shall be used by the Department of Education to 17,218
license and to inspect preschool and school-age child care 17,219
programs in accordance with sections 3301.52 to 3301.59 of the 17,220
Revised Code.
OhioReads Admin/Volunteer Support 17,222
The foregoing appropriation item 200-445, OhioReads 17,224
Admin/Volunteer Support, may be allocated by the OhioReads 17,225
Council for volunteer coordinators in public school buildings, to 17,226
educational service centers for costs associated with volunteer 17,227
363
coordination, for background checks for volunteers, to evaluate
the OhioReads Program, and for operating expenses associated with 17,228
administering the program. 17,230
Section 4.08. Education Management Information System 17,232
The foregoing appropriation item 200-446, Education 17,234
Management Information System, shall be used to provide school 17,235
districts with the means to implement local automated information 17,236
systems, to implement the common student information management 17,237
software developed by the Department of Education, and to 17,238
implement, develop, and improve the Education Management 17,239
Information System (EMIS). 17,240
Up to $1,000,000 in each fiscal year shall be used by the 17,243
Department of Education to assist designated data acquisition 17,244
sites or school districts with deployment of the common student
information management software, and for hardware, personnel, 17,246
equipment, staff development, software, and forms modification, 17,247
as well as to support EMIS special report activities in the 17,248
department that are designed to use the data collected by the 17,249
system.
Up to $2,865,553 in fiscal year 2000 and $2,951,519 in 17,251
fiscal year 2001 shall be distributed to designated data 17,252
acquisition sites for costs relating to the processing, storing, 17,253
and transfer of data for the effective operation of the EMIS. 17,255
These costs may include, but are not limited to, personnel, 17,256
hardware, software development, communications connectivity, 17,257
professional development and support services, and to provide 17,258
services to participate in the State Education Technology Plan 17,259
pursuant to section 3301.07 of the Revised Code.
Up to $6,359,593 in fiscal year 2000 and $6,550,325 in 17,261
fiscal year 2001 shall be distributed to school districts and 17,262
joint vocational school districts on a per-pupil basis. From 17,263
this money, each school district with enrollment greater than 100 17,264
students and each vocational school district shall receive a 17,265
minimum of $5,000 for each year of the biennium. Each school 17,266
364
district with enrollment between one and one hundred and each 17,267
county office of education shall receive $3,000 for each year of 17,268
the biennium. This money shall be used for costs associated with 17,269
the development and operation of local automated record based 17,270
information systems that provide data as required by the 17,271
education management information system, and facilitate local 17,272
district, school, and classroom management activities. 17,273
GED Testing/Adult High School 17,275
The foregoing appropriation item 200-447, GED Testing/Adult 17,277
High School, shall be used to provide General Educational 17,278
Development (GED) testing at no cost to first time applicants, 17,279
pursuant to rules adopted by the State Board of Education. The 17,280
Department of Education shall reimburse school districts and 17,281
community schools, created in accordance with Chapter 3314. of 17,282
the Revised Code for a portion of the costs incurred in providing 17,283
summer instructional or intervention services to students who 17,284
have not graduated due to their inability to pass one or more 17,285
parts of the state's ninth grade proficiency test. School 17,286
districts shall also provide such services to students who are
residents of the district pursuant to section 3313.64 of the 17,287
Revised Code, but who are enrolled in chartered, nonpublic 17,288
schools. The services shall be provided in the public school, in 17,289
nonpublic schools, in public centers, or in mobile units located 17,290
on or off of the nonpublic school premises. No school district 17,291
shall provide summer instructional or intervention services to
nonpublic school students as authorized by this section unless 17,292
such services are available to students attending the public 17,293
schools within the district. No school district shall provide 17,294
services for use in religious courses, devotional exercises, 17,295
religious training, or any other religious activity. Chartered, 17,296
nonpublic schools shall pay for any unreimbursed costs incurred
by the school districts for providing summer costs incurred by 17,297
the school districts for providing summer instruction or 17,298
intervention services to students enrolled in chartered, 17,299
365
nonpublic schools. School districts may provide these services 17,300
to students directly or contract with post-secondary or nonprofit 17,301
community-based institutions in providing instruction. The 17,302
appropriation shall also be used for state reimbursement to 17,303
school districts for adult high school continuing education 17,304
programs pursuant to section 3313.531 of the Revised Code or for 17,305
costs associated with awarding adult high school diplomas under 17,306
section 3313.611 of the Revised Code.
Community Schools 17,308
Of the foregoing appropriation item 200-455, Community 17,310
Schools, up to $100,000 in each fiscal year may be used by the 17,311
Lucas County Educational Service Center to pay for additional 17,312
services provided to community schools, subject to the reporting 17,313
by the service center of actual expenses incurred to the 17,314
Department of Education. In each fiscal year, up to $400,000 may 17,315
be used by the Office of School Options in the Department of 17,316
Education for additional services and responsibilities under 17,317
section 3314.11 of the Revised Code. 17,318
The remaining appropriation may be used by the Department 17,320
of Education and the Lucas County Educational Service Center to 17,321
make grants of up to $50,000 to each proposing group with a 17,322
preliminary agreement obtained under division (C)(2) of section 17,323
3314.02 of the Revised Code in order to defray planning and 17,326
initial start-up costs. In the first year of operation of a
community school, the Department of Education and the Lucas 17,327
County Educational Service Center may make a grant of no more 17,328
than $100,000 to the governing authority of the school to 17,329
partially defray additional start-up costs. The amount of the 17,330
grant shall be based on a thorough examination of the needs of 17,331
the community school. The Department of Education and the Lucas 17,332
County Educational Service Center shall not utilize moneys 17,333
received under this section for any other purpose other than 17,334
those specified under this section. The department shall 17,335
allocate an amount to the Lucas County Educational Service Center 17,336
366
for grants to schools in the Lucas County area under this 17,337
paragraph.
A community school awarded start-up grants from 17,339
appropriation item 200-613, Public Charter Schools (Fund 3T4), 17,340
shall not be eligible for grants under this section. 17,341
Section 4.09. School Finance Equity 17,343
The foregoing appropriation item 200-500, School Finance 17,345
Equity, shall be distributed to school districts based on the 17,346
formula specified in section 3317.0213 of the Revised Code. 17,347
Section 4.10. Base Cost Funding 17,349
Of the foregoing appropriation item 200-501, Base Cost 17,351
Funding, up to $3,000,000 in fiscal year 2000 shall be expended 17,353
by the State Board of Education for the extended service 17,354
allowance which shall be the teachers' salaries pursuant to the 17,355
schedule contained in section 3317.13 of the Revised Code, plus 17,356
fifteen per cent for retirement and sick leave; up to $425,000 17,358
shall be expended in each year of the biennium for court payments 17,359
pursuant to section 2151.357 of the Revised Code; an amount shall 17,360
be available each year of the biennium for the cost of the 17,361
reappraisal guarantee pursuant to section 3317.04 of the Revised 17,362
Code; an amount shall be available in each year of the biennium 17,363
to fund up to 225 full-time equivalent approved GRADS teacher 17,364
grants pursuant to division (R) of section 3317.024 of the 17,365
Revised Code; an amount shall be available in each year of the 17,366
biennium to make payments to school districts pursuant to 17,367
division (A)(2) of section 3317.022 of the Revised Code; up to 17,368
$15,000,000 in each year of the biennium shall be reserved for 17,369
payments pursuant to sections 3317.026, 3317.027, and 3317.028 of 17,370
the Revised Code except that the Controlling Board may increase 17,371
the $15,000,000 amount if presented with such a request from the 17,372
Department of Education. Of the foregoing appropriation item 17,373
200-501, Base Cost Funding, up to $14,000,000 shall be used in 17,374
each fiscal year to provide additional state aid to school 17,375
districts for students in category three special education ADM 17,376
367
pursuant to division (C)(4) of section 3317.022 of the Revised 17,377
Code; up to $2,000,000 in each year of the biennium shall be 17,378
reserved for Youth Services tuition payments pursuant to section 17,379
3317.024 of the Revised Code; up to $50,000,000 in fiscal year 17,380
2000 and up to $52,000,000 in fiscal year 2001 shall be reserved 17,382
to fund the state reimbursement of educational service centers
pursuant to section 3317.11 of the Revised Code. 17,383
Of the foregoing appropriation item 200-501, Base Cost 17,385
Funding, up to $1,000,000 in each fiscal year shall be used by 17,387
the Department of Education for a pilot program to pay for 17,388
educational services for youth who have been assigned by a
juvenile court or other authorized agency to any of the 17,389
facilities described in division (A) of the section titled 17,390
"Private Treatment Facility Pilot Project." 17,391
The remaining portion of this appropriation item shall be 17,393
expended for the public schools of city, local, exempted village, 17,396
and joint vocational school districts, including base cost 17,397
funding, special education weight funding, special education 17,398
speech service enhancement funding, vocational education weight 17,399
funding, vocational education associated service funding, 17,400
guarantee funding, and teacher training and experience funding 17,401
pursuant to sections 3317.022, 3317.023, 3317.0212, and 3317.16 17,402
of the Revised Code. 17,403
Notwithstanding section 3301.17, division (I) of section 17,405
3317.024, and division (B)(3) of section 3317.19 of the Revised 17,406
Code, the Department of Education shall not pay in fiscal years 17,407
2000 and 2001 the driver education subsidy to school districts 17,408
and commercial driver training schools.
Section 4.11. Pupil Transportation 17,410
Of the foregoing appropriation item 200-502, Pupil 17,412
Transportation, up to $755,000 may be used by the Department of 17,413
Education each year for training prospective and experienced 17,414
school bus drivers in accordance with training programs 17,415
prescribed by the department; an amount shall be available in 17,416
368
each year of the biennium to be used for special education 17,417
transportation reimbursements. The reimbursement rate in each 17,418
year shall be based on the rate defined in division (D) of 17,419
section 3317.022 of the Revised Code; up to $800,000 in fiscal 17,420
year 2000 shall be used by the Department of Education to pay
driver education vouchers issued prior to June 8, 1999; and the 17,422
remainder shall be used for the state reimbursement of public 17,423
school districts' costs in transporting pupils to and from the 17,424
school to which they attend in accordance with the district's
policy, State Board of Education standards, and the Revised Code. 17,425
Bus Purchase Allowance 17,427
The foregoing appropriation item 200-503, Bus Purchase 17,429
Allowance, shall be distributed to school districts and 17,430
educational service centers pursuant to rules adopted under 17,432
section 3317.07 of the Revised Code. Up to 25 per cent of the 17,433
amount appropriated may be used to reimburse school districts and 17,434
educational service centers for the purchase of buses to
transport handicapped and nonpublic school students. 17,436
School Lunch 17,438
The foregoing appropriation item 200-505, School Lunch 17,440
Match, shall be used to provide matching funds to obtain federal 17,441
funds for the school lunch program. 17,442
Section 4.12. Adult Literacy Education 17,444
The foregoing appropriation item 200-509, Adult Literacy 17,446
Education, shall be used to support adult basic and literacy 17,447
education instructional programs, and the State Literacy Resource 17,448
Center Program. 17,449
Of the foregoing appropriation item 200-509, Adult Literacy 17,452
Education, up to $520,000 in fiscal year 2000 and $532,500 in 17,453
fiscal year 2001 shall be used for the support and operation of 17,455
the State Literacy Resource Center.
The remainder shall be used to continue to satisfy the 17,457
state match and maintenance of effort requirements for the 17,458
support and operation of the Ohio Department of Education 17,460
369
administered instructional grant program for Adult Basic and 17,461
Literacy Education in accordance with the department's state plan 17,462
for Adult Basic and Literacy Education as approved by the State 17,463
Board of Education and the Secretary of the United States 17,464
Department of Education.
Auxiliary Services 17,466
The foregoing appropriation item 200-511, Auxiliary 17,468
Services, shall be used by the State Board of Education for the 17,469
purpose of implementing section 3317.06 of the Revised Code. Of 17,470
the appropriation, up to $1,000,000 in each fiscal year of the 17,471
biennium may be used for payment of the Post-Secondary Enrollment 17,472
Options Program for nonpublic students pursuant to section 17,473
3365.10 of the Revised Code. 17,474
Summer Intervention 17,476
Of the foregoing appropriation item 200-513, Summer 17,478
Intervention, up to $15,500,000 in each fiscal year shall be used 17,479
to assist districts providing the intervention services specified 17,480
in section 3313.608 of the Revised Code. These moneys shall be 17,483
used to provide equalized reimbursement payments using the state 17,484
aid ratio to school districts providing summer intervention 17,485
services satisfying criteria defined in division (E) of section
3313.608 of the Revised Code. The Department of Education shall 17,487
establish guidelines for the use and distribution of these
moneys.
Post-Secondary/Adult Vocational Education 17,489
The foregoing appropriation item 200-514, 17,491
Post-Secondary/Adult Vocational Education, shall be used by the 17,492
State Board of Education to provide post-secondary/adult 17,493
vocational education pursuant to sections 3313.52 and 3313.53 of 17,494
the Revised Code. 17,495
Of the foregoing appropriation item 200-514, 17,497
Post-Secondary/Adult Vocational Education, up to $500,000 in each 17,499
fiscal year shall be allocated for the Ohio Career Information 17,500
System (OCIS) and used for the dissemination of career 17,501
370
information data to public schools, libraries, rehabilitation 17,502
centers, two- and four-year colleges and universities, and other 17,503
governmental units. 17,504
Of the foregoing appropriation item 200-514, 17,506
Post-Secondary/Adult Vocational Education, up to $30,000 in each 17,507
fiscal year shall be used for the statewide coordination of the 17,508
activities of the Ohio Young Farmers.
The Governor's Workforce Development Board shall examine 17,510
the sites statewide participating in the Orientation to 17,511
Nontraditional Occupations for Women Program and consider making 17,512
recommendations for funding the program under the proposed 17,513
Department of Job and Family Services. In the event that the 17,514
Department of Job and Family Services is not created through the 17,515
merger of the Department of Human Services and Bureau of 17,516
Employment Services in fiscal year 2001, the Workforce
Development Board shall make any recommendations for funding the 17,517
program to the individual agencies. 17,518
Disadvantaged Pupil Impact Aid 17,520
The foregoing appropriation item 200-520, Disadvantaged 17,522
Pupil Impact Aid, shall be distributed to school districts 17,523
according to the provisions of section 3317.029 of the Revised 17,525
Code. However, no money shall be distributed for all-day 17,527
kindergarten to any school district whose three-year average 17,528
formula ADM exceeds 17,500 but whose DPIA index is not at least 17,529
equal to 1.00, unless the Department of Education certifies that 17,530
sufficient funds exist in this appropriation to make all other 17,532
payments required by section 3317.029 of the Revised Code. 17,533
The Department of Education shall pay all-day, everyday 17,535
kindergarten funding to all school districts in fiscal year 2000 17,536
and fiscal year 2001 that qualified for and provided the service 17,537
in a preceding fiscal year pursuant to section 3317.029 of the 17,539
Revised Code, regardless of changes to such districts' DPIA
indexes in fiscal year 2000 and fiscal year 2001. 17,540
The Department of Education shall pay to community schools 17,543
371
an amount for all-day kindergarten if the school district in
which the student is entitled to attend school is eligible but 17,544
does not receive a payment for all-day kindergarten, pursuant to 17,545
division (B) of section 3314.13 of the Revised Code, and the 17,546
student is reported by the community school as enrolled in 17,547
all-day kindergarten at the community school. 17,548
Of the foregoing appropriation item 200-520, Disadvantaged 17,550
Pupil Impact Aid, up to $3,000,000 in each year of the biennium 17,551
shall be used for school breakfast programs. Of the $3,000,000, 17,552
up to $500,000 shall be used each year by the Department of 17,554
Education to provide start-up grants to rural school districts 17,555
and to school districts with less than 1,500 ADM that start 17,556
school breakfast programs. The remainder of the $3,000,000 shall 17,557
be used to: (1) partially reimburse school buildings within 17,558
school districts that are required to have a school breakfast 17,559
program pursuant to section 3313.813 of the Revised Code, at a 17,560
rate decided upon by the department, for each breakfast served to
any pupil enrolled in the district; (2) partially reimburse 17,561
districts participating in the National School Lunch Program that 17,562
have at least 20 per cent of students who are eligible for free 17,563
and reduced meals according to federal standards, at a rate 17,564
decided upon by the department; and (3) to partially reimburse
districts participating in the National School Lunch Program for 17,565
breakfast served to children eligible for free and reduced meals 17,566
enrolled in the district, at a rate decided upon by the 17,567
department.
Of the portion of the funds distributed to the Cleveland 17,569
City School District under section 3317.029 of the Revised Code 17,570
calculated under division (F)(2) of that section, up to 17,571
$9,617,250 in fiscal year 2000 and up to $10,983,750 in fiscal 17,572
year 2001 shall be used to operate the pilot school choice 17,574
program in the Cleveland City School District pursuant to
sections 3313.974 to 3313.979 of the Revised Code. 17,575
Of the foregoing appropriation item 200-520, Disadvantaged 17,577
372
Pupil Impact Aid, $900,000 in fiscal year 2000 and $1,154,915 in 17,578
fiscal year 2001 shall be used to support dropout recovery 17,579
programs administered by the Department of Education, Jobs for 17,580
Ohio's Graduates program. 17,581
There is hereby created the Alternative Education Advisory 17,583
Council which shall consist of one representative from each of 17,584
the following agencies: The Ohio Department of Education, the 17,585
Department of Youth Services, the Ohio Department of Alcohol and 17,586
Drug Addiction Services, the Department of Mental Health, the
Office of the Governor or at the Governor's discretion the Office 17,588
of the Lieutenant Governor, and the Office of the Attorney 17,589
General. The Alternative Education Advisory Council shall cease 17,590
to exist on June 30, 2001.
Of the foregoing appropriation item 200-520, Disadvantaged 17,592
Pupil Impact Aid, $10,000,000 in each fiscal year shall be used 17,593
for competitive matching grants to the 21 urban school districts 17,594
as defined in division (O) of section 3317.02 of the Revised Code 17,596
as it existed prior to July 1, 1998, and $10,000,000 in each
fiscal year shall be used for competitive matching grants to 17,597
rural and suburban school districts for alternative educational 17,599
programs for existing and new at-risk and delinquent youth. 17,601
Programs shall be focused on youth in one or more of the 17,602
following categories: those who have been expelled or suspended, 17,603
those who have dropped out of school or who are at risk of
dropping out of school, those who are habitually truant or 17,605
disruptive, or those on probation or on parole from a Department
of Youth Services' facility. 17,606
The Alternative Education Advisory Council shall develop 17,609
criteria for the awarding of grants for alternative educational
programs. The criteria the council develops shall give priority 17,610
to projects that: demonstrate collaboration among schools, 17,611
juvenile courts, law enforcement agencies, local government, and 17,612
other appropriate private and public organizations; include 17,613
strategies to ensure enforcement of the state's attendance laws; 17,614
373
are research-based; and ensure that data necessary for evaluation 17,615
of the project is collected. Grants shall be awarded only to
programs where the grant would not serve as the program's primary 17,616
source of funding and no recipient under this program may receive 17,617
a grant beyond the current biennium. The grants shall be 17,618
administered by the Ohio Department of Education. 17,619
The Ohio Department of Education may waive compliance with 17,621
any minimum education standard established under section 3301.07 17,622
of the Revised Code for any alternative school that receives a 17,623
grant under this section if the Alternative Education Advisory 17,624
Council recommends the waiver on the grounds that the waiver will 17,625
enable the program to more effectively educate students enrolled 17,626
in the alternative school.
Section 4.13. Gifted Pupil Program 17,628
The foregoing appropriation item 200-521, Gifted Pupil 17,630
Program, shall be used for gifted education units not to exceed 17,631
975 in fiscal year 2000 and 1,000 in fiscal 2001 pursuant to 17,632
division (P) of section 3317.024 and division (F) of section 17,633
3317.025 of the Revised Code. 17,634
Of the foregoing appropriation item 200-521, Gifted Pupil 17,636
Program, up to $5,000,000 in each fiscal year of the biennium may 17,637
be used as an additional supplement for identifying gifted 17,638
students pursuant to Chapter 3324. of the Revised Code. The 17,639
Department of Education shall use a wealth-base equalized formula 17,640
to distribute these moneys.
Of the foregoing appropriation item 200-521, Gifted Pupil 17,642
Program, the Department of Education may expend up to $1,000,000 17,643
each year for the Summer Honors Institute for gifted freshmen and 17,645
sophomore high school students. Up to $600,000 in each fiscal 17,646
year shall be used for research and demonstration projects. Of
this amount, $70,000 in each year shall be used for the Ohio 17,647
Summer School for the Gifted (Martin Essex Program). 17,648
Section 4.14. Educational Excellence and Competency 17,650
Of the foregoing appropriation item 200-524, Educational 17,652
374
Excellence and Competency, up to $35,000 in each fiscal year 17,653
shall be reserved for the Ohio Science Olympiad and up to $25,000 17,654
in each fiscal year shall be reserved for the International 17,656
Science and Engineering Fair. Up to $250,000 in each fiscal year 17,658
shall be reserved for a Math and Science Initiative to enhance 17,660
math and science education for elementary students in a 17,661
county-wide collaborative. 17,662
Of the foregoing appropriation item 200-524, Educational 17,664
Excellence and Competency, up to $100,000 may be used in fiscal 17,665
year 2001 by the Girl Scouts of Central Ohio. 17,666
Of the foregoing appropriation item 200-524, Educational 17,668
Excellence and Competency, up to $100,000 in each fiscal year 17,669
shall be used for the EQUIP Program. Up to $50,000 in each 17,670
fiscal year shall be used for the Cincinnati Central Clinic. Up 17,671
to $150,000 in fiscal year 2000 and $125,000 in fiscal year 2001 17,672
shall be distributed to the Franklin County Educational Council 17,673
to operate the Magellan Program. Up to $50,000 in each fiscal 17,674
year shall be used for the Findlay-Hancock Summer Academic Camp. 17,675
Of the foregoing appropriation item 200-524, Educational 17,677
Excellence and Competency, up to $90,000 in fiscal year 2000 and 17,678
$80,000 in fiscal year 2001 shall be used for the Cleveland 17,679
Language Project; up to $20,000 in each fiscal year shall be used 17,680
for the Cincinnati Language Project; up to $20,000 in fiscal year 17,681
2000 and $30,000 in fiscal year 2001 shall be used for the 17,682
Columbus Language Project; and up to $20,000 in each fiscal year 17,683
shall be used for the Dayton Language Project;
Of the foregoing appropriation item 200-524, Educational 17,685
Excellence and Competency, up to $125,000 in each year of the 17,686
biennium may be used to support the Aid for College Opportunities 17,687
Program. 17,688
The Department of Education shall distribute $150,000 in 17,690
fiscal year 2000 and $100,000 in fiscal year 2001 to the 17,691
Christopher Project. The department shall distribute $80,000 in 17,692
fiscal year 2000 and $40,000 in fiscal year 2001 to the Regional 17,694
375
District/University Consortium to Validate At-Risk Programs for 17,695
Rural School Districts. The Department shall distribute $75,000
in each fiscal year to the Cincinnati Artworks Project. In each 17,696
fiscal year of the biennium, $100,000 shall be used for Ledgemont 17,698
Education Excellency. In addition, the department shall
distribute $275,000 in each fiscal year to the Summit County 17,699
Technology Project. 17,700
Of the foregoing appropriation item 200-524, Educational 17,702
Excellence and Competency, $48,333 in fiscal year 2000 and 17,703
$36,667 in fiscal year 2001 shall be distributed to the Ohio 17,704
Geographical Alliance at such time as matching funds are provided 17,705
by the National Geographical Society. These moneys shall be used
by the Ohio Geographical Alliance to provide geography training 17,706
to public school teachers. 17,707
Of the foregoing appropriation item 200-524, Educational 17,709
Excellence and Competency, $100,000 in fiscal year 2000 and 17,710
$150,000 in fiscal year 2001 may be used by the IAMS "High 17,711
Schools that Work Initiative." 17,712
Of the foregoing appropriation item 200-524, Educational 17,715
Excellence and Competency, $46,000 in fiscal year 2000 may be 17,716
used for the Stambaugh Auditorium Youngstown Schools Project.
In each fiscal year, $300,000 shall be used for a pilot 17,718
project for the integration and implementation of distance 17,719
learning, virtual reality, and computer technology to prepare 17,720
students for careers in industry. Of this amount, $65,000 in 17,721
each fiscal year shall be distributed to the Math, Science and 17,722
Industrial Technology Institute at Kent State University-Trumbull 17,723
Campus for purposes of this pilot project and $235,000 in each 17,724
fiscal year shall be distributed to the Trumbull County 17,725
Educational Service Center for the Industrial Technology Career 17,726
Academy pilot project. In each fiscal year, $140,000 shall be 17,727
used for the Crouse School Readiness Program. 17,728
Of the foregoing appropriation item 200-524, Educational 17,731
Excellence and Competency, $700,000 in each fiscal year shall be
376
allocated through the Department of Education to the Ohio Council 17,732
on Economic Education to provide services for programs developed 17,733
in section 3317.60 of the Revised Code for students in 17,734
kindergarten through twelfth grades, for services to the Ohio 17,735
Consumer and Economic Education Coordinator network, and
statewide initiatives. Funds shall be used for staff 17,736
development, curriculum assistance, citizenship proficiency test 17,737
assistance, consumer and economic resources/information, 17,738
partnerships/collaborations as needed to develop student economic 17,739
literacy understanding, and workforce development initiatives. 17,740
Of the foregoing appropriation item 200-524, Educational 17,742
Excellence and Competency, $50,000 in each fiscal year shall be 17,743
used to create a Lake, Ashtabula, and Geauga County Educational 17,744
Service Supercenter, a cooperative agreement to coordinate and 17,745
consolidate services.
Of the foregoing appropriation item 200-524, Educational 17,747
Excellence and Competency, $200,000 in each fiscal year shall be 17,748
provided to the Stark County Schools Teacher Technical Training 17,749
Center.
Of the foregoing appropriation item 200-524, Educational 17,751
Excellence and Competency, $150,000 in fiscal year 2000 shall be 17,752
used to support the Cleveland State University/Strongsville 17,753
School Technology link. Of this amount, $47,360 shall be 17,754
distributed to the Strongsville City School District and $102,640 17,755
shall be distributed to Cleveland State University.
Of the foregoing appropriation item 200-524, Educational 17,757
Excellence and Competency, $250,000 in each fiscal year shall be 17,758
used for the Virtual Manufacturing pilot project. 17,759
Of the forgoing appropriation item 200-524, Educational 17,761
Excellence and Competency, $50,000 in fiscal year 2000 shall be 17,762
used for the Summit Education Initiative. 17,763
Of the foregoing appropriation item 200-524, Educational 17,765
Excellence and Competency, $50,000 in each fiscal year shall be 17,766
used for the Tree of Knowledge Educational Assessment program. 17,767
377
Of the foregoing appropriation item 200-524, Educational 17,769
Excellence and Competency, $25,000 in each fiscal year shall be 17,770
used to support the purchase of the "I Know I Can" book and 17,771
supporting materials for second grade students in school 17,772
districts in which at least fifty per cent of elementary school
students receive free or reduced lunch. 17,773
The remainder of the appropriation shall be used by the 17,775
Department of Education to fund programs each year as follows: 17,777
FY 2000 FY 2001 17,779
Earn and Learn $ 686,667 $ 343,333 17,780
Trumbull County "Make Learning 17,781
Fun" $ 75,000 $ 75,000 17,782
LEAF $ 65,000 $ 65,000 17,783
Coventry $ 16,667 $ 8,333 17,784
Columbus Youth Corp $ 150,000 $ 150,000 17,785
Neighborhood House Preschool $ 50,000 $ 50,000 17,786
Montgomery County Summer Math 17,787
program $ 143,333 $ 71,667 17,788
Columbus City District's "I Know I 17,789
Can" $ 645,000 $ 645,000 17,790
Dayton-Montgomery County Scholarship 17,791
Program $ 645,000 $ 645,000 17,792
Cleveland Scholarship $ 500,000 $ 500,000 17,793
Cleveland School for the Arts $ 500,000 $ 0 17,794
Cleveland Initiative for Education $ 240,000 $ 120,000 17,795
Cincinnati Scholarship Foundation $ 645,000 $ 645,000 17,796
Improved Solutions for Urban Systems 17,797
(ISUS) $ 100,000 $ 100,000 17,798
Lorain County Access $ 150,000 $ 150,000 17,799
Amer-I-Can $ 850,000 $ 850,000 17,800
West Jefferson Learns $ 100,000 $ 0 17,801
Madison Plains Learns $ 0 $ 100,000 17,802
Project Succeed $1,000,000 $1,000,000 17,803
Toledo Even Start $ 50,000 $ 50,000 17,804
378
Toledo Tech Academy $ 300,000 $ 300,000 17,805
Toledo Save Our Students $ 50,000 $ 50,000 17,806
Toledo International Language 17,807
Center $ 133,333 $ 100,000 17,808
Greater Toledo School-To-Work 17,809
Consortium $ 100,000 $ 100,000 17,810
Muskingum Valley Services Center $ 100,000 $ 100,000 17,811
Piqua School SWAT Program $ 100,000 $ 100,000 17,812
O.U. Leadership $ 75,000 $ 75,000 17,813
For the Cleveland Initiative in Education program, the 17,815
grant shall support its mentoring and advocacy program. 17,816
Of the foregoing appropriation item 200-524, Educational 17,818
Excellence and Competency, $83,000 in fiscal year 2000 and 17,819
$83,000 in fiscal year 2001 shall be used for the Shaker Heights 17,820
Educational Mobility program. 17,821
Of the foregoing appropriation item 200-524, Educational 17,823
Excellence and Competency, up to $100,000 in fiscal year 2000 and 17,824
$150,000 in fiscal year 2001 shall be used for grants to Ohio 17,825
school districts for the JASON Project, a specially designed 17,826
interactive science and mathematics curriculum for middle school 17,827
students. Grants may provide up to 75 per cent of a school
district's total cost of participation and may be used to 17,828
purchase curriculum materials, supplemental videos, and 17,829
professional development materials. Grants may also include 17,830
miscellaneous costs such as technology equipment and service
fees.
Of the foregoing appropriation item 200-524, Educational 17,832
Excellence and Competency, up to $133,333 in fiscal year 2000 and 17,833
$66,667 in fiscal year 2001 shall be used for the W.E.B. Dubois 17,834
Talented Tenth Teacher Training Academy. The program will 17,835
provide a summer honors program to promising minority students 17,836
identified by their school districts as potential future
teachers.
Of the foregoing appropriation item 200-524, Educational 17,838
379
Excellence and Competency, up to $100,000 in each fiscal year 17,839
shall be used for the Parenting Healthy Children Initiative of 17,840
the Manuel D. and Rhoda Mayerson Foundation. 17,841
Of the foregoing appropriation item 200-524, Educational 17,843
Excellence and Competency, up to $100,000 in each fiscal year 17,844
shall be used by the Department of Education to provide awards to 17,845
teachers, school buildings, or school districts that promote 17,846
parental involvement in outstanding ways. The practices, 17,847
methods, and lessons learned from the award winners shall be
shared with all school districts by the Department of Education. 17,848
Of the foregoing appropriation item 200-524, Educational 17,850
Excellence and Competency, $100,000 in fiscal year 2000 shall be 17,851
used for the Fireland School District for a project to serve 17,852
multi-handicapped students in the district, which is also open to 17,853
other students in Lorain County.
Of the foregoing appropriation item 200-524, Educational 17,855
Excellence and Competency, up to $200,000 in each fiscal year 17,856
shall be used for the Tuscarawas County Innovative Remediation 17,857
Program to provide grants to school districts within Tuscarawas 17,858
County. 17,859
Of the foregoing appropriation item 200-524, Educational 17,861
Excellence and Competency, up to $5,000 in each fiscal year shall 17,862
be used for the Buckeye Ranch Animal Therapy Program. 17,863
Each program or entity that receives funds under the 17,865
foregoing appropriation item 200-524, Educational Excellence and 17,867
Competency, shall submit annually to the chairpersons of the 17,868
education committees of the House of Representatives and the 17,869
Senate and to the Department of Education a report that includes 17,870
a description of the services supported by the funds, a 17,871
description of the results achieved by those services, an 17,872
analysis of the effectiveness of the program, and an opinion as 17,873
to the program's applicability to other school districts. No 17,874
funds shall be provided by the Department of Education to a 17,875
district for a fiscal year until its report for the prior fiscal 17,877
380
year has been submitted.
Of the foregoing appropriation item 200-524, Educational 17,879
Excellence and Competency, $40,000 in each fiscal year shall be 17,880
used for the Health Education Center of The Greater Cincinnati 17,881
Scholarship Fund to provide scholarships to students in Hamilton, 17,882
Butler, Clermont, and Warren Counties to attend health education 17,883
programming provided by the center. Eligibility for scholarships 17,884
shall be restricted to students currently attending school 17,885
districts receiving funding under Title I of the Elementary and 17,886
Secondary Education Act of 1965. 17,887
Nonpublic Administrative Cost Reimbursement 17,889
The foregoing appropriation item 200-532, Nonpublic 17,891
Administrative Cost Reimbursement, shall be used by the State 17,892
Board of Education for the purpose of implementing section 17,893
3317.063 of the Revised Code. 17,894
School-Age Child Care 17,896
Of the foregoing appropriation item 200-533, School-Age 17,898
Child Care, up to $200,000 in each fiscal year shall be used for 17,899
the "Training Ohio's Parents for Success" Program. Up to 17,900
$500,000 in each fiscal year shall be used for the "Parents as 17,902
Teachers" Program.
Of the foregoing appropriation item 200-533, School-Age 17,904
Child Care, up to $62,500 in each fiscal year shall be used by 17,905
the Cincinnati YWCA for its Home Instruction Program for 17,906
Preschool Youngsters (HIPPY).
As used under this heading "school-age child care" means a 17,908
program of child care conducted outside of regular school hours 17,909
for school age children. 17,910
The remainder of the foregoing appropriation item 200-533, 17,912
School-Age Child Care, shall be used by the Department of 17,913
Education to provide grants to city, local, and exempted village 17,914
school districts and educational service centers for school-age 17,915
child care programs. In each fiscal year, the department shall 17,916
make grants. All grants shall be awarded by the department on 17,918
381
the basis of project proposals submitted by school district 17,919
boards of education or educational service center governing
boards. The board of education of each district or governing 17,921
board of each educational service center that receives a grant 17,922
shall keep a record of how the grant is used, and issue a report 17,923
at the end of the school year for which the grant was made 17,924
explaining the goals and objectives determined, the activities 17,925
implemented, and the progress made toward achieving goals and 17,926
objectives.
Desegregation Costs 17,928
The foregoing appropriation item 200-534, Desegregation 17,930
Costs, shall be used to pay desegregation costs. 17,931
(A) Notwithstanding any section of law to the contrary, if 17,934
in each fiscal year, due to federal court order, the Department 17,935
of Education is obligated to pay for desegregation costs in any 17,936
school district, the costs shall be paid from the foregoing 17,937
appropriation item 200-534, Desegregation Costs. 17,938
Of the foregoing appropriation item 200-534, Desegregation 17,940
Costs, in fiscal year 2000 or in fiscal year 2001 any unobligated 17,941
balances may be used to cover the legal fees associated with 17,944
desegregation cases brought against the state.
By the first day of May of each year, the Department of 17,946
Education shall determine if the appropriation exceeds the 17,947
state's obligation for desegregation costs. Any appropriations 17,948
in excess of the state's obligation shall be transferred to 17,949
appropriation item 200-406, Head Start, by the Director of Budget 17,950
and Management.
(B) As part of managing state desegregation costs, any 17,952
board of education of a school district subject to a federal 17,953
court desegregation order that requires the district board to bus 17,954
students for the purpose of racial balance shall, within one year 17,955
of the effective date of this section: 17,956
(1) Update its plan required under Am. Sub. H.B. 298 of 17,958
the 119th General Assembly designed to satisfy the court so as to 17,959
382
obtain release from the court's desegregation order; and 17,960
(2) Submit an updated copy of the plan to the State Board 17,962
of Education. 17,963
Upon request of the district board, the State Board shall provide 17,966
technical assistance to the school district board in developing a 17,967
plan.
Within ninety days of the date on which the plan is 17,969
submitted to the State Board of Education, the district board, or 17,970
the district board and the State Board of Education jointly if 17,972
both are parties to the desegregation case, shall submit the plan 17,974
to the court and apply for release from the court's desegregation 17,975
order.
Of the foregoing appropriation item 200-534, Desegregation 17,977
Costs, Dayton City Schools shall receive at least $9,000,000 in 17,978
each of fiscal year 2000 and fiscal year 2001. 17,979
Section 4.15. Special Education Enhancements 17,981
Of the foregoing appropriation item 200-540, Special 17,983
Education Enhancements, up to $44,000,000 in fiscal year 2000 and 17,985
up to $48,400,000 in fiscal year 2001 shall be used to fund 17,986
special education and related services at MR/DD boards for 17,987
eligible students under section 3317.20 of the Revised Code. Up 17,988
to $2,500,000 of these amounts shall be used in each fiscal year 17,989
to fund up to 57 special education classroom and related services 17,990
units at institutions. 17,991
Of the foregoing appropriation item 200-540, Special 17,993
Education Enhancements, up to $3,081,000 in fiscal year 2000 and 17,995
$3,167,268 in fiscal year 2001 shall be used for home instruction 17,996
for handicapped children; up to $1,500,000 in each fiscal year 17,998
shall be used for parent mentoring programs; and up to $2,567,000 18,001
in fiscal year 2000 and $2,639,390 in fiscal year 2001 may be
used for school psychology interns. 18,002
Of the foregoing appropriation item 200-540, Special 18,004
Education Enhancements, $2,550,800 in fiscal year 2000 and 18,005
$3,704,000 in fiscal year 2001 shall be used by the Department of 18,007
383
Education to assist school districts in funding aides pursuant to 18,008
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the 18,010
Administrative Code.
Of the foregoing appropriation item 200-540, Special 18,012
Education Enhancements, $72,934,548 in fiscal year 2000 and 18,013
$78,623,506 in fiscal year 2001 shall be distributed by the 18,015
Department of Education to county boards of mental retardation 18,016
and developmental disabilities, educational service centers, and 18,017
school districts for preschool special education units and 18,018
preschool supervisory units in accordance with section 3317.161 18,019
of the Revised Code. The department may reimburse county boards 18,020
of mental retardation and developmental disabilities, educational 18,021
service centers, and school districts for related services as 18,022
defined in rule 3301-31-05 of the Ohio Administrative Code, for 18,023
preschool occupational and physical therapy services provided by 18,024
a physical therapy assistant and certified occupational therapy 18,025
assistant, and for an instructional assistant. To the greatest 18,026
extent possible, the Department of Education shall allocate these 18,027
units to school districts and educational service centers. The 18,028
Controlling Board may approve the transfer of unallocated funds 18,029
from appropriation item 200-501, Base Cost Funding, to 18,030
appropriation item 200-540, Special Education Enhancements, to 18,032
fully fund existing units as necessary or to fully fund 18,033
additional units. The Controlling Board may approve the transfer 18,034
of unallocated funds from appropriation item 200-540, Special 18,036
Education Enhancements, to appropriation item 200-501, Base Cost 18,037
Funding, to fully fund existing units, as necessary, or to fully 18,039
fund additional units.
The Department of Education shall require school districts, 18,041
educational service centers, and county MR/DD boards serving 18,042
preschool children with disabilities to document child progress 18,043
using a common instrument prescribed by the department and report 18,044
results annually. The reporting dates and methodology shall be 18,045
determined by the department. 18,046
384
The department shall adopt rules addressing the use of 18,048
screening and assessment data including, but not limited to: 18,049
(1) Protection of the identity of individual children 18,052
through assignment of a unique, but not personally identifiable, 18,053
code;
(2) Parents' rights; and 18,055
(3) Use of the child data by school personnel as it 18,057
relates to kindergarten entrance. 18,058
Of the foregoing appropriation item 200-540, Special 18,060
Education Enhancements, up to $800,000 in each fiscal year shall 18,061
be allocated to provide grants to research-based reading 18,062
mentoring programs for students with disabilities in kindergarten 18,063
through fourth grade. Priority shall be given to mentoring 18,064
programs that have been recognized by the Education Commission of 18,065
the States as promising educational practices for accelerating 18,066
student achievement, are easily replicated, have strong 18,067
evaluative components, and goals aligned to the Ohio Proficiency 18,068
Test. Programs may be implemented at times deemed most 18,069
appropriate. Certified staff shall administer these programs and 18,070
testing of participants shall be required prior to, during, and 18,071
after participation in these programs. The results of such tests 18,072
shall be reported to the Governor, Superintendent of Public 18,073
Instruction, and General Assembly. 18,074
Of the foregoing appropriation item 200-540, Special 18,076
Education Enhancements, up to $93,000 in fiscal year 2000 and up 18,077
to $86,000 in fiscal year 2001 shall be used to conduct a 18,078
collaborative pilot program to provide educational services and 18,079
develop best educational practices for autistic children. The 18,080
pilot program shall include, but not be limited to, the 18,081
involvement of the Wood County Board of Mental Retardation and 18,082
Developmental Disabilities, Wood County Educational Services 18,083
Center, Children's Resource Center of Wood County, and the Family 18,084
and Children First Council of Wood County. 18,085
Of the foregoing appropriation item 200-540, Special 18,087
385
Education Enhancements, up to $16,000 in fiscal year 2000 may be 18,088
used by the Broadmore School to fund the Autistic Children 18,089
Rehabilitation Program.
Of the foregoing appropriation item 200-540, Special 18,091
Education Enhancements, up to $300,000 in each fiscal year shall 18,092
be expended to conduct a demonstration project involving language 18,093
and literacy intervention teams supporting student acquisition of 18,094
language and literacy skills. The demonstration project shall 18,095
demonstrate improvement of language and literacy skills of 18,096
at-risk learners under the instruction of certified speech 18,097
language pathologists and educators. Baseline data shall be 18,098
collected and comparison data for fiscal year 2000 and fiscal 18,099
year 2001 shall be collected and reported to the Governor, 18,100
OhioReads Council, Department of Education, and the General 18,101
Assembly.
Section 4.16. Vocational Education Enhancements 18,103
Of the foregoing appropriation item 200-545, Vocational 18,105
Education Enhancements, up to $2,500,000 in fiscal year 2000 and 18,106
$2,616,000 in fiscal year 2001 shall be used to fund up to 51 18,108
vocational education units at institutions. Up to $9,500,000 in 18,110
each fiscal year shall be used to fund the Jobs for Ohio 18,111
Graduates (JOG) program, up to $2,315,200 in fiscal year 2000 and 18,113
up to $2,431,012 in fiscal year 2001 may be used to support tech 18,114
prep consortia.
Of the foregoing appropriation item 200-545, Vocational 18,116
Education Enhancements, up to $4,270,030 in fiscal year 2000 and 18,117
up to $4,483,531 in fiscal year 2001 shall be used by the 18,118
Department of Education to fund competitive grants to tech prep 18,119
consortia that expand the number of students enrolled in tech 18,120
prep programs. Such grant funds shall be used to directly
support expanded tech prep programs provided to students enrolled 18,121
in school districts, including joint vocational school districts. 18,122
If federal funds for vocational education cannot be used 18,125
for local school district leadership without being matched by 18,126
386
state funds, then an amount as determined by the Superintendent 18,127
of Public Instruction shall be made available from state funds 18,129
appropriated for vocational education. If any state funds are 18,130
used for this purpose, federal funds in an equal amount shall be 18,131
distributed for vocational education in accordance with
authorization of the state plan for vocational education for Ohio 18,132
as approved by the Secretary of the United States Department of 18,134
Education.
Of the foregoing appropriation item 200-545, Vocational 18,136
Education Enhancements, $6,144,277 in fiscal year 2000 and 18,138
$6,451,490 in fiscal year 2001 shall be used to enable students
to develop career plans, to identify initial educational and 18,140
career goals, and to develop a career passport which provides a 18,141
clear understanding of the student's knowledge, skills, and 18,142
credentials to present to future employers, universities, and 18,143
other training institutes. The amount shall be allocated to
school districts pursuant to guidelines developed by the 18,146
Department of Education for programs described in section 18,147
3313.607 of the Revised Code for children in the kindergarten 18,149
through twelfth grades. Funds so allocated shall be used for
educational materials, services, career information, curriculum 18,150
development, staff development, mentorships, career exploration, 18,151
and career assessment instruments as needed to develop 18,152
individualized career plans and passports.
Of the foregoing appropriation item 200-545, Vocational 18,154
Education Enhancements, $5,188,703 in fiscal year 2000 and 18,155
$5,707,573 in fiscal year 2001 shall be used to provide an amount 18,157
to each eligible school district for the replacement or updating 18,158
of equipment essential for the instruction of students in job 18,159
skills taught as part of a vocational program or programs
approved for such instruction by the State Board of Education. 18,161
School districts replacing or updating vocational education 18,162
equipment may purchase or lease such equipment. The Department 18,163
of Education shall review and approve all equipment requests and 18,164
387
may allot appropriated funds to eligible school districts on the 18,166
basis of the number of units of vocational education in all 18,167
eligible districts making application for funds. 18,168
The State Board of Education may adopt standards of need 18,171
for equipment allocation. Pursuant to the adoption of any such
standards of need by the State Board of Education, appropriated 18,173
funds may be allotted to eligible districts according to such
standards. Equipment funds allotted under either process shall 18,174
be provided to a school district on a 40, 50, or 60 per cent of 18,175
cost on the basis of a district vocational priority index rating 18,176
developed by the Department of Education for all districts each 18,178
year. The vocational priority index shall give preference to
districts with a large percentage of disadvantaged students and 18,179
shall include other socio-economic factors as determined by the 18,180
State Board of Education. 18,181
Of the foregoing appropriation item 200-545, Vocational 18,183
Education Enhancements, up to $400,000 in fiscal year 2000 and up 18,184
to $200,000 in fiscal year 2001 may be used to pay for 18,185
transitional funding to low-wealth joint vocational school
districts. This transitional funding is for fiscal year 2000 and 18,186
fiscal year 2001 only and will not be provided beyond the current 18,187
biennium. For fiscal year 2000, joint vocational school 18,188
districts with adjusted recognized valuation per pupil equal to 18,189
or less than $3,000,000 are guaranteed to receive at least a 2.8 18,190
per cent increase in state aid received under section 3317.16 of
the Revised Code less divisions (E) and (F) and under division 18,191
(R) of section 3317.024 of the Revised Code over the amount the 18,192
district received in fiscal year 1999 under the version of 18,193
section 3317.16 of the Revised Code in effect for that year plus 18,194
the amount the district received under section 3317.162 of the 18,195
Revised Code in effect for that year and minus the amounts
received that year for driver education and adult education. For 18,196
fiscal year 2001, joint vocational school districts with adjusted 18,197
recognized valuation per pupil equal to or less than $3,000,000 18,198
388
are guaranteed to receive at least a 1.5 per cent increase in 18,199
state aid received under section 3317.16 of the Revised Code less
divisions (E) and (F) and under division (R) of section 3317.024 18,200
of the Revised Code over the amount the district received in 18,201
fiscal year 1999 under the version of section 3317.16 of the 18,202
Revised Code in effect for that year plus the amount the district 18,203
received under section 3317.162 of the Revised Code in effect for 18,204
that year and minus the amounts received that year for driver 18,205
education and adult education. No district that receives
transitional funding under this paragraph shall receive more than 18,206
$150,000 in fiscal year 2000 and $100,000 in fiscal year 2001. 18,207
Section 4.17. Charge-Off Supplement 18,209
The foregoing appropriation item 200-546, Charge-Off 18,211
Supplement, shall be used by the Department of Education to make 18,212
payments pursuant to section 3317.0216 of the Revised Code. 18,213
By July 15, 2000, the Director of Budget and Management 18,215
shall transfer General Revenue Fund cash equal to the fiscal year 18,216
2000 unencumbered and unallotted balances as of June 30, 2000, in 18,217
appropriation item 200-546, Charge-Off Supplement, to Fund 5G0, 18,218
Video Distance Learning. By July 15, 2001, the Director of 18,219
Budget and Management shall transfer General Revenue Fund cash
equal to the fiscal year 2001 unencumbered and unallotted 18,221
balances in appropriation item 200-546, Charge-Off Supplement, as 18,222
of June 30, 2001, to Fund 5G0, Video Distance Learning. Moneys 18,223
transferred under this section are hereby appropriated.
Power Equalization 18,225
The foregoing appropriation item 200-547, Power 18,227
Equalization, shall be used by the Department of Education to 18,228
make payments pursuant to section 3317.0215 of the Revised Code. 18,229
Reading Improvement 18,231
The foregoing appropriation item 200-551, Reading 18,233
Improvement, shall be used by the Department of Education to fund 18,234
the Reading Recovery Training Network, to cover the cost of 18,235
release time for the teacher trainers, and to provide grants to 18,236
389
districts to implement other reading improvement programs on a 18,238
pilot basis. Funds for this appropriation item may also be used 18,240
to conduct evaluations of the impact and effectiveness of Reading 18,241
Recovery and other reading improvement programs. 18,242
In addition, the Department of Education shall report to 18,244
the General Assembly and the Governor each fiscal year on the 18,245
progress that has been made in implementing these programs, 18,246
including an evaluation of the effectiveness of the programs. 18,247
Twenty per cent of the foregoing appropriation item 18,249
200-551, Reading Improvement, shall be used for the continuation 18,250
of a phonics demonstration project as described in Sub. H.B. 81 18,251
of the 121st General Assembly. The Department of Education may 18,253
make a portion of the funds for the demonstration project 18,254
available to additional school districts that want to participate 18,255
in the program that did not receive funding under the original 18,256
project authorized in Sub. H.B. 81 of the 121st General Assembly. 18,257
County MR/DD Boards-Vehicle Purchases 18,259
The foregoing appropriation item 200-552, County MR/DD 18,261
Boards Vehicle Purchases, shall be used to provide financial 18,262
assistance to MR/DD boards for the purchase of vehicles as 18,263
permitted in section 3317.07 of the Revised Code. 18,264
The foregoing appropriation item 200-553, County MR/DD 18,266
Boards Transportation Operating, shall be used to provide 18,267
financial assistance for transportation operating costs as 18,268
provided in section 3317.024 of the Revised Code. The 18,270
reimbursement rate shall be based on the rate defined in division
(D) of section 3317.022 of the Revised Code. 18,271
Emergency Loan Interest Subsidy 18,273
The foregoing appropriation item 200-558, Emergency Loan 18,275
Interest Subsidy, shall be used to provide a subsidy to school 18,277
districts receiving emergency school loans pursuant to section
3313.484 of the Revised Code. The subsidy shall be used to pay 18,278
these districts the difference between the amount of interest the 18,280
district is paying on an emergency loan, and the interest that 18,281
390
the district would have paid if the interest rate on the loan had 18,282
been two per cent.
Section 4.18. OhioReads Grants 18,284
Of the foregoing appropriation item 200-566, OhioReads 18,286
Grants, $20,000,000 each year shall be disbursed by the OhioReads 18,288
Office in the Department of Education at the direction of the 18,289
OhioReads Council, to provide classroom grants to public schools 18,290
in city, local, and exempted village school districts; community 18,291
schools; and educational service centers serving kindergarten 18,292
through fourth grade students. 18,293
Of the foregoing appropriation item 200-566, OhioReads 18,295
Grants, $5,000,000 each year shall be disbursed by the OhioReads 18,296
Office in the Department of Education at the direction of the 18,297
OhioReads Council, to provide community matching grants to 18,299
community organizations and associations, libraries, and others
for tutoring, tutor recruitment and training, and parental 18,300
involvement.
Grants awarded by the OhioReads Council are intended to 18,302
improve reading outcomes, especially on the fourth grade reading 18,303
proficiency test.
School Improvement Incentive Grants 18,305
Of the foregoing appropriation item 200-570, School 18,307
Improvement Incentive Grants, $2,000,000 in each fiscal year 18,308
shall be used to provide grants of $25,000 per building for 18,310
improvements in reading performance based on selection criteria 18,311
developed by the OhioReads Council.
Of the foregoing appropriation items 200-570, School 18,313
Improvement Incentive Grants, $6,500,000 in each fiscal year 18,314
shall be used to provide grants of $25,000 each to elementary 18,316
schools and $50,000 each to middle schools, junior high schools, 18,317
and high schools that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 18,318
on standards developed by the Department of Education. 18,319
Of the foregoing appropriation item 200-570, School 18,321
391
Improvement Incentive Grants, $500,000 in each fiscal year shall 18,322
be used to provide grants of $50,000 each to educational service 18,324
centers and joint vocational school districts for exemplary 18,325
programs or that demonstrate significant improvement on
proficiency tests, attendance rates, and graduation rates based 18,326
on standards developed by the Department of Education. 18,327
Of the foregoing appropriation item 200-570, School 18,329
Improvement Incentive Grants, $1,000,000 in each fiscal year 18,330
shall be used to provide grants of $25,000 each to schools 18,332
selected for superior performance by BEST, Building Excellent
Schools for Today and the 21st Century. 18,333
Teacher Incentive Grants 18,335
The foregoing appropriation item 200-572, Teacher Incentive 18,337
Grants, shall be used by the Department of Education to pay 18,338
one-time stipends to qualified teachers of reading, mathematics, 18,339
and science. To be eligible, teacher applicants must hold a 18,340
valid teaching certificate; be employed by a city, local, 18,341
exempted village, or joint vocational school district; and be
certified by the district as necessary to meet an existing need 18,342
for teachers with a reading, mathematics, or science credential. 18,343
Individuals with an elementary school teaching certificate 18,345
that successfully complete a program for a reading endorsement, 18,346
and who successfully complete the examination prescribed by the 18,347
State Board of Education, shall be paid a stipend of $1,000. 18,348
Individuals with a high school teaching certificate that
successfully complete a program required to add mathematics or 18,349
science to that certificate, and who successfully complete the 18,350
mathematics or science examination prescribed by the State Board 18,351
of Education, shall be paid a stipend of $1,500. The variance in 18,352
stipend amounts reflects the variance in requirements to secure 18,353
the different credentials.
Character Education 18,355
Of the foregoing appropriation item 200-573, Character 18,357
Education, up to $50,000 in each fiscal year shall be used to 18,358
392
develop, produce, or otherwise obtain a distance learning 18,359
program, a video presentation, or other method of offering 18,360
instruction in character education to multiple school districts. 18,361
The program, presentation, or other method of instruction shall 18,362
be made available to all school districts. 18,363
The remainder of appropriation item 200-573, Character 18,365
Education, shall be used by the Department of Education to 18,367
provide matching grants of up to $50,000 each to school districts 18,368
to develop pilot character education programs.
Substance Abuse Prevention 18,370
Of the foregoing appropriation item 200-574, Substance 18,372
Abuse Prevention, up to $2,000,000 in fiscal year 2000 and up to 18,373
$2,120,000 in fiscal year 2001 shall be used for the Safe and 18,374
Drug Free Schools Coordinators Program. Of the foregoing 18,375
appropriation item 200-574, Substance Abuse Prevention, up to 18,376
$300,000 in each fiscal year of the biennium shall be used for 18,377
the Substance Abuse Prevention Student Assistance Program. The 18,378
Department of Education and the Department of Alcohol and Drug 18,379
Addiction Services shall jointly develop and approve a plan for 18,380
the expenditure of these funds including, but not limited to, the
development of position descriptions and training specifications 18,381
for safe and drug free schools coordinators. Safe and drug free 18,383
schools coordinators shall possess or be in the process of 18,384
obtaining credentials issued by the Ohio Credentialing Board for 18,385
Chemical Dependency Professionals or other credentials recognized 18,386
by that board.
12th Grade Proficiency Stipend 18,388
The foregoing appropriation item 200-575, 12th Grade 18,390
Proficiency Stipend, shall be used to fund a $500 scholarship to 18,391
each student who meets the requirements of section 3365.15 of the 18,392
Revised Code.
Within thirty days of the effective date of this section, 18,394
the Director of Budget and Management shall transfer the 18,395
appropriation for this program to the Ohio Board of Regents for 18,396
393
its administration.
River Valley School Environmental Issues 18,398
The foregoing appropriation item 200-580, River Valley 18,400
School Environmental Issues, shall be used to assist with costs 18,401
arising from environmental assessment and clean-up of potential 18,402
environmental contamination of school facilities of the River 18,403
Valley Local School District.
Auxiliary Services Mobile Repair 18,405
Notwithstanding section 3317.064 of the Revised Code, if 18,407
the unobligated cash balance is sufficient, the Treasurer of 18,408
State shall transfer $1,500,000 in fiscal year 2000 within thirty 18,409
days of the effective date of this section and $1,500,000 in 18,410
fiscal year 2001 by August 1, 2000, from the Auxiliary Services 18,411
Personnel Unemployment Compensation Fund to the Department of 18,412
Education's Auxiliary Services Mobile Repair Fund (Fund 598). 18,413
Within 30 days after the effective date of this section, 18,415
the Superintendent of Public Instruction shall certify to the 18,416
Director of Budget and Management the amount of cash to be 18,417
transferred from the Miscellaneous Revenue Fund, Fund 452, to the 18,418
Educational Grants Fund, Fund 620.
Coordinated School Health and AIDS Education 18,420
The Department of Education shall not commit or spend any 18,422
moneys from appropriation item 200-625, Coordinated School 18,423
Health, or appropriation item 200-668, AIDS Education, for 18,424
activities in preparation for or during the 1999-2000 school year 18,425
or for the 2000-2001 school year until the General Assembly has 18,426
approved program plans for these purposes through the adoption of
a concurrent resolution. Before the House of Representatives or 18,427
the Senate votes on a concurrent resolution approving program 18,428
plans, its standing committee having principal jurisdiction over 18,429
primary and secondary education legislation shall conduct at 18,430
least one public hearing on the program plans. Tobacco use 18,431
prevention programs and dental health programs are exempt from
these requirements. 18,432
394
Section 4.19. Lottery Profits Education Fund 18,435
Appropriation item fund 017 200-612, Base Cost Funding, 18,438
shall be used in conjunction with GRF appropriation item 200-501, 18,439
Base Cost Funding, to provide payments to school districts
pursuant to Chapter 3317. of the Revised Code. 18,441
Of the foregoing appropriation item fund 017 200-612, Base 18,444
Cost Funding, $25,000,000 in each fiscal year shall be used from 18,445
the funds transferred from the Unclaimed Prizes Trust Fund 18,446
pursuant to the section entitled "Transfers from the Unclaimed 18,447
Prizes Fund" of this act.
The Department of Education, with the approval of the 18,449
Director of Budget and Management, shall determine the monthly 18,450
distribution schedules of the GRF appropriation item 200-501 and 18,451
fund 017 appropriation item 200-610. If adjustments to the 18,452
monthly distribution schedule are necessary, the Department of 18,454
Education shall make such adjustments with the approval of the 18,455
Director of Budget and Management. 18,456
The Director of Budget and Management shall transfer via 18,458
intrastate transfer voucher the amount appropriated under the 18,460
Lottery Profits Education Fund for appropriation item 200-682, 18,461
Lease Rental Payment Reimbursement, to the General Revenue Fund 18,462
on a schedule determined by the director. These funds shall
support the GRF appropriation item 230-428, Lease Rental 18,464
Payments, of the School Facilities Commission. 18,465
Lottery Profits Transfers* 18,467
On the 15th day of May of each fiscal year, the Director of 18,469
Budget and Management shall determine if lottery profits 18,470
transfers will meet the appropriation amounts from the Lottery 18,471
Profits Education Fund. 18,472
On or after the date specified in each fiscal year, if the 18,474
director determines that lottery profits will not meet 18,475
appropriations and if other funds are not available to meet the 18,476
shortfall, the Superintendent of Public Instruction shall take 18,477
the actions specified under the "Reallocation of Funds" section 18,479
395
of this act.
Transfers from the Unclaimed Prizes Fund 18,481
By January 15 of fiscal year 2000 and by January 15 of 18,483
fiscal year 2001, the Director of Budget and Management shall 18,485
transfer $25,000,000 from the State Lottery Commission's 18,486
Unclaimed Prizes Fund to the Lottery Profits Education Fund, to
be used solely for purposes specified in the Department of 18,487
Education's budget. Transfers of unclaimed prizes under this 18,488
provision shall not count as lottery profits in the determination 18,489
made concerning excess profits titled "Lottery Profits" under the 18,491
Department of Education in this act.
Child Nutrition Services 18,493
The foregoing appropriation item 200-651, Child Nutrition 18,495
Services, shall be used by the Department of Education to support 18,496
19 pilot programs to provide nutritional benefits to older 18,497
children enrolled in educational or enrichment activities. Such 18,498
appropriated amounts may not be used as matching funds. The 18,499
Director of Human Services and the Superintendent of Public 18,501
Instruction shall develop reporting guidelines on the use of 18,502
these moneys. The Department of Education shall assure that 18,503
children receiving these benefits meet TANF eligibility criteria. 18,504
Any fiscal year 2000 moneys from this transfer remaining unspent 18,505
on June 30, 2000, shall be transferred by the Director of Budget 18,506
and Management no later than August 1, 2000, to appropriation 18,507
item 600-411, TANF Federal Block Grant, in the Department of Job 18,508
and Family Services.
Teacher Certification and Licensure 18,510
The foregoing appropriation item 200-681, Teacher 18,512
Certification and Licensure, shall be used by the Department of 18,513
Education in each year of the biennium to administer teacher 18,514
certification and licensure functions pursuant to sections 18,515
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24 18,516
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and 18,517
3319.51 of the Revised Code. 18,518
396
Section 4.20. Property Tax Allocation 18,520
The Superintendent of Public Instruction shall not request 18,522
and the Controlling Board shall not approve the transfer of funds 18,523
from appropriation item 200-901, Property Tax 18,524
Allocation-Education, to any other appropriation line item. 18,525
School District Solvency Assistance 18,527
The foregoing appropriation item 200-687, School District 18,529
Solvency Assistance, shall be used to make advancements to school 18,531
districts to enable them to remain solvent pursuant to section
3316.20 of the Revised Code. Reimbursements from school 18,534
districts for any amounts advanced shall be made to the School 18,535
District Solvency Assistance Fund. 18,536
Section 4.21. Distribution Formulas* 18,538
The Department of Education shall report the following to 18,540
the Director of Budget and Management, the Legislative Office of 18,541
Education Oversight, and the Legislative Budget Officer of the 18,542
Legislative Service Commission: 18,543
(A) Changes in formulas for distributing state 18,545
appropriations, including administratively defined formula 18,546
factors; 18,547
(B) Discretionary changes in formulas for distributing 18,549
federal appropriations; 18,550
(C) Federally mandated changes in formulas for 18,552
distributing federal appropriations. 18,553
Any such changes shall be reported two weeks prior to the 18,555
effective date of the change. 18,556
Section 4.22. Educational Service Centers Funding 18,558
Notwithstanding division (B) of section 3317.11 of the 18,560
Revised Code, no funds shall be provided to an educational 18,561
service center in either fiscal year for any pupils of a city or 18,562
exempted village school district unless an agreement to provide 18,563
services under section 3313.843 of the Revised Code was entered
into by January 1, 1997, except that funds shall be provided to 18,564
an educational service center for any pupils of a city school 18,565
397
district if the agreement to provide services was entered into 18,566
within one year of the date upon which such district changed from 18,567
a local school district to a city school district. If
insufficient funds are appropriated in fiscal year 2000 for the 18,568
purposes of division (B) of section 3317.11 of the Revised Code, 18,569
the department shall first distribute to each educational service 18,570
center $36 per pupil in its service center ADM, as defined in 18,571
that section. The remaining funds in the fiscal year shall be 18,572
distributed to each educational service center at a rate of $36 18,573
per pupil in its client ADM, as defined in that section, that is
attributable to each city and exempted village school district 18,574
that had entered into an agreement with an educational service 18,575
center for that fiscal year under section 3313.843 of the Revised 18,576
Code by January 1, 1997, in order of the dates on which such 18,577
agreements were entered into, beginning with the earliest such 18,578
date; except that any service center that received funds for the
pupils of a city or exempted village school district in fiscal 18,579
year 1999 shall receive funds for the pupils of such district in 18,580
fiscal year 2000 if such district has entered into an agreement 18,581
with that educational service center for that fiscal year. If 18,582
insufficient funds are appropriated in fiscal year 2001 for the 18,583
purposes of division (B) of section 3317.11 of the Revised Code, 18,584
the department shall first distribute to each educational service 18,585
center $37 per pupil in its service center ADM. The remaining 18,586
funds in the fiscal year shall be distributed to each educational 18,587
service center at a rate of $37 per pupil in its client ADM 18,589
attributable to each city and exempted village school district
that had entered into an agreement with an educational service 18,590
center for that fiscal year under section 3313.843 of the Revised 18,591
Code by January 1, 1997, in order of the dates on which such 18,592
agreements were entered into, beginning with the earliest such 18,593
date; except that any educational service center that received 18,594
funds for the pupils in the ADM of a city or exempted village
school district in both fiscal years 1999 and 2000 shall receive 18,595
398
funds for the pupils of such district in fiscal year 2001 if such 18,596
district has entered into an agreement with that educational 18,597
service center for that fiscal year.
Section 4.23. Distribution-School District Subsidy 18,599
Payments 18,600
The provisions of this section shall not take effect unless 18,603
the Director of Budget and Management adopts an order putting 18,604
them into effect and certifies a copy of the order to the 18,605
Superintendent of Public Instruction and the Controlling Board. 18,606
Notwithstanding any other provision of the Revised Code, 18,608
the monthly distribution of payments made to school districts and 18,609
educational service centers pursuant to section 3317.01 of the 18,610
Revised Code for the first six months of each fiscal year shall 18,612
equal, as nearly as possible, six and two-thirds per cent of the 18,613
estimate of the amounts payable for each fiscal year. The 18,614
monthly distribution of payments for the last six months of each 18,615
fiscal year shall equal, as nearly as possible, ten per cent of 18,616
the final calculation of the amounts payable to each school 18,617
district for that fiscal year.
The treasurer of each school district or educational 18,619
service center may accrue, in addition to the payments defined in 18,621
this section, to the accounts of the calendar years that end 18,622
during each fiscal year, the difference between the sum of the 18,623
first six months' payments in each fiscal year and the amounts 18,624
the district would have received had the payments been made in, 18,625
as nearly as possible in each fiscal year, twelve equal monthly 18,626
payments.
Notwithstanding the limitations on the amount of borrowing 18,628
and time of payment provided for in section 133.10 of the Revised 18,629
Code but subject to the provisions of sections 133.26 and 133.30 18,630
of the Revised Code, a board of education of a school district 18,631
may at any time between July 1, 1999, and December 31, 1999, or 18,632
at any time between July 1, 2000, and December 31, 2000, borrow 18,633
money to pay any necessary and actual expenses of the school 18,634
399
district during the last six months of calendar years 1999 and 18,635
2000 and in anticipation of the receipt of any portion of the 18,636
payments to be received by that district in the first six months 18,637
of calendar years 2000 and 2001 representing the respective 18,638
amounts accrued pursuant to the preceding paragraph, and issue 18,639
notes to evidence that borrowing to mature no later than the 18,640
thirtieth day of June of the calendar year following the calendar 18,641
year in which such amount was borrowed. The principal amount 18,642
borrowed in the last six months of calendar years 1999 or 2000 18,643
under this paragraph may not exceed the entire amount accrued or 18,644
to be accrued by the district treasurer in those calendar years 18,645
pursuant to the preceding paragraph. The proceeds of the notes 18,646
shall be used only for the purposes for which the anticipated 18,647
receipts are lawfully appropriated by the board of education. No 18,648
board of education shall be required to use the authority granted 18,649
by this paragraph. The receipts so anticipated, and additional 18,650
amounts from distributions to the districts in the first six 18,651
months of calendar years 2000 and 2001 pursuant to Chapter 3317. 18,652
of the Revised Code needed to pay the interest on the notes, 18,653
shall be deemed appropriated by the board of education to the 18,654
extent necessary for the payment of the principal of and interest 18,655
on the notes at maturity, and the amounts necessary to make those 18,656
monthly distributions are hereby appropriated from the General 18,657
Revenue Fund. For the purpose of better ensuring the prompt 18,658
payment of principal of and interest on the notes when due, the 18,659
resolution of the board of education authorizing the notes may 18,660
direct that the amount of the receipts anticipated, together with 18,661
those additional amounts needed to pay the interest on the 18,662
borrowed amounts, shall be deposited and segregated, in trust or 18,663
otherwise, to the extent, at the time or times, and in the manner 18,664
provided in that resolution. The borrowing authorized by this 18,665
section shall not constitute debt for purposes of section 133.04 18,666
of the Revised Code. School districts shall be reimbursed by the 18,667
state for all necessary and actual costs to districts arising 18,668
400
from this provision, including, without limitation, the interest 18,669
paid on the notes while the notes are outstanding. The 18,670
Department of Education shall adopt rules that are not 18,671
inconsistent with this section for school district eligibility 18,672
and application for reimbursement of such costs. Payments of 18,673
these costs shall be made out of any anticipated balances in 18,674
appropriation items distributed under Chapter 3317. of the 18,675
Revised Code. The department shall submit all requests for 18,676
reimbursement under these provisions to the Controlling Board for 18,677
approval. 18,678
During the last six months of each calendar year, instead 18,680
of deducting the amount the Superintendent of Public Instruction 18,681
would otherwise deduct from a school district's or educational 18,683
service center's state aid payments in accordance with the 18,684
certifications made for such year pursuant to sections 3307.56 18,685
and 3309.51 of the Revised Code, the superintendent shall deduct 18,687
an amount equal to forty per cent of the amount so certified. 18,688
The secretaries of the retirement systems shall compute the 18,689
certifications for the ensuing year under such sections as if the 18,690
entire amounts certified as due in the calendar year ending the 18,691
current fiscal year, but not deducted pursuant to this paragraph, 18,692
had been deducted and paid in that calendar year. During the 18,693
first six months of the ensuing calendar year, in addition to 18,694
deducting the amounts the Superintendent of Public Instruction is 18,695
required to deduct under such sections during such period, the 18,696
superintendent shall deduct from a district's or educational 18,697
service center's state aid payments an additional amount equal to 18,699
the amount that was certified as due from the district for the 18,700
calendar year that ends during the fiscal year, but that was not 18,701
deducted because of this paragraph. The superintendent's 18,702
certifications to the Director of Budget and Management during 18,703
the first six months of the calendar year shall reflect such 18,704
additional deduction.
Section 4.24. Reallocation of Funds 18,706
401
(A) As used in this section: 18,708
(1) "Basic aid" means the amount calculated for the school 18,711
district received for the fiscal year under divisions (A) and (C) 18,712
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029, 18,714
3317.0212, and 3317.0213 of the Revised Code and the amount 18,715
computed for a joint vocational school district under section 18,716
3317.16 of the Revised Code.
(2) "Nonbasic aid" means the amount computed for a school 18,719
district for fiscal year 2000 or fiscal year 2001 under Chapter 18,720
3317. of the Revised Code and this act, excluding the district's 18,721
basic aid and the amount computed under such chapter and acts for 18,722
educational service centers, MR/DD boards, and institutions. 18,723
(B) If in either fiscal year of the biennium the Governor 18,725
issues an order under section 126.05 of the Revised Code to 18,726
reduce expenditures and incurred obligations and the order 18,727
requires the superintendent to reduce such state education 18,728
payments, or if lottery profits transfers are insufficient to 18,730
meet the amounts appropriated from the Lottery Profits Education 18,731
Fund for base cost funding, and if other funds are not sufficient 18,732
to offset the shortfall, the superintendent shall reduce nonbasic 18,734
aid payments so that the total amount expended in the fiscal year 18,735
will not exceed the amount available for expenditure pursuant to 18,736
the Governor's order. Subject to Controlling Board approval, the 18,737
superintendent shall reallocate appropriations not yet expended 18,738
from one program to another. 18,739
(C)(1) If further reductions in nonbasic aid are necessary 18,742
following the reallocations implemented pursuant to division (B) 18,743
of this section, the superintendent shall request the Controlling 18,744
Board to approve the use of the money appropriated by this 18,745
division. The superintendent shall include with the 18,746
superintendent's request a report listing the amount of
reductions that each school district will receive if the request 18,747
is not approved, and also the amount of the reduction, if any, 18,748
that will still be required if the use of the money appropriated 18,749
402
by this section is approved.
(2) In accordance with division (C)(1) of this section, 18,751
there is hereby appropriated to the Department of Education from 18,752
the unobligated balance remaining in the Lottery Profits 18,753
Education Fund at the end of fiscal year 1999 the lesser of: the 18,754
unobligated balance in the fund, or the amount needed to preclude 18,756
a reallocation pursuant to this section. The money appropriated 18,757
by this division may be spent or distributed by the department 18,758
only with the approval of the Controlling Board. 18,759
(D) If reductions in nonbasic aid are still necessary 18,762
following the actions taken pursuant to divisions (B) and (C) of 18,763
this section, the superintendent shall determine by what 18,764
percentage expenditures for nonbasic aid must be reduced for the 18,765
remainder of the fiscal year to make the total amount distributed 18,766
for the year equal the amount appropriated or available for 18,767
distribution. The superintendent shall reduce by that percentage 18,768
the amount to be paid in nonbasic aid to each city, exempted 18,769
village, local, and joint vocational school district, to each 18,770
educational service center, to each county board of mental 18,771
retardation and developmental disabilities, and to each 18,772
institution providing special education programs under section 18,773
3323.091 of the Revised Code for the remainder of the fiscal 18,774
year.
Section 4.25. Lottery Profits 18,776
(A) There is hereby created the Lottery Profits Education 18,778
Reserve Fund (Fund 018) in the State Treasury. At no time shall 18,779
the amount to the credit of the fund exceed $75,000,000. 18,780
Investment earnings of the Lottery Profits Education Reserve Fund 18,781
shall be credited to the fund. Notwithstanding any provisions of 18,782
law to the contrary, for fiscal years 2000 and 2001, there is 18,783
hereby appropriated to the Department of Education, from the 18,784
Lottery Profits Education Reserve Fund, an amount necessary to 18,785
make loans authorized by sections 3317.0210, 3317.0211, and 18,786
3317.62 of the Revised Code. All loan repayments from loans made 18,787
403
in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 18,788
shall be deposited into the credit of the Lottery Profits 18,789
Education Reserve Fund.
(B)(1) On or before July 15, 1999, the Director of Budget 18,791
and Management shall determine the amount by which lottery profit 18,792
transfers received by the Lottery Profits Education Fund for 18,793
fiscal year 1999 exceed $688,873,028. The amount so certified 18,795
shall be distributed in fiscal year 2000 pursuant to divisions 18,797
(C) and (D) of this section.
(2) On or before July 15, 2000, the Director of Budget and 18,799
Management shall determine the amount by which lottery profit 18,800
transfers received by the Lottery Profits Education Fund for 18,801
fiscal year 2000 exceed $661,000,000. The amount so determined 18,802
shall be distributed in fiscal year 2001 pursuant to divisions 18,803
(E) and (F) of this section. 18,804
The Director of Budget and Management shall annually 18,806
certify the amounts determined pursuant to this section to the 18,807
Speaker of the House of Representatives and the President of the 18,808
Senate.
(C) Not later than June 15, 2000, the Department of 18,810
Education, in consultation with the Director of Budget and 18,811
Management, shall determine, based upon estimates, if a 18,812
reallocation of funds as described in the section of this act 18,813
titled "Reallocation of Funds" is required. 18,814
If a reallocation of funds is required, then the 18,816
Superintendent of Public Instruction shall request Controlling 18,817
Board approval for a release of any balances in the Lottery 18,818
Profits Education Fund available for the purpose of this division 18,819
and pursuant to divisions (C)(1) and (2) of the section of this 18,820
act titled "Reallocation of Funds." Any moneys so released are 18,821
hereby appropriated. 18,822
(D) In fiscal year 2000, if the Department of Education 18,824
does not determine that a reallocation of funds is necessary by 18,825
the fifteenth day of June, as provided in division (C) of this 18,827
404
section, or if there is a balance in the Lottery Profits 18,828
Education Fund after the release of any amount needed to preclude 18,829
a reallocation of funds as provided in division (C) of this 18,830
section, the moneys in the Lottery Profits Education Fund shall 18,831
be allocated as provided in this division. Any amounts so 18,832
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 18,834
profits of $688,873,028 in fiscal year 1999 or the amount 18,835
remaining in the fund, whichever is the lesser amount, shall be 18,836
transferred to the Lottery Profits Education Reserve Fund within 18,837
the limitations specified in division (A) of this section and be 18,838
reserved and shall not be available for allocation or 18,839
distribution during fiscal year 2000. Any amounts exceeding 18,840
$75,000,000 shall be distributed pursuant to division (G) of this 18,841
section. 18,842
(E) Not later than June 15, 2001, the Department of 18,844
Education, in consultation with the Director of Budget and 18,845
Management, shall determine, based upon estimates, if a 18,846
reallocation of funds as described in the section of this act 18,847
titled "Reallocation of Funds" is required. 18,848
If a reallocation of funds is required, then the 18,850
Superintendent of Public Instruction shall request Controlling 18,851
Board approval for a release of any balances in the Lottery 18,852
Profits Education Fund available for the purpose of this division 18,853
and pursuant to divisions (C)(1) and (2) of the section of this 18,854
act titled "Reallocation of Funds." Any moneys so released are 18,855
hereby appropriated. 18,856
(F) In fiscal year 2001, if the Department of Education 18,858
does not determine that a reallocation of funds is necessary by 18,859
the fifteenth day of June, as provided in division (E) of this 18,861
section, or if there is a balance in the Lottery Profits 18,862
Education Fund after the release of any amount needed to preclude 18,863
a reallocation of funds as provided in division (E) of this 18,864
section, the moneys in the Lottery Profits Education Fund shall 18,865
405
be allocated as provided in this division. Any amounts so 18,866
allocated are hereby appropriated.
An amount equal to five per cent of the estimated lottery 18,868
profits transfers of $661,000,000 in fiscal year 2000 or the 18,869
amount remaining in the fund, whichever is the lesser amount, 18,870
shall be transferred to the Lottery Profits Education Reserve 18,871
Fund within the limitations specified in division (A) of this 18,872
section and be reserved and shall not be available for allocation 18,873
or distribution during fiscal year 2001. Any amounts exceeding 18,874
$75,000,000 shall be distributed pursuant to division (G) of this 18,876
section.
(G) In the appropriate fiscal year, any remaining amounts 18,878
after the operations required by division (D) or (F) of this 18,879
section, respectively, shall be transferred to the Public School 18,880
Building Fund (Fund 021) and such amount is hereby appropriated 18,881
to appropriation item CAP-622, Public School Buildings, in the 18,882
School Facilities Commission.
Section 4.26.* For the school year commencing July 1, 18,884
1999, or the school year commencing July 1, 2000, or both, the 18,885
Superintendent of Public Instruction may waive for the board of 18,886
education of any school district the ratio of teachers to pupils 18,887
in kindergarten through fourth grade required under paragraph 18,888
(A)(3) of rule 3301-35-03 of the Administrative Code if the 18,889
following conditions apply: 18,890
(A) The board of education requests the waiver; 18,892
(B) After the Department of Education conducts an on-site 18,894
evaluation of the district related to meeting the required ratio, 18,895
the board of education demonstrates to the satisfaction of the 18,896
Superintendent of Public Instruction that providing the 18,898
facilities necessary to meet the required ratio during the 18,899
district's regular school hours with pupils in attendance would 18,900
impose an extreme hardship on the district; 18,901
(C) The board of education provides assurances that are 18,903
satisfactory to the Superintendent of Public Instruction that the 18,904
406
board will act in good faith to meet the required ratio as soon 18,905
as possible. 18,906
Section 4.27.* Teacher and Nonteacher Salary Schedules 18,908
(A) As used under this heading: 18,910
(1) "Teachers' salary schedule" means the salary schedule 18,913
adopted pursuant to section 3317.14 of the Revised Code, except 18,914
that it does not include any separate salary level for teachers 18,915
with twelve or more years of service or for any separate level of 18,916
training and experience except those levels separately set forth 18,917
in the salary schedule in section 3317.13 of the Revised Code. 18,918
(2) "Nonteaching salary schedule" means the salary 18,921
schedule adopted pursuant to section 3317.12 of the Revised Code. 18,922
(B) If the salary for any number of years of service at 18,924
any level of training and experience in a board of education's 18,925
teachers' salary schedule that was in effect on June 30, 1994, 18,926
was less than the amount required for that number of years of 18,927
service at that level in order to be in compliance with the 18,928
minimum salary requirements imposed by this act for the 1994-1995 18,929
school year, that board shall increase the salaries for each 18,930
position classification and level of service in the nonteaching 18,931
salary schedule for the 1994-1995 school year as follows: 18,932
(1) Add the salaries at each level of training and 18,934
experience in the teachers' salary schedule that was in effect on 18,935
June 30, 1994. 18,936
(2) At each level of training and experience, increase the 18,938
salary in the June 30, 1994, teachers' salary schedule if an 18,939
increase is required for the 1994-1995 school year in order to 18,940
bring that schedule into compliance with this act, but do not 18,941
increase the salary to more than the minimum amount required to 18,942
be in compliance. 18,943
(3) Recompute division (B)(1) under this heading, 18,945
substituting the increased salaries included in division (B)(2) 18,946
under this heading. 18,947
(4) Divide the sum obtained in division (B)(3) under this 18,949
407
heading by the sum obtained in division (B)(1) under this 18,950
heading. 18,951
(5) Multiply the salary for each position classification 18,953
and level of service included in the nonteaching salary schedule 18,954
by the quotient obtained in division (B)(4) under this heading. 18,955
No school district affected by this division shall pay any 18,957
nonteaching school employee for the 1994-1995 school year at a 18,958
rate that is less than that to which the employee would be 18,959
entitled if the employee were paid under the adjusted nonteaching 18,961
salary schedule computed under division (B)(5) of this heading. 18,962
Section 4.28.* Notwithstanding any provision of division 18,964
(F) of section 3311.06 of the Revised Code limiting interdistrict 18,967
payments under annexation agreements to amounts certified under 18,968
former section 3317.029 of the Revised Code, a party to an 18,969
annexation agreement entered into prior to the effective date of 18,970
this section which contains an agreement to pay, in respect of
its territory which is annexed territory, an amount which exceeds 18,971
or exceeded the amount certified under former section 3317.029 of 18,972
the Revised Code may pay such agreed amount, if the agreement 18,973
expressly states the intention of the parties not to be bound by 18,974
such limitation if so permitted by law. 18,975
Section 4.29. Private Treatment Facility Pilot Project 18,977
(A) As used in this section: 18,979
(1) The following are "participating residential treatment 18,981
centers":
(a) Private residential treatment facilities which have 18,983
entered into a contract with the Ohio Department of Youth 18,984
Services to provide services to children placed at the facility 18,985
by the department and which, in fiscal year 2000 or 2001 or both, 18,987
the department pays through appropriation item 470-401, Care and 18,988
Custody;
(b) Abraxas, in Shelby; 18,990
(c) Paint Creek, in Bainbridge; 18,992
(d) Act One, in Akron; 18,994
408
(e) Friars Club, in Cincinnati. 18,996
(2) "Education program" means an elementary or secondary 18,998
education program or a special education program and related 18,999
services. 19,000
(3) "Served child" means any child receiving an education 19,002
program pursuant to division (B) of this section. 19,003
(4) "School district responsible for tuition" means a 19,005
city, exempted village, or local school district that, if tuition 19,006
payment for a child by a school district is required under law 19,007
that existed in fiscal year 1998, is the school district required 19,009
to pay that tuition.
(5) "Residential child" means a child who resides in a 19,011
participating residential treatment center and who is receiving 19,012
an educational program under division (B) of this section. 19,013
(B) A youth who is a resident of the state and has been 19,016
assigned by a juvenile court or other authorized agency to a 19,017
residential treatment facility specified in division (A) of this 19,018
section shall be enrolled in an approved educational program
located in or near the facility. Approval of the educational 19,020
program shall be contingent upon compliance with the criteria 19,021
established for such programs by the Department of Education. 19,022
The educational program shall be provided by a school district or 19,024
educational service center, or by the residential facility 19,025
itself. Maximum flexibility shall be given to the residential 19,026
treatment facility to determine the provider. In the event that 19,027
a voluntary agreement cannot be reached and the residential 19,028
facility does not choose to provide the educational program, the 19,029
educational service center in the county in which the facility is 19,030
located shall provide the educational program at the treatment 19,031
center to children under the age of twenty-two years residing in 19,032
the treatment center.
(C) Any school district responsible for tuition for a 19,035
residential child shall, notwithstanding any conflicting 19,036
provision of the Revised Code regarding tuition payment, pay 19,037
409
tuition for the child for fiscal years 2000 and 2001 to the 19,038
education program provider and in the amount specified in this 19,039
division. If there is no school district responsible for tuition 19,040
for a residential child and if the participating residential 19,041
treatment center to which the child is assigned is located in the 19,042
city, exempted village, or local school district that, if the 19,043
child were not a resident of that treatment center, would be the 19,044
school district where the child is entitled to attend school 19,045
under sections 3313.64 and 3313.65 of the Revised Code, that 19,046
school district shall, notwithstanding any conflicting provision 19,047
of the Revised Code, pay tuition for the child for fiscal years 19,048
2000 and 2001 under this division unless that school district is 19,049
providing the educational program to the child under division (B) 19,050
of this section.
A tuition payment under this division shall be made to the 19,052
school district, educational service center, or residential 19,053
treatment facility providing the educational program to the 19,054
child. 19,055
The amount of tuition paid shall be: 19,057
(1) The amount of tuition determined for the district 19,059
under division (A) of section 3317.08 of the Revised Code; 19,060
(2) In addition, for any student receiving special 19,062
education pursuant to an individualized education program as 19,063
defined in section 3323.01 of the Revised Code, a payment for 19,064
excess costs. This payment shall equal the actual cost to the 19,065
school district, educational service center, or residential
treatment facility of providing special education and related 19,066
services to the student pursuant to the student's individualized 19,067
education program, minus the tuition paid for the child under 19,068
division (C)(1) of this section. 19,069
A school district paying tuition under this division shall 19,071
not include the child for whom tuition is paid in the district's 19,072
average daily membership certified under division (A) of section 19,073
3317.03 of the Revised Code.
410
(D) In each of fiscal years 2000 and 2001, the Department 19,075
of Education shall reimburse, from appropriations made for the 19,076
purpose, a school district, educational service center, or 19,077
residential treatment facility, whichever is providing the 19,078
service, which has demonstrated that it is in compliance with the 19,079
funding criteria for each served child for whom a school district 19,080
must pay tuition under division (C) of this section. The amount 19,081
of this reimbursement in either fiscal year shall be the formula 19,083
amount specified in section 3317.022 of the Revised Code except 19,084
that the department shall proportionately reduce this 19,085
reimbursement if sufficient funds are not available to pay this 19,086
amount to all qualified providers.
(E) Funds provided to a school district, educational 19,088
service center, or residential treatment facility under this 19,089
section shall be used to supplement, not supplant, funds from 19,090
other public sources for which the school district, service 19,092
center, or residential treatment facility is entitled or 19,093
eligible.
(F) The Department of Education shall track the 19,095
utilization of funds provided to school districts, educational 19,097
service centers, and residential treatment facilities under this 19,098
section and monitor the effect of the funding on the educational 19,099
programs they provide in participating residential treatment 19,100
facilities. The department shall monitor the programs for
educational accountability. 19,101
Section 4.30. School District Participation in National 19,103
Assessment of Education Progress 19,104
The General Assembly intends for the Superintendent of 19,106
Public Instruction to provide for school district participation 19,107
in the administration of the National Assessment of Education 19,109
Progress in fiscal years 2000 and 2001 in accordance with section 19,110
3301.27 of the Revised Code.
Section 4.31. Notwithstanding Chapter 3318. of the Revised 19,113
Code, for purposes of complying with the local share and
411
repayment tax requirements of section 3318.05 of the Revised 19,114
Code, any school district given conditional approval for 19,115
classroom facilities assistance under section 3318.04 of the 19,116
Revised Code as of January 1, 1993, that approved a replacement 19,117
permanent improvement levy at the November 5, 1996, election 19,118
shall be permitted to use the proceeds of such levy, and any 19,119
notes issued or to be issued in anticipation thereof, as 19,120
available funds, within the meaning specified under section 19,121
3318.03 of the Revised Code, to pay the local share of the cost 19,122
of the approved classroom facilities project. Notwithstanding 19,123
the local share as previously determined for purposes of the 19,124
conditional approval of the project, the local share shall be 19,125
equal to the amount of proceeds to be obtained by the district 19,126
under such replacement permanent improvement levy. Such school 19,127
districts shall not be required to obtain approval of either of 19,128
the propositions described in divisions (A) or (B) of section 19,129
3318.051 of the Revised Code. The agreement required under 19,130
section 3318.08 of the Revised Code for the construction and sale 19,132
of the project shall include provisions for the transfer of the 19,133
proceeds of the replacement permanent improvement levy, and any 19,134
notes issued in anticipation thereof, to the school district's 19,135
project construction account, and for the levy of the replacement 19,136
permanent improvement levy.
Section 4.32. Study of EDFLEX ACT 19,138
Staff members from the Legislative Service Commission, the 19,140
Legislative Budget Office of the Legislative Service Commission, 19,141
and the Legislative Office of Education Oversight shall jointly 19,142
study the Department of Education's current pilot implementation 19,143
of the federal "EDFLEX" concept and the new opportunities and 19,144
options now available under the federal EDFLEX Act. The study
shall also examine and recommend courses of action on how duties, 19,145
responsibilities, and funding could best be redivided between the 19,146
state and school districts under the law and what federal 19,147
regulations or other requirements might be lessened or abolished. 19,148
412
In making recommendations, the authors shall utilize information 19,149
and recommendations from the department's reorganization review.
The report to the leaders of the Ohio House of Representatives 19,150
and the Ohio Senate and the education committee chairs and 19,152
ranking minority members of the two chambers shall be completed
one year after the federal regulations on the federal EDFLEX Act 19,153
are promulgated, but no later than November 15, 2000. 19,154
Section 4.33. Statewide Study of Professional Development 19,157
Delivery
The Legislative Office of Education Oversight shall conduct 19,159
a statewide assessment of professional development in the state. 19,160
The assessment shall include, but not be limited to, the 19,161
following:
(A) An examination of how professional development funds 19,163
are spent;
(B) A study of the types of professional development 19,165
programs funded with state moneys; 19,167
(C) A study of the role of local professional development 19,169
committees, established under section 3319.22 of the Revised 19,170
Code, in determining the expenditure of professional development 19,171
moneys;
(D) A study of whether Ohio school districts are using the 19,173
professional development strategies most likely to be effective 19,174
in improving student achievement. 19,175
The study shall encompass all facets of professional 19,177
development, including the role of higher education in assisting 19,179
with inservice training for veteran educators. 19,180
The study shall be completed and presented to the General 19,182
Assembly and the Governor not later than November 15, 2000. 19,183
Section 4.34. The Superintendent of Public Instruction 19,185
shall contract with an independent research entity to develop a 19,186
methodology and research design for an evaluation of the pilot 19,188
project approved pursuant to section 3313.975 of the Revised 19,189
Code. The independent research entity shall consult with the 19,190
413
Legislative Office of Education Oversight in the development of
the methodology and research for the evaluation. The evaluation 19,191
shall consist of two parts. The first part shall be a formative 19,192
evaluation examining the implementation of the program, which 19,193
shall be completed by December 31, 1997. The second part shall 19,194
be a comprehensive evaluation of the results of the program, 19,195
which shall be completed by September 1, 1999. The comprehensive 19,197
evaluation shall include at a minimum a study of the impact of
scholarships on student attendance, conduct, commitment to 19,198
education, and standardized test scores; parental involvement; 19,199
the school district's ability to provide services to district 19,200
students; and the availability of alternative educational 19,201
opportunities. The evaluation shall also study the economic 19,202
impact of scholarships on the school district. 19,203
Section 4.35. Prior to October 1, 2000, the Superintendent 19,205
of Public Instruction shall submit a report to the chairpersons 19,207
of the committees of the House of Representatives and the Senate 19,208
that consider education legislation, making recommendations about 19,209
the Pilot Project Scholarship Program and funding levels for 19,210
scholarships for the ensuing biennium. If the superintendent 19,211
requests any input prior to making such report, the 19,212
superintendent shall include representatives of private schools 19,213
and private providers of instructional services among those whose 19,214
input is sought.
Section 5. HEF HIGHER EDUCATIONAL FACILITY COMMISSION 19,216
Agency Fund Group 19,218
461 372-601 Operating Expenses $ 12,000 $ 12,000 19,223
TOTAL AGY Agency Fund Group $ 12,000 $ 12,000 19,226
TOTAL ALL BUDGET FUND GROUPS $ 12,000 $ 12,000 19,229
Section 6. LOT STATE LOTTERY COMMISSION 19,232
State Lottery Fund Group 19,234
044 950-100 Personal Services $ 22,754,332 $ 23,095,613 19,239
044 950-200 Maintenance $ 24,644,625 $ 25,296,625 19,243
044 950-300 Equipment $ 3,841,880 $ 3,274,320 19,247
414
044 950-402 Game and Advertising 19,249
Contracts $ 63,542,098 $ 64,378,735 19,251
044 950-601 Prizes, Bonuses, and 19,253
Commissions $ 173,555,000 $ 172,025,000 19,255
871 950-602 Annuity Prizes $ 180,660,880 $ 190,243,265 19,259
872 950-603 Unclaimed Prize 19,261
Awards $ 14,500,000 $ 10,700,000 19,263
TOTAL SLF State Lottery Fund 19,264
Group $ 483,498,815 $ 489,013,558 19,267
TOTAL ALL BUDGET FUND GROUPS $ 483,498,815 $ 489,013,558 19,270
Operating Expenses 19,273
The foregoing appropriation items include all amounts 19,275
necessary for the purchase and printing of tickets, consultant 19,276
services, and advertising. The Controlling Board may, at the 19,277
request of the State Lottery Commission, authorize additional 19,278
appropriations for operating expenses of the State Lottery 19,279
Commission from the State Lottery Fund up to a maximum of 15 per 19,280
cent of anticipated total revenue accruing from the sale of 19,281
lottery tickets. Amounts authorized by the Controlling Board are 19,282
hereby appropriated. 19,283
Prizes, Bonuses, and Commissions 19,285
Any amounts, in addition to the amounts appropriated in 19,288
appropriation item 950-601, Prizes, Bonuses, and Commissions, 19,289
which are determined by the Director of the State Lottery
Commission to be necessary to fund prizes, bonuses, and 19,291
commissions are hereby appropriated.
Annuity Prizes 19,293
With the approval of the Office of Budget and Management, 19,295
the State Lottery Commission shall transfer cash from the State 19,296
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund 19,297
(Fund 871), in an amount sufficient to fund deferred prizes. The 19,298
Treasurer of State shall, from time to time, credit the Deferred 19,299
Prizes Trust Fund (Fund 871) the pro rata share of interest 19,300
earned by the Treasurer of State on invested balances. 19,301
415
Any amounts, in addition to the amounts appropriated in 19,304
appropriation item 950-602, Annuity Prizes, which are determined 19,305
by the Director of the State Lottery Commission to be necessary 19,306
to fund deferred prizes and interest earnings are hereby 19,308
appropriated.
Public Sector Gaming Study 19,310
If the Director of the State Lottery Commission deems it in 19,312
the best interest of the Ohio Lottery, the director is authorized 19,313
to contribute up to $10,000 to help fund research projects 19,314
concerning public-sector gaming. 19,315
Lottery Profit Review Commission 19,317
There is hereby created the Lottery Profit Review 19,319
Commission. The commission shall contain nine voting members: 19,320
the Director of Budget and Management or the director's designee; 19,321
the Executive Director of the Ohio Lottery Commission or the 19,322
Executive Director's designee; a member appointed by the
Governor; three members of the Senate appointed by the President 19,323
of the Senate; and three members of the House of Representatives 19,324
appointed by the Speaker of the House of Representatives. Not 19,325
more than two members of each house shall be members of the same 19,326
political party. The commission shall perform a comprehensive
review of sales and profits including, but not limited to, the 19,327
long-term fiscal commitment to education from the Ohio Lottery 19,328
Commission and shall issue a report to the Governor and the 19,329
General Assembly not later than March 1, 2000. Upon issuance of 19,330
its report, the commission shall cease to exist.
Section 7. BOR BOARD OF REGENTS 19,332
General Revenue Fund 19,334
GRF 235-321 Operating Expenses $ 3,106,261 $ 3,201,422 19,339
GRF 235-401 Rental Payments to 19,341
the Ohio Public
Facilities Commission $ 365,552,000 $ 377,490,000 19,343
GRF 235-402 Sea Grants $ 299,940 $ 299,940 19,347
416
GRF 235-403 Math/Science Teaching 19,349
Improvement $ 2,200,000 $ 1,700,000 19,351
GRF 235-404 College Readiness 19,353
Initiatives $ 2,650,000 $ 2,564,000 19,355
GRF 235-406 Articulation and 19,357
Transfer $ 1,000,000 $ 1,000,000 19,359
GRF 235-408 Midwest Higher 19,361
Education Compact $ 75,000 $ 75,000 19,363
GRF 235-409 Information System $ 1,389,819 $ 1,389,819 19,367
GRF 235-414 State Grants and 19,369
Scholarship
Administration $ 1,360,630 $ 1,401,449 19,371
GRF 235-415 Jobs Challenge $ 8,743,864 $ 10,979,694 19,375
GRF 235-417 Technology $ 4,000,000 $ 4,000,000 19,379
GRF 235-418 Access Challenge $ 35,313,691 $ 65,268,000 19,383
GRF 235-420 Success Challenge $ 20,068,104 $ 48,741,000 19,387
GRF 235-451 Eminent Scholars $ 0 $ 5,200,000 19,391
GRF 235-454 Research Challenge $ 19,436,382 $ 21,568,440 19,395
GRF 235-455 Productivity 19,397
Improvement Challenge $ 1,655,884 $ 1,695,625 19,399
GRF 235-474 AHEC Program Support $ 2,094,566 $ 2,094,565 19,403
GRF 235-477 Access Improvement 19,405
Projects $ 1,084,842 $ 1,110,879 19,407
GRF 235-501 Instructional Subsidy $1,591,259,165 $1,638,846,940 19,411
GRF 235-502 Student Support 19,413
Services $ 1,033,059 $ 1,057,853 19,415
GRF 235-503 Ohio Instructional 19,417
Grants $ 87,800,000 $ 98,031,000 19,419
GRF 235-504 War Orphans' 19,421
Scholarships $ 4,152,934 $ 4,517,037 19,423
GRF 235-507 OhioLINK $ 6,947,761 $ 7,668,731 19,427
GRF 235-508 Air Force Institute 19,429
of Technology $ 3,500,000 $ 3,500,000 19,431
GRF 235-509 Displaced Homemakers $ 244,996 $ 244,996 19,435
417
GRF 235-510 Ohio Supercomputer 19,437
Center $ 4,834,416 $ 4,932,218 19,439
GRF 235-511 Cooperative Extension 19,441
Service $ 26,643,306 $ 27,708,525 19,443
GRF 235-513 OU Voinovich Center $ 375,000 $ 375,000 19,447
GRF 235-514 Central State 19,449
Supplement $ 10,244,956 $ 10,744,956 19,451
GRF 235-515 CWRU School of 19,453
Medicine $ 4,181,578 $ 4,281,936 19,455
GRF 235-518 Capitol Scholarship 19,457
Programs $ 250,000 $ 250,000 19,459
GRF 235-519 Family Practice $ 6,229,607 $ 6,541,087 19,463
GRF 235-520 Shawnee State 19,465
Supplement $ 2,969,965 $ 2,824,000 19,467
GRF 235-521 OSU Glenn Institute $ 375,000 $ 375,000 19,471
GRF 235-524 Police and Fire 19,473
Protection $ 244,996 $ 244,996 19,475
GRF 235-525 Geriatric Medicine $ 1,062,139 $ 1,087,630 19,479
GRF 235-526 Primary Care 19,481
Residencies $ 3,016,605 $ 3,167,435 19,483
GRF 235-527 Ohio Aerospace 19,485
Institute $ 2,374,973 $ 2,431,973 19,487
GRF 235-530 Academic Scholarships $ 8,000,000 $ 8,000,000 19,491
GRF 235-531 Student Choice Grants $ 43,025,389 $ 49,150,000 19,495
GRF 235-534 Student Workforce 19,497
Development Grants $ 0 $ 2,250,000 19,499
GRF 235-535 Agricultural Research 19,501
and Development
Center $ 36,173,910 $ 38,230,884 19,503
GRF 235-536 Ohio State University 19,505
Clinical Teaching $ 15,621,369 $ 15,996,281 19,507
GRF 235-537 University of 19,509
Cincinnati Clinical
Teaching $ 12,848,363 $ 13,156,724 19,511
418
GRF 235-538 Medical College of 19,513
Ohio at Toledo
Clinical Teaching $ 10,014,602 $ 10,254,953 19,515
GRF 235-539 Wright State 19,517
University Clinical
Teaching $ 4,865,290 $ 4,982,057 19,519
GRF 235-540 Ohio University 19,521
Clinical Teaching $ 4,703,423 $ 4,816,305 19,523
GRF 235-541 Northeastern Ohio 19,525
Universities College
of Medicine Clinical 19,526
Teaching $ 4,837,466 $ 4,953,565 19,528
GRF 235-543 OCPM Clinical Subsidy $ 500,000 $ 500,000 19,532
GRF 235-547 School of 19,534
International
Business $ 1,743,637 $ 1,743,637 19,536
GRF 235-549 Part-time Student 19,538
Instructional Grants $ 12,308,500 $ 12,677,750 19,540
GRF 235-552 Capital Component $ 9,863,295 $ 9,863,295 19,544
GRF 235-553 Dayton Area Graduate 19,546
Studies Institute $ 3,765,832 $ 3,856,212 19,548
GRF 235-554 Priorities in 19,550
Graduate Education $ 3,464,704 $ 3,553,437 19,552
GRF 235-555 Library Depositories $ 2,400,000 $ 2,000,000 19,556
GRF 235-556 Ohio Academic 19,558
Resource Network $ 3,227,819 $ 3,512,182 19,560
GRF 235-558 Long-term Care 19,562
Research $ 318,371 $ 318,371 19,564
GRF 235-561 BGSU Canadian Studies 19,566
Center $ 167,642 $ 167,642 19,568
GRF 235-572 Ohio State University 19,570
Clinic Support $ 1,943,328 $ 2,061,138 19,572
GRF 235-583 Urban University 19,574
Programs $ 8,192,284 $ 6,636,285 19,576
419
GRF 235-585 Ohio University 19,578
Innovation Center $ 49,745 $ 49,745 19,580
GRF 235-587 Rural University 19,582
Projects $ 1,298,070 $ 1,403,624 19,584
GRF 235-588 Ohio Resource Center 19,586
for Mathematics,
Science, and Reading $ 500,000 $ 1,000,000 19,588
GRF 235-595 International Center 19,590
for Water Resources
Development $ 189,381 $ 189,381 19,592
GRF 235-596 Hazardous Materials 19,594
Program $ 244,996 $ 244,996 19,596
GRF 235-599 National Guard 19,598
Tuition Grant Program $ 9,539,575 $ 13,842,740 19,600
TOTAL GRF General Revenue Fund $2,427,578,430 $2,584,022,350 19,603
General Services Fund Group 19,606
456 235-603 Publications $ 35,000 $ 35,000 19,611
TOTAL GSF General Services 19,612
Fund Group $ 35,000 $ 35,000 19,615
Federal Special Revenue Fund Group 19,618
3H2 235-608 Human Services 19,621
Project $ 974,506 $ 761,000 19,623
3N6 235-605 State Student 19,625
Incentive Grants $ 2,000,000 $ 2,000,000 19,627
3T0 235-610 NHSC Ohio Loan 19,629
Repayment $ 100,000 $ 100,000 19,631
312 235-609 Tech Prep $ 192,224 $ 211,450 19,635
312 235-631 Federal Grants $ 2,645,077 $ 2,645,077 19,639
TOTAL FED Federal Special Revenue 19,640
Fund Group $ 5,911,807 $ 5,717,527 19,643
State Special Revenue Fund Group 19,646
4E8 235-602 HEFC Administration $ 12,000 $ 12,000 19,651
4P4 235-604 Physician Loan 19,653
Repayment $ 396,255 $ 396,255 19,655
420
649 235-607 Ohio State University 19,657
Highway/Transportation 19,657
Research $ 500,000 $ 500,000 19,660
682 235-606 Nursing Loan Program $ 603,406 $ 618,241 19,664
TOTAL SSR State Special Revenue 19,665
Fund Group $ 1,511,661 $ 1,526,496 19,668
TOTAL ALL BUDGET FUND GROUPS $2,435,036,898 $2,591,301,373 19,671
Section 7.01. Instructional Subsidy Formula 19,674
As soon as practicable during each fiscal year of the 19,676
1999-2001 biennium in accordance with instructions of the Ohio 19,677
Board of Regents, each state-assisted institution of higher 19,678
education shall report its actual enrollment to the Ohio Board of 19,679
Regents. 19,680
The Ohio Board of Regents shall establish procedures 19,682
required by the system of formulas set out below and for the 19,683
assignment of individual institutions to categories described in 19,684
the formulas. The system of formulas establishes the manner in 19,685
which aggregate expenditure requirements shall be determined for 19,686
each of the three components of institutional operations. In 19,687
addition to other adjustments and calculations described below, 19,688
the subsidy entitlement of an institution shall be determined by 19,689
subtracting from the institution's aggregate expenditure 19,690
requirements income to be derived from the local contributions 19,691
assumed in calculating the subsidy entitlements. The local 19,692
contributions for purposes of determining subsidy support shall 19,693
not limit the authority of the individual boards of trustees to 19,694
establish fee levels. 19,695
The General Studies and Technical models shall be adjusted 19,697
by the Board of Regents so that the share of state subsidy earned 19,698
by those models is not altered by changes in the overall local 19,699
share. A lower-division fee differential shall be used to 19,700
maintain the relationship that would have occurred between these 19,701
models and the Baccalaureate models had an assumed share of 19,702
thirty-seven per cent been funded. 19,703
421
In defining the number of full-time equivalent students for 19,705
state subsidy purposes, the Ohio Board of Regents shall exclude 19,706
all undergraduate students who are not residents of Ohio, except 19,707
those charged in-state fees in accordance with reciprocity 19,708
agreements made pursuant to section 3333.17 of the Revised Code. 19,709
(A) Aggregate Expenditure Per Full-Time Equivalent Student 19,711
(1) Instruction and Support Services 19,713
Model FY 2000 FY 2001 19,716
General Studies I $ 3,680 $ 3,762 19,718
General Studies II $ 4,060 $ 4,305 19,720
General Studies III $ 5,141 $ 5,259 19,722
Technical I $ 4,702 $ 5,012 19,724
Technical III $ 8,088 $ 8,477 19,726
Baccalaureate I $ 6,301 $ 6,611 19,728
Baccalaureate II $ 7,287 $ 7,582 19,730
Baccalaureate III $ 10,417 $ 10,574 19,732
Masters and Professional I $ 11,788 $ 12,300 19,734
Masters and Professional II $ 17,020 $ 17,558 19,736
Masters and Professional III $ 22,976 $ 23,214 19,738
Doctoral I $ 19,495 $ 19,647 19,740
Doctoral II $ 25,066 $ 25,840 19,742
Medical I $ 27,250 $ 27,709 19,744
Medical II $ 38,309 $ 39,323 19,746
(2) Student Services 19,749
For this purpose full-time equivalent counts shall be 19,751
weighted to reflect differences among institutions in the numbers 19,752
of students enrolled on a part-time basis. 19,753
FY 2000 FY 2001 19,755
All Expenditure Models $ 556 $ 594 19,756
(B) Plant Operation and Maintenance (POM) 19,758
(1) Determination of the Square-Foot Based POM Subsidy 19,760
Space undergoing renovation shall be funded at the rate 19,762
allowed for storage space. 19,763
In the calculation of square footage for each campus, 19,765
422
square footage shall be weighted to reflect differences in space 19,766
utilization.
The space inventories for each campus shall be those 19,768
determined in the fiscal year 1997 instructional subsidy, 19,769
adjusted for changes attributable to the construction or 19,770
renovation of facilities for which state appropriations were made 19,771
or local commitments were made prior to January 1, 1995.
Only fifty per cent of the space permanently taken out of 19,773
operation in fiscal year 2000 or fiscal year 2001 that is not 19,774
otherwise replaced by a campus shall be deleted from the fiscal 19,775
year 1997 inventory.
The square-foot based plant operation and maintenance 19,777
subsidy for each campus shall be determined as follows: 19,778
(a) For each standard room type category shown below, the 19,780
subsidy-eligible net assignable square feet (NASF) for each 19,781
campus shall be multiplied by the following rates, and the 19,782
amounts summed for each campus to determine the total gross 19,783
square-foot based POM expenditure requirement:
FY 2000 FY 2001 19,785
Classrooms $5.18 $5.33 19,786
Laboratories $6.45 $6.64 19,787
Offices $5.18 $5.33 19,788
Audio Visual Data Processing $6.45 $6.64 19,789
Storage $2.30 $2.36 19,790
Circulation $6.53 $6.72 19,791
Other $5.18 $5.33 19,792
(b) The total gross square-foot POM expenditure 19,795
requirement shall be allocated to models in proportion to 19,796
full-time equivalent (FTE) enrollments as reported in enrollment 19,797
data for all models except Doctoral I and Doctoral II.
(c) The amounts allocated to models in division (B)(1)(b) 19,799
above shall be multiplied by the ratio of subsidy-eligible FTE 19,801
students to total FTE students reported in each model, and the 19,802
amounts summed for all models. To this total amount shall be 19,803
423
added an amount to support roads and grounds expenditures to
produce the total square-foot based POM subsidy. 19,804
(2) Determination of the Activity-Based POM Subsidy 19,806
(a) The number of subsidy-eligible FTE students in each 19,808
model shall be multiplied by the following rates for each campus 19,809
for each fiscal year.
FY 2000 FY 2001 19,812
General Studies I $ 488 $ 488 19,814
General Studies II $ 563 $ 584 19,816
General Studies III $1,237 $1,217 19,818
Technical I $ 555 $ 553 19,820
Technical II $1,128 $1,175 19,822
Baccalaureate I $ 641 $ 655 19,824
Baccalaureate II $1,067 $1,109 19,826
Baccalaureate III $1,578 $1,598 19,828
Masters & Professional I $ 995 $1,022 19,830
Masters & Professional II $1,742 $1,895 19,832
Masters & Professional III $2,620 $2,614 19,834
Doctoral I $1,433 $1,382 19,836
Doctoral II $2,502 $2,613 19,838
Medical I $2,389 $2,485 19,840
Medical II $3,458 $3,362 19,842
(b) The sum of the products for each campus determined in 19,845
division (B)(2)(a) for each fiscal year shall be weighted by a 19,847
factor to reflect sponsored research activity and job-training 19,848
related public services expenditures to determine the total 19,849
activity-based POM subsidy.
(C) Calculation of Core Subsidy Entitlements and 19,851
Adjustments
(1) Calculation of Core Subsidy Entitlements 19,853
The calculation of the core subsidy entitlement shall 19,855
consist of the following components: 19,856
(a) For each campus and for each fiscal year, the core 19,858
subsidy entitlement shall be determined by multiplying the 19,859
424
amounts listed above in divisions (A)(1) and (2) and (B)(2) less 19,861
assumed local contributions, by (i) average subsidy-eligible 19,862
full-time equivalents for the two-year period ending in the prior 19,863
year for all models except Doctoral I and Doctoral II; and (ii)
average subsidy-eligible full-time equivalents for the five-year 19,865
period ending in the prior year for all models except Doctoral I 19,866
and Doctoral II.
(b) In calculating the core subsidy entitlements for 19,868
Medical II models only, the board shall use the following count 19,869
of full-time equivalent students in place of the two-year average 19,870
and five-year average of subsidy-eligible students. 19,872
(i) For those medical schools whose current year 19,874
enrollment is below the base enrollment, the Medical II full-time 19,875
equivalent enrollment shall equal: 65 per cent of the base 19,876
enrollment plus 35 per cent of the current year enrollment, where 19,877
the base enrollment is: 19,878
The Ohio State University 1010 19,880
University of Cincinnati 833 19,881
Medical College of Ohio at 19,882
Toledo 650
Wright State University 433 19,883
Ohio University 433 19,884
Northeastern Ohio Universities 19,885
College of Medicine 433
(ii) For those medical schools whose current year 19,888
enrollment is equal to or greater than the base enrollment, the 19,889
Medical II full-time equivalent enrollment shall equal the 19,890
current enrollment. 19,891
(c) For all FTE-based subsidy calculations involving 19,893
all-terms FTE data, FTE-based allowances shall be converted from 19,894
annualized to annual rates to ensure equity and consistency of 19,895
subsidy determination.
(d) The Board of Regents shall compute the sum of the two 19,898
calculations listed in division (C)(1)(a) above and use the
425
greater sum as the core subsidy entitlement. 19,899
The POM subsidy for each campus shall equal the greater of 19,901
the square-foot-based subsidy or the activity-based POM subsidy 19,902
component of the core subsidy entitlement, except that the total 19,903
activity-based POM subsidy shall not exceed 161 per cent of the 19,904
square-foot based POM subsidy in fiscal year 2000 and shall not 19,906
exceed 177 per cent of the square-foot-based subsidy in fiscal 19,907
year 2001. 19,908
(e) In fiscal year 2000, no more than 10.94 per cent of 19,910
the total instructional subsidy shall be reserved to implement 19,912
the recommendations of the Graduate Funding Commission. In 19,913
fiscal year 2001, no more than 10.75 per cent of the total 19,914
instructional subsidy shall be reserved for this same purpose. 19,915
It is the intent of the General Assembly that the doctoral 19,916
reserve be reduced 0.25 percentage points each year thereafter 19,917
until no more than 10.0 per cent of the total instructional 19,919
subsidy is reserved to implement the recommendations of the
Graduate Funding Commission. In fiscal year 2001, the Board of 19,920
Regents shall reallocate 2 per cent of the reserve among the 19,922
state-assisted universities on the basis of a quality review as
specified in the recommendations of the Graduate Funding 19,923
Commission.
The amount so reserved shall be allocated to universities 19,925
in proportion to their share of the total number of Doctoral I 19,926
equivalent FTEs as calculated on an institutional basis using 19,927
fiscal year 1998 annualized FTEs as adjusted to reflect the 19,928
effects of doctoral review. For the purposes of this
calculation, a doctoral equivalent FTE shall equal one Doctoral I 19,929
FTE, or 1.5 Doctoral II FTEs. 19,930
(2) Annual Guaranteed Funding Increase 19,932
For the purposes of this section, for each year and for 19,934
each campus "Challenge subsidies" shall equal the sum of the 19,935
following allocations:
(a) Access Challenge, less amounts attributed to tuition 19,937
426
restraint;
(b) Research Challenge; 19,939
(c) Priorities in Graduate Education; 19,941
(d) Success Challenge; 19,943
(e) Jobs Challenge, less amounts earmarked for 19,945
"strategically related industries." 19,946
In addition to and after the other adjustments noted above, 19,948
in fiscal year 2000 each campus shall have its subsidy adjusted 19,949
to the extent necessary to provide an amount from the 19,950
instructional subsidy and Challenge subsidies that is not less 19,951
than 103 per cent of the sum of the instructional subsidy and the 19,952
Challenge subsidies received by the campus in fiscal year 1999. 19,953
In fiscal year 2001 each campus shall have its subsidy adjusted 19,955
to the extent necessary to provide an amount from the 19,956
instructional subsidy and Challenge subsidies that is not less 19,957
than 103 per cent of the sum of the instructional subsidy and the
Challenge subsidies received by the campus in fiscal year 2000. 19,959
(3) Capital Component Deduction 19,961
After all other adjustments have been made, instructional 19,963
subsidy earnings shall be reduced for each campus by the amount, 19,964
if any, by which debt service charged in Am. H.B. No. 748 of the 19,965
121st General Assembly and Am. Sub. H.B. No. 850 of the 122nd 19,967
General Assembly for that campus exceeds that campus' capital 19,968
component earnings.
(D) Reductions in Earnings 19,970
If total systemwide instructional subsidy earnings in any 19,972
fiscal year exceed total appropriations available for such 19,973
purposes, the Board of Regents shall proportionately reduce the 19,974
instructional subsidy earnings for all campuses by a uniform 19,975
percentage so that the systemwide sum equals available 19,976
appropriations.
(E) Exceptional Circumstances 19,978
Adjustments may be made to instructional subsidy payments 19,980
and other subsidies distributed by the Ohio Board of Regents to 19,981
427
state-assisted colleges and universities for exceptional 19,982
circumstances. No adjustments for exceptional circumstances may 19,983
be made without the recommendation of the chancellor and the 19,984
approval of the Controlling Board. 19,985
Distribution of Instructional Subsidy 19,987
The instructional subsidy payments to the institutions 19,989
shall be in substantially equal monthly amounts during the fiscal 19,990
year, unless otherwise determined by the Director of Budget and 19,991
Management pursuant to the provisions of section 126.09 of the 19,992
Revised Code. Payments during the first six months of the fiscal 19,993
year shall be based upon the instructional subsidy appropriation 19,994
estimates made for the various institutions of higher education 19,995
according to the Ohio Board of Regents enrollment estimates. 19,996
Payments during the last six months of the fiscal year shall be 19,997
distributed after approval of the Controlling Board upon the 19,998
request of the Ohio Board of Regents. 19,999
Law School Subsidy 20,001
The instructional subsidy to state supported universities 20,003
for students enrolled in law schools in fiscal year 2000 and 20,004
fiscal year 2001 shall be calculated by using the number of 20,005
subsidy eligible full-time equivalent law school students funded 20,006
by state subsidy in fiscal year 1995 or the actual number of 20,007
subsidy eligible full-time equivalent law school students at the
institution in the fiscal year, whichever is less. 20,008
Section 7.02. Mission-Based Core Funding for Higher 20,010
Education
Jobs Challenge 20,012
Funds appropriated to appropriation item 235-415, Jobs 20,014
Challenge, shall be distributed to state-assisted community and 20,015
technical colleges, regional campuses of state-assisted 20,016
universities, and other organizationally distinct and 20,017
identifiable member campuses of the EnterpriseOhio Network in 20,018
support of noncredit job-related training. In fiscal years 2000 20,020
and 2001, $3,543,864 and $4,000,000, respectively, shall be
428
distributed to campuses in proportion to each campus' share of 20,022
noncredit job-related training revenues received by all campuses 20,023
for the previous fiscal year. It is the intent of the General 20,024
Assembly that this workforce development incentive component of 20,025
the Jobs Challenge Program reward campus noncredit job-related 20,026
training efforts in the same manner that the Research Challenge 20,027
Program rewards campuses for their ability to obtain sponsored 20,028
research revenues. 20,029
In fiscal years 2000 and 2001, $2,700,000 and $2,781,000, 20,031
respectively, shall be distributed equally to these same 20,032
EnterpriseOhio Network campuses to fulfill a performance contract 20,033
with the Ohio Board of Regents demonstrating their capability to 20,034
provide accessible and affordable training services to Ohio 20,035
companies, and particularly to improve the business performance 20,036
of smaller firms.
In fiscal years 2000 and 2001, $2,500,000 and $4,198,694, 20,038
respectively, shall be allocated to attract, develop, and retain 20,039
companies strategically important to the state's economy through 20,040
training and assessment services provided by EnterpriseOhio 20,041
Network campuses. These funds shall be used in conjunction with 20,042
funds appropriated to the Department of Development in H.B. No. 20,043
283 of the 123rd General Assembly for the purpose of attracting, 20,044
developing, and retaining companies strategically important to 20,045
the state's economy. Strategically related industries and 20,046
companies shall be selected by the Ohio Board of Regents and the 20,047
Ohio Department of Development. 20,048
Access Challenge 20,050
In each fiscal year, the foregoing appropriation item 20,052
235-418, Access Challenge, shall be distributed to Ohio's 20,053
state-assisted access colleges and universities in proportion to 20,054
each campus' share of full-time equivalent enrollments at the 20,055
General Studies level as determined in the subsidy calculation 20,056
process in the previous fiscal year. For the purposes of this
allocation, "access campuses" includes state-assisted community 20,057
429
colleges, state community colleges, technical colleges, Shawnee 20,058
State University, Central State University, Cleveland State 20,059
University, the regional campuses of state-assisted universities, 20,060
and, where they are organizationally distinct and identifiable, 20,062
the community-technical colleges located at the University of
Toledo, the University of Cincinnati, Youngstown State 20,063
University, and the University of Akron. 20,064
For the purposes of this calculation, Cleveland State 20,066
University's share of full-time equivalent subsidy-eligible 20,067
General Studies students shall equal its total full-time 20,068
equivalent subsidy-eligible General Studies students multiplied 20,069
by the ratio of the sum of full-time equivalent subsidy-eligible
General Studies students enrolled in the community-technical 20,070
colleges at the University of Toledo, the University of 20,071
Cincinnati, Youngstown State University, and the University of 20,072
Akron divided by the sum of full-time equivalent subsidy-eligible 20,073
General Studies students enrolled at those same four 20,074
universities. However, Cleveland State University shall not
receive less in each year of the 1999-2001 biennium than the 20,075
amount received in fiscal year 1999. 20,076
(A) Of the total appropriation item 235-418, Access 20,078
Challenge, $2,500,000 in fiscal year 2000 and $17,943,665 in 20,080
fiscal year 2001 shall be used solely to restrain the growth of 20,081
or reduce in-state undergraduate tuition and fees. 20,082
(B) Of the remaining appropriation of $32,813,691 in 20,084
fiscal year 2000 and $47,324,335 in fiscal year 2001, 50 per cent 20,085
of all new subsidies received by each campus in each fiscal year 20,086
shall be used in combination with campus shares of the amounts 20,087
determined in division (A) above to restrain the growth of or 20,088
reduce in-state undergraduate tuition and fees. For the purposes 20,089
of this distribution, "new subsidies" in fiscal year 2000 shall 20,090
equal a campus's share of the $32,813,691 allocation for fiscal 20,091
year 2000 minus the campus-share of the $20,000,000 allocation 20,092
distributed for this purpose by the Board of Regents from 20,093
430
appropriations in Am. Sub. H.B. No. 215 of the 122nd General 20,094
Assembly. In fiscal year 2001, "new subsidies" shall equal a 20,095
campus-share of the $47,324,335 allocation for fiscal year 2001 20,096
minus the campus-share of the $32,813,691 allocation for fiscal 20,097
year 2000. In both fiscal years, negative differences between 20,098
the current and previous year shall default to zero. 20,099
(C) In each fiscal year, the statewide average fee 20,101
restraint or reduction percentage shall be applied uniformly to 20,102
all campuses receiving Access Challenge appropriations according 20,103
to a methodology to be determined by the Board of Regents. The 20,104
approach determined by the Board of Regents shall restrain 20,105
tuition increases to zero per cent in fiscal year 2000 and 20,107
achieve tuition reductions of five per cent in fiscal year 2001. 20,108
Success Challenge 20,110
The foregoing appropriation item 235-420, Success 20,112
Challenge, shall be used by the Ohio Board of Regents to promote 20,113
degree completion by students enrolled at a main campus of a 20,114
state-assisted university. 20,115
In each fiscal year, two-thirds of the appropriations shall 20,117
be distributed to state-assisted university main campuses in 20,118
proportion to each campus' share of the total statewide 20,119
bachelor's degrees granted by university main campuses to
"at-risk" students. In fiscal year 2000 and fiscal year 2001, an 20,120
"at-risk" student shall be defined to mean any undergraduate 20,121
student who had received an Ohio Instructional Grant during the 20,122
past ten years. An eligible institution shall not receive its 20,123
share of this distribution until it has submitted a plan that 20,124
addresses how the subsidy will be used to better serve at-risk 20,125
students and increase their likelihood of successful completion 20,126
of a bachelor's degree program. The Board of Regents shall 20,127
disseminate to all state-supported institutions of higher 20,128
education all such plans submitted by institutions that received 20,129
Success Challenge funds.
In each fiscal year, one-third of the appropriations shall 20,131
431
be distributed to university main campuses in proportion to each 20,132
campus' share of the total bachelor's degrees granted by 20,133
university main campuses to undergraduate students who completed 20,134
their bachelor's degrees in a "timely manner" in the previous 20,135
fiscal year. For the purposes of this section, "timely manner"
means the normal time it would take for a full-time 20,136
degree-seeking undergraduate student to complete the student's 20,138
degree. Generally, for such students pursuing a bachelor's 20,139
degree, "timely manner" means four years. Exceptions to this 20,140
general rule shall be permitted for students enrolled in programs 20,141
specifically designed to be completed in a longer time period. 20,142
The Board of Regents shall collect base-line data beginning with
the 1998-99 academic year to assess the timely completion 20,143
statistics by university main campuses. 20,144
Eminent Scholars Program 20,146
The foregoing appropriation item 235-451, Eminent Scholars, 20,148
shall be used by the Ohio Board of Regents to establish an Ohio 20,150
Eminent Scholars Program, the purpose of which is to invest 20,151
educational resources to address problems that are of vital
statewide significance while fostering the growth in eminence of 20,152
Ohio's academic programs. Endowment grants of $750,000 to state 20,153
colleges and universities and nonprofit Ohio institutions of 20,155
higher education holding certificates of authorization issued 20,156
under section 1713.02 of the Revised Code to match endowment 20,157
gifts from nonstate sources may be made in accordance with a plan 20,158
established by the Ohio Board of Regents. Matching gifts in 20,159
science and technology programs shall be $750,000, and in all 20,160
other program areas, $500,000. The grants shall have as their 20,161
purpose attracting and sustaining in Ohio scholar-leaders of 20,162
national or international prominence who will assist the state in 20,163
one of the following three areas: (1) improving the state's 20,164
economic development; (2) strengthening the state's system of 20,165
K-12 education; or (3) improving public health and safety. Such 20,166
scholar-leaders shall, among their duties, share broadly the 20,167
432
benefits and knowledge unique to their field of scholarship to 20,168
the betterment of Ohio and its people.
Research Challenge 20,170
The foregoing appropriation item 235-454, Research 20,172
Challenge, shall be used to enhance the basic research 20,173
capabilities of public colleges and universities and accredited 20,174
Ohio institutions of higher education holding certificates of 20,175
authorization issued pursuant to section 1713.02 of the Revised 20,176
Code, in order to strengthen the academic research for pursuing 20,177
Ohio's economic redevelopment goals. The Ohio Board of Regents, 20,178
in consultation with the colleges and universities, shall 20,179
administer the Research Challenge Program and utilize a means of 20,180
matching, on a fractional basis, external funds attracted in the 20,181
previous year by institutions for basic research. The program 20,182
may include incentives for increasing the amount of external 20,183
research funds coming to such eligible institutions and for 20,184
focusing research efforts upon critical state needs. Colleges 20,185
and universities shall submit for review and approval to the Ohio 20,186
Board of Regents plans for the institutional allocation of state 20,187
dollars received through this program. Such institutional plans 20,188
shall provide the rationale for the allocation in terms of the 20,189
strategic targeting of funds for academic and state purposes, for 20,190
strengthening research programs, and for increasing the amount of 20,191
external research funds, and shall include an evaluation process 20,192
to provide results of the increased support. It is the intent of 20,193
the General Assembly that increases in funding for appropriation 20,194
item 235-454, Research Challenge, in the 1999-2001 biennium, over 20,195
the 1993-1995 biennium levels, be used by campuses as 20,196
unrestricted funding for research, in the same way that 20,197
Instructional Subsidy allocations are used. 20,198
The Ohio Board of Regents shall submit a biennial report of 20,200
progress to the General Assembly. 20,201
Priorities in Graduate Education 20,203
The foregoing appropriation item 235-554, Priorities in 20,205
433
Graduate Education, shall be used by the Ohio Board of Regents to 20,206
support improvements in graduate programs in computer science at 20,207
state-assisted universities. In each fiscal year, up to $200,000 20,208
may be used to support collaborative efforts in graduate
education in this program area. 20,209
Section 7.03. Higher Education--Board of Trustees 20,211
Funds appropriated for instructional subsidies at colleges 20,213
and universities may be used to provide such branch or other 20,214
off-campus undergraduate courses of study and such master's 20,215
degree courses of study as may be approved by the Ohio Board of 20,216
Regents. 20,217
In providing instructional and other services to students, 20,219
boards of trustees of state-assisted institutions of higher 20,220
education shall supplement state subsidies by income from charges 20,221
to students. Each board shall establish the fees to be charged 20,222
to all students, including an instructional fee for educational 20,223
and associated operational support of the institution and a
general fee for noninstructional services, including locally 20,224
financed student services facilities used for the benefit of 20,225
enrolled students. The instructional fee and the general fee 20,226
shall encompass all charges for services assessed uniformly to 20,227
all enrolled students. Each board may also establish special 20,228
purpose fees, service charges, and fines as required; such
special purpose fees and service charges shall be for services or 20,229
benefits furnished individual students or specific categories of 20,230
students and shall not be applied uniformly to all enrolled 20,231
students. A tuition surcharge shall be paid by all students who 20,232
are not residents of Ohio.
Board of trustees of individual state-assisted universities 20,234
shall limit combined university main campus in-state 20,235
undergraduate instructional and general fee increases for an 20,236
academic year over the amounts charged in the prior academic year 20,237
to no more than six per cent. The boards of trustees of
individual state-assisted universities shall not authorize 20,238
434
combined university main campus in-state undergraduate 20,239
instructional and general fee increases of more than four per 20,240
cent in a single vote. Boards of trustees of individual
state-assisted university branch campuses, community colleges, 20,241
and technical colleges shall limit combined in-state 20,242
undergraduate instructional and general fee increases for an 20,243
academic year over the amounts charged in the prior academic year 20,244
to no more than three per cent. These fee increase limitations
apply even if an institutional board of trustees has, prior to 20,245
the effective date of this section, voted to assess a higher fee 20,246
for the 1999-2000 academic year. These limitations shall not 20,247
apply to increases required to comply with institutional 20,248
covenants related to their obligations or to meet unfunded legal 20,249
mandates or legally binding obligations incurred or commitments 20,250
made prior to the effective date of this act with respect to 20,251
which the institution had identified such fee increases as the
source of funds. Any increase required by such covenants and any 20,252
such mandates, obligations, or commitments shall be reported by 20,253
the Board of Regents to the Controlling Board. These limitations 20,254
may also be modified by the Ohio Board of Regents, with the 20,255
approval of the Controlling Board, to respond to exceptional 20,256
circumstances as identified by the Ohio Board of Regents. 20,257
The board of trustees of a state-assisted institution of 20,259
higher education shall not authorize a waiver or nonpayment of 20,260
instructional fees nor general fees for any particular student or 20,261
any class of students other than waivers specifically authorized 20,262
by law or approved by the chancellor. This prohibition is not 20,263
intended to limit the authority of boards of trustees to provide 20,264
for payments to students for services rendered the institution, 20,265
nor to prohibit the budgeting of income for staff benefits or for 20,266
student assistance in the form of payment of such instructional 20,267
and general fees. 20,268
Each state-assisted institution of higher education in its 20,270
statement of charges to students shall separately identify the 20,271
435
instructional fee, the general fee, the tuition charge, and the 20,272
tuition surcharge. Fee charges to students for instruction shall 20,273
not be considered to be a price of service but shall be 20,274
considered to be an integral part of the state government 20,275
financing program in support of higher educational opportunity 20,276
for students. 20,277
In providing the appropriations in support of instructional 20,279
services at state-assisted institutions of higher education and 20,280
the appropriations for other instruction it is the intent of the 20,281
General Assembly that faculty members shall devote a proper and 20,282
judicious part of their work week to the actual instruction of 20,283
students. Total class credit hours of production per quarter per 20,284
full-time faculty member is expected to meet the standards set 20,285
forth in the budget data submitted by the Ohio Board of Regents. 20,286
No state-assisted college or university shall contract 20,288
additional debt to finance additional student housing or permit 20,289
the construction of additional student housing on land owned or 20,290
leased by such institution without the approval of the Board of 20,291
Regents. In granting or denying approval, the board shall 20,292
consider demographic projections and established service 20,293
districts, as well as the current strength of enrollment patterns 20,294
throughout the state and in the public and private institutions 20,295
that have historically drawn students from the same markets as 20,296
the institution requesting additional housing. The board shall 20,297
also consider statewide dormitory occupancy patterns and any debt 20,298
burden that would be incurred by the institution. The board 20,299
shall monitor demographic trends and shall recommend that the 20,300
General Assembly modify this section when there is no longer a 20,301
significant risk of future enrollment decline. 20,302
The board shall have no authority to prohibit the 20,304
construction of privately financed housing constructed on land 20,305
that is not owned or leased by the institution, even if the 20,306
institution has entered or intends to enter into some type of 20,307
contractual agreement with the developers or owners of such 20,308
436
housing. 20,309
The authority of government vested by law in the boards of 20,311
trustees of state-assisted institutions of higher education shall 20,312
in fact be exercised by those boards. Boards of trustees may 20,313
consult extensively with appropriate student and faculty groups. 20,315
Administrative decisions about the utilization of available 20,316
resources, about organizational structure, about disciplinary 20,317
procedure, about the operation and staffing of all auxiliary 20,318
facilities, and about administrative personnel shall be the 20,319
exclusive prerogative of boards of trustees. Any delegation of 20,320
authority by a board of trustees in other areas of responsibility 20,321
shall be accompanied by appropriate standards of guidance 20,322
concerning expected objectives in the exercise of such delegated 20,323
authority and shall be accompanied by periodic review of the 20,324
exercise of this delegated authority to the end that the public 20,325
interest, in contrast to any institutional or special interest, 20,326
shall be served.
Section 7.04. Medical School Subsidies 20,328
The foregoing appropriation item 235-515, CWRU School of 20,330
Medicine, shall be disbursed to Case Western Reserve University 20,331
through the Ohio Board of Regents in accordance with agreements 20,332
entered into as provided for by section 3333.10 of the Revised 20,333
Code, provided that the state support per full-time medical 20,334
student shall not exceed that provided to full-time medical 20,335
students at state universities. 20,336
The foregoing appropriation items 235-536, Ohio State 20,338
University Clinical Teaching; 235-537, University of Cincinnati 20,340
Clinical Teaching; 235-538, Medical College of Ohio at Toledo 20,341
Clinical Teaching; 235-539, Wright State University Clinical 20,342
Teaching; 235-540, Ohio University Clinical Teaching; and 20,343
235-541, Northeastern Ohio Universities College of Medicine 20,344
Clinical Teaching, shall be distributed through the Ohio Board of 20,345
Regents.
The foregoing appropriation item 235-572, OSU Clinic 20,347
437
Support, shall be distributed through the Ohio Board of Regents 20,348
to The Ohio State University for support of dental and veterinary 20,349
medicine clinics. 20,350
The Ohio Board of Regents shall develop plans consistent 20,352
with existing criteria and guidelines as may be required for the 20,353
distribution of appropriation items 235-519, Family Practice, 20,354
235-525, Geriatric Medicine, and 235-526, Primary Care 20,355
Residencies. 20,356
Of the foregoing appropriation item 235-539, Wright State 20,358
University Clinical Teaching, $160,000 in each fiscal year shall 20,360
be for the use of Wright State University's Ellis Institute for 20,361
Clinical Teaching Studies to operate the clinical facility to 20,362
serve the Greater Dayton area. 20,363
Performance Standards for Medical Education 20,365
The Ohio Board of Regents, in consultation with the 20,367
state-assisted medical colleges, shall develop performance 20,369
standards for medical education. Special emphasis in the 20,371
standards shall be placed on attempting to ensure that at least 20,372
50 per cent of the aggregate number of students enrolled in 20,373
state-assisted medical colleges continue to enter residency as 20,374
primary care physicians. Primary care physicians are defined as 20,376
general family practice physicians, general internal medicine 20,379
practitioners, and general pediatric care physicians. The Board 20,382
of Regents shall be responsible for monitoring medical school 20,383
performance in relation to their plans for reaching the 50 per 20,384
cent systemwide standard for primary care physicians. 20,385
The foregoing appropriation item 235-526, Primary Care 20,387
Residencies, shall be distributed in each fiscal year of the 20,388
biennium based on whether the institution has submitted and 20,390
gained approval for a plan. If the institution does not have an
approved plan then it shall receive five per cent less funding 20,391
per student than it would have received from its annual 20,392
allocation. The remaining funding shall be distributed among 20,393
those institutions that meet or exceed their targets. 20,394
438
Area Health Education Centers 20,396
The foregoing appropriation item 235-474, AHEC Program 20,398
Support, shall be used by the Ohio Board of Regents to support 20,399
the medical school regional AHECs' educational programs for the 20,400
continued support of medical and other health professions 20,401
education and for support of the Area Health Education Center 20,402
program. 20,403
Of the foregoing appropriation item 235-474, AHEC Program 20,405
Support, $200,000 in each fiscal year shall be disbursed to the 20,406
Ohio University College of Osteopathic Medicine for the 20,407
establishment of a mobile health care unit to serve the 20,408
southeastern area of the state. Of the foregoing appropriation 20,409
item 235-474, AHEC Program Support, $150,000 in each fiscal year 20,410
shall be used to support the Ohio Valley Community Health 20,411
Information Network (OVCHIN) pilot project. 20,412
Section 7.05. Midwest Higher Education Compact 20,414
The foregoing appropriation item 235-408, Midwest Higher 20,416
Education Compact, shall be distributed by the Ohio Board of 20,417
Regents pursuant to section 3333.40 of the Revised Code. 20,418
College Readiness Initiatives 20,420
Appropriation item 235-404, College Readiness Initiatives, 20,422
shall be used by the Board of Regents in support of programs 20,424
designed to improve the ability of high school students to enroll 20,426
and succeed in higher education. These programs shall include, 20,427
but not be limited to, the following: the continued
administration of the Early English Composition Assessment 20,428
portion of the postsecondary readiness testing program, the 20,429
implementation of the State Higher Education Remediation Advisory 20,430
Commission report, and the creation of a statewide outreach 20,431
effort to promote the availability, need, and affordability of a 20,432
college education.
Mathematics and Science Teaching Improvement 20,434
Appropriation item 235-403, Math/Science Teaching 20,436
Improvement, shall be used by the Board of Regents in support of 20,438
439
programs designed to raise the quality of mathematics and science 20,439
teaching in primary and secondary education. Of these amounts, 20,440
$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 20,441
in fiscal year 2001 shall be reserved for Project Discovery. 20,442
Technology 20,444
Appropriation item 235-417, Technology, shall be used by 20,446
the Board of Regents to support the continued implementation of 20,447
the Ohio Learning Network, a statewide electronic collaborative 20,448
effort designed to promote degree completion of students, 20,449
workforce training of employees, and professional development 20,450
through the use of advanced telecommunications and distance
education initiatives. 20,451
Displaced Homemakers 20,453
Of the foregoing appropriation item 235-509, Displaced 20,455
Homemakers, the Ohio Board of Regents shall continue funding 20,456
pilot projects authorized in Am. Sub. H.B. No. 291 of the 115th 20,457
General Assembly for the following centers: Cuyahoga Community 20,458
College, University of Toledo, Southern State Community College, 20,459
and Stark Technical College. The amount of $30,000 in each 20,460
fiscal year shall be used for the Baldwin-Wallace Single Parents 20,461
Reaching Out for Unassisted Tomorrows program. 20,462
Ohio Aerospace Institute 20,464
The foregoing appropriation item 235-527, Ohio Aerospace 20,466
Institute, shall be distributed by the Ohio Board of Regents 20,467
pursuant to section 3333.042 of the Revised Code. 20,468
Productivity Improvement Challenge 20,470
The foregoing appropriation item 235-455, Productivity 20,472
Improvement Challenge, shall be allocated by the Ohio Board of 20,473
Regents to continue increasing the capabilities of Business and 20,475
Industry Training Centers at Ohio's two-year college and 20,476
university regional campuses to meet the varied training needs of
Ohio enterprises. Funds shall be available for capacity building 20,477
projects and activities developed through the Enterprise Ohio 20,478
440
Network of Business and Industry Training Centers. The Regents 20,479
Advisory Committee for Workforce Development, in its advisory 20,480
role, shall assist in the development of plans and activities. 20,482
Of the foregoing appropriation item 235-455, Productivity 20,484
Improvement Challenge, $208,000 in each fiscal year shall be used 20,486
by the Dayton Business/Sinclair College Jobs Profiling Program.
Access Improvement Projects 20,488
The foregoing appropriation item 235-477, Access 20,490
Improvement Projects, shall be used by the Ohio Board of Regents 20,491
to develop innovative statewide strategies to increase student 20,492
access and retention for specialized populations, and to provide 20,493
for pilot projects that will contribute to improving access to 20,494
higher education by specialized populations. The funds may be 20,495
used for projects that improve access for nonpublic secondary 20,496
students. 20,497
Of the foregoing appropriation item 235-477, Access 20,499
Improvement Projects, $740,000 in each fiscal year shall be 20,500
distributed to the Appalachian Center for Higher Education at 20,501
Shawnee State University. The Board of Directors of the center 20,502
shall be comprised of the presidents of Shawnee State University, 20,503
Ohio University, Belmont Technical College, Hocking Technical 20,504
College, Jefferson Technical College, Muskingum Area Technical 20,505
College, Rio Grande Community College, Southern State Community 20,506
College, Washington State Community College, the dean of either 20,507
the Salem or East Liverpool regional campuses of Kent State 20,508
University, as designated by the President of Kent State 20,509
University, and a representative of the Board of Regents 20,510
designated by the chancellor. 20,511
Ohio Supercomputer Center 20,513
The foregoing appropriation item 235-510, Ohio 20,515
Supercomputer Center, shall be used by the Ohio Board of Regents 20,516
to support the operation of the center, located at The Ohio State 20,517
University, as a statewide resource available to Ohio research 20,519
universities both public and private. It is also intended that 20,520
441
the center be made accessible to private industry as appropriate. 20,521
Policies of the center shall be established by a governance 20,522
committee, representative of Ohio's research universities and 20,523
private industry, to be appointed by the Chancellor of the Ohio 20,524
Board of Regents and established for this purpose. 20,525
Ohio Academic Resources Network (OARNet) 20,527
The foregoing appropriation item 235-556, Ohio Academic 20,529
Resource Network, shall be used to support the operations of the 20,531
Ohio Academic Resources Network, which shall include support for 20,532
Ohio's state-assisted colleges and universities in maintaining
and enhancing network connections. 20,533
Section 7.06. Pledge of Fees* 20,535
Any new pledge of fees, or new agreement for adjustment of 20,537
fees, made in the 1999-2001 biennium to secure bonds or notes of 20,538
a state-assisted institution of higher education for a project 20,539
for which bonds or notes were not outstanding on the effective 20,540
date of this section shall be effective only after approval by 20,541
the Ohio Board of Regents, unless approved in a previous 20,542
biennium.
Rental Payments to the Ohio Public Facilities Commission 20,545
The appropriations to the Ohio Board of Regents from the 20,547
General Revenue Fund for the purposes of division (A) of section 20,548
3333.13 of the Revised Code include the amounts necessary to meet 20,550
all payments at the times required to be made during the period 20,551
from July 1, 1999, to June 30, 2001, by the Ohio Board of Regents 20,552
to the Ohio Public Facilities Commission pursuant to leases and 20,553
agreements made under section 154.21 of the Revised Code, as 20,554
certified under division (C) of section 3333.13 of the Revised 20,555
Code, but limited to the aggregate amount of $743,042,000
provided in appropriation item 235-401, Rental Payments to the 20,556
Ohio Public Facilities Commission. Nothing in this section shall 20,557
be deemed to contravene the obligation of the state to pay, 20,558
without necessity for further appropriation, from the source 20,559
pledged thereto, the bond service charges on obligations issued 20,560
442
pursuant to section 154.21 of the Revised Code. 20,561
Section 7.07. Ohio Instructional Grants 20,563
Notwithstanding section 3333.12 of the Revised Code, in 20,565
lieu of the tables in that section, instructional grants for all 20,566
full-time students shall be made for fiscal year 2000 using the 20,567
tables under this heading. 20,568
The tables under this heading prescribe the maximum grant 20,570
amounts covering two semesters, three quarters, or a comparable 20,571
portion of one academic year. The grant amount for a full-time 20,572
student enrolled in an eligible institution for a semester or 20,573
quarter in addition to the portion of the academic year covered 20,574
by a grant determined under these tables shall be a percentage of 20,575
the maximum prescribed in the applicable table. The maximum 20,576
grant for a fourth quarter shall be one-third of the maximum 20,577
amount prescribed under the table. The maximum grant for a third 20,578
semester shall be one-half of the maximum amount prescribed under 20,579
the table.
For a full-time student who is a dependent and enrolled in 20,582
a nonprofit educational institution that is not a state-assisted 20,583
institution and that has a certificate of authorization issued 20,584
pursuant to Chapter 1713. of the Revised Code, the amount of the 20,585
instructional grant for two semesters, three quarters, or a 20,586
comparable portion of the academic year shall be determined in 20,588
accordance with the following table:
OHIO INSTRUCTIONAL GRANTS 20,589
Private Institution Table of Grants 20,590
Maximum Grant $4,644 20,592
Gross Income Number of Dependents 20,593
1 2 3 4 5 or 20,600
more
Under $12,001 $4,644 $4,644 $4,644 $4,644 $4,644 20,608
$12,001 - $13,000 4,182 4,644 4,644 4,644 4,644 20,614
$13,001 - $14,000 3,708 4,182 4,644 4,644 4,644 20,620
$14,001 - $15,000 3,246 3,708 4,182 4,644 4,644 20,626
443
$15,001 - $16,000 2,790 3,246 3,708 4,182 4,644 20,632
$16,001 - $17,000 2,328 2,790 3,246 3,708 4,182 20,638
$17,001 - $20,000 1,854 2,328 2,790 3,246 3,708 20,644
$20,001 - $23,000 1,368 1,854 2,328 2,790 3,246 20,650
$23,001 - $26,000 1,146 1,368 1,854 2,328 2,790 20,656
$26,001 - $29,000 924 1,146 1,368 1,854 2,328 20,662
$29,001 - $30,000 840 924 1,146 1,368 1,854 20,668
$30,001 - $31,000 756 840 924 1,146 1,368 20,674
$31,001 - $32,000 378 756 840 924 1,146 20,680
$32,001 - $33,000 -0- 378 756 840 924 20,686
$33,001 - $34,000 -0- -0- 378 756 840 20,692
$34,001 - $35,000 -0- -0- -0- 378 756 20,698
$35,001 - $36,000 -0- -0- -0- -0- 378 20,704
Over $36,000 -0- -0- -0- -0- -0- 20,710
For a full-time student who is financially independent and 20,713
enrolled in a nonprofit educational institution that is not a 20,714
state-assisted institution and that has a certificate of 20,715
authorization issued pursuant to Chapter 1713. of the Revised 20,716
Code, the amount of the instructional grant for two semesters, 20,718
three quarters, or a comparable portion of the academic year 20,719
shall be determined in accordance with the following table: 20,720
Private Institution Table of Grants 20,721
Maximum Grant $4,644 20,722
Gross Income Number of Dependents 20,723
0 1 2 3 4 5 or 20,730
more
Under $3,901 $4,644 $4,644 $4,644 $4,644 $4,644 $4,644 20,739
$3,901 - $4,500 4,182 4,644 4,644 4,644 4,644 4,644 20,746
$4,501 - $5,000 3,708 4,182 4,644 4,644 4,644 4,644 20,753
$5,001 - $5,500 3,246 3,708 4,182 4,644 4,644 4,644 20,760
$5,501 - $6,000 2,790 3,246 3,708 4,182 4,644 4,644 20,767
$6,001 - $6,500 2,328 2,790 3,246 3,708 4,182 4,644 20,774
$6,501 - $7,500 1,854 2,328 2,790 3,246 3,708 4,182 20,781
$7,501 - $8,500 1,368 1,854 2,328 2,790 3,246 3,708 20,788
444
$8,501 - $9,500 1,146 1,368 1,854 2,328 2,790 3,246 20,795
$9,501 - $11,000 924 1,146 1,368 1,854 2,328 2,790 20,802
$11,001 - $12,500 840 924 1,146 1,368 1,854 2,328 20,809
$12,501 - $14,000 756 840 924 1,146 1,368 1,854 20,816
$14,001 - $15,500 378 756 840 924 1,146 1,368 20,823
$15,501 - $18,500 -0- 378 756 840 924 1,146 20,830
$18,501 - $21,500 -0- -0- 378 756 840 924 20,837
$21,501 - $24,500 -0- -0- -0- 378 756 840 20,844
$24,501 - $29,200 -0- -0- -0- -0- 378 756 20,851
$29,201 - $33,900 -0- -0- -0- -0- -0- 378 20,858
Over $33,900 -0- -0- -0- -0- -0- -0- 20,865
For a full-time student who is a dependent and enrolled in 20,868
an educational institution that holds a certificate of 20,869
registration from the State Board of Proprietary School 20,870
Registration, the amount of the instructional grant for two 20,872
semesters, three quarters, or a comparable portion of the 20,873
academic year shall be determined in accordance with the
following table: 20,874
Proprietary Institution Table of Grants 20,875
Maximum Grant $3,936 20,877
Gross Income Number of Dependents 20,878
1 2 3 4 5 or 20,886
more
Under $12,001 $3,936 $3,936 $3,936 $3,936 $3,936 20,894
$12,001 - $13,000 3,552 3,936 3,936 3,936 3,936 20,900
$13,001 - $14,000 3,132 3,552 3,936 3,936 3,936 20,906
$14,001 - $15,000 2,742 3,132 3,552 3,936 3,936 20,912
$15,001 - $16,000 2,376 2,742 3,132 3,552 3,936 20,918
$16,001 - $17,000 1,950 2,376 2,742 3,132 3,552 20,924
$17,001 - $20,000 1,578 1,950 2,376 2,742 3,132 20,930
$20,001 - $23,000 1,206 1,578 1,950 2,376 2,742 20,936
$23,001 - $26,000 966 1,206 1,578 1,950 2,376 20,942
$26,001 - $29,000 774 966 1,206 1,578 1,950 20,948
$29,001 - $30,000 726 774 966 1,206 1,578 20,954
445
$30,001 - $31,000 642 726 774 966 1,206 20,960
$31,001 - $32,000 324 642 726 774 966 20,966
$32,001 - $33,000 -0- 324 642 726 774 20,972
$33,001 - $34,000 -0- -0- 324 642 726 20,978
$34,001 - $35,000 -0- -0- -0- 324 642 20,984
$35,001 - $36,000 -0- -0- -0- -0- 324 20,990
Over $36,000 -0- -0- -0- -0- -0- 20,996
For a full-time student who is financially independent and 20,999
enrolled in an educational institution that holds a certificate 21,000
of registration from the State Board of Proprietary School 21,001
Registration, the amount of the instructional grant for two 21,003
semesters, three quarters, or a comparable portion of the
academic year shall be determined in accordance with the 21,004
following table: 21,005
Proprietary Institution Table of Grants 21,006
Maximum Grant $3,936 21,007
Gross Income Number of Dependents 21,008
0 1 2 3 4 5 or 21,015
more
Under $3,901 $3,936 $3,936 $3,936 $3,936 $3,936 $3,936 21,024
$3,901 - $4,500 3,552 3,936 3,936 3,936 3,936 3,936 21,031
$4,501 - $5,000 3,132 3,552 3,936 3,936 3,936 3,936 21,038
$5,001 - $5,500 2,742 3,132 3,552 3,936 3,936 3,936 21,045
$5,501 - $6,000 2,376 2,742 3,132 3,552 3,936 3,936 21,052
$6,001 - $6,500 1,950 2,376 2,742 3,132 3,552 3,936 21,059
$6,501 - $7,500 1,578 1,950 2,376 2,742 3,132 3,552 21,066
$7,501 - $8,500 1,206 1,578 1,950 2,376 2,742 3,132 21,073
$8,501 - $9,500 966 1,206 1,578 1,950 2,376 2,742 21,080
$9,501 - $11,000 774 966 1,206 1,578 1,950 2,376 21,087
$11,001 - $12,500 726 774 966 1,206 1,578 1,950 21,094
$12,501 - $14,000 642 726 774 966 1,206 1,578 21,101
$14,001 - $15,500 324 642 726 774 966 1,206 21,108
$15,501 - $18,500 -0- 324 642 726 774 966 21,115
$18,501 - $21,500 -0- -0- 324 642 726 774 21,122
446
$21,501 - $24,500 -0- -0- -0- 324 642 726 21,129
$24,501 - $29,200 -0- -0- -0- -0- 324 642 21,136
$29,201 - $33,900 -0- -0- -0- -0- -0- 324 21,143
Over $33,900 -0- -0- -0- -0- -0- -0- 21,150
For a full-time student who is a dependent and enrolled in 21,153
a state-assisted educational institution, the amount of the 21,154
instructional grant for two semesters, three quarters, or a 21,156
comparable portion of the academic year shall be determined in 21,157
accordance with the following table: 21,158
Public Institution Table of Grants 21,159
Maximum Grant $1,866 21,160
Gross Income Number of Dependents 21,161
1 2 3 4 5 or 21,167
more
Under $12,001 $1,866 $1,866 $1,866 $1,866 $1,866 21,175
$12,001 - $13,000 1,680 1,866 1,866 1,866 1,866 21,181
$13,001 - $14,000 1,482 1,680 1,866 1,866 1,866 21,187
$14,001 - $15,000 1,314 1,482 1,680 1,866 1,866 21,193
$15,001 - $16,000 1,128 1,314 1,482 1,680 1,866 21,199
$16,001 - $17,000 924 1,128 1,314 1,482 1,680 21,205
$17,001 - $20,000 738 924 1,128 1,314 1,482 21,211
$20,001 - $23,000 558 738 924 1,128 1,314 21,217
$23,001 - $26,000 450 558 738 924 1,128 21,223
$26,001 - $29,000 360 450 558 738 924 21,229
$29,001 - $30,000 336 360 450 558 738 21,235
$30,001 - $31,000 306 336 360 450 558 21,241
$31,001 - $32,000 156 306 336 360 450 21,247
$32,001 - $33,000 -0- 156 306 336 360 21,253
$33,001 - $34,000 -0- -0- 156 306 336 21,259
$34,001 - $35,000 -0- -0- -0- 156 306 21,265
$35,001 - $36,000 -0- -0- -0- -0- 156 21,271
Over $36,000 -0- -0- -0- -0- -0- 21,277
For a full-time student who is financially independent and 21,280
enrolled in a state-assisted educational institution, the amount 21,281
447
of the instructional grant for two semesters, three quarters, or 21,283
a comparable portion of the academic year shall be determined in 21,285
accordance with the following table:
Public Institution Table of Grants 21,286
Maximum Grant $1,866 21,287
Gross Income Number of Dependents 21,288
0 1 2 3 4 5 or 21,296
more
Under $3,901 $1,866 $1,866 $1,866 $1,866 $1,866 $1,866 21,305
$3,901 - $4,500 1,680 1,866 1,866 1,866 1,866 1,866 21,312
$4,501 - $5,000 1,482 1,680 1,866 1,866 1,866 1,866 21,319
$5,001 - $5,500 1,314 1,482 1,680 1,866 1,866 1,866 21,326
$5,501 - $6,000 1,128 1,314 1,482 1,680 1,866 1,866 21,333
$6,001 - $6,500 924 1,128 1,314 1,482 1,680 1,866 21,340
$6,501 - $7,500 738 924 1,128 1,314 1,482 1,680 21,347
$7,501 - $8,500 558 738 924 1,128 1,314 1,482 21,354
$8,501 - $9,500 450 558 738 924 1,128 1,314 21,361
$9,501 - $11,000 360 450 558 738 924 1,128 21,368
$11,001 - $12,500 336 360 450 558 738 924 21,375
$12,501 - $14,000 306 336 360 450 558 738 21,382
$14,001 - $15,500 156 306 336 360 450 558 21,389
$15,501 - $18,500 -0- 156 306 336 360 450 21,396
$18,501 - $21,500 -0- -0- 156 306 336 360 21,403
$21,501 - $24,500 -0- -0- -0- 156 306 336 21,410
$24,501 - $29,200 -0- -0- -0- -0- 156 306 21,417
$29,201 - $33,900 -0- -0- -0- -0- -0- 156 21,424
Over $33,900 -0- -0- -0- -0- -0- -0- 21,431
The foregoing appropriation item, 235-503, Ohio 21,434
Instructional Grants, shall be used to make the payments 21,435
authorized by division (C) of section 3333.26 of the Revised Code 21,436
to the institutions described in that division. In addition, 21,437
this appropriation shall be used to reimburse the institutions 21,438
described in division (B) of section 3333.26 of the Revised Code 21,439
for the cost of the waivers required by that division. 21,440
448
War Orphans' Scholarships 21,442
The foregoing appropriation item 235-504, War Orphans' 21,444
Scholarships, shall be used to reimburse state-assisted 21,445
institutions of higher education for waivers of instructional 21,446
fees and general fees provided by them, and to provide grants to 21,447
institutions that have received a certificate of authorization 21,448
from the Ohio Board of Regents under Chapter 1713. of the Revised 21,449
Code, in accordance with the provisions of section 5910.04 of the 21,450
Revised Code, and to fund additional scholarship benefits 21,451
provided by section 5910.032 of the Revised Code. 21,452
Part-time Student Instructional Grants 21,454
The foregoing appropriation item 235-549, Part-time Student 21,456
Instructional Grants, shall be used to support a grant program 21,457
for part-time undergraduate students who are Ohio residents and 21,458
who are enrolled in degree granting programs. 21,459
Eligibility for participation in the program shall include 21,462
degree granting educational institutions that hold a certificate 21,463
of registration from the State Board of Proprietary School 21,464
Registration, and nonprofit institutions that have a certificate 21,465
of authorization issued pursuant to Chapter 1713. of the Revised 21,466
Code, as well as state-assisted colleges and universities. 21,467
Grants shall be given to students on the basis of need, as 21,468
determined by the college, which will, in making these
determinations, give special consideration to single-parent 21,469
heads-of-household and displaced homemakers who enroll in an 21,470
educational degree program that prepares the individual for a 21,471
career. In determining need, the college also shall consider the 21,472
availability of educational assistance from a student's employer. 21,474
It is the intent of the General Assembly that these grants not 21,475
supplant such assistance.
Section 7.08. Capitol Scholarship Programs 21,477
The foregoing appropriation item 235-518, Capitol 21,479
Scholarship Programs, shall be used to provide one hundred 21,480
twenty-five scholarships in each fiscal year in the amount of 21,482
449
$2,000 each for students enrolled in Ohio's public and private 21,483
institutions of higher education to participate in the Washington 21,484
Center Internship Program. The scholarships shall be matched by 21,485
the Washington Center's scholarship funds. 21,486
Student Choice Grants 21,488
The foregoing appropriation item 235-531, Student Choice 21,490
Grants, shall be used to support the Student Choice Grant Program 21,491
created by section 3333.27 of the Revised Code. 21,492
Student Workforce Development Grants 21,494
The foregoing appropriation item 235-534, Student Workforce 21,496
Development Grants, shall be used to support the Student 21,498
Workforce Development Grant program. Of the appropriated funds 21,500
available, the Board of Regents shall distribute grants of up to 21,501
$200 to each eligible student in an academic year.
Academic Scholarships 21,503
Notwithstanding the provision in section 3333.22 of the 21,505
Revised Code requiring the annual amount of a scholarship for a 21,506
scholar to be $2,000, in lieu of that amount the annual 21,507
scholarship amount awarded to any scholar who received a 21,508
scholarship for the 1994-1995 academic year shall be $1,000 for 21,509
any academic year for which the scholar is eligible for a 21,510
scholarship under section 3333.22 of the Revised Code. 21,511
Physician Loan Repayment 21,513
The foregoing appropriation item 235-604, Physician Loan 21,515
Repayment, shall be used in accordance with sections 3702.71 to 21,517
3702.81 of the Revised Code.
Nursing Loan Program 21,519
The foregoing appropriation item 235-606, Nursing Loan 21,521
Program, shall be used to administer the nurse education 21,522
assistance program. Up to $148,000 in fiscal year 2000 and 21,523
$152,000 in fiscal year 2001 may be used for operating expenses 21,524
associated with the program. Any additional funds needed for the 21,525
administration of the program are subject to Controlling Board 21,526
approval. 21,527
450
Section 7.09. Cooperative Extension Service 21,529
Of the foregoing appropriation item 235-511, Cooperative 21,531
Extension Service, $210,000 in each fiscal year shall be used for 21,533
additional staffing for county agents for expanded 4-H 21,534
activities. Of the foregoing appropriation item 235-511, 21,535
Cooperative Extension Service, $210,000 in each fiscal year shall 21,537
be used by the Cooperative Extension Service, through the
Enterprise Center for Economic Development in cooperation with 21,538
other agencies, for a public-private effort to create and operate 21,539
a small business economic development program to enhance the 21,540
development of alternatives to the growing of tobacco, and 21,541
implement through applied research and demonstration, the 21,542
production and marketing of other high value crops and 21,543
value-added products. Of the foregoing appropriation item 21,544
235-511, Cooperative Extension Service, $65,000 in each fiscal 21,545
year shall be used for farm labor mediation and education 21,546
programs. Of the foregoing appropriation item 235-511, 21,547
Cooperative Extension Service, $215,000 in each fiscal year shall 21,548
be used to support the Ohio State University Marion Enterprise 21,549
Center.
Of the foregoing appropriation item 235-511, Cooperative 21,551
Extension Service, $680,000 in fiscal year 2000 and $910,500 in 21,552
fiscal year 2001 shall be used to support the Ohio Watersheds 21,553
Initiative.
Agricultural Research and Development Center 21,555
Of the foregoing appropriation item 235-535, Agricultural 21,557
Research and Development Center, $950,000 in each fiscal year 21,558
shall be distributed to the Piketon Agricultural Research and 21,560
Extension Center.
Of the foregoing appropriation item 235-535, Agricultural 21,562
Research and Development Center, $250,000 in each fiscal year 21,563
shall be distributed to the Raspberry/Strawberry-Ellagic Acid 21,564
Research program at the Ohio State University Medical College in 21,565
cooperation with the Ohio State University College of 21,566
451
Agriculture.
Of the foregoing appropriation item 235-535, Agricultural 21,568
Research and Development Center, $50,000 in each fiscal year 21,569
shall be used to support the Ohio Berry Administrator. 21,570
Of the foregoing appropriation item 235-535, Agricultural 21,572
Research and Development Center, $100,000 in each fiscal year 21,573
shall be used for the development of agricultural crops and 21,574
products not currently in widespread production in Ohio, in order 21,575
to increase the income and viability of family farmers. 21,576
Cooperative Extension Service and Agricultural Research and 21,579
Development Center
The foregoing appropriation items 235-511, Cooperative 21,581
Extension Service, and 235-535, Agricultural Research and 21,582
Development Center, shall be disbursed through the Ohio Board of 21,583
Regents to The Ohio State University in monthly payments, unless 21,584
otherwise determined by the Director of Budget and Management 21,585
pursuant to the provisions of section 126.09 of the Revised Code. 21,587
Of the foregoing appropriation item 235-535, Agricultural
Research and Development Center, $540,000 in each fiscal year 21,588
shall be used to purchase equipment. 21,589
The Ohio Agricultural Research and Development Center shall 21,591
not be required to remit payment to The Ohio State University 21,592
during the 1999-2001 biennium for cost reallocation assessments. 21,594
The cost reallocation assessments include, but are not limited 21,595
to, any assessment on state appropriations to the center. 21,596
Section 7.10. Sea Grants 21,598
The foregoing appropriation item 235-402, Sea Grants, shall 21,600
be disbursed to The Ohio State University. The funds from this 21,601
appropriation item shall be used to conduct research on fish in 21,602
Lake Erie.
Information System 21,604
The foregoing appropriation item 235-409, Information 21,606
System, shall be used by the Board of Regents to revise the 21,607
higher education data system known as the Uniform Information 21,608
452
System.
Student Services 21,610
The foregoing appropriation item 235-502, Student Support 21,612
Services, shall be distributed by the Board of Regents to Ohio's 21,613
state-assisted colleges and universities that incur 21,614
disproportionate costs in the provision of support services to 21,615
disabled students.
Central State Supplement 21,617
Of the foregoing appropriation item 235-514, Central State 21,619
Supplement, $100,000 in fiscal year 2000 shall be used in a 21,620
collaboration between the Board of Regents and the Institute for 21,621
Urban Education for planning purposes; $400,000 in fiscal year 21,622
2000 shall be distributed to the Institute for Urban Education at 21,623
the direction of the Board of Regents; and $1,000,000 in fiscal
year 2001 shall be distributed to the Institute for Urban 21,624
Education at the direction of the Board of Regents. 21,625
Shawnee State Supplement 21,627
The foregoing appropriation item 235-520, Shawnee State 21,629
Supplement, shall be used by Shawnee State University as detailed 21,630
by both of the following: 21,631
(A) To allow Shawnee State University to keep its 21,633
undergraduate fees below the statewide average, consistent with 21,634
its mission of service to an economically depressed Appalachian 21,635
region;
(B) To allow Shawnee State University to employ new 21,637
faculty to develop and teach in new degree programs that meet the 21,638
needs of Appalachians.
Police and Fire Protection 21,640
The foregoing appropriation item 235-524, Police and Fire 21,642
Protection, shall be used for police and fire services in the 21,643
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 21,644
Portsmouth, Xenia Township (Greene County), and Rootstown 21,645
Township, which may be used to assist these local governments in
providing police and fire protection for the central campus of 21,646
453
the state-affiliated university located therein. Each 21,647
participating municipality and township shall receive at least 21,648
five thousand dollars per year. Funds shall be distributed by 21,649
the Ohio Board of Regents.
School of International Business 21,651
Of the foregoing appropriation item 235-547, School of 21,653
International Business, $1,243,637 in each fiscal year shall be 21,654
used for the continued development and support of the School of 21,655
International Business of the state universities of northeast 21,656
Ohio. The money shall go to the University of Akron. These 21,657
funds shall be used by the university to establish a School of 21,658
International Business located at the University of Akron. It 21,659
may confer with the Kent State University, Youngstown State 21,660
University, and Cleveland State University as to the curriculum 21,661
and other matters regarding the school.
Of the foregoing appropriation item 235-547, School of 21,663
International Business, $250,000 in each fiscal year shall be 21,664
used to support the University of Toledo School of Business. 21,665
Of the foregoing appropriation item 235-547, School of 21,667
International Business, $250,000 in each fiscal year shall be 21,668
used to support the Ohio State University MUCIA program. 21,670
Capital Component 21,672
The foregoing appropriation item 235-552, Capital 21,674
Component, shall be used by the Ohio Board of Regents to 21,675
implement the capital funding policy for state-assisted colleges 21,676
and universities established in Am. H.B. No. 748 of the 121st 21,678
General Assembly. Appropriations from this item shall be
distributed to all campuses for which the estimated campus debt 21,679
service attributable to new qualifying capital projects is less 21,681
than the campus' formula-determined capital component allocation.
Campus allocations shall be determined by subtracting the 21,682
estimated campus debt service attributable to new qualifying 21,683
capital projects from campus formula-determined capital component 21,684
allocation. Moneys distributed from this appropriation item 21,685
454
shall be restricted to capital-related purposes. 21,686
Dayton Area Graduate Studies Institute 21,688
The foregoing appropriation item 235-553, Dayton Area 21,690
Graduate Studies Institute, shall be used by the Ohio Board of 21,691
Regents to support the Dayton Area Graduate Studies Institute, an 21,692
engineering graduate consortium of three universities in the 21,693
Dayton area - Wright State University, The University of Dayton, 21,694
and the Air Force Institute of Technology - with the
participation of the University of Cincinnati and The Ohio State 21,695
University.
Long-Term Care Research 21,697
The foregoing appropriation item 235-558, Long-term Care 21,699
Research, shall be disbursed to Miami University for long-term 21,700
care research.
BGSU Canadian Studies Center 21,702
The foregoing appropriation item 235-561, BGSU Canadian 21,704
Studies Center, shall be used by the Canadian Studies Center at 21,705
Bowling Green State University to study opportunities for Ohio 21,707
and Ohio businesses to benefit from the Free Trade Agreement 21,708
between the United States and Canada.
Urban University Programs 21,710
Of the foregoing appropriation item 235-583, Urban 21,712
University Programs, universities receiving funds which are used 21,714
to support an ongoing university unit must certify periodically 21,715
in a manner approved by the Ohio Board of Regents that program 21,716
funds are being matched on a one-to-one basis with equivalent 21,717
resources. Overhead support may not be used to meet this 21,718
requirement. Where Urban University Program funds are being used 21,719
to support an ongoing university unit, matching funds must come 21,720
from continuing rather than one-time sources. At each 21,721
participating state-assisted institution of higher education, 21,722
matching funds must be within the substantial control of the 21,723
individual designated by the institution's president as the Urban 21,724
University Program representative. 21,725
455
Of the foregoing appropriation item 235-583, Urban 21,727
University Programs, $380,000 in each fiscal year shall be used 21,728
to support a public communication outreach program (WCPN). The 21,730
primary purpose of the program shall be to develop a relationship 21,731
between Cleveland State University and nonprofit communications
entities. 21,732
Of the foregoing appropriation item 235-583, Urban 21,734
University Programs, $180,000 in each fiscal year shall be used 21,735
to support the Center for the Interdisciplinary Study of 21,736
Education and the Urban Child at Cleveland State University. 21,738
These funds shall be distributed according to rules adopted by 21,739
the Ohio Board of Regents and shall be used by the center for 21,740
interdisciplinary activities targeted toward increasing the 21,741
chance of lifetime success of the urban child, including 21,742
interventions beginning with the prenatal period. The primary 21,743
purpose of the center is to study issues in urban education and 21,744
to systematically map directions for new approaches and new 21,745
solutions by bringing together a cadre of researchers, scholars, 21,746
and professionals representing the social, behavioral, education, 21,747
and health disciplines.
Of the foregoing appropriation item 235-583, Urban 21,750
University Programs, $260,000 in each fiscal year shall be used 21,751
to support the Kent State University Learning and Technology 21,752
Project. This project is a kindergarten through university 21,753
collaboration between schools surrounding Kent's eight campuses 21,754
in northeast Ohio, and corporate partners who will assist in 21,755
development and delivery. 21,756
The Kent State University Project shall provide a faculty 21,758
member who has a full-time role in the development of 21,759
collaborative activities and teacher instructional programming 21,760
between Kent and the K-12th grade schools that surround its eight 21,761
campuses; appropriate student support staff to facilitate these 21,762
programs and joint activities; and hardware and software to 21,763
schools that will make possible the delivery of instruction to 21,764
456
pre-service and in-service teachers, and their students, in their 21,765
own classrooms or school buildings. This shall involve the 21,766
delivery of low-bandwidth streaming video and web-based 21,767
technologies in a distributed instructional model. 21,768
Of the foregoing appropriation item 235-583, Urban 21,770
University Programs, $100,000 in each fiscal year shall be used 21,771
to support the Ameritech Classroom/Center for Research at Kent 21,772
State University. 21,773
Of the foregoing appropriation item 235-583, Urban 21,775
University Programs, $1,278,373 in fiscal year 2000 and 21,776
$1,000,000 in fiscal year 2001 shall be used to support the 21,778
Polymer Distance Learning Project at the University of Akron. Of
these amounts, $1,000,000 shall be used in fiscal year 2000 for 21,779
the Polymer Distance Learning Project and $278,373 shall be used 21,780
in fiscal year 2000 for the university's primary and secondary 21,781
school distance learning project; $1,000,000 shall be used in 21,782
fiscal year 2001 for the Polymer Distance Learning Project. 21,783
Of the foregoing appropriation item 235-583, Urban 21,785
University Programs, $500,000 in fiscal year 2000 shall be used 21,786
to support general arts programming at the University of Akron. 21,787
Of the foregoing appropriation item 235-583, Urban 21,789
University Programs, $50,000 in each fiscal year shall be 21,790
distributed to the Kent State University/Cleveland Design Center 21,791
program.
Of the foregoing appropriation item 235-583, Urban 21,793
University Programs, $250,000 in each fiscal year shall be used 21,794
to support the Bliss Institute of Applied Politics at the 21,795
University of Akron.
Of the foregoing appropriation item 235-583, Urban 21,797
University Programs, $250,000 in fiscal year 2000 shall be used 21,798
to support the Cleveland State University Applied Digital 21,799
Technology Center/WVIZ.
Of the foregoing appropriation item 235-583, Urban 21,801
University Programs, $15,000 in each fiscal year shall be used 21,802
457
for the Advancing-Up Program at the University of Akron. 21,803
Of the foregoing appropriation item 235-583, Urban 21,805
University Programs, $650,000 in fiscal year 2000 shall be used 21,807
for the Cleveland State University Technology Link. 21,808
Of the remainder of the appropriation, 50 per cent of the 21,810
total in each fiscal year shall be distributed by the Ohio Board 21,811
of Regents to Cleveland State University in support of the Urban 21,812
Center of the College of Urban Affairs. The balance of the 21,813
appropriation shall be distributed to the Northeast Ohio 21,815
Interinstitutional Research Program, the Urban Linkages Program, 21,816
and the Urban Research Technical Assistance Grant Program. 21,817
International Center for Water Resources Development 21,819
The foregoing appropriation item 235-595, International 21,821
Center for Water Resources Development, shall be used to support 21,822
the International Center for Water Resources Development at 21,823
Central State University. This center shall develop methods to 21,824
improve the management of water resources for Ohio and for 21,825
emerging nations.
Rural University Projects 21,827
Of the foregoing appropriation item 235-587, Rural 21,829
University Projects, Bowling Green State University shall receive 21,830
$211,330 in fiscal year 2000 and $216,400 in fiscal year 2001. 21,831
Miami University shall receive $323,365 in fiscal year 2000 and 21,832
$331,125 in fiscal year 2001. Ohio University shall receive 21,833
$738,375 in fiscal year 2000 and $756,099 in fiscal year 2001.
These funds shall be used to support the Institute for Local 21,835
Government Administration and Rural Development at Ohio
University, the Center for Public Management and Regional Affairs 21,836
at Miami University, and the public administration program at 21,837
Bowling Green State University. 21,838
Of the foregoing appropriation item 235-587, Rural 21,840
University Projects, $25,000 in each fiscal year shall be used to 21,841
support the Washington State Community College day care center. 21,842
Of the foregoing appropriation item 235-587, Rural 21,844
458
University Projects, $75,000 in fiscal year 2001 shall be used to 21,845
support the COAD/ILGARD/GOA Appalachian Leadership Initiative. 21,846
A small portion of the funds provided to Ohio University 21,849
shall be used to establish a satellite office of the Institute 21,850
for Local Government Administration and Rural Development at 21,851
Shawnee State University. A small portion of the funds provided 21,852
to Ohio University shall also be used for the Institute for Local 21,853
Government Administration and Rural Development State and Rural 21,854
Policy Partnership with the Governor's Office of Appalachia and
the Appalachian delegation of the General Assembly. 21,855
Ohio Resource Center for Math, Science, and Reading 21,857
The foregoing appropriation item 235-588, Ohio Resource 21,859
Center for Math, Science, and Reading, shall be used to support a 21,860
resource center for mathematics, science, and reading to be 21,861
located at a state-assisted university for the purpose of 21,862
identifying best educational practices in primary and secondary 21,863
schools and establishing methods for communicating them to
colleges of education and school districts. 21,864
Prior to December 31, 1999, the Governor, the 21,866
Superintendent of Public Instruction, and the Chancellor of the 21,867
Ohio Board of Regents shall conduct a search for the best 21,868
location for the establishment of the Ohio Resource Center for 21,869
Mathematics, Science, and Reading. The location selected shall
be on the campus of one of the state universities named in 21,870
section 3345.011 of the Revised Code. The university selected 21,871
shall be chosen on a competitive basis from among those 21,872
universities that apply to the Board of Regents.
Hazardous Materials Program 21,874
The foregoing appropriation item 235-596, Hazardous 21,876
Materials Program, shall be disbursed to Cleveland State 21,877
University for the operation of a program to certify firefighters 21,878
for the handling of hazardous materials. Training shall be 21,879
available to all Ohio firefighters.
National Guard Tuition Grant Program 21,881
459
The Board of Regents shall disburse funds from 21,883
appropriation item 235-599, National Guard Tuition Grant Program, 21,884
at the direction of the Adjutant General. 21,885
Ohio Higher Educational Facility Commission Support 21,887
The foregoing appropriation item 235-602, HEFC 21,889
Administration, shall be used by the Board of Regents for 21,890
operating expenses related to the Board of Regents' support of 21,891
the activities of the Ohio Higher Educational Facility 21,892
Commission. Upon the request of the chancellor, the Director of 21,893
Budget and Management shall transfer up to $12,000 cash from Fund 21,894
461 to Fund 4E8 in each fiscal year of the biennium. 21,895
Section 7.11. Repayment of Research Facility Investment 21,897
Fund Moneys
Notwithstanding any provision of law to the contrary, all 21,899
repayments of Research Facility Investment Fund loans shall be 21,900
made to the Bond Service Trust Fund. All Research Facility 21,902
Investment Fund loan repayments made prior to the effective date 21,903
of this section shall be transferred by the Director of Budget
and Management to the Bond Service Trust Fund within sixty days 21,905
of the effective date of this section. 21,906
Campuses are required to make timely repayments of Research 21,908
Facility Investment Fund loans, according to the schedule 21,909
established by the Board of Regents. In the case of late 21,910
payments, the Board of Regents is authorized to deduct from an 21,911
institution's periodic subsidy distribution an amount equal to
the amount of the overdue payment for that institution, transfer 21,912
such amount to the Bond Service Trust Fund, and credit the 21,913
appropriate institution for the repayment. 21,914
Veterans' Preference 21,916
The Board of Regents shall work with the Governor's Office 21,918
of Veterans' Affairs to develop specific veterans' preference 21,919
guidelines for higher education institutions. These guidelines 21,920
shall ensure that the institutions' hiring practices are in 21,921
accordance with the intent of Ohio's veterans' preference laws. 21,922
460
Section 7.12. Central State University 21,924
(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, 21,926
and 3345.76 of the Revised Code and 126:3-1-01 of the Ohio 21,927
Administrative Code, Central State University shall adhere to the 21,928
following fiscal standards:
(1) Maintenance of a balanced budget and filing of 21,930
quarterly reports on an annualized budget with the Board of 21,931
Regents, comparing the budget to actual spending and revenues 21,932
with projected expenditures and revenues for the remainder of the 21,933
year. Such reports shall include narrative explanations as
appropriate and be filed within 30 days of the end of the 21,934
quarter.
(2) Timely and accurate assessment of the current and 21,936
projected cash flow of university funds, by fund type; 21,937
(3) Timely reconciliation of all university cash and 21,939
general ledger accounts, by fund; 21,940
(4) Submission to the Auditor of State financial 21,942
statements consistent with audit requirements prescribed by the 21,943
Auditor of State within four months after the end of the fiscal 21,944
year;
(5) Completion of an audit within six months after the end 21,946
of the fiscal year. 21,947
The Director of Budget and Management shall provide 21,949
clarification to the university on these fiscal standards as 21,950
deemed necessary. The director may also take such actions as are 21,951
necessary to ensure that the university adheres to these 21,952
standards and other fiscal standards consistent with generally
accepted accounting principles and the requirements of external 21,953
entities providing funding to the university. Such actions may 21,954
include the appointment of a financial consultant to assist 21,955
Central State University in the continuous process of design and 21,956
implementation of responsible systems of financial management and 21,957
accounting.
(B) The director's fiscal oversight shall continue until 21,959
461
such time as the university meets the same criteria as those 21,960
created in 126:3-1-01(F) of the Ohio Administrative Code for the 21,962
termination of a fiscal watch. At that time Central State 21,963
University shall be relieved of the requirements of this section
and subject to the requirements of sections 3345.72, 3345.74, 21,964
3345.75, and 3345.76 of the Revised Code. 21,965
Section 7.13. Technical College District Refinancing of 21,967
Leases for Housing and Dining Facilities 21,968
Notwithstanding section 3357.112 of the Revised Code, a 21,970
technical college district established under Chapter 3357. of the 21,971
Revised Code that is the lessee of housing and dining facilities 21,972
under a lease entered into prior to September 17, 1996, may enter 21,973
into an amendment to that lease and may acquire, by purchase, 21,974
lease-purchase, lease with option to purchase, or otherwise, 21,975
those housing and dining facilities that are the subject of that 21,976
lease. To pay all or part of the costs of acquiring those 21,977
housing and dining facilities, and to refund obligations 21,978
previously issued for such purpose, a technical college district 21,979
may issue obligations in the manner provided by and subject to 21,980
the applicable provisions of section 3345.12 of the Revised Code 21,981
and Sections 99.03 and 99.06 of Am. Sub. H.B. 215 of the 122nd 21,982
General Assembly.
Section 7.14. Non-Profit Research Capital Support 21,984
Notwithstanding Section 30.06 of H.B. 850 of the 122nd 21,986
General Assembly, of the appropriation item CAP-063, Non-Profit 21,987
Research Capital Support, $6,300,000 shall be assigned to 21,988
Cleveland State University to be used to award a grant to a 21,989
capital project at the Cleveland Clinic Foundation to advance 21,990
biomedical research. 21,991
Notwithstanding Section 30.06 of H.B. 850 of the 122nd 21,993
General Assembly, of the appropriation item CAP-063, Non-Profit 21,994
Research Capital Support, $1,700,000 shall be assigned to the 21,995
Wallace-Kettering Neuroscience Institute.
Section 8. OSB OHIO STATE SCHOOL FOR THE BLIND 21,997
462
General Revenue Fund 21,999
GRF 226-100 Personal Services $ 5,540,996 $ 5,631,645 22,004
GRF 226-200 Maintenance $ 676,533 $ 714,732 22,008
GRF 226-300 Equipment $ 69,534 $ 101,203 22,012
TOTAL GRF General Revenue Fund $ 6,287,063 $ 6,447,580 22,015
General Services Fund Group 22,017
4H8 226-602 Education Reform 22,020
Grants $ 29,900 $ 29,900 22,022
TOTAL GSF General Services 22,023
Fund Group $ 29,900 $ 29,900 22,026
State Special Revenue Fund Group 22,028
4M5 226-601 Work Study & 22,031
Technology
Investments $ 40,083 $ 40,924 22,033
TOTAL SSR State Special Revenue 22,034
Fund Group $ 40,083 $ 40,924 22,037
Federal Special Revenue Fund Group 22,039
3P5 226-643 Medicaid Professional 22,042
Services
Reimbursement $ 125,000 $ 125,000 22,044
310 226-626 Coordinating Unit $ 1,173,036 $ 1,195,850 22,048
TOTAL FED Federal Special 22,049
Revenue Fund Group $ 1,298,036 $ 1,320,850 22,052
TOTAL ALL BUDGET FUND GROUPS $ 7,655,082 $ 7,839,254 22,055
Maintenance 22,058
Of the foregoing appropriation item 226-200, Maintenance, 22,060
up to $21,962 in fiscal year 2001 shall be used to purchase 22,061
Braille and large-print textbooks in the areas of reading, 22,062
mathematics, and spelling for grades kindergarten through six. 22,063
Equipment 22,065
Of the foregoing appropriation item 226-300, Equipment, 22,067
$30,000 in fiscal year 2001 shall be used to purchase a van 22,068
equipped with a hydraulic lift for wheelchairs. 22,069
Section 9. OSD OHIO STATE SCHOOL FOR THE DEAF 22,071
463
General Revenue Fund 22,073
GRF 221-100 Personal Services $ 6,996,372 $ 7,500,996 22,078
GRF 221-200 Maintenance $ 944,938 $ 998,596 22,082
GRF 221-300 Equipment $ 180,715 $ 190,975 22,086
TOTAL GRF General Revenue Fund $ 8,122,025 $ 8,690,567 22,089
General Services Fund Group 22,091
4M1 221-602 Education Reform 22,094
Grants $ 64,867 $ 65,210 22,096
TOTAL GSF General Services 22,097
Fund Group $ 64,867 $ 65,210 22,100
State Special Revenue Fund Group 22,102
4M0 221-601 Educational Program 22,105
Expenses $ 16,890 $ 17,363 22,107
TOTAL SSR State Special Revenue 22,108
Fund Group $ 16,890 $ 17,363 22,111
Federal Special Revenue Fund Group 22,113
3R0 221-684 Medicaid Professional 22,116
Services
Reimbursement $ 80,000 $ 82,240 22,118
311 221-625 Coordinating Unit $ 848,780 $ 871,271 22,122
TOTAL FED Federal Special 22,123
Revenue Fund Group $ 928,780 $ 953,511 22,126
TOTAL ALL BUDGET FUND GROUPS $ 9,132,562 $ 9,726,651 22,129
Maintenance 22,132
Of the foregoing appropriation item 221-200, Maintenance, 22,134
$30,979 in fiscal year 2001 shall be used to renovate classrooms. 22,135
Equipment 22,137
Of the foregoing appropriation item 221-300, Equipment, 22,139
$5,923 in fiscal year 2001 shall be used to purchase security 22,140
equipment, including steel doors, computerized locks, and 22,141
television surveillance equipment.
Section 10. SFC SCHOOL FACILITIES COMMISSION 22,143
General Revenue Fund 22,145
GRF 230-428 Lease Rental Payments $ 55,400,000 $ 70,300,000 22,150
464
TOTAL GRF General Revenue Fund $ 55,400,000 $ 70,300,000 22,153
State Special Revenue Fund Group 22,156
5E3 230-644 Operating Expenses $ 2,609,726 $ 2,738,277 22,161
TOTAL SSR State Special Revenue 22,162
Fund Group $ 2,609,726 $ 2,738,277 22,165
TOTAL ALL BUDGET FUND GROUPS $ 58,009,726 $ 73,038,277 22,168
Lease Rental Payments 22,171
The foregoing appropriation item 230-428, Lease Rental 22,173
Payments, shall be used by the School Facilities Commission to 22,174
pay bond service charges on obligations issued pursuant to 22,175
Chapter 3318. of the Revised Code.
Operating Expenses 22,177
The foregoing appropriation item 230-644, Operating 22,179
Expenses, shall be used by the Ohio School Facilities Commission 22,180
to carry out its responsibilities pursuant to this section and 22,181
Chapter 3318. of the Revised Code. 22,182
Within ten days after the effective date of this section, 22,184
or as soon as possible thereafter, the Executive Director of the 22,185
Ohio School Facilities Commission shall certify to the Director 22,186
of Budget and Management the amount of cash to be transferred 22,187
from the School Building Assistance Fund (Fund 032) or the Public 22,188
School Building Fund (Fund 021) to the Ohio School Facilities
Commission Fund (Fund 5E3). 22,189
By July 10, 2000, the Executive Director of the Ohio School 22,191
Facilities Commission shall certify to the Director of Budget and 22,192
Management the amount of cash to be transferred from the School 22,193
Building Assistance Fund (Fund 032) or the Public School Building 22,194
Fund (Fund 021) to the Ohio School Facilities Commission Fund 22,195
(Fund 5E3).
Prior Year Encumbrances 22,197
At the request of the Director of the Ohio School 22,199
Facilities Commission, the Director of Budget and Management may 22,200
cancel encumbrances from fiscal years 1998 and 1999 in CAP-770, 22,201
School Building Program Assistance, and reestablish such 22,202
465
encumbrances or parts of encumbrances to CAP-622, Public School
Buildings, for fiscal years 2000 and 2001. Appropriations to 22,203
CAP-622 shall not be increased as a result of reestablishing such 22,204
encumbrances. An amount equal to the canceled encumbrances in 22,205
CAP-770 shall be appropriated to CAP-775. 22,206
Disability Access Projects 22,208
The unencumbered and unallotted balances as of June 30, 22,210
1999, in appropriation item 230-649, Disability Access Project, 22,211
are hereby reappropriated. The unencumbered and unallotted 22,213
balances of the appropriation at the end of fiscal year 2000 are 22,214
hereby reappropriated in fiscal year 2001 to fund capital 22,215
projects pursuant to this section. 22,216
(A) As used in this section: 22,218
(1) "Percentile" means the percentile in which a school 22,220
district is ranked according to the fiscal year 1998 ranking of 22,221
school districts with regard to income and property wealth under 22,222
division (B) of section 3318.011 of the Revised Code. 22,223
(2) "School district" means a city, local, or exempted 22,225
village school district, but excluding a school district that is 22,226
one of the state's 21 urban school districts as defined in 22,227
division (O) of section 3317.02 of the Revised Code, as that 22,228
section existed prior to July 1, 1998. 22,229
(3) "Valuation per pupil" means a district's total taxable 22,232
value as defined in section 3317.02 of the Revised Code divided 22,233
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 22,234
1, 1998.
(B) The School Facilities Commission shall adopt rules for 22,236
awarding grants to school districts with a valuation per pupil of 22,238
less than $200,000, to be used for construction, reconstruction,
or renovation projects in classroom facilities, the purpose of 22,239
which is to improve access to such facilities by physically 22,240
handicapped persons. The rules shall include application 22,241
procedures. No school district shall be awarded a grant under 22,242
466
this section in excess of $100,000. In addition, any school 22,243
district shall be required to pay a percentage of the cost of the 22,244
project or which the grant is being awarded equal to the 22,245
percentile in which the district is ranked. 22,246
(C) The School Facilities Commission is hereby authorized 22,248
to use a portion of appropriation item CAP-622, Public School 22,249
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd 22,251
General Assembly, to provide funds to make payments resulting 22,252
from the approval of applications for disability access granted
received prior to January 1, 1999. 22,253
Section 10.01. Short-Term Loans 22,255
The School Facilities Commission may make loans to school 22,257
districts for a period of up to three years for emergency repair 22,259
or replacement of school facilities as a result of faulty design 22,260
or construction and for which the school district is engaged in a
dispute with the contractor or other responsible parties. The 22,261
interest rate of any loan issued under this section shall be 22,263
determined by the School Facilities Commission and any interest 22,264
gained under any settlement regarding faulty design or 22,265
construction in excess of the interest paid under the loan shall 22,266
be received by the commission. No moneys provided in the form of 22,267
short term loans may be used to support the legal fees of the 22,268
school district. Debt incurred under this section shall not be 22,269
included in the calculation of the net indebtedness of the school
district under section 133.06 of the Revised Code. 22,270
Section 10.02. Extreme Environmental Contamination of 22,272
School Facilities 22,273
Notwithstanding the provisions of Section 26 of Am. Sub. 22,275
H.B. 850 of the 122nd General Assembly regarding eligibility for 22,276
the Exceptional Needs Pilot Program, the School Facilities 22,278
Commission may provide assistance to any school district and not 22,279
exclusively a school district in the lowest 50 per cent of 22,280
adjusted valuation per pupil on the fiscal year 1999 ranking of 22,281
school districts established pursuant to section 3317.02 of the 22,282
467
Revised Code, for the purpose of the relocation or replacement of 22,283
school facilities required as a result of extreme environmental 22,284
contamination.
Section 10.03. Big Eight School Districts and Class Size 22,286
Reduction
Of the appropriation item CAP-622, Public School Buildings 22,288
contained in House Bill 283 of the 123rd General Assembly, up to 22,289
$48,000,000 shall be used by the School Facilities Commission to 22,290
provide funds to the big eight school districts as defined in 22,292
section 3314.02 of the Revised Code to be used for major 22,293
renovations and repairs of school facilities. These moneys shall 22,294
be allocated to the big eight school districts on a per-pupil 22,295
basis, based on fiscal year 1999 total average daily membership 22,296
as defined in section 3317.03 of the Revised Code. To be 22,297
eligible to receive these funds, each school district shall: 22,298
(1) Provide a 100 per cent match from funds that are 22,300
approved by the School Facilities Commission; 22,301
(2) Develop and submit a capital renovations plan for the 22,303
use of state and local funds subject to approval by the School 22,304
Facilities Commission.
Of the appropriation item CAP-622, Public School Buildings 22,306
contained in House Bill 283 of the 123rd General Assembly, up to 22,307
$1,000,000 in each fiscal year shall be used by the School 22,308
Facilities Commission for the Class Size Reduction Facilities 22,309
Assistance Program to provide funds to school districts to 22,310
support renovation of existing facilities or the purchase of 22,311
additional school facilities, including modular units, as a 22,312
result of the district meeting qualifications prescribed in 22,313
section 3318.37 of the Revised Code. 22,314
Section 11. NET OHIO SCHOOLNET COMMISSION 22,316
General Revenue Fund 22,318
GRF 228-404 Operating Expenses $ 5,703,175 $ 5,483,910 22,323
GRF 228-406 Technical & 22,325
Instructional
468
Professional
Development $ 12,408,453 $ 12,706,256 22,327
GRF 228-539 Education Technology $ 6,707,421 $ 6,733,475 22,331
GRF 228-559 RISE - Interactive 22,333
Parenting Program $ 1,200,000 $ 1,200,000 22,335
Total GRF General Revenue Fund $ 26,019,049 $ 26,123,641 22,338
General Services Fund Group 22,340
5D4 228-640 Conference/Special 22,343
Purpose Expenses $ 500,000 $ 500,000 22,345
TOTAL GSF General Services 22,346
Fund Group $ 500,000 $ 500,000 22,349
State Special Revenue Fund Group 22,352
4W9 228-630 Ohio SchoolNet 22,355
Telecommunity Fund $ 3,389,447 $ 52,813 22,357
4X1 228-634 Distance Learning $ 3,174,718 $ 3,263,413 22,361
4Y4 228-698 SchoolNet Plus $ 90,000,000 $ 10,000,000 22,365
TOTAL SSR State Special Revenue 22,366
Fund Group $ 96,564,165 $ 13,316,226 22,369
Federal Special Revenue Fund Group 22,372
3S3 228-655 Technology Literacy 22,375
Challenge $ 16,650,418 $ 16,650,418 22,377
TOTAL FED Federal Special Revenue 22,378
Fund Group $ 16,650,418 $ 16,650,418 22,381
TOTAL ALL BUDGET FUND GROUPS $ 139,733,632 $ 56,590,285 22,384
SchoolNet Plus Program 22,387
(A) The foregoing appropriation item 228-698, SchoolNet 22,389
Plus, shall be used as follows: 22,390
(1) Up to $28,600,000 to purchase network 22,392
telecommunications equipment for each public school building in 22,393
this state to provide classroom and building access to existing 22,394
and potential statewide voice, video, and data telecommunication 22,395
services. As used in this section, "public school building" 22,396
means a school building of any city, local, exempted village, or 22,397
joint vocational school district or any community school 22,398
469
established under Chapter 3314. of the Revised Code. The Ohio 22,399
SchoolNet Commission, in consultation with the Department of 22,400
Education, Department of Administrative Services, and Ohio 22,401
Education Computer Network, shall define the standards and 22,402
equipment configurations necessary to maximize the efficient use 22,403
of the existing and potential statewide voice, video, and data 22,404
telecommunication services.
(2) Up to $53,300,000 to establish and equip at least one 22,406
interactive computer workstation for each five children enrolled 22,407
in the fifth grade based on the number of children each 22,408
qualifying school district has enrolled in the fifth grade as 22,409
reported in October 1999 pursuant to division (A) of section 22,410
3317.03 of the Revised Code. 22,411
To the extent the Ohio SchoolNet Commission can reduce the 22,413
purchase cost of an interactive computer workstation through 22,414
efficient purchasing methods, the commission may utilize any cost 22,415
savings to begin a subsequent round of funding to provide 22,416
interactive computer workstations to qualifying school districts. 22,417
The commission may select qualifying school districts to receive 22,418
the proceeds of any savings based on district readiness to 22,419
utilize interactive computer workstations. The commission may 22,420
determine readiness on either a district-wide or individual 22,421
classroom or grade-level basis or by such other criteria deemed 22,422
appropriate by the commission. 22,423
(3) Up to $1,000,000 to pay for the cost of an independent 22,425
review of all the agencies in this state that deliver education 22,426
technology, as called for in Recommendation One of the Report of 22,427
the Ohio School Technology Implementation Task Force; 22,428
(4) Up to $1,500,000 to pay for the cost of a statewide 22,430
educational technology strategic planning process as called for 22,431
in Recommendation Two of the Report of the Ohio Schools 22,432
Technology Implementation Task Force; 22,433
(5) Up to $4,600,000 in fiscal year 2000 and $10,000,000 22,435
in fiscal year 2001 to extend the Interactive Video Distance 22,436
470
Learning Program in accordance with the statewide educational 22,437
technology strategic plan. The commission shall adopt procedures 22,438
for the administration and implementation of the Interactive 22,439
Video Distance Learning Program. The procedures shall include 22,440
application procedures, specifications for distance learning 22,441
technology, and terms and conditions for participation in the 22,442
program. The commission shall not approve any application for 22,443
participation in the program unless it has determined that the 22,444
applicant can effectively and efficiently integrate the requested 22,445
distance learning technology into schools or the selected schools 22,446
or classrooms for the phase of the program. The commission shall 22,447
consider the Interactive Video Distance Learning Pilot 22,448
established in Am. Sub. H.B. 215 of the 122nd General Assembly, 22,449
and the Ohio SchoolNet Telecommunity program in Am. Sub. H.B. 627 22,450
of the 121st General Assembly, in developing the application 22,451
procedures and criteria for the Interactive Distance Learning 22,452
Program. The commission shall give preference to lower wealth 22,453
districts or consortia of such districts that do not have 22,454
existing video teleconferencing technology. 22,455
(6) Up to $1,000,000 in fiscal year 2000 shall be used for 22,457
the INFOhio Network of library resources to support the provision 22,458
of library catalog automation software to elementary school 22,459
libraries to share building, school district, and public library 22,460
resources. In determining the distribution of these moneys, 22,461
INFOhio shall give consideration to the relative property wealth 22,462
of the districts applying for assistance and may reduce the 22,463
amount of assistance to any district if that district has 22,464
received moneys awarded under the federal Library Services and 22,465
Technology Act.
(B)(1) Not later than November 30, 1999, the Executive 22,467
Director of the Ohio SchoolNet Commission shall allocate to 22,468
school districts pursuant to division (B)(2) of this section the 22,469
amount authorized under division (A)(2) of this section. A 22,470
school district's allocation shall remain available until the 22,471
471
district is ready to use it, and the school district may use its 22,472
allocation in phases. A school district may use a portion of its 22,473
allocation for training and staff development related to the 22,474
project if approved by the Ohio SchoolNet Commission under 22,475
division (C) of this section.
(2) The commission shall allocate total subsidy amounts to 22,477
qualifying school districts as follows: 22,478
(a) In the case of qualifying school districts with 22,480
taxable value per pupil equal to or less than the statewide 22,481
median district taxable value per pupil or qualifying school 22,482
districts with a formula ADM of less than 150, the per pupil 22,483
subsidy shall be $500.
(b) In the case of qualifying school districts with 22,485
taxable value per pupil greater than the statewide median 22,486
district taxable value per pupil, but less than $200,000 per 22,487
pupil, the per pupil subsidy shall be $500 minus the amount 22,488
yielded by the following formula:
$500 multiplied by [(district's taxable value per pupil 22,490
minus statewide median district taxable value per pupil) divided 22,491
by (200,000 minus statewide median district taxable value per 22,492
pupil)<
(3) As used in division (B)(2) of this section: 22,494
(a) "District's taxable value per pupil" and "state 22,496
taxable value per pupil" have the same meanings as in section 22,497
3317.0215 of the Revised Code. 22,498
(b) "Total subsidy" means per pupil subsidy as determined 22,500
under division (B)(2)(a) or (b) of this section multiplied by the 22,501
number of fifth grade students reported by the qualifying school 22,502
district under division (A) of section 3317.03 of the Revised 22,503
Code.
(c) "Formula ADM" has the same meaning as in section 22,505
3317.02 of the Revised Code. 22,506
(C) The Ohio SchoolNet Commission shall adopt procedures 22,508
for the administration and implementation of the SchoolNet Plus 22,509
472
Program. The procedures shall include application procedures, 22,510
specifications for education technology, and terms and conditions 22,511
for participation in the program. The commission shall not 22,512
approve any application for participation in the program unless 22,513
it has determined that the applicant can effectively and 22,514
efficiently integrate the requested education technology into 22,515
schools or the selected schools or classrooms for the phase of 22,516
the program.
(D) Educational technology made available to school 22,518
districts under division (B) of this section shall be used as an 22,519
integrated part of the curriculum in fifth grade classrooms. 22,520
However, if the commission determines that a school district 22,521
already has at least one interactive computer workstation for 22,522
each five children enrolled in the fifth grade, and the district 22,523
meets other minimum requirements that may be established by the 22,524
commission concerning staff training and other education 22,525
technology for such grades, the commission may permit the school 22,526
district to use educational technology made available to it 22,527
through the SchoolNet Plus Program for children in grades six 22,528
through twelve. Any funds not allocated by the commission in 22,529
division (B) of this section shall be allocated as a first 22,530
priority to community schools as established under Chapter 3314. 22,531
of the Revised Code. The commission shall develop community 22,532
schools application procedures, specifications for education 22,533
technology, and terms and conditions for participation in the 22,534
program. The commission shall not approve any application for 22,535
participation in the program unless it has determined that the 22,536
applicant can effectively and efficiently integrate the requested 22,537
education technology into schools or the selected schools or 22,538
classrooms for the phase of the program.
(E) As used in this section: 22,540
(1) "Qualifying school district" means any city, local, or 22,542
exempted village school district. 22,543
(2) "Educational technology" includes, but is not limited 22,545
473
to, project-related computer hardware, equipment, training, and 22,546
services; equipment used for two-way audio or video; software; 22,547
and textbooks. 22,548
(F) Within thirty days of the effective date of this 22,550
section, the Director of Budget and Management shall transfer any 22,551
unencumbered and unallotted balance in appropriation item 22,552
228-698, SchoolNet Plus, for fiscal year 1999 to appropriation 22,553
item 228-698, SchoolNet Plus, for fiscal year 2000. The amount 22,554
so transferred is hereby appropriated. The foregoing transfer 22,555
item is discretionary funding for the Ohio SchoolNet Commission 22,556
as provided in paragraph two of division (L) of Section 45.36 of 22,557
Am. S.B. 230 of the 121st General Assembly, which permits the use 22,558
of these discretionary moneys for planning, development, 22,559
demonstration projects, and other commission-related activities. 22,560
All appropriations that are unencumbered and unallotted in 22,561
appropriation item 228-698, SchoolNet Plus, as of June 30, 2000, 22,562
are hereby appropriated for the same purpose in fiscal year 2001 22,563
upon the request of the Executive Director of the Ohio SchoolNet 22,564
Commission and the approval of the Director of Budget and 22,565
Management.
Section 11.01. Technical and Instructional Professional 22,567
Development
The foregoing appropriation item 228-406, Technical and 22,569
Instructional Professional Development, shall be used by the Ohio 22,571
SchoolNet Commission, to make grants to qualifying schools,
including the State School for the Blind and the Ohio School for 22,573
the Deaf for the provision of hardware, software, 22,574
telecommunications services, and staff development to support 22,575
educational uses of technology in the classroom. 22,576
The Ohio SchoolNet Commission shall consider the 22,578
professional development needs associated with the OhioReads 22,579
Program when making funding allocations and program decisions. 22,580
The Ohio Educational Telecommunications Network Commission, 22,582
with the advice of the Ohio SchoolNet Commission, shall make 22,583
474
grants totaling up to $1,400,000 in each year of the biennium for 22,585
research development and production of interactive instructional 22,586
programming series and teleconferences to support SchoolNet. Up 22,587
to $50,000 of this amount shall be used in each year of the 22,588
biennium to provide for the administration of these activities by 22,589
the Ohio Educational Telecommunications Network Commission. The 22,590
programming shall be targeted to the needs of the poorest 200 22,591
school districts as determined by the district's adjusted 22,592
valuation per pupil as defined in section 3317.0213 of the 22,593
Revised Code.
Of the foregoing appropriation item 228-406, Technical and 22,595
Instructional Professional Development, $3,300,000 in each fiscal 22,596
year shall be distributed by the Ohio SchoolNet Commission to 22,598
low-wealth districts or consortia including low-wealth school 22,599
districts, as determined by the district's adjusted valuation per 22,601
pupil as defined in section 3317.0213 of the Revised Code, or the 22,602
State School for the Blind or the Ohio School for the Deaf. 22,603
The remaining appropriation allocated under this section 22,605
shall be used by the Ohio SchoolNet Commission for professional 22,606
development for teachers and administrators for the use of 22,607
educational technology. The commission shall make grants to 22,608
provide technical assistance and professional development on the 22,609
use of educational technology to school districts. 22,610
Eligible recipients of grants include regional training 22,612
centers, county offices of education, data collection sites, 22,613
instructional technology centers, institutions of higher 22,614
education, public television stations, special education resource 22,616
centers, area media centers, or other nonprofit educational 22,617
organizations. Services provided through these grants may 22,618
include use of private entities subcontracting through the grant 22,619
recipient.
Grants shall be made to entities on a contractual basis 22,621
with the Ohio SchoolNet Commission. Contracts shall include 22,623
provisions that demonstrate how services will benefit technology 22,624
475
use in the schools, and in particular will support SchoolNet 22,625
efforts to support technology in the schools. Contracts shall 22,626
specify the scope of assistance being offered and the potential 22,627
number of professionals who will be served. Contracting entities 22,628
may be awarded more than one grant at a time. 22,629
Grants shall be awarded in a manner consistent with the 22,631
goals of SchoolNet. Special emphasis in the award of grants 22,632
shall be placed on collaborative efforts among service providers. 22,633
Application for grants from this appropriation shall be 22,635
consistent with a school district's technology plan that shall 22,636
meet the minimum specifications for school district technology 22,637
plans as prescribed by the Ohio SchoolNet Commission. Funds 22,638
allocated through these grants may be combined with funds 22,639
received through other state or federal grants for technology as 22,640
long as the school district's technology plan specifies the use 22,641
of these funds. The commission may combine the application for 22,642
these grants with the SchoolNet application process authorized in 22,644
Am. Sub. H.B. 790 of the 120th General Assembly.
Education Technology 22,646
The foregoing appropriation item 228-539, Education 22,648
Technology, shall be used to provide funding to suppliers of 22,649
information services to school districts for the provision of 22,650
hardware, software, and staff development in support of 22,651
educational uses of technology in the classroom as prescribed by 22,652
the State Plan for Technology pursuant to section 3301.07 of the 22,653
Revised Code, and to support assistive technology for children 22,654
and youth with disabilities. 22,655
Up to $5,776,929 in each fiscal year shall be used by the 22,657
Ohio SchoolNet Commission to contract with instructional 22,658
television and $930,492 in fiscal year 2000, and $956,546 in 22,660
fiscal year 2001 shall be used by the commission to contract with 22,661
education media centers to provide Ohio schools with 22,662
instructional resources and services. 22,663
Resources may include, but not be limited to, the 22,665
476
following: pre-recorded video materials (including videotape, 22,666
laser discs, and CD-ROM discs); computer software for student use 22,668
and/or student access to electronic communication, databases, 22,669
spreadsheet, and word processing capability; live student courses 22,670
or courses delivered electronically; automated media systems; and 22,671
instructional and professional development materials for 22,672
teachers. The commission shall cooperate with such agencies in 22,673
the acquisition, development, and delivery of such educational 22,674
resources to ensure high-quality and educational soundness at the 22,675
lowest possible cost. Delivery of such resources may utilize a 22,676
variety of technologies, with preference given to a high-speed 22,677
integrated information network that can transport video, voice, 22,678
data, and graphics simultaneously.
Services shall include presentations and technical 22,680
assistance that will help students and teachers integrate 22,681
educational materials that support curriculum objectives, match 22,682
specific learning styles, and are appropriate for individual 22,683
interests and ability levels. 22,684
Such instructional resources and services shall be made 22,686
available for purchase by chartered nonpublic schools or by 22,687
public school districts for the benefit of pupils attending 22,688
chartered nonpublic schools.
Section 11.02. Interactive Parenting Program 22,690
The foregoing appropriation item 228-559, Interactive 22,692
Parenting Program, shall be used by the Ohio SchoolNet Commission 22,693
to fund a grant to RISE, Inc., as support to train preschool 22,695
staff members and parents.
It is the intent of the General Assembly that the 22,697
commission, in conjunction with RISE, Inc., shall develop a 22,698
program which may be conducted in conjunction with 22,699
state-supported technology programs including, but not limited 22,700
to, SchoolNet appropriation item 228-406, and Education 22,701
Technology appropriation item 228-539, designed to educate 22,702
preschool staff members and providers on developmentally 22,703
477
appropriate teaching methods and to involve parents more closely 22,704
in the education and development of their children. The project 22,705
shall include an interactive instructional program, which shall 22,706
be distributed to program participants at up to twenty-six 22,707
locations throughout the state. The interactive instructional 22,708
program shall be developed to enhance the professional 22,709
development, training, and performance of preschool staff 22,710
members; the education and care-giving skills of the parents of 22,711
preschool children; and the preparation of preschool-aged 22,712
children for learning.
The project shall utilize the grant to continue a 22,715
direct-service program that shall include at least three 22,716
teleconferences to be distributed by Ohio-based public television 22,717
utilizing satellite or microwave technology in a manner designed 22,718
to promote interactive communications between the program 22,719
participants located at sub-sites within the Ohio Educational 22,720
Broadcast Network or as determined by the commission. Program 22,721
participants shall communicate with trainers and participants at 22,722
other program sites through telecommunications and facsimile and 22,723
on-line computer technology. To the maximum extent possible, the 22,724
project shall utilize systems currently available in 22,725
state-supported technology programs and conduct the program in a 22,726
manner that promotes innovative, interactive communications 22,727
between the program participants at all the sites. Parent 22,728
support groups and teacher training sessions shall supplement the 22,729
teleconferences and shall occur on a local basis.
RISE, Inc., may subcontract components of the project. 22,731
Individuals eligible to participate in the program shall 22,733
include those children, their parents, custodians, or guardians, 22,734
and preschool staff members who are eligible to participate in a 22,735
preschool program as defined in division (A) of section 3301.52 22,736
and section 5104.02 of the Revised Code. 22,737
(A) In addition to the foregoing, up to $600,000 each 22,739
fiscal year may be used by RISE, Inc., to enter into a 22,740
478
competitively bid contract with a not-for-profit entity or 22,741
entities to conduct a series of training programs for adult 22,742
volunteers who work with adolescent youths in after school 22,743
mentoring programs, including youth-serving organizations such as 22,744
Boy Scouts, Girl Scouts, Big Brothers, Big Sisters, 4-H, and 22,745
public school mentor programs. The series of programs shall be 22,746
designed to:
(1) Improve the quality and effectiveness of adult 22,748
volunteers so that they would sustain their involvement with 22,749
youths over time. Specifically, the adult volunteers would 22,750
improve their ability to motivate, supervise, and communicate 22,752
with young people.
(2) Improve the quality and effectiveness of adult 22,754
volunteers so that the children they mentor, coach, teach, or 22,755
befriend would sustain their involvement with youth-serving 22,756
organizations over time; 22,757
(3) Encourage collaboration between all Ohio youth-serving 22,760
organizations, including 4-H, Boy Scouts, Girls Scouts, Big 22,761
Brothers, Big Sisters, and others;
(4) Provide cost-efficient, sustainable distance learning 22,764
to both rural and urban sites.
(B) In order to be eligible for the contract with RISE, 22,766
Inc., the program participants shall be able to demonstrate that 22,767
leading national experts in adolescent development intervention 22,768
programs will be utilized and that such program will make use of 22,769
a variety of media to engage participants and assist them in 22,770
learning the goals of the program. The program shall be designed 22,771
to focus on the adult volunteers who assist in youth development. 22,773
Training content shall focus on:
(1) Development issues for youth; 22,775
(2) Best practices to motivate, guide, and communicate 22,778
with these youths;
(3) Strategies for successful adult-to-adult interpersonal 22,781
relationships that are necessary for ongoing learning and 22,782
479
support.
The program may include: two broadcast seminars of three 22,784
hours in length from a central up-link station, distributed in up 22,785
to 88 counties; corporate settings and extension offices with 22,786
on-site facilitated discussion and exercises; high 22,787
production-value video sought in various locations; and direct 22,788
interactive adult learning activities. The program shall develop 22,789
program workbooks. The program shall also involve at least three 22,790
small group facilitated follow-up discussion workshops and 22,791
development and distribution of at least two home videos. The 22,792
program shall also provide Internet access, interactive lines, 22,793
bulletin board, and CD-ROM. 22,794
Upon completion of each of the school years for which the 22,796
grant was made, RISE, Inc., shall issue a report to the 22,797
commission and the members of the General Assembly explaining the 22,798
goals and objectives determined, the activities implemented, the 22,799
progress made toward the achievement of the goals and objectives, 22,800
and the outcome of the project. 22,801
Distance Learning 22,803
Appropriation item 228-634, Distance Learning, shall be 22,805
distributed by the Ohio SchoolNet Commission on a grant basis to 22,806
eligible school districts to establish "distance learning" in the 22,807
school district. Per the agreement with Ameritech, school 22,808
districts are eligible for funds if they are within an Ameritech 22,809
service area. Funds to administer the program shall be expended 22,810
by the commission up to the amount specified in the agreement 22,811
with Ameritech. 22,812
Within 30 days of the effective date of this section, the 22,814
Director of Budget and Management shall transfer from fund 4XI in 22,816
the State Special Revenue Fund Group any investment earnings from 22,817
moneys paid to the office or to the SchoolNet Commission by any 22,818
telephone company as part of a settlement agreement between the 22,819
company and the Public Utilities Commission in fiscal year 1995. 22,820
Electrical Infrastructure 22,822
480
The unencumbered and unallotted balances of June 30, 1999, 22,824
in appropriation item 228-690, SchoolNet Electrical 22,825
Infrastructure, are hereby reappropriated to fund projects 22,826
pursuant to this section. The foregoing appropriation item may
be distributed by the Ohio SchoolNet Commission for use by school 22,827
districts to renovate existing buildings with sufficient 22,828
electrical service to safely operate educational technology 22,829
consistent with their SchoolNet and SchoolNet Plus technology 22,830
plans. The Executive Director of the Ohio SchoolNet Commission
shall review grant proposals from school districts for the use of 22,831
these funds. In evaluating grant proposals, the executive 22,832
director shall consider the ability and commitment of school 22,833
districts to contribute local public and private resources to 22,834
upgrade their electrical service and shall give consideration to 22,835
consortia of school districts that have formed to optimize
resources to upgrade electrical service. In no case shall grant 22,836
awards exceed $1,000,000 for a single school district. Funding 22,837
recommendations for this appropriation made by the executive 22,838
director are subject to the review of the Ohio SchoolNet 22,839
Commission.
Section 12. SCR STATE BOARD OF PROPRIETARY SCHOOL 22,841
REGISTRATION 22,842
General Revenue Fund 22,844
GRF 233-100 Personal Services $ 377,366 $ 386,822 22,849
GRF 233-200 Maintenance $ 104,158 $ 107,075 22,853
GRF 233-300 Equipment $ 5,000 $ 5,000 22,857
TOTAL GRF General Revenue Fund $ 486,524 $ 498,897 22,860
TOTAL ALL BUDGET FUND GROUPS $ 486,524 $ 498,897 22,863
Section 13. TTA OHIO TUITION TRUST AUTHORITY 22,866
State Special Revenue Fund Group 22,868
645 095-601 Operating Expenses $ 3,856,585 $ 4,126,546 22,873
TOTAL SSR State Special Revenue 22,874
Fund Group $ 3,856,585 $ 4,126,546 22,877
TOTAL ALL BUDGET FUND GROUPS $ 3,856,585 $ 4,126,546 22,880
481
Operating Expenses 22,883
The foregoing appropriation item 095-601, Operating 22,885
Expenses, shall be used to pay the operating expenses of the Ohio 22,886
Tuition Trust Authority. 22,887
Of the foregoing appropriation item 095-601, Operating 22,889
Expenses, up to $30,000 over the biennium shall be used by the 22,890
Auditor of State to complete a performance audit of the Tuition 22,891
Trust Authority.
Section 14. Property Tax Allocation - Education 22,893
The appropriation item 200-901, Property Tax Allocation - 22,894
Education, made to the Department of Education, is appropriated 22,895
to pay for the state's costs incurred due to the homestead 22,896
exemption and the property tax rollback. In cooperation with the 22,897
Department of Taxation, the Department of Education shall
distribute these funds directly to the appropriate school 22,898
districts of the state, notwithstanding the provisions in 22,899
sections 321.24 and 323.156 of the Revised Code, which provide 22,900
for payment of the homestead exemption and property tax rollback 22,901
by the Tax Commissioner to the appropriate county treasurer and 22,902
the subsequent redistribution of these funds to the appropriate
local taxing districts by the county auditor. 22,903
The appropriation item 200-906, Tangible Tax Exemption - 22,905
Education, made to the Department of Education, is appropriated 22,906
to pay for the state's costs incurred due to the tangible 22,907
personal property tax exemption required by division (C)(3) of 22,908
section 5709.01 of the Revised Code. In cooperation with the 22,909
Department of Taxation, the Department of Education shall
distribute to each county treasurer the total amount certified by 22,910
the county treasurer pursuant to section 319.311 of the Revised 22,911
Code, for all school districts located in the county, 22,912
notwithstanding the provision in section 319.311 of the Revised 22,913
Code which provides for payment of the $10,000 tangible personal 22,914
property tax exemption by the Tax Commissioner to the appropriate 22,915
county treasurer for all local taxing districts located in the 22,916
482
county. Pursuant to division (G) of section 321.24 of the 22,917
Revised Code, the county auditor shall distribute the amount paid
by the Department of Education among the appropriate school 22,919
districts.
Upon receipt of these amounts, each school district shall 22,921
distribute the amount among the proper funds as if it had been 22,922
paid as real or tangible personal property taxes. Payments for 22,923
the costs of administration shall continue to be paid to the 22,924
county treasurer and county auditor as provided for in sections 22,925
319.54, 321.26, and 323.156 of the Revised Code.
Any sums, in addition to the amounts specifically 22,927
appropriated in appropriation items 200-901, Property Tax 22,929
Allocation - Education, for the homestead exemption and the 22,930
property tax rollback payments, and 200-906, Tangible Tax
Exemption - Education, for the $10,000 tangible personal property 22,931
tax exemption payments, which are determined to be necessary for 22,932
these purposes, are hereby appropriated. 22,933
Section 15. Personal Service Expenses 22,935
Unless otherwise prohibited by law, each appropriation in 22,937
this act from which personal service expenses are paid shall bear 22,938
the employer's share of public employees' retirement, workers' 22,939
compensation, disabled workers' relief, and all group insurance 22,940
programs; the costs of centralized accounting, centralized 22,941
payroll processing, and related personnel reports and services; 22,942
the cost of the Office of Collective Bargaining; the cost of the 22,943
Personnel Board of Review; the cost of the Employee Assistance 22,944
Program; the cost of the Equal Opportunity Center; the costs of 22,945
interagency management infrastructure and the cost of 22,947
administering the state employee merit system as required by
section 124.07 of the Revised Code. Such costs shall be 22,948
determined in conformity with appropriate sections of law and 22,949
paid in accordance with procedures specified by the Office of 22,950
Budget and Management. 22,951
Section 16. Satisfaction of Judgments and Settlements 22,953
483
Against the State 22,954
An appropriation contained in this act may be used for the 22,956
purpose of satisfying judgments or settlements in connection with 22,957
civil actions against the state in federal court not barred by 22,958
sovereign immunity or the Eleventh Amendment to the Constitution 22,959
of the United States, or for the purpose of satisfying judgments, 22,960
settlements, or administrative awards ordered or approved by the 22,961
Court of Claims in connection with civil actions against the
state, pursuant to section 2743.15, 2743.19, or 2743.191 of the 22,962
Revised Code. This authorization shall not apply to 22,963
appropriations to be applied to or used for payment of guarantees 22,964
by or on behalf of the state, for or relating to lease payments 22,965
or debt service on bonds, notes, or similar obligations and those 22,966
from the School Building Program Assistance Fund (Fund 032), and
any other fund into which proceeds of obligations are deposited. 22,968
Nothing contained in this section is intended to subject the
state to suit in any forum in which it is not otherwise subject 22,969
to suit, nor is it intended to waive or compromise any defense or 22,970
right available to the state in any suit against it. 22,971
Section 17. (A) As used in this section: 22,973
(1) "FY 1999 state aid" means the total amount of state 22,975
money received by a joint vocational school district under the 22,976
version of sections 3317.16 and 3317.162 of the Revised Code in 22,977
effect for that fiscal year, minus the amounts paid for driver 22,978
education and adult education.
(2) "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 22,981
state aid" mean the total amount of state money received by a 22,982
joint vocational school district in the applicable fiscal year 22,983
under divisions (B) to (D) of the version of section 3317.16 of 22,985
the Revised Code in effect for the applicable fiscal year and 22,986
division (R) of the version of section 3317.024 of the Revised 22,987
Code in effect for the applicable fiscal year.
(3) "FY 2000 actual aid" and "FY 2001 actual aid" mean the 22,990
amount of state aid described in division (A)(2) of this section 22,991
484
that was actually paid to a joint vocational school district in 22,992
the applicable fiscal year after the application of division (B) 22,993
or (C) of this section. 22,994
(4) "Formula ADM" has the same meaning as in section 22,996
3317.02 of the Revised Code. 22,997
(5) "FY 1999 ADM" means the average daily membership 22,999
certified by the joint vocational school district for fiscal year 23,001
1999 under division (D) of the version of section 3317.03 of the 23,002
Revised Code in effect for that year. 23,003
(B) In fiscal year 2000, notwithstanding any provision of 23,005
law to the contrary, no joint vocational school district shall 23,006
receive FY 2000 state aid that is more than the greater of the 23,007
following:
(1) 110.5% of its FY 1999 state aid; 23,009
(2) [1.085 X (FY 1999 state aid/FY 1999 ADM)< X fiscal 23,012
year 2000 formula ADM. 23,014
If a joint vocational school district's projected FY 2000 23,016
state aid is more than the greater of division (B)(1) or (2) of 23,017
this section, the district shall receive only the greater of 23,018
division (B)(1) or (2) of this section in fiscal year 2000. 23,019
(C) In fiscal year 2001, notwithstanding any provision of 23,021
law to the contrary, no joint vocational school district shall 23,022
receive FY 2001 state aid that is more than the greater of the 23,023
following:
(1) 111% of its FY 2000 actual aid; 23,025
(2) [1.09 X (FY 2000 actual aid/fiscal year 2000 formula 23,027
ADM)< X fiscal year 2001 formula ADM. 23,029
If a joint vocational school district's projected FY 2001 23,031
state aid is more than the greater of division (C)(1) or (2) of 23,032
this section, the district shall receive only the greater of 23,033
division (C)(1) or (2) of this section in fiscal year 2001. 23,034
(D) In fiscal year 2002, notwithstanding any provision of 23,036
law to the contrary, no joint vocational school district shall 23,037
receive FY 2002 state aid that is more than the greater of the 23,038
485
following:
(1) 110% of its FY 2001 state aid; 23,040
(2) [1.06 X (FY 2001 actual aid/fiscal year 2001 formula 23,042
ADM)< X fiscal year 2002 formula ADM. 23,044
If a joint vocational school district's projected FY 2002 23,046
state aid is more than the greater of division (D)(1) or (2) of 23,047
this section, the district shall receive only the greater of 23,048
division (D)(1) or (2) of this section in fiscal year 2002. 23,049
Section 18. Lease Payments to OPFC, OBA, and Treasurer 23,051
Certain appropriations are in this act for the purpose of 23,053
lease payments to the Ohio Public Facilities Commission, to the 23,055
Ohio Building Authority, and to the Treasurer of State for the
purpose of paying principal and interest on bonds or notes issued 23,058
by the Ohio Public Facilities Commission, the Ohio Building 23,059
Authority, or the Treasurer of State pursuant to the Ohio 23,062
Constitution and acts of the General Assembly. If it is
determined that additional appropriations are necessary for this 23,063
purpose, such amounts are hereby appropriated. 23,064
Section 19. That Section 45.32 of Am. Sub. H.B. 117 of the 23,066
121st General Assembly, as amended by Am. Sub. H.B. 215 and Am. 23,067
Sub. H.B. 770 of the 122nd General Assembly, be amended to read 23,069
as follows:
"Sec. 45.32. (A) As used in this section: 23,071
(1) A "client district" of an educational service center 23,073
means a city or exempted village school district that has entered 23,074
into an agreement with that service center pursuant to section 23,075
3313.843 of the Revised Code. 23,076
"CLIENT DISTRICT" ALSO INCLUDES ANY CITY OR EXEMPTED 23,078
VILLAGE SCHOOL DISTRICT THAT HAS ENTERED INTO AN AGREEMENT WITH 23,080
THE EDUCATIONAL SERVICE CENTER UNDER SECTION 3313.843 OF THE 23,081
REVISED CODE AND REIMBURSES THE EDUCATIONAL SERVICE CENTER UNDER
SECTION 3317.11 OF THE REVISED CODE EVEN THOUGH SUCH AGREEMENT 23,082
WAS EXECUTED AFTER JANUARY 1, 1997, AND THE EDUCATIONAL SERVICE 23,083
CENTER DOES NOT RECEIVE ANY STATE FUNDING UNDER DIVISION (B)(1) 23,084
486
OR (C) OF SECTION 3317.11 OF THE REVISED CODE. 23,085
(2) "ADM" means the combined ADM of the local school 23,087
districts having territory in a service center and the ADM of 23,089
each client district of such center. 23,090
(B) By June 1, 1997, in the case of any educational 23,092
service centers that are serving only one local district pursuant 23,094
to section 3311.051 of the Revised Code; AND except as otherwise 23,095
provided in division (C) of this section, by June 1, 1999, in the 23,097
case of any service centers with ADMs of less than 8,000 that 23,098
serve fewer than six local or client school districts; and by
June 1, 2000, in the case of any educational service centers with 23,100
ADMs of less than 8,000 that serve six or more local or client 23,102
school districts, the superintendents of such service centers 23,103
shall notify the Superintendent of Public Instruction of the name 23,105
of one or more adjacent educational service centers with which 23,106
such service centers will merge to form joint service centers.
If the Superintendent does not receive such notification from a 23,107
center serving only one local district or serving an ADM of less 23,108
than 8,000 by the required date, the Superintendent shall 23,109
determine one or more suitable adjacent centers for such merger 23,110
and shall notify the superintendents and governing boards of all 23,111
centers involved of the determination. The centers named in the 23,112
notification required by this section or determined by the 23,113
Superintendent of Public Instruction pursuant to this section 23,114
shall form a joint center pursuant to section 3311.053 of the 23,115
Revised Code, which shall be effective on the first day of July 23,116
immediately following notification by the service center, or by 23,117
the Superintendent of Public Instruction, whichever applies. 23,118
(C) Any educational service center created on or before 23,121
July 1, 1997, under a merger of two educational service centers 23,122
pursuant to Section 45.32 of Am. Sub. H.B. 117 of the 121st 23,123
General Assembly, which service centers each contained only one 23,124
local school district at the time of the merger shall comply with 23,126
division (B) of this section by June 1, 2000 JULY 1, 2001." 23,127
487
Section 20. That existing Section 45.32 of Am. Sub. H.B. 23,129
117 of the 121st General Assembly, as amended by Am. Sub. H.B. 23,130
215 and Am. Sub. H.B. 770 of the 122nd General Assembly, is 23,131
hereby repealed. 23,132
Section 21. That Section 50.52.2 of Am. Sub. H.B. 215 of 23,134
the 122nd General Assembly be amended to read as follows: 23,135
"Sec. 50.52.2. (A) As used in this section: 23,137
(1) "Lucas County area" includes the entire territory of 23,140
any school district having the majority of its territory in Lucas 23,141
County.
(2) "Start-up school" means a community school other than 23,143
one created by converting all or part of an existing public 23,144
school, as designated in the school's contract pursuant to 23,145
division (P) of Subsection 5 of this section. 23,146
(B) The General Assembly finds that the establishment of 23,148
independent community schools throughout the state has potential 23,149
desirable effects, including providing parents a choice of 23,150
academic environments for their children and providing the 23,151
education community with the opportunity to establish limited 23,152
experimental educational programs in a deregulated setting. 23,153
However, the potential effects of a statewide system of community 23,155
schools could also generate some adverse results. Therefore, the 23,156
General Assembly finds it advisable to establish a pilot project 23,157
in the Lucas County area which will permit the operation of 23,158
community schools in a limited area of the state in order to 23,159
provide for the evaluation and measurement of the effects of 23,160
these schools.
No more than twenty start-up school contracts may be in 23,163
effect at any time under this section. The Superintendent of the 23,165
Lucas County Educational Service Center shall be responsible for 23,166
ensuring that the twenty start-up schools represent diverse
educational missions, are intended to serve a number of different 23,168
grade levels, and will appeal to students with a variety of 23,169
interests or characteristics in order to provide for a range of 23,170
488
educational experiments within the pilot project schools. Upon 23,171
entering into a preliminary agreement pursuant to Subsection 4 of 23,172
this section, the potential sponsor of a community school shall 23,173
file a copy of the preliminary agreement with the Superintendent 23,174
of the Lucas County Educational Service Center. Within 23,175
twenty-four hours of receipt of the preliminary agreement for a 23,176
start-up school, the Superintendent shall determine whether the 23,177
proposed school will add to the diversity of the pilot project 23,178
schools through offering a unique educational mission, serving 23,179
grade levels of students or students with certain characteristics 23,180
or interests not yet being served by other community schools, or 23,181
offering innovative instructional methods. If the school will 23,182
not add to the diversity of the pilot project schools and would 23,183
be overserving students of a certain type or grade level, the 23,184
Superintendent may reject the school's preliminary agreement and 23,185
shall immediately notify the sponsor and the proposing group or 23,186
individual. Upon entering into a community school contract, the 23,188
sponsor shall file a copy of the approved contract with that 23,189
Superintendent. Within twenty-four hours of the filing of the 23,190
contract, the Superintendent shall notify the sponsor whether 23,191
twenty start-up school contracts were already in effect at the 23,192
time of the filing. If twenty such contracts were in effect, the 23,193
contract filed by the sponsor shall be voided. 23,194
Within twenty-four hours of a request of any person, the 23,196
Superintendent shall indicate the number of preliminary 23,197
agreements for start-up schools currently outstanding and the 23,198
number of contracts currently in effect. 23,199
(C) No start-up or converted community school shall begin 23,201
operation under this section after June 30, 2000. 23,202
(D) Not later than September 28, 1997, the Director of the 23,204
Legislative Office of Education Oversight, in consultation with 23,205
the Superintendent of the Lucas County Educational Service 23,206
Center, a classroom teacher appointed by the board of the Ohio 23,207
Education Association, a classroom teacher appointed by the board 23,208
489
of the Ohio Federation of Teachers, and a classroom teacher who 23,209
is a member of neither of these organizations selected by that 23,210
Superintendent, shall develop a study design for the evaluation 23,211
of the pilot project COMMUNITY schools and the overall effects of 23,213
the community school pilot project SCHOOLS. The study design 23,214
shall include the criteria that the Office will use to determine 23,215
the positive and negative effects of the project SCHOOLS overall, 23,216
and the success or failure of individual community schools. The 23,218
design shall include a description of the data that must be 23,219
collected by the Superintendent and by each community school and 23,220
sponsor and a timeline for the collection of the data. The 23,221
director shall adapt the study design prepared under this 23,222
subsection for use in evaluating community schools established 23,223
under Chapter 3314. of the Revised Code, as well as the Lucas 23,224
County pilot project community schools. The office shall notify 23,225
each community school of the data that must be collected and the 23,226
timeline for collection of the data. Data shall be collected at 23,227
regular intervals, but no evaluation of the results of data 23,228
collected shall be made by the Office prior to June 2001. A 23,229
preliminary report, together with any recommendations to improve 23,230
community schools, shall be issued to the Speaker of the House of 23,231
Representatives and the President of the Senate by June 30, 2001. 23,232
A final report, with recommendations as to the future of 23,233
community schools in Ohio, shall be made to the Speaker and 23,234
President by June 1, 2003."
Section 22. That existing Section 50.52.2 of Am. Sub. H.B. 23,236
215 of the 122nd General Assembly is hereby repealed. 23,237
Section 23. That Section 18 of Am. Sub. H.B. 650 of the 23,239
122nd General Assembly, as most recently amended by Am. Sub. H.B. 23,240
850 of the 122nd General Assembly, be amended to read as follows: 23,241
"Sec. 18. (A) As used in this section: 23,243
(1) "FY 1998 state aid" means the total amount of state 23,245
money received by a school district for fiscal year 1998 as 23,247
reported on the Department of Education's form "SF-12," adjusted 23,248
490
as follows: 23,249
(a) Minus any amounts for approved preschool handicapped 23,252
units;
(b) Minus any additional amount attributable to the 23,255
reappraisal guarantee of division (C) of section 3317.04 of the 23,256
Revised Code;
(c) Plus the amount deducted for payments to an 23,258
educational service center; 23,259
(d) Plus an estimated portion of the state money 23,261
distributed in fiscal year 1998 to other school districts or 23,262
educational service centers for approved units, other than 23,263
preschool handicapped or gifted education units, attributable to 23,264
the costs of providing services in those units to students 23,265
entitled to attend school in the district; 23,266
(e) Minus an estimated portion of the state money 23,268
distributed to the school district in fiscal year 1998 for 23,269
approved units, other than preschool handicapped units or gifted 23,270
education units, attributable to the costs of providing services 23,271
in those units to students entitled to attend school in another 23,272
school district; 23,273
(f) Plus any additional amount paid pursuant to the 23,276
vocational education recomputation required by former Section 23,277
50.22 of Am. Sub. H.B. No. 215 of the 122nd General Assembly; 23,279
(g) Plus any additional amount paid pursuant to the 23,282
special education recomputation required by former division (I) 23,283
of section 3317.023 of the Revised Code; 23,284
(h) Plus any amount paid for equity aid under section 23,287
3317.0213 of the Revised Code;
(i) Plus any amount received for that year pursuant to 23,289
section 3317.027 of the Revised Code; 23,290
(j) Plus any amount received for that year pursuant to a 23,292
recomputation made under division (B) of section 3317.022 of the 23,293
Revised Code, AS THAT SECTION EXISTED IN THAT YEAR. 23,294
(2) "FY 1999 state aid," MEANS "FY 1999 STATE AID" AS 23,297
491
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 23,302
state aid" mean the total amount of state money a school district 23,303
is eligible to receive for the applicable fiscal year under 23,304
divisions (A), (B), (C)(1) AND (5), and (D), AND (E) of section 23,306
3317.022 and sections 3317.025, 3317.027, 3317.029, 3317.0212, 23,308
and 3317.0213 of the Revised Code, plus any amount for which the 23,309
district is eligible pursuant to division (C) of section 23,311
3317.023, divisions (G) and, (P), AND (R) of section 3317.024, 23,314
and THE SUPPLEMENTAL UNIT ALLOWANCE PAID FOR GIFTED UNITS UNDER 23,315
division (B) of section 3317.162 of the Revised Code, and prior 23,316
to any deductions or credits required by division (B), (D), (E), 23,317
(F), (G), (H), (I), (J), or (K), OR (L) of section 3317.023 or 23,319
division (J) of section 3317.029 of the Revised Code. 23,320
(3)(4) "ADJUSTED FY 1999 actual aid," MEANS FY 1999 STATE 23,323
AID THAT WAS ACTUALLY PAID TO A SCHOOL DISTRICT AFTER THE 23,324
APPLICATION OF DIVISION (B) OF THIS SECTION, PLUS AN APPROPRIATE 23,325
PROPORTION, AS DETERMINED BY THE DEPARTMENT OF EDUCATION, OF THE 23,326
AMOUNT RECEIVED BY THE SCHOOL DISTRICT IN FISCAL YEAR 1999 FROM
THE VOCATIONAL EDUCATION SET-ASIDE, AS DEFINED IN SECTION 23,327
3317.0212 OF THE REVISED CODE AND ATTRIBUTABLE TO THE DISTRICT'S 23,328
STUDENTS.
(5) "FY 2000 actual aid," AND "FY 2001 actual aid," and 23,333
"FY 2002 actual aid" means MEAN the amount of the state aid 23,334
described in division (A)(2)(3) of this section that was actually 23,336
paid to a school district in the applicable fiscal year after the 23,338
application of divisions (B)(C) to (E) of this section.
(4)(6) "FY 1998 ADM," "formula ADM," and "three-year 23,341
average formula ADM" have the meanings prescribed in section 23,342
3317.02 of the Revised Code. 23,343
(5)(7) "All-day kindergarten" has the meaning prescribed 23,345
in section 3317.029 of the Revised Code. 23,346
(8) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 23,348
492
VILLAGE SCHOOL DISTRICT. 23,349
(B) In fiscal year 1999, notwithstanding any provision of 23,352
law to the contrary, no school district shall receive FY 1999
state aid that is more than the greater of the following: 23,354
(1) 110 per cent of FY 1998 state aid; 23,356
(2) [1.06 X (FY 1998 state aid/FY 1998 ADM)< X the greater 23,359
of fiscal year 1999 formula ADM or three-year average formula 23,360
ADM.
If a district's projected FY 1999 state aid is more than 23,362
the greater of division (B)(1) or (2) of this section, such 23,364
district shall receive only the greater of division (B)(1) or (2) 23,366
of this section in fiscal year 1999. 23,367
(C) In fiscal year 2000, notwithstanding any provision of 23,370
law to the contrary, no school district shall receive FY 2000
state aid that is more than the greater of the following: 23,371
(1) 110 110.5 per cent of ADJUSTED FY 1999 actual aid; 23,374
(2) [1.06 1.085 X (ADJUSTED FY 1999 actual aid/fiscal year 23,377
1999 formula ADM)< X the greater of fiscal year 2000 formula ADM 23,380
or three-year average formula ADM.
If a district's projected FY 2000 state aid is more than 23,382
the greater of division (C)(1) or (2) of this section, such 23,383
district shall receive only the greater of division (C)(1) or (2) 23,385
of this section in fiscal year 2000. 23,386
(D) In fiscal year 2001, notwithstanding any provision of 23,389
law to the contrary, no school district shall receive FY 2001
state aid that is more than the greater of the following: 23,390
(1) 110 111 per cent of FY 2000 actual aid; 23,393
(2) [1.06 1.09 X (FY 2000 actual aid/fiscal year 2000 23,396
formula ADM)< X the greater of fiscal year 2001 formula ADM or 23,398
three-year average formula ADM.
If a district's projected FY 2001 state aid is more than 23,400
the greater of division (D)(1) or (2) of this section, such 23,402
district shall receive only the greater of division (D)(1) or (2) 23,405
of this section in fiscal year 2001.
493
(E) In fiscal year 2002, notwithstanding any provision of 23,408
law to the contrary, no school district shall receive FY 2002
state aid that is more than the greater of the following: 23,409
(1) 110 per cent of FY 2001 actual aid; 23,412
(2) [1.06 X (FY 2001 actual aid/fiscal year 2001 formula 23,416
ADM)< X the greater of fiscal year 2002 formula ADM or three-year 23,417
average formula ADM.
If a district's projected FY 2002 state aid is more than 23,419
the greater of division (E)(1) or (2) of this section, such 23,421
district shall receive only the greater of division (E)(1) or (2) 23,423
of this section in fiscal year 2002. 23,424
(F) This division and division (G) of this section apply 23,426
only to districts subject to division (F) of section 3317.029 of 23,427
the Revised Code AND ONLY UNTIL JULY 1, 2002. As used in this 23,430
division and division (G) of this section:
(1) "Capped district" means a district that pursuant to 23,432
division (B), (C), (D), or (E) of this section will not receive 23,434
the full amount of FY 1999, FY 2000, FY 2001, or FY 2002 state 23,435
aid.
(2) "DPIA funds" means: 23,437
(a) In FY 1998, the amount calculated for the district 23,439
pursuant to division (B) of section 3317.023 of the Revised Code 23,440
as it existed in that fiscal year; 23,441
(b) In any fiscal year after FY 1998, the total amount 23,443
calculated for the district for that fiscal year pursuant to 23,444
section 3317.029 of the Revised Code. 23,445
(3) "Exempt DPIA portion" means: 23,447
(a) In the case of any district other than a capped 23,449
district, an amount equal to zero; 23,450
(b) In the case of a capped district, the amount resulting 23,452
from the application of the following formula: 23,453
(The district's DPIA funds for the year of 23,455
the calculation minus the district's DPIA funds for 23,456
FY 1998) minus (the district's actual aid for the year 23,457
494
of the calculation minus the district's FY 1998 state aid) 23,458
However, if this formula produces a negative number, the 23,460
district's exempt DPIA portion is zero. 23,461
(4) "Required all-day kindergarten" for a district means 23,463
the provision of all-day kindergarten to the number of students 23,464
in the district's kindergarten percentage specified pursuant to 23,465
division (H)(1) of section 3317.029 of the Revised Code. 23,466
(G) Notwithstanding any provision of law to the contrary: 23,468
(1)(a) In the case of any district, the district's DPIA 23,470
funds are hereby deemed to first consist of any disadvantaged 23,472
pupil impact aid calculated for the district for all-day 23,473
kindergarten under division (D) of section 3317.029 of the 23,474
Revised Code, and to next consist of any disadvantaged pupil 23,475
impact aid calculated for the district under divisions (C) and 23,476
(E) of section 3317.029 of the Revised Code. Each EXCEPT AS
PROVIDED IN DIVISION (G)(1)(b) OF THIS SECTION, EACH district 23,478
shall expend whatever funds necessary to ensure provision of its 23,479
required all-day kindergarten. 23,480
(b) NOTWITHSTANDING DIVISIONS (F)(1), (H), AND (J) OF 23,483
SECTION 3317.029 OF THE REVISED CODE, A DISTRICT MAY SERVE A 23,484
LESSER PERCENTAGE OF STUDENTS THAN THE NUMBER INITIALLY CERTIFIED 23,486
IN ITS ALL-DAY KINDERGARTEN PERCENTAGE AS OF THE FIRST DAY OF 23,488
AUGUST OF THE FISCAL YEAR AND MAY RETAIN AND SPEND THE DPIA FUNDS 23,489
IT WOULD HAVE USED TO SERVE THE DIFFERENCE BETWEEN THE INITIAL 23,490
CERTIFIED PERCENTAGE AND SUCH LESSER PERCENTAGE SOLELY FOR THE 23,491
PURPOSE OF MODIFYING OR PURCHASING ADDITIONAL CLASSROOM SPACE 23,492
NECESSARY TO PROVIDE ALL-DAY KINDERGARTEN. A DISTRICT MAY ONLY 23,493
REDUCE ITS CERTIFIED ALL-DAY KINDERGARTEN PERCENTAGE AND SPEND 23,494
THE RESULTANT FUNDS ON MODIFICATION AND PURCHASE OF SPACE WITH 23,495
THE APPROVAL OF THE DEPARTMENT OF EDUCATION. THE DEPARTMENT 23,496
SHALL ONLY APPROVE SUCH USE OF ALL-DAY KINDERGARTEN FUNDS AND THE 23,497
CORRESPONDING REDUCTION OF THE DISTRICT'S CERTIFIED ALL-DAY 23,498
KINDERGARTEN PERCENTAGE IF IT DETERMINES THAT THE DISTRICT CANNOT 23,499
REASONABLY PROVIDE ALL-DAY KINDERGARTEN TO ITS INITIALLY 23,500
495
CERTIFIED PERCENTAGE WITHOUT ADDITIONAL SPACE. 23,501
(2) In FY 1999, a district shall expend for the purposes 23,503
of section 3317.029 of the Revised Code an amount equal to at 23,504
least twenty-five per cent of the resultant derived from 23,506
subtracting the district's exempt DPIA portion from the amount 23,507
calculated for the district under divisions (C) and (E) of 23,508
section 3317.029 of the Revised Code.
(3) In FY 2000, a district shall expend for the purposes 23,510
of section 3317.029 of the Revised Code an amount equal to at 23,511
least fifty per cent of the resultant derived from subtracting 23,513
the district's exempt DPIA portion from the amount calculated for 23,514
the district under divisions (C) and (E) of section 3317.029 of 23,515
the Revised Code. OF THAT AMOUNT: 23,517
(a) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,519
PURPOSES OF DIVISION (F)(2) OF SECTION 3317.029 OF THE REVISED 23,521
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,522
UNDER DIVISION (C) OF THAT SECTION, BEFORE THE APPLICATION OF 23,523
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,524
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,525
REVISED CODE. 23,527
(b) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,529
PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE REVISED 23,531
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,532
UNDER DIVISION (E) OF THAT SECTION, BEFORE THE APPLICATION OF 23,533
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,534
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,536
REVISED CODE. 23,537
(4) In FY 2001, a district shall expend for the purposes 23,539
of section 3317.029 of the Revised Code an amount equal to at 23,540
least seventy-five per cent of the resultant derived from 23,542
subtracting the district's exempt DPIA portion from the amount 23,543
calculated for the district under divisions (C) and (E) of 23,544
section 3317.029 of the Revised Code. OF THAT AMOUNT: 23,546
(a) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,548
496
PURPOSES OF DIVISION (F)(2) OF SECTION 3317.029 OF THE REVISED 23,550
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,551
UNDER DIVISION (C) OF THAT SECTION, BEFORE THE APPLICATION OF 23,552
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,553
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,554
REVISED CODE. 23,556
(b) THE PERCENTAGE THAT THE DISTRICT SPENDS FOR THE 23,558
PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE REVISED 23,560
CODE SHALL EQUAL THE PERCENTAGE THAT ITS ORIGINAL CALCULATION 23,561
UNDER DIVISION (E) OF THAT SECTION, BEFORE THE APPLICATION OF 23,562
THIS SECTION, IS OF THE TOTAL OF THE AMOUNTS ORIGINALLY 23,563
CALCULATED UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 OF THE 23,565
REVISED CODE. 23,566
(5) In FY 2002 and thereafter, a district shall expend one 23,568
hundred per cent of its DPIA funds for the purposes of section 23,569
3317.029 of the Revised Code. 23,570
(6) Districts shall comply with the requirements of 23,572
division (G) of section 3317.029 of the Revised Code. 23,573
(7)(a) IN FY 2000, EACH SCHOOL DISTRICT THAT DID NOT MEET 23,576
MORE THAN THIRTY-THREE PER CENT OF THE STATE PERFORMANCE 23,577
STANDARDS SPECIFIED IN SECTION 3302.02 OF THE REVISED CODE, BASED 23,578
ON THE MOST RECENT DATA AS OF JULY 1, 1999, SHALL SPEND ALL OF 23,579
THE FUNDS IT IS REQUIRED BY DIVISION (G)(3)(b) OF THIS SECTION TO 23,580
SPEND FOR PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE 23,582
REVISED CODE SPECIFICALLY FOR THE PURPOSE OF REDUCING CLASS SIZES 23,585
IN GRADES KINDERGARTEN THROUGH TWO, WITH A GOAL OF ATTAINING 23,586
CLASS SIZES OF FIFTEEN STUDENTS PER LICENSED TEACHER IN THESE 23,587
GRADES. HOWEVER, IF THE DISTRICT CERTIFIES TO THE DEPARTMENT, IN 23,588
A MANNER SATISFACTORY TO THE DEPARTMENT, THAT IT NEEDS TO MODIFY 23,589
OR PURCHASE SPACE IN ORDER TO ACHIEVE REDUCED CLASS SIZES, IT MAY 23,590
USE A PORTION OF THE AMOUNT REQUIRED TO BE SPENT TO REDUCE CLASS 23,591
SIZES TO MODIFY OR PURCHASE THAT NEEDED SPACE. 23,592
(b) IN FY 2001, EACH SCHOOL DISTRICT THAT WAS DECLARED IN 23,594
FY 2000 TO BE IN A STATE OF ACADEMIC EMERGENCY UNDER SECTION 23,595
497
3302.03 OF THE REVISED CODE SHALL SPEND ALL OF THE FUNDS IT IS 23,596
REQUIRED BY DIVISION (G)(4)(b) OF THIS SECTION TO SPEND FOR 23,597
PURPOSES OF DIVISION (F)(3) OF SECTION 3317.029 OF THE REVISED 23,598
CODE SPECIFICALLY FOR THE PURPOSE OF REDUCING CLASS SIZES IN 23,599
GRADES KINDERGARTEN THROUGH TWO, WITH A GOAL OF ATTAINING CLASS
SIZES OF FIFTEEN STUDENTS PER LICENSED TEACHER IN THESE GRADES. 23,600
HOWEVER, IF THE DISTRICT CERTIFIES TO THE DEPARTMENT, IN A MANNER 23,601
SATISFACTORY TO THE DEPARTMENT, THAT IT NEEDS TO MODIFY OR 23,602
PURCHASE SPACE IN ORDER TO ACHIEVE REDUCED CLASS SIZES, IT MAY 23,603
USE A PORTION OF THE AMOUNT REQUIRED TO BE SPENT TO REDUCE CLASS 23,604
SIZES TO MODIFY OR PURCHASE THAT NEEDED SPACE. 23,605
(c) IN FY 2002, EACH SCHOOL DISTRICT THAT WAS DECLARED IN 23,607
FY 2000 TO BE IN A STATE OF ACADEMIC EMERGENCY UNDER SECTION 23,608
3302.03 OF THE REVISED CODE SHALL SPEND ONE HUNDRED PER CENT OF 23,609
THE REMAINDER OF THE MONEY CALCULATED FOR IT UNDER SECTION 23,610
3317.029 OF THE REVISED CODE, AFTER DEDUCTING EXPENDITURES FOR 23,611
THE PURPOSES DESCRIBED IN DIVISIONS (F)(1) AND (2) OF SECTION 23,612
3317.029 OF THE REVISED CODE, SPECIFICALLY FOR THE PURPOSE OF 23,614
REDUCING CLASS SIZES IN GRADES KINDERGARTEN THROUGH TWO, WITH A
GOAL OF ATTAINING CLASS SIZES OF FIFTEEN STUDENTS PER LICENSED 23,616
TEACHER IN THESE GRADES. HOWEVER, IF THE DISTRICT CERTIFIES TO 23,618
THE DEPARTMENT, IN A MANNER SATISFACTORY TO THE DEPARTMENT, THAT 23,619
IT NEEDS TO MODIFY OR PURCHASE SPACE IN ORDER TO ACHIEVE REDUCED 23,620
CLASS SIZES, IT MAY USE A PORTION OF THE AMOUNT REQUIRED TO BE 23,621
SPENT TO REDUCE CLASS SIZES TO MODIFY OR PURCHASE THAT NEEDED 23,622
SPACE."
Section 24. That existing Section 18 of Am. Sub. H.B. 650 23,624
of the 122nd General Assembly, as most recently amended by Am. 23,625
Sub. H.B. 850 of the 122nd General Assembly, is hereby repealed. 23,626
Section 25. That Sections 6, 30.07, 30.10, 30.43, and 31 23,628
of Am. Sub. H.B. 850 of the 122nd General Assembly be amended to 23,631
read as follows:
"Sec. 6. The items set forth in this section are hereby 23,633
appropriated out of any moneys in the state treasury to the 23,634
498
credit of the Public School Building Fund (Fund 021), which are 23,635
not otherwise appropriated. Appropriations 23,636
APPROPRIATIONS 23,637
SFC SCHOOL FACILITIES COMMISSION 23,638
CAP-622 Public School Buildings $ 145,000,000 23,641
CAP-777 Disability Access Projects $ 5,000,000 23,643
Total School Facilities Commission $ 150,000,000 23,645
Total Public School Building Fund $ 150,000,000 23,647
DISABILITY ACCESS PROJECTS 23,651
THE FOREGOING APPROPRIATION ITEM CAP-777, DISABILITY ACCESS 23,654
PROJECTS, SHALL BE USED TO FUND CAPITAL PROJECTS PURSUANT TO THIS 23,655
SECTION THAT MAKE BUILDINGS MORE ACCESSIBLE TO STUDENTS WITH
DISABILITIES. 23,656
(A) AS USED IN THIS SECTION: 23,658
(1) "PERCENTILE" MEANS THE PERCENTILE IN WHICH A SCHOOL 23,660
DISTRICT IS RANKED ACCORDING TO THE FISCAL YEAR 1998 RANKING OF 23,661
SCHOOL DISTRICTS WITH REGARD TO INCOME AND PROPERTY WEALTH UNDER 23,662
DIVISION (B) OF SECTION 3318.011 OF THE REVISED CODE. 23,663
(2) "SCHOOL DISTRICT" MEANS A CITY, LOCAL, OR EXEMPTED 23,665
VILLAGE SCHOOL DISTRICT, BUT EXCLUDING A SCHOOL DISTRICT THAT IS 23,666
ONE OF THE STATE'S 21 URBAN SCHOOL DISTRICTS AS DEFINED IN 23,667
DIVISION (O) OF SECTION 3317.02 OF THE REVISED CODE, AS THAT 23,668
SECTION EXISTED PRIOR TO JULY 1, 1998.
(3) "VALUATION PER PUPIL" MEANS A DISTRICT'S TOTAL TAXABLE 23,670
VALUE AS DEFINED IN SECTION 3317.02 OF THE REVISED CODE DIVIDED 23,671
BY THE DISTRICT'S ADM AS DEFINED IN DIVISION (A) OF SECTION 23,672
3317.02 OF THE REVISED CODE AS THAT SECTION EXISTED PRIOR TO JULY 23,673
1, 1998.
(B) THE SCHOOL FACILITIES COMMISSION SHALL ADOPT RULES FOR 23,676
AWARDING GRANTS TO SCHOOL DISTRICTS WITH A VALUATION PER PUPIL 23,677
LESS THAN $200,000, TO BE USED FOR CONSTRUCTION, RECONSTRUCTION,
OR RENOVATION PROJECTS IN CLASSROOM FACILITIES, THE PURPOSE OF 23,678
WHICH IS TO IMPROVE ACCESS TO SUCH FACILITIES BY PHYSICALLY 23,679
HANDICAPPED PERSONS. THE RULES SHALL INCLUDE APPLICATION 23,680
499
PROCEDURES. NO SCHOOL DISTRICT SHALL BE AWARDED A GRANT UNDER 23,681
THIS SECTION IN EXCESS OF $100,000. IN ADDITION, ANY SCHOOL 23,682
DISTRICT SHALL BE REQUIRED TO PAY A PERCENTAGE OF THE COST OF THE 23,683
PROJECT FOR WHICH THE GRANT IS BEING AWARDED EQUAL TO THE 23,684
PERCENTILE IN WHICH THE DISTRICT IS SO RANKED.
Sec. 30.07. Reimbursements for Project Costs 23,686
Appropriations made in Sections 30.02 to 30.06 30.45 of 23,688
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 23,692
purposes of costs of capital facilities for the interim financing 23,693
of which the particular institution has previously issued its own 23,694
obligations anticipating the possibility of future state 23,695
appropriations to pay all or a portion of such costs, as 23,696
contemplated in division (B) of section 3345.12 of the Revised
Code, shall be paid directly to the institution or the paying 23,697
agent for those outstanding obligations in the full principal 23,698
amount of those obligations then to be paid from the anticipated 23,699
appropriation, and shall be timely applied to the retirement of a 23,700
like principal amount of the institutional obligations.
Appropriations made in Sections 30.02 to 30.06 30.45 of 23,702
this act AM. SUB. H.B. 850 OF THE 122nd GENERAL ASSEMBLY for 23,706
purposes of costs of capital facilities, all or a portion of 23,707
which costs the particular institution has paid from the 23,708
institution's moneys that were temporarily available and which 23,709
payments were reasonably expected to be reimbursed from the 23,710
proceeds of obligations issued by the state, shall be directly
paid to the institution in the full amounts of those payments, 23,712
and shall be timely applied to the reimbursement of those 23,713
temporarily available moneys.
Sec. 30.10. CSU CENTRAL STATE UNIVERSITY 23,715
CAP-022 Basic Renovations $ 804,400 23,718
CAP-083 Master Plan/Supplemental Renovations $ 2,449,400 23,720
CAP-084 College of Education Facility - 23,721
Planning $ 1,000,000 23,722
Total Central State University $ 4,253,800 23,724
500
College of Education Facility - Planning 23,727
The foregoing appropriation item CAP-084, College of 23,729
Education Facility - Planning, shall not be released by the 23,731
Controlling Board or the Director of Budget and Management until 23,732
Central State University has satisfactorily completed a 23,733
Campus-wide Master Plan, and has made progress satisfactory to
the Board of Regents and the Office of Budget and Management in 23,735
completing the correction of its outstanding adjudication orders 23,736
as issued by the Department of Commerce. Such progress shall 23,737
include the development of a plan to comply with all remaining 23,738
adjudication orders by the end of fiscal year 2000. This
appropriation shall not be included in the calculation of Central 23,739
State University's debt service obligation until fiscal year 23,740
2002.
Sec. 30.43. MAT MUSKINGUM AREA TECHNICAL COLLEGE 23,742
CAP-007 Basic Renovations $ 203,491 23,745
CAP-014 REGIONAL TECHNOLOGY TRAINING CENTER $ 1,961,290 23,749
Total Muskingum Area Technical College $ 203,491 23,751
2,164,781 23,752
Sec. 31. Debt Service Formula Allocation 23,755
Based on the foregoing appropriations in Sections 30 and 23,757
30.01 to 30.45 of this act AM. SUB. H.B. 850 OF THE 122nd GENERAL 23,759
ASSEMBLY, from Fund 034, Higher Education Improvement Fund, the 23,760
following higher education institutions shall be responsible for 23,761
the specified amounts as part of the debt service component of 23,763
the instructional subsidy beginning in fiscal year 2000:
Institution Amount 23,765
University of Akron $10,800,000 23,766
University of Akron - Wayne $ 675,000 23,767
Bowling Green State University $14,013,310 23,768
Bowling Green State University - Firelands $ 2,056,440 23,769
Central State University $ 2,449,400 23,770
University of Cincinnati $39,386,650 23,771
University of Cincinnati - Walters $ 3,445,212 23,772
501
Cleveland State University $16,719,670 23,773
Kent State University $17,644,310 23,774
Kent State University - Ashtabula $ 575,000 23,775
Kent State University - East Liverpool $ 570,980 23,776
Kent State University - Geauga $ 60,000 23,777
Kent State University - Salem $ 288,310 23,778
Kent State University - Stark $ 1,743,360 23,779
Kent State University - Trumbull $ 175,000 23,780
Kent State University - Tuscarawas $ 75,000 23,781
Miami University $18,400,000 23,782
17,400,000 23,783
Miami University - Hamilton $ 969,540 23,784
Miami University - Middletown $ 1,568,330 23,785
Ohio State University $80,760,310 23,786
77,760,310 23,787
Ohio State University - Lima $2,152,620 23,788
1,118,330 23,789
Ohio State University - Mansfield $ 850,000 23,790
Ohio State University - Marion $ 408,000 23,791
Ohio State University - ATI $ 1,560,000 23,792
Ohio University $26,700,280 23,793
21,700,280 23,794
Ohio University - Eastern $ 398,040 23,795
Ohio University - Chillicothe $ 953,030 23,796
Ohio University - Lancaster $ 1,116,760 23,797
Ohio University - Zanesville $ 1,136,920 23,798
Shawnee State University $ 1,751,500 23,799
University of Toledo $19,800,000 23,800
Wright State University $11,300,000 23,801
Youngstown State University $ 9,200,000 23,802
Medical College of Ohio $ 5,442,150 23,803
Northeastern Ohio Universities College of Medicine $3,425,580 23,805
3,443,313 23,806
Cincinnati State Technical and Community College $ 1,036,000 23,807
502
Columbus State Community College $ 1,500,000 23,808
Cuyahoga Community College $ 6,800,000 23,809
Edison State Community College $ 50,000 23,810
Jefferson Community College $ 817,165 23,811
Lakeland Community College $ 3,165,340 23,812
Lorain Community College $ 100,000 23,813
Owens Community College $ 3,747,260 23,814
Rio Grande Community College $ 636,000 23,815
Hocking Technical College $ 2,924,325 23,816
Lima Technical College $ 900,000 23,817
Marion Technical College $ 52,700 23,818
MUSKINGUM AREA TECHNICAL COLLEGE $ 196,129 23,820
North Central Technical College $ 750,000 23,821
Stark Technical College $ 1,253,252 23,822
Institutions not listed above shall not have a debt service 23,825
obligation as a result of these appropriations. 23,826
Within sixty days after the effective date of this section 23,828
NOT LATER THAN MAY 17, 1999, any institution of higher education 23,830
may notify the Board of Regents of its intention not to proceed 23,831
with any project appropriated in this act AM. SUB. H.B. 850 OF 23,832
THE 122nd GENERAL ASSEMBLY. Upon receiving such notification, 23,834
the Board of Regents may release the institution from its debt
service obligation for the specific project." 23,835
Section 26. That existing Sections 6, 30.07, 30.10, 30.43, 23,837
and 31 of Am. Sub. H.B. 850 of the 122nd General Assembly are 23,840
hereby repealed.
Section 27.* That Section 26 of Am. Sub. H.B. 850 of the 23,842
122nd General Assembly be amended to read as follows: 23,844
"Sec. 26. (A) All items set forth in this section are 23,846
hereby appropriated out of any moneys in the state treasury to 23,847
the credit of the School Building Program Assistance Fund (Fund 23,848
032) created under section 3318.25 of the Revised Code, derived 23,849
from the proceeds of obligations heretofore and herein authorized 23,850
to pay the cost to the state of acquiring classroom facilities 23,851
503
for sale to school districts pursuant to sections 3318.01 to 23,852
3318.20 of the Revised Code. 23,853
Appropriations 23,855
SFC SCHOOL FACILITIES COMMISSION 23,856
CAP-737 School Building Program Assistance $ 355,000,000 23,859
Total School Facilities Commission $ 355,000,000 23,861
Total School Building Program Assistance Fund $ 355,000,000 23,863
School Building Program Assistance 23,866
The foregoing appropriation item CAP-737, School Building 23,868
Program Assistance, shall be used by the School Facilities 23,869
Commission to provide funding to school districts that receive 23,870
conditional approval from the Commission pursuant to Chapter 23,871
3318. of the Revised Code.
Commitments by the School Facilities Commission 23,873
The School Facilities Commission shall not commit at least 23,875
$300 million of the combined amounts of the foregoing 23,876
appropriations items CAP-622, Public School Buildings (Fund 021), 23,877
and CAP-737, Public School Building Assistance (Fund 032), until 23,878
after June 30, 1999.
(B)(1) As used in this division: 23,880
(a) "Low wealth school district" means a school district 23,882
in the lowest fifty per cent of adjusted valuation per pupil on 23,883
the fiscal year 1999 ranking of school districts, established 23,884
pursuant to section 3317.02 3317.0213 of the Revised Code. 23,885
(b) A "school district with an exceptional need for 23,887
immediate CLASSROOM facility assistance" means a school district 23,889
with an exceptional need for new facilities in order to protect 23,890
the health and safety of all or a portion of its students. 23,891
School districts reasonably expected to be served by the
Classroom Facilities Assistance Program prior to June 30, 2002, 23,893
in THE order provided under divisions (C)(1) and (2) of section 23,895
3318.06 3318.02 of the Revised Code, are excluded from 23,897
participating in this exceptional needs pilot program. 23,898
(2) Of the $300,000,000 the School Facilities Commission 23,900
504
shall not commit until after June 30, 1999, the School Facilities 23,901
Commission may set aside up to ten per cent for the pilot program 23,903
for low wealth school districts with exceptional needs for 23,904
immediate classroom facility assistance.
(3)(a) After consulting with education and construction 23,906
experts, the School Facilities Commission shall adopt guidelines 23,907
for identifying school districts with an exceptional need for 23,908
immediate classroom facility assistance. 23,909
(b) The guidelines shall include application forms and 23,911
instructions for school districts that believe they have an 23,912
exceptional need for immediate classroom facility assistance. 23,913
(4) The School Facilities Commission shall evaluate the 23,915
classroom facilities, and the need for replacement classroom 23,916
facilities from the applications received under this section. 23,917
The School Facilities Commission, utilizing the guidelines 23,918
adopted pursuant to division (B)(3) of this section, shall
prioritize the school districts to be assessed. 23,919
In accordance with division (C)(3) of NOTWITHSTANDING 23,921
section 3318.02 of the Revised Code, the School Facilities 23,923
Commission may conduct on-site evaluation of the school districts 23,924
prioritized under this section and approve and award funds until
such time as all funds set aside pursuant to division (B)(2) of 23,926
this section have been encumbered pursuant to section 3318.04 of 23,927
the Revised Code.
(5) NOTWITHSTANDING DIVISION (A) OF SECTION 3318.05 OF THE 23,930
REVISED CODE, THE PORTION OF THE BASIC PROJECT COSTS THAT SHALL
BE PAID BY A DISTRICT RECEIVING STATE FUNDS UNDER THE PILOT 23,931
PROGRAM SHALL BE THE "REQUIRED PERCENTAGE OF THE BASIC PROJECT 23,932
COSTS," AS DEFINED IN DIVISION (K) OF SECTION 3318.01 OF THE 23,933
REVISED CODE."
Section 28.* That existing Section 26 of Am. Sub. H.B. 850 23,935
of the 122nd General Assembly is hereby repealed. 23,936
Section 29. (A) That Sections 50.52.1, 50.52.3, 50.52.6, 23,938
50.52.8, 50.52.11, and 50.52.13 of Am. Sub. H.B. 215 of the 122nd 23,939
505
General Assembly are hereby repealed. 23,940
(B) That Sections 50.52.4, 50.52.7, and 50.52.9 of Am. 23,942
Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. 23,943
Sub. H.B. 770 of the 122nd General Assembly, are hereby repealed. 23,944
(C) That Sections 50.52.5 and 50.52.10 of Am. Sub. H.B. 23,946
215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 23,947
650 and Am. Sub. H.B. 770 of the 122nd General Assembly, are 23,948
hereby repealed. 23,949
Section 30. (A) As used in this section, "pilot project 23,951
area" means the school districts included in the territory of the 23,952
former community school pilot project established by former 23,953
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly. 23,954
(B) Any teacher or nonteaching employee of a school 23,956
district in the pilot project area who, on the effective date of 23,957
this section, is taking a leave of absence from the district 23,958
pursuant to a policy adopted under former Section 50.52.13 of 23,959
that act to work at a community school established under the 23,960
pilot project and located in another school district may continue 23,961
the leave under the terms of that policy and former section. 23,962
Upon termination of the leave, the district shall return the 23,963
teacher or nonteaching employee to a position, salary, and level 23,964
of seniority as required by that former section. 23,965
(C) During the first year of operation of a community 23,967
school in the pilot project area, the Department of Education 23,968
shall pay each school district in the pilot project area, for 23,969
each student enrolled in the community school who is otherwise 23,971
entitled to attend school in the district under section 3313.64 23,972
or 3313.65 of the Revised Code, 50 per cent of the district's per 23,973
pupil state funds. For this purpose, "per pupil state funds" 23,974
means the sum of the amounts computed for the district under 23,975
divisions (A), (C)(1), and (E) of section 3317.022 of the Revised 23,976
Code plus any payments received under section 3317.0212 of the 23,977
Revised Code, divided by the district's formula ADM certified 23,978
under section 3317.03 of the Revised Code. The payments made 23,979
506
under this division are in addition to all other payments made 23,980
under Chapter 3317. of the Revised Code to any school district in 23,981
the pilot project area. This division applies only in fiscal 23,982
years 2000 and 2001.
Section 31. Every school district shall identify by 23,984
November 15, 2000, any gifted student enrolled as of January 1, 23,985
2000, in grades kindergarten through eleven in the district. 23,986
Section 32. (A) The Ohio School Facilities Commission may 23,988
commit up to thirty-five million dollars to the Canton City 23,989
School District for construction of a facility described in this 23,991
section, in lieu of a high school that would otherwise be 23,992
authorized under Chapter 3318. of the Revised Code. The
commission shall not commit funds under this section unless all 23,993
of the following conditions are met: 23,994
(1) The district has entered into a cooperative agreement 23,996
with a state-assisted technical college; 23,997
(2) The district has received an irrevocable commitment of 23,999
additional funding from nonpublic sources; 24,000
(3) The facility is intended to serve both secondary and 24,002
postsecondary instructional purposes. 24,003
(B) The commission shall enter into an agreement with the 24,005
district for the construction of the facility authorized under 24,006
this section that is separate from and in addition to the 24,007
agreement required for the district's participation in the 24,008
Classroom Facilities Assistance Program under section 3318.08 of 24,009
the Revised Code. Notwithstanding that section and sections 24,010
3318.03, 3318.04, and 3318.083 of the Revised Code, the 24,012
additional agreement shall provide but not be limited to the 24,013
following:
(1) The commission shall not have any oversight 24,015
responsibilities over the construction of the facility; 24,016
(2) The facility need not comply with the specifications 24,018
for plans and materials for high schools adopted by the 24,019
commission;
507
(3) The commission may decrease the basic project cost 24,021
that would otherwise be calculated for a high school under 24,023
Chapter 3318. of the Revised Code;
(4) The state shall not share in any increases in the 24,025
basic project cost for the facility above the amount authorized 24,026
under this section.
All other provisions of Chapter 3318. of the Revised Code 24,028
apply to the approval and construction of a facility authorized 24,030
under this section.
The state funds committed to the facility authorized by 24,032
this section shall be part of the total amount the state commits 24,033
to the Canton City School District under Chapter 3318. of the 24,034
Revised Code. All additional state funds committed to the Canton 24,035
City School District for classroom facilities assistance shall be 24,036
subject to all provisions of Chapter 3318. of the Revised Code. 24,037
Section 33.* Not later than four years after the effective 24,039
date of this section, the Board of Regents shall determine the 24,040
cost of upgrading facilities at public universities in this state 24,041
that likely would be used if the City of Cincinnati were awarded 24,042
the summer olympic games. Upon completion of the cost 24,043
determination, the board shall submit a written report of its 24,044
findings to the Governor, the President of the Senate, the 24,045
Speaker of the House of Representatives, and to each member of 24,046
the legislative authority of the City of Cincinnati. 24,047
Section 34.* On the effective date of this section, the 24,049
Ohio SchoolNet Office is abolished and all of its functions, and 24,050
assets and liabilities, are transferred to the Ohio SchoolNet 24,051
Commission. The Ohio SchoolNet Commission is thereupon and 24,052
thereafter successor to, assumes the obligations of, and 24,053
otherwise constitutes the continuation of the Ohio SchoolNet 24,054
Office.
Any business commenced but not completed by the Ohio 24,056
SchoolNet Office or its director on the effective date of this 24,057
section shall be completed by the Ohio SchoolNet Commission or 24,058
508
its executive director in the same manner, and with the same 24,059
effect, as if completed by the Ohio SchoolNet Office or its 24,060
director. No validation, cure, right, privilege, remedy, 24,061
obligation, or liability is lost or impaired by reason of the 24,062
transfer required by this section and shall be administered by 24,063
the Ohio SchoolNet Commission. All of the Ohio SchoolNet 24,064
Office's rules, orders, and determinations continue in effect as 24,065
rules, orders, and determinations of the Ohio SchoolNet 24,066
Commission, until modified or rescinded by the Ohio SchoolNet 24,067
Commission. If necessary to ensure the integrity of the 24,068
numbering of the Administrative Code the Director of the 24,069
Legislative Service Commission shall renumber the Ohio SchoolNet 24,070
Office's rules to reflect their transfer to the Ohio SchoolNet 24,071
Commission.
Subject to the lay-off provisions of sections 124.321 to 24,073
124.328 of the Revised Code, all of the employees of the Ohio 24,074
SchoolNet Office are transferred to the Ohio SchoolNet Commission 24,075
and retain their positions and all of the benefits accruing 24,076
thereto.
Whenever the Ohio SchoolNet Office or its director is 24,078
referred to in any law, contract, or other document, the 24,079
reference shall be deemed to refer to the Ohio SchoolNet 24,080
Commission or its executive director, whichever is appropriate. 24,081
No action or proceeding pending on the effective date of 24,083
this section is affected by the transfer, and shall be prosecuted 24,084
or defended in the name of the Ohio SchoolNet Commission or its 24,085
executive director. In all such actions and proceedings, the 24,086
Ohio SchoolNet Commission or its executive director upon 24,087
application to the court shall be substituted as a party. 24,088
Section 35.* The Department of Education shall apply 24,090
division (D) of section 3319.22 of the Revised Code to 24,091
educational service centers and county boards of mental 24,092
retardation and developmental disabilities as if it were 24,093
effective July 1, 1998. The department shall accept a 24,094
509
professional development plan and coursework that was approved on 24,095
or after that date by a local professional development committee 24,096
established by a service center or county board if the committee 24,097
meets the requirements of that division and the plan and 24,098
coursework meet the requirements of the rules adopted by the 24,099
State Board of Education under section 3319.22 of the Revised 24,100
Code.
Section 36. Sections 3313.974, 3313.975, 3313.976, 24,102
3313.977, 3313.978, and 3313.979 of the Revised Code contained 24,103
within the purview of Sections 1 and 2 of this act, which 24,104
establish the Pilot Project Scholarship and Tutorial Assistance 24,105
Program, are repealed and reenacted with modifications in order 24,107
to restore them to effectiveness as part of the law and to
reinstate the program with modifications. The Supreme Court of 24,109
Ohio, in Simmons-Harris v. Goff (1999), __Ohio St.3d__, 24,110
invalidated the sections as they resulted from Am. Sub. H.B. 117 24,111
of the 121st General Assembly, 146 Ohio Laws 900, holding their 24,112
enactment in that act to have been violative of the one-subject 24,113
rule, Ohio Constitution, Article II, Section 15(D). 24,114
This reinstatement of the Pilot Project Scholarship and 24,116
Tutorial Assistance Program is a continuation of the program 24,117
operating in the 1998-1999 school year, with the modifications 24,118
made in this act. Students who received scholarships and were 24,119
enrolled in kindergarten through fourth grade that year may 24,120
continue to receive scholarships in subsequent years, as provided 24,121
in division (C)(1) of new section 3313.975 of the Revised Code, 24,122
until they complete fifth grade, as long as they comply with the 24,123
requirements of new sections 3313.974 to 3313.979 of the Revised 24,124
Code and the General Assembly appropriates funds for the program. 24,125
Amendments to the Pilot Project Scholarship Program 24,127
subsequent to Am. Sub. H.B. 117 also lost effectiveness because 24,128
of the invalidation of the original enactment. The repeal and 24,129
reenactment of section 3313.975 of the Revised Code contained 24,130
within the purview of Sections 1 and 2 of this act also restore 24,131
510
these subsequent amendments, by Am. Sub. H.B. 215 and Am. Sub. 24,132
H.B. 770 of the 122nd General Assembly, to effectiveness as part 24,133
of the law. The amendment of section 3313.975 of the Revised 24,134
Code in Am. Sub. H.B. 215 corrected a constitutional deficiency 24,135
noted in Simmons-Harris v. Goff, unreported, 10th District Court 24,137
of Appeals (1997).
Section 3313.977 as repealed and reenacted within the 24,139
purview of Sections 1 and 2 of this act omits original division 24,140
(A)(1)(d) of that section to correct a constitutional deficiency 24,141
noted in Simmons-Harris v. Goff (1999), __Ohio St.3d__. 24,142
Section 37. For a period of 6 months from the effective 24,144
date of this section, a school board upon a two-thirds vote of 24,145
its members may, notwithstanding AC 3301-92-03, withdraw moneys 24,146
from the budget reserve fund for an unanticipated deficiency in 24,147
revenue or an emergency. The school board must certify that the
reason for withdrawal is one of the following conditions: 24,148
1. The school district's loss at the ballot of an existing 24,150
operating levy in the current or previous fiscal year; 24,151
2. Substantial income or property tax delinquencies; 24,153
3. A substantial loss of tangible personal property 24,155
assessed valuation;
4. A substantial loss in revenue or an expenditure due to 24,157
civil insurrection;
5. A substantial loss in revenue or an expenditure due to 24,159
a natural disaster;
6. Substantial expenditure due to a catastrophic capital 24,161
loss;
7. A substantial loss of state aid; 24,163
8. A substantial tax refund paid by the school district in 24,165
any one fiscal year; 24,166
9. Any other unanticipated, extraordinary, unusual and 24,168
infrequent occurrence in any one fiscal year that results in a 24,169
substantial expenditure or a loss in revenue. 24,170
Pursuant to RC 5705.29, the board must file a schedule for 24,172
511
replenishing the account with the Superintendent of Public 24,173
Instruction and receive approval of the schedule from the 24,174
Superintendent of Public Instruction before proceeding with the 24,175
withdrawal. No other approval of the Superintendent of Public
Instruction is required. 24,176
The State Auditor and State Superintendent of Public 24,178
Instruction, within 6 months hereafter, shall re-file 24,179
administrative rule 3301-92-03 relative to the withdrawal of 24,180
funds from school districts' budget reserve funds. The State
Auditor and State Superintendent of Public Instruction shall 24,181
receive input from affected entities and shall consider 24,182
information and experience which has developed since the initial 24,183
promulgation of the rule, with particular emphasis on the role of 24,184
the State Superintendent of Public Instruction with respect to
the withdrawal of funds of the school district, and the 24,185
appropriateness of threshold amounts for withdrawal of funds. 24,186
Section 38. Except as otherwise specifically provided in 24,188
this act, the codified sections of law amended or enacted in this 24,189
act, and the items of law of which the codified sections of law 24,190
amended or enacted in this act are composed, are subject to the 24,191
referendum. Therefore, under Ohio Constitution, Article II, 24,192
Section 1c and section 1.471 of the Revised Code, the codified 24,193
sections of law amended or enacted by this act, and the items of 24,194
law of which the codified sections of law as amended or enacted 24,195
by this act are composed, take effect on the ninety-first day 24,196
after this act is filed with the Secretary of State. If, 24,197
however, a referendum petition is filed against any such codified 24,198
section of law as amended or enacted by this act, or against any 24,199
item of law of which any such codified section of law as amended 24,200
or enacted by this act is composed, the codified section of law 24,201
as amended or enacted, or item of law, unless rejected at the 24,202
referendum, takes effect at the earliest time permitted by law. 24,203
Section 39. Except as otherwise specifically provided in 24,205
this act, the repeal by this act of a codified section of law is 24,206
512
subject to the referendum. Therefore, under Ohio Constitution, 24,207
Article II, Section 1c and section 1.471 of the Revised Code, the 24,208
repeal by this act of a codified section of law takes effect on 24,209
the ninety-first day after this act is filed with the Secretary 24,210
of State. If, however, a referendum petition is filed against 24,211
any such repeal, the repeal, unless rejected at the referendum, 24,212
takes effect at the earliest time permitted by law. 24,213
Section 40. Sections 3302.01, 3302.02, 3302.03, 3313.974, 24,215
3313.975, 3313.976, 3313.977, 3313.978, 3313.979, 3313.981, 24,216
3314.012, 3314.03, 3314.05, 3314.06, 3314.071, 3314.08, 3314.09, 24,219
3314.11, 3314.12, 3314.13, 3314.15, 3316.05, 3316.06, 3317.014,
3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 24,221
3317.0213, 3317.0216, 3317.03, 3317.033, 3317.05, 3317.051, 24,223
3317.11, 3317.16, 3317.162, 3318.33, 3332.05, 3332.07, 3333.12, 24,224
3333.27, 4117.101, and 5910.032 of the Revised Code as amended or 24,225
enacted by this act, and the items of law of which such sections 24,226
as amended or enacted by this act are composed, are not subject 24,227
to the referendum. Therefore, under Ohio Constitution, Article 24,228
II, Section 1d and section 1.471 of the Revised Code, such 24,229
sections as amended or enacted by this act, and the items of law 24,230
of which such sections as amended or enacted by this act are 24,231
composed, go into immediate effect when this act becomes law. 24,232
Section 41. The repeal by this act of sections 3313.974, 24,234
3313.975, 3313.976, 3313.977, 3313.978, 3313.979, 3317.053, and 24,235
3317.16 of the Revised Code is not subject to the referendum. 24,236
Therefore, under Ohio Constitution, Article II, Section 1d and 24,237
section 1.471 of the Revised Code, the repeals go into immediate 24,238
effect when this act becomes law. 24,239
Section 42. (A) The amendments by this act to division 24,241
(F) of section 5919.34 of the Revised Code constitute an item of 24,242
law that is subject to the referendum. Therefore, under Ohio 24,243
Constitution, Article II, Section 1c and section 1.471 of the 24,244
Revised Code, this item of law takes effect on the ninety-first 24,245
day after this act is filed with the Secretary of State. If, 24,246
513
however, a referendum petition is filed against the item of law, 24,247
the item of law, unless rejected at the referendum, takes effect 24,248
at the earliest time permitted by law. 24,249
(B) The amendments by this act to section 5919.34 of the 24,251
Revised Code, except for the amendments to division (F) of the 24,252
section, constitute an item of law that is not subject to the 24,253
referendum. Therefore, under Ohio Constitution, Article II, 24,254
Section 1d and section 1.471 of the Revised Code, this item of 24,255
law goes into immediate effect when this act becomes law. 24,256
Section 43. Except as otherwise specifically provided in 24,258
this act, the uncodified sections of law amended or enacted in 24,259
this act, and the items of law of which the uncodified sections 24,260
of law amended or enacted in this act are composed, are not 24,261
subject to the referendum. Therefore, under Ohio Constitution, 24,262
Article II, Section 1d and section 1.471 of the Revised Code, the 24,263
uncodified sections of law amended or enacted in this act, and 24,264
the items of law of which the uncodified sections of law amended 24,265
or enacted in this act are composed, go into immediate effect 24,266
when this act becomes law. 24,267
Section 44. Uncodified sections of law amended or enacted 24,269
in this act, and items of law contained within the uncodified 24,270
sections of law amended or enacted in this act, that are marked 24,271
with an asterisk are subject to the referendum. Therefore, under 24,272
Ohio Constitution, Article II, Section 1c and section 1.471 of 24,273
the Revised Code, the uncodified sections and items of law marked 24,274
with an asterisk take effect on the ninety-first day after this 24,275
act is filed with the Secretary of State. If, however, a 24,276
referendum petition is filed against an uncodified section or 24,277
item of law marked with an asterisk, the uncodified section or 24,278
item of law marked with an asterisk, unless rejected at the 24,279
referendum, takes effect at the earliest time permitted by law. 24,280
If the amending and existing repeal clauses commanding an 24,282
amendment of an uncodified section of law are both marked with 24,283
asterisks, the uncodified section as amended is deemed also to 24,285
514
have been marked with an asterisk.
An asterisk marking an uncodified section or item of law 24,287
has the form *. 24,288
This section defines the meaning and form of, but is not 24,290
itself to be considered marked with, an asterisk. 24,291
Section 45. If the amendment or enactment in this act of a 24,293
codified or uncodified section of law is subject to the 24,294
referendum, the corresponding indications in the amending, 24,295
enacting, or existing repeal clauses commanding the amendment or 24,296
enactment also are subject to the referendum, along with the 24,297
amendment or enactment. If the amendment or enactment by this 24,298
act of a codified or uncodified section of law is not subject to 24,299
the referendum, the corresponding indications in the amending, 24,300
enacting, or existing repeal clauses commanding the amendment or 24,301
enactment also are not subject to the referendum, the same as the 24,302
amendment or enactment. 24,303
Section 46. An item, other than an amending, enacting, or 24,305
repealing clause, that composes the whole or part of an 24,306
uncodified section contained in this act has no effect after June 24,307
30, 2001, unless its context clearly indicates otherwise. 24,308
Section 47. Section 3316.06 of the Revised Code is 24,310
presented in this act as a composite of the section as amended by 24,311
both Am. Sub. H.B. 56 and Am. Sub. S.B. 17 of the 122nd General 24,312
Assembly, with the new language of neither of the acts shown in 24,314
capital letters. This is in recognition of the principle stated 24,315
in division (B) of section 1.52 of the Revised Code that such 24,316
amendments are to be harmonized where not substantively 24,317
irreconcilable and constitutes a legislative finding that such is 24,318
the resulting version in effect prior to the effective date of 24,319
this act.
Section 48. Section 3365.07 of the Revised Code is 24,321
presented in this act as a composite of the section as amended by 24,322
both Am. Sub. H.B. 434 and Am. Sub. H.B. 777 of the 118th General 24,323
Assembly, with the new language of neither of the acts shown in 24,325
515
capital letters. This is in recognition of the principle stated 24,326
in division (B) of section 1.52 of the Revised Code that such 24,327
amendments are to be harmonized where not substantively 24,328
irreconcilable and constitutes a legislative finding that such is 24,329
the resulting version in effect prior to the effective date of 24,330
this act.
Section 49. If any item of law that constitutes the whole 24,332
or part of a codified or uncodified section of law contained in 24,333
this act, or if any application of any item of law that 24,334
constitutes the whole or part of a codified or uncodified section 24,335
of law contained in this act, is held invalid, the invalidity 24,336
does not affect other items of law or applications of item of law 24,337
that can be given effect without the invalid item of law or
application. To this end, the items of law of which the codified 24,338
and uncodified sections contained in this act are composed, and 24,339
their applications, are independent and severable. 24,340